Res No 056-22-15809RESOLUTION NO.: 056-22-15809
A Resolution authorizing th e City Manager negotiate and e x ecute a Professional Service
Agreement provided under Florida Statute 287 .055 Consultant's Competitive
Negotiation Act "CCNA", with SRS Enginee ring, Inc., EXP U.S. Services Inc ., Stantec
Consulting Services Inc ., Calvin , Giordano & Associates, Inc., M&J Engineering P.c., and
Kimley-Horn and A ss ocia t es, Inc ., for general engineering serv ices on an as needed basis .
WHEREAS , the City Mayor an d Co mmission wis h to negotiate and execute f o r ge neral engi n eering
and ar chitectural services on an as needed bas i s and on a rotat i on basis; and
WHEREAS, in accorda n ce w ith Florida Statute 287.055, "Co nsul tants Competitive Negotiation
Act." (CCNA), th e City iss u ed a Request for Qualifications (RFQ) to r etai n qua lified co n su lt ants to pro v ide
va ri ous professional and ge neral e ngin eer in g and archi tectu r al se r vices, on a rotationa l and as needed
basis; and
WHEREAS, a Selection Committee comprised of City staff, reviewed the proposals recei ve d and is
recommending, based on the final sco r es and rankin g, six (6) firms for the Contract Negoti at ions phase of
the process required by the CCNA; and
WHEREAS, it was n oted that two Respondents tie d i n r anki ng order, EXP U.S. Services Inc., and
Stantec Co nsult ing Services Inc ., at 2.33; an d
WHEREAS , due to the numb er of proposa l s received (21), the Se lec t ion Committee is recommend in g
six (6) Respondent s for Contract Negotiations phase of the CCNA process and execution of professiona l service
ag re ement; and
WHEREAS , the Mayo r and City Commission w ish to authoriz e the City Manager to negotiate and
execute the professional serv ice agreements.
WHEREAS , the Professional Service Agreement w i th t he fi r ms shal l be for a term of three (3) years
an d providing the City M an ager w ith sole discretion to renew t h e agreement for o n e (1) two (2) year
renewal. Th e ma ximum te rm of an yo ne contract, if t h e City Manager dec id es to r enew it, wi ll be fi ve (5)
consecutive years. The expend itures related thi s contract w i ll be charged to the Capita l Improvements
Program Accounts o n an as ne eded bas is.
NOW THEREFORE , BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA :
Section 1. Th e forego in g rec itals are here by rat i fied and confirm ed as be i ng tru e and they ar e
incorporated in to thi s resolution by refe r ence as if set forth in fu ll herei n .
Section 2. The City Manager is hereby auth orized to negoti ate and exec ute a non -ex clusi ve multi -
year co nt ract with the firms selected for professional survey ing , studies, engineeri ng, and architectu ra l
se r vi ces for constr u ct ion projects in accordance w ith Section 287.055, "Consu ltants Competiti ve
Negotiation Act" on a rotationa l and as needed basis. Th e term of each contract will be three (3) years
and the City Manager wi ll ha ve an option to renew each cont ract f or one (1) two (2) year term . A copy of
Page 1 of 2
Res. No. 056-22-15809
a draft of the contract is attached. Th e contract may be amended in the event that the City Attorney finds
that it is in the best in te r est of the City and that it complies w ith the CCNA process. The expenditures
related these contracts will be charged to the Capital Im provements Program Accounts .
Section 3. Corrections. Conforming language or technical scrivener-type corrections may be
made by the City Attorney for any conforming amend me nts to be incorporated into the final resolution
for sig n ature.
Section 4: Severability. If any sectio n, clause, sentence, or phrase of thi s resolution i s for any
reason held in va lid or unconstitutional by a court of competent jurisd ict ion, the holdin g sha ll not affect
the va lidity of the remaining portions of this resolution.
Section 5: Effective Date: This resolution shall b ecome effective immediately upon adoption.
PASSED AN D ADOPTED this 3 rd day of May, 2022.
APPROVED:
~g#4~' /~ V ~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEG ALITY, AND EXECUTION
'~
C ATIORNEY
Page 2 of 2
COMMISSION VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
Commissioner Liebman:
Commissioner Corey:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and execute a Professional Service Agreement provided
under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with SRS Engineering, Inc.,
EXP U.S. Services Inc., Stantec Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J
Engineering P.C., and Kimley-Horn and Associates, Inc., for general engineering services on an as needed
basis. 3/5 (City Manager-Public Works & Engineering Dept.)
Suggested Action:
Attachments:
Memo Prof Serv CCNA 4-26-22.docx
Reso_Memo_Prof_Serv_CCNA 4-27-22 CArev.docx
FINAL RFP Professional Engineering Services 1.5.22 CArev (002).pdf
Proposals Received Report RFQ PW2022-03 2.08.22.pdf
3.9.22 FINAL SCORES_RANK RFP PW2022-03.pdf
SRS ENG Professional Eng Svcs Agreement.pdf
STANTEC Professional Eng Svcs Agreement.pdf
M & J ENGINEERING Professional Eng. Svcs Agreement_1.pdf
v2KIMLEY HORN Professional Eng Svcs Agreement.pdf
EXP US Professionjal Eng Svs Agreement.pdf
CALVIN GIORDANO Professional Eng Svc Agreement.pdf
SUN BIZ CALVIN GIORDANO.pdf
SUN BIZ EXP US SERVICES.pdf
SUN BIZ KIMLEY HORN.pdf
1
SUN BIZ M & J ENG.pdf
SUN BIZ SRS ENGINERING.pdf
SUN BIZ STANTEC.pdf
MDBR Ad.pdf
MH Ad.pdf
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:May 3, 2022
SUBJECT:A Resolution authorizing the City Manager to negotiate and execute a Professional
Service Agreement provided under Florida Statute 287.055 Consultant's Competitive
Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec
Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and
Kimley-Horn and Associates, Inc., for general engineering services on an as needed
basis.
BACKGROUND:The City issued a Request for Qualifications (RFQ) to retain qualified consultants to
provide various professional and general engineering and architectural services, on an
as needed basis and on a rotation basis, in accordance with Florida Statute 287.055,
“Consultants Competitive Negotiation Act.” Twenty-one (21) proposals were received
in response to the RFQ.
A Selection Committee comprised of Jane Tompkins/Planning Director, Aurelio
Carmenates/CIP Project Manager and Chairperson, Quentin Pough /Parks Department
Directormet on March9, 2022,to review the proposals and is recommending based on
the final scoresand ranking the following six (6) firms for the next phase in the Selection
Process “Contract Negotiations.”
Respondent Ranking Order
BIDDER Q. POUGH J. TOMPKINS
A.
CARMENATES AVG RANK
SRS
ENGINEERING 1 1 1 1.00
EXP US SVCS 3 2 2 2.33
STANTEC 2 2 3 2.33
CALVIN
GIORDANO 4 2 4 3.33
MJ ENG 3 4 5 4.00
KIMLEY HORN 6 2 5 4.33
It was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and
Stantec Consulting Services Inc., at 2.33. Procurement previously discussed the
3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
potential of ties in ranking order with the City Attorney simply due to the number of
proposals received (21). TheSelection Committee is recommending six (6) Respondents
for the next phase in the Selection Process “Contract Negotiations” and execution of
professional service agreement.
AMOUNT:Please refer to the proposed consultant contract and fee schedule.
FUND &ACCOUNT:The expenditures related this contract shall be charged to the Capital Improvements
Program Accounts on an as needed basis
ATTACHMENTS:Resolution
RFQ #PW2022-03
Pre-bid Sign-in Sheet
Bid Opening Report
Selection Committee Final Rankings
Professional Services Agreement
Sun-Biz Report
4
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
SUBMITTAL DUE DATE: February 8, 2022 at 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for
Qualifications”, “RFQ” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for
Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 – 03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT 1, Attachments A, & B,) and pursuant to Florida Statute 287.055, “Consultants Competitive
Negotiations Act,” the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”).
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
“Closing Date”) on February 8, 2022 and any Proposal received by the City through DemandStar after 10:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on
a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on January 21, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing
+1-786-635-1003 Meeting ID: 3056636339.
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The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
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DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https://network.demandstar.com/ which on April 3, 2020 brings up the
following message.
If you do not have an account with DemandStar, click on “Create Your
Account” otherwise, if you have an account, click on the “x” in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
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SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1,
ATTACHMENTS A, & B.
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SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
TENTATIVE SCHEDULE
No Event Date* Time*
(EST)
1 Advertisement/ Distribution of Solicitation & Cone of Silence
begins 1/5/2022 1:00 PM
2
NON-MANDATORY PRE-BID MEETING
The Procurement Division will conduct the NON-
MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at https://zoom.us/j/3056636339
,or listen to the meeting on a dedicated phone line by dialing +1 -
786-635-1003 Meeting ID: 3056636339.
1/21/2022 10:00 AM
3 Deadline to Submit Questions 1/26/2022 10:00 AM
4 Deadline to City Responses to Questions 2/12022 10:00 AM
5
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
https://network.demandstar.com/ 2/8/2022 10:00 AM
6
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https://zoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting
ID: 3056636339. 2/8/2022 10:30 AM
7 Projected Announcement of selected Contractor/Cone of
Silence ends 3/1/2022 7:00 PM
END OF SECTION
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INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
“PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”.
1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami.
The City reserves the right, before recommending any award, to inspect the offices and organization or to take
any other action necessary to determine ability to perform in accordance with the specifications, terms and
conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent’s Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the res ponse;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm’s Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation.
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8. Any questions concerning the Solicitation or any required need for cl arification must be made in writing, by
10:00 AM January 26, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation
Specifications” or “Solicitation”) by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City’s website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in
accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional
staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section 8A-7, has been duplicated at the end of these instructions .
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a let ter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marke ting, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registrat ion by complying with section 8A-5 (c) (9), of the
City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sole discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
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g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub -
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this Solicitation the following applies:
a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so
will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
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e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) 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
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal /E-bid Bond, if required for
this Project.
20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on
any of those documents as the Respondent’s signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materials, references, and past history of service to the City and/or with other units o f state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in respon ds to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of
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South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited
to reasonable attorney’s fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or
intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the
performance of its contractual obligations to the City. This indemnification will survive the termination of the
Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it
constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as
applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal
will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be
released until and unless the Respondent waives any and all claims that the Respondent may have against the
City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any
suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation
for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for
this project, will be applied to the payment of those amounts awarded by the court and any balance due the
City will be paid by the Respondent.
26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if
the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida.
28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
28.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond.
30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
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No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids.
31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is
included with this Solicitation Package.
33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent’s
principal, partners, members or stockholders (collectively referred to as “Respondent Debtors”). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
36. E-bid Protest Procedure. See attached EXHIBIT 7.
37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4.
38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awa rded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent’s prices decline, or should respondent, at any time during the term of a cont ract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
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41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential info rmation that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document i n all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and
confidential information, the Respondent must provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or
“properly listed” confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the unredacted document contains confidential information. If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent’s claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent’s sole and exclusive cost, to defend the request fo r disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
42. Definitions. The following definitions will govern the interpretation of this RFP:
“Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing
or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset
Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will
tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re -advertised.
45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents
or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager.
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47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
48. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent shall not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the perform ance of Services under this
Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" shall become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier there of,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if
any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the
Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its
subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclusively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information shall be deemed to have
been given in confidence and any statement or legend to the contrary shall be void and of no effect.
END OF SECTION
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CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. 8A-7. Cone of Silence:
(A) Definitions.
(1) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the
“Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder;
(hereinafter referred to as the “Bidder’s Representative”) and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) “City’s professional staff” means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(1) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
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(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited by the
applicable competitive solicitation documents. This section shall not be construed to prevent
written communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of
silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or
Bidder’s Representative. The City Clerk shall make copies available to any person upon
request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City’s professional staff and Potential
Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder’s Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
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SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
1. Format and Content of RFQ Response
Firms responding to the Solicitation shall disclose their qualifications to serve as the
City’s disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent’s agency/firm, address, telephone number, name of contact
person, date and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 – 03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm’s resources.
Summarize your firm’s qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm’s understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above.
Response to the Solicitation: This section, including the Cover Letter and Executive
Summary, should summarize the key points of your submittal. Limit to one (1) to
FIFTEEN (15) pages. Response to the Solicitation must include the following.
1. Respondent’s qualifications to perform the services detailed in Exhibit 1, “Scope of
Services.”
2. Detailed work plan/project approach and schedule designed to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person.
4. In addition to submission of the “Respondents Qualification Statement” found in
the RFQ and in Exhibit 1, “Scope of Services,” Respondent’s experience with
engagements of a similar scope including a summary of prior work experience and
competence in undertaking engagements of this type. Experience shown should be of
the lead project personnel who will be assigned to the City’s project and will routinely
be interfacing with the City.
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D. Firm Overview
State the full legal name and organizational structure of the firm. Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm’s experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm’s and individual’s experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals’ relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFP. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
17 of 69 23
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation req uirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
Attachments and Other Documents described below
to be Completed
IF MARKED WITH AN “X”:
Check
Completed.
X
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https://network.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
Respondents.
X
Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents EXHIBIT 2
X Respondents Response Form. EXHIBIT 3
X
Signed Professional Services Contract Documents (All – including General
Conditions and Supplementary Conditions, if attached) EXHIBIT 5
X Respondents Qualification Statement
X
List of Proposed Subcontractors and Subconsultants and Principal
Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
18 of 69 24
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and
RESPONDENT selection.
1. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
19 of 69 25
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
20 of 69 26
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4. The following information must be attached to the proposal.
a) RESPONDENT’s home office organization chart.
b) RESPONDENT’s proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
c)
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
21 of 69 27
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
22 of 69 28
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Respondent must list all proposed subcontractors and subconsultant, if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of
Work
Subcontractor/Subconsultant
Name
Address Telephone, Fax &
Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP.
END OF SECTION
23 of 69 29
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
___________________________________________ being first duly sworn, deposes and states that:
(1) He/She/They is/are the ______________________________________________________
(Owner, Partner, Officer, Representative or Agent) of
__________________________________________ the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit, or cost elements of the Pr oposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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
___________________________________
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
24 of 69 30
______________________________________________ and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed it.
WITNESS my hand and official seal. _______________________________________
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE: ______________________________________
(Name of Notary Public: Print, Stamp or type as commissioned.)
____ Personally known to me, or
____ Personal identification:
_________________________
Type of Identification Produced
____ Did take an oath, or
____ Did Not take an oath.
25 of 69 31
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted ve ndor list”.
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
____________________________________________________________________________
[print name of the public entity]
by ____________________________________________________________________________
[print individual’s name and title]
for___________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
___________________________________________________.)
2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresen tation.
3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term “affiliate” includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm’s length agreement, will be a prima facie case that one person controls
26 of 69 32
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate.
5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term “person” includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
_____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
_____ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
_____ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the conv icted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
____________________________________
[Signature]
Sworn to and subscribed before me this __________ day of ___________________________, 20____.
Personally known ________________________ ___________________________________
OR Produced identification _________________ Notary Public – State of ________________
_______________________________________ My commission expires ________________
(Type of identification) (Printed, typed or stamped commissioned
Form PUR 7068 (Rev.06/11/92) name of notary public)
27 of 69 33
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a
drug-free workplace program, a business must:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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 paragraph (1) above.
4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENT’s Signature: ___________________________________
Print Name: _________________________________________
Date: ______________________________________________
28 of 69 34
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
TO THE CITY OF SOUTH MIAMI
We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 – 03 as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if
any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever
two or more responses to a solicitation which are equal with respect to price, quality and service are received by
the State or by any political subdivisions for the procurement of commodities or contractual services, a response to
the solicitation received from a business that certifies that it has implemented a drug-free workplace program will
be given preference in the award process. Established procedures for processing tie responses to solicitations will
be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business must:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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
E-bid a copy of the statement specified in Section (1).
4) In the statement specified in Section (1), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
_____________________________________ ________________________________
Witness
BY: __________________________________
Name
__________________________________
Title
29 of 69 35
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must
certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services,
“CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must
“Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di
scriminatory_complaints_vendor_lists
DECLARATION UNDER PENALTY OF PERJURY
I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts
are true and correct:
(1) I represent the Respondent whose name is ______________________________.
(2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_d i
scriminatory_complaints_vendor_lists
(4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent’s name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
___ Convicted Vendor List
___ Suspended Vendor List
___ Discriminatory Vendor List
___ Federal Excluded Parties List
___ Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By: ___________________________
(Signature of Declarant)
___________________________
(Print name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally
appeared ____________________________________ who is personally know to me or who provided the
following identification ______________ and who took an oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal. ____________________________
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL ____________________________
(Name of Notary Public: Print,
Stamp or type as commissioned.)
30 of 69 36
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
I ______________________________, individually and on behalf of ______________________________
(“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics,
Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
____________________________________________________________________________________
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: _______________________________________________
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
_______________________________________________________________________________
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representatio n of any third party
31 of 69 37
before any board, commission or agency of the City within the past two years other than as
follows:____________________________________________________________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
____________________________________________(if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, t he statement in this section (7)
must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
______________________________________________________________________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons’ immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: ___________________________
Print Name & Title: ______________________________
Date: ________________________
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Sec. 8A-1. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, de partment heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
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pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which tha t
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on o r participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commissio n:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
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(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
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(I) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or emplo yees.
(p) Continuing application after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or emp loyment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
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advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
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PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees. No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this ______ day of ___________________, 20 ___.
___________________________
Signature of Representative
___________________________ ______________________________
Print Name and Title Print name of entity being represented.
END OF SECTION
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NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 – 03 in response to the City’s
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 – 03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year
contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: __________________________________
Shari Kamali
City Manager
Dated this ____ day of ______________, 20____
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by _______________________________
On this the ______ day of ____________________, 20____.
BY: __________________________
TITLE: __________________________
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
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NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
TO: DATE:
PROJECT DESCRIPTION: PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 – 03.
You are hereby notified to commence Work in accordance with the Agreement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 – 03 on or
before ___________. You are to complete the work, within N/A calendar days.
City of South Miami
BY: __________________________
___________________________
(print name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by ______________________________
on this day of , 20____.
BY: ___________________________
TITLE: ___________________________
END OF SECTION
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EXHIBIT 1
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, “Consultants Competitive
Negotiations Act,” is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (1) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(1) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act (“ARPA”)
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
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• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City’s Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and misc. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for misc. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City’s Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
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with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City’s Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City’s Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey’s needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFI’s). reviewing and approving Request for
Change Orders (RCO’s), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY’S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT B.
43 of 69 49
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69 50
EXHIBIT 1
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 - 03
LINKS TO THE CITY’S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOV/DOCUMENTCENTER/VIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South_Miami_LDC.pdf
45 of 69 51
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 - 03
Insurance & Indemnification Requirements
Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
46 of 69 52
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
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Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a “severability of interest” or “cross liability” clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM’s duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as
defined in Article 1 of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
“The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of ‘bodily
injury”, ‘property damage’, or ‘personal and advertising injury’ and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B”;
(2) a policy provision or an endorsement with substantially similar provisions as follows:
“This policy must not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City.”
E. If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
48 of 69 54
issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole,
absolute and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must
apply and this subparagraph must set forth the sole responsibility of the design professional concerning
indemnification. Thus, the design professional’s obligations as to the City and its agencies, as well as to
its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the design professional and other persons employed
or utilized by the design professional in the performance of the contract.
END OF SECTION
49 of 69 55
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 – 03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit 1 Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City’s
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found an d notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, associatio n,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
50 of 69 56
Address:
Telephone:
Facsimile:
Contact Person
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
7. This proposal is submitted by ________________________ whose address is ________________
___________________, whose telephone number is ______________, whose fax number is ____
_____________, whose email address is __________________________ and whose authorized
representative signing this Bid Form is ____________________________ whose title is _________.
8. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms a nd that all of the
information and representations contained herein are true and correct.
Signature: ______________________________ Date of Execution: _______________________
___________________________
[Print signatory’s name]
END OF SECTION
51 of 69 57
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Scoring and Ranking
Phase I - Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(100) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, shall include:
1. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami’s specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member shall rank each Respondent ; #1 (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent B’s total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent B is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
52 of 69 58
Phase II - Oral Presentations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition.
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III – Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City’s needs and meet the requirements for quick response
and specialized services, in accordance with Exhibit 1 “Scope of Services,” the City intends to
retain a maximum of five (5) qualified firms under five (5) separate but similar agreements.
The City Manager shall commence negotiations with the first ranked firm. If those negotiations
are unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations shall
continue until the City Manager has successfully completed negotiations with a maximum of five
firms, each of whom shall execute a contract with the City and be on the City’s roster of
professional consultants. The firms shall not be in competition with each other except for their
qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
Respondent Ranking Order
Rater #1 Rater #2 Rater #3 Rater #4
AVG
RANK
RESPONDENT A 4 2 1 3 2.50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
53 of 69 59
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
THIS AGREEMENT, entered into this ____ day of _____________, 20____, by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the
“CITY” where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMALI@SOUTHMIAMIFL.GOV and ______________________ with an office and principal place
of business located at _________________________, and E-mail address of
___________________ and Facsimile transmission number of __________________ (hereinafter
called the “COSULTANT”.
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY’s goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit 1 to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work”).
RESPONDENT’S BID FORM, attached as “Exhibit 3
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
“Attachment A” to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph 1 above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
Scope of Services, attached as Exhibit 1
CITY’s Insurance & Indemnification Requirements, attached as Exhibit 2
Mandated Federal Agreement Conditions Exhibit 6
Solicitation documents for PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedent over CONSULTANT’s response to the CITY’s
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT’s Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph 1 above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT shall commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the “Work Commencement Date”). In any event, the term shall not exceed five years.
Time is of the essence.
54 of 69 60
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager (“Manager”), assistant Manager, or the Manager’s
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: ___________________ e-mail:
_______________; Fax: ______________ Street Address: ________________________.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as “Exhibit 1.
6) Compensation: The CONSULTANT’s compensation for CONSULTANT’s performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) shall be
as set forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see
Attachment A to Notice of Award}, unless modified in writing signed by the City and
CONSULTANT.
7) Time Provisions: The term of this Agreement shall commence on the Work
Commencement Date and shall continue for Three (3) Years, with One (1) Two (2) Year Option-
to-Renew, for a term not to exceed Five (5) Consecutive Years. The Option to Renew is at
the discretion of the City Manager, unless the Agreement is earlier terminated in accordance with
the Contract Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement
of this Agreement. Venue for all proceedings involving or arising out of this Agreement shall be in Miami-
Dade County, Florida.
10) Duties and Responsibilities: CONSULTANT shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and shall commit no trespass on any private property in performing any of the work embraced
by this Agreement. Each and every provision and/or clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though
such provisions and/or clauses were included herein.
11) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents. In the
event that any of the contract documents provide for indemnification, nothing contained
therein shall imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or
effect.
14) Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
55 of 69 61
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.0701) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice shall be required or permitted herein, it shall be delivered by
hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with
return receipt requested, and shall be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
With copies by U.S. mail to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
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E-mail: tpepe@southmiamifl.gov
To CONTRACTOR: ________________________
________________________
________________________
________________________
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized corporate officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR shall comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR’s responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT shall comply with the Drug Free Workplace
policy set forth in the City of South Miami’s Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement shall be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT or its assignee of such occurrence,
shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT’s prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT shall immediately extend the
same prices to City.
24) Anti-Discrimination. CONSULTANT must comply with all anti-discrimination
ordinances of the City and Miami-Dade County and all laws of the state of Florida and of the United
States.
27) E-VERIFY. As a condition precedent to entering into this Agreement, and in
compliance with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants
must register with and use the E-Verify system to verify work authorization status of all employees
hired after January 1, 2021. The CONSULTANT and all subcontractors and subconsultants must
comply with and be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
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employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor’s and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (1) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
CONSULTANT: _____________________________
Witnessed:
By: _____________________________ By: ___________________________________
__________________________
[print name and title of signatory]
ATTESTED: CITY OF SOUTH MIAMI
By: __________________________ By: ________________________
Nkenga Payne Shari Kamali
City Clerk City Manager
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: __________________________
City Attorney
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EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement shall be partially funded
using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Consultant shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, without limitation:
i.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii.Interim Final Rule, attached hereto as Exhibit “D”;
iii.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recover y Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit “E”;
iv.Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit “F”;
v.Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit “G”;
vi.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit “H.”
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit “F,” to the U.S. Department of the Treasury. Towards that end, Consultant shall
ensure that performance of work in connection with this Agreement follows the
certifications contained in Exhibit F, and shall also adhere to the following provisions:
(1) The Consultant and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
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(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Consultant
shall undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
C. Americans with Disabilities Act Requirements. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination
against individuals on the basis of discrimination under any program or ac tivity under this
Agreement. D. Age Discrimination Act of 1975. Consultant shall comply with the
requirements of 42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing
regulations (31 CFR Part 23), which prohibits the discrimination on the basis of age in
programs or activities under this Agreement.
E. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of
the Immigration and Nationality Act (“INA”)].
G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant shall
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adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant shall adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant shall obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury.”
J. Reporting Conflict of Interests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other guidelines provided in connection with the American Rescue
Plan Act, Consultant shall be subject to the federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including,
but not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(1) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
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employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
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B. Contract Work Hours and Safety Standards Act Compliance. During the performance of this
Agreement, the Consultant shall comply with the provisions of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows:
(1)Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek u nless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the Consultant and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and
subcontractor shall be liable to the United States, for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City shall upon its own action
or upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
C. Clean Air Act Compliance. During the performance of this Agreement, the Consultant shall
comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and
specifically agrees as follows:
(1) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
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D. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the
Consultant shall comply with the provisions of Federal Water Pollution Control Act (33 U.S.C.
§ 1251 et seq., as amended) and specifically agrees as follows:
(1) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspension and Debarment Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
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(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant shall attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the performance of this
Agreement, the Consultant and its subcontractors shall comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(1) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The Consultant shall require that this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all such sub-recipients shall certify and disclose
accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.S.C. 1352). Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
G. Copeland “Anti-Kickback” Act. During the performance of this Agreement, the Consultant and
its subcontractors shall comply with the provisions of the Copeland “Anti-Kickback” Act as
follows:
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(1) The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. part 3 as may be applicable, which are incorporated by reference into this
Agreement.
(2) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the federal government may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H. Procurement of Recovered Materials. Consultant shall comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant shall make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (1)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
I. Domestic Preferences for Procurements. To the greatest extent practicable, Consultant and
its subcontractors shall provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
“Domestic preferences for procurements.”
J.2 CFR Subpart F – Audit Requirements. Consultant shall assist the City in complying with the
audit requirements under 2 CFR Subpart F – Audit Requirements (“Federal Audit
Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Interim Final Rule, as amended, and other guidelines issued in connection with the
American Rescue Plan Act.
(1) Consultant shall assist the City in complying with the Federal Audit Provisions by providing
the City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work (“Documentation”) necessary to complete federal audits. Consultant
shall promptly assist the City in the event Documentation must be supplemented to address
audit findings or other federal inquiries.
(2) Consultant shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Consultant shall provide the City with all Documentation for each
fiscal year by October 1 of each year or within five days of the completion of the Work,
whichever occurs first. Consultant shall assist the City in complying with additional guidance
and instructions issued by the U.S. Department of the Treasury governing the reporting
requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal
Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
66 of 69 72
required by the Consultant shall be addressed to the names and addresses listed on the
signature page of this Addendum or such other address as the party may have designated by
proper notice from time to time.
END OF SECTION
67 of 69 73
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 - 03
The following procedures will be used for resolution of protested solicitations and awards. The word
“bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be
aggrieved in connection with any formal solicitation or who intends to contest or object to any
bid specifications or any bid solicitation shall file a written notice of intent to file a protest with
the City Clerk’s office within three calendar days prior to the date set for opening of bids. A
notice of intent to file a protest is considered filed when received by the City Clerk’s office by
e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the
date and time of receipt of a notice of intent to file a protest. Any actual responsive and
responsible bidder who perceives itself to be aggrieved in connection with the recommended
award of a contract and who wishes to protest the award, shall file a written notice of intent to
file a protest with the City Clerk’s office within three calendar days after the City Commission
meeting at which the recommendation is considered for action. A notice of intent to file a
protest is considered filed when received by the City Clerk’s office by e-mail or, if hand
delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of
receipt.
ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest
Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the
filing of the notice of intent to file a protest. The Protest Letter is considered filed when the
Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s
office. In order for the Protest Letter and filing fee to be considered timely delivered by hand
delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a
copy of the Protest Letter and the date stamp must also appear on a copy of the check issued
for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the
Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the
Protest Letter by email, the Protest Letter shall not be considered to be timely received until
and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment
is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a
copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon
which the protest is based, it shall describe and attach all pertinent documents and evidence
relevant and material to the protest and it shall be accompanied by any required filing. The basis
for review of the protest shall be the documents and other evidence described in and attached
to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically
described in and attached to the Protest Letter at the time of its filing shall be permitted or
considered in support of the protest.
iii. Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal
holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or
legal holiday.
68 of 69 74
iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria
or any formula used for assigning points in making an award determination, nor shall it challenge
the City’s determination of what is in the City’s best interest which is one of the criteria for
selecting a bidder whose offer may not be the lowest bid price.
v. Authority to resolve protests. The Purchasing Manager, after consultation with the City
Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid
Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the
protesting party. The City Manager may then, submit a recommendation to the City
Commission for approval or disapproval of the protest, resolve the protest without submission
to the City Commission, or reject all proposals.
vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter
filed pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award or execution of the contract until the protest is resolved by the
City Manager or the City Commission as provided in subsection (e) above, unless the City
Manager makes a written determination that the solicitation process or the contract award
must be continued without delay in order to avoid potential harm to the health, safety, or
welfare of the public or to protect substantial interests of the City or to prevent youth athletic
teams from effectively missing a playing season.
END OF DOCUMENT
69 of 69 75
Tabulation Sheet
Agency Name City of South Miami
Bid Number RFQ-RFQ #PW2022 - 03-0-2022/SK
Bid Name PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
Bid Due Date 02/08/2022 10:00:00 Eastern
Bid Opening Closed
21 responses found.online, offline, not submitting, not received
Company Responded Address Bid Amount Alt Bid Amount Declared
Attributes Documents Sent
Complete
1 .
300
Engineering
Group, P.A.
02/07/2022
22:54:42
Eastern
2222 Ponce de Leon Blvd,
Suite 300, Miami, FL, 33134 $0.0000 0.0000 Bidding Document
2 .
A.D.A.
Engineering,
Inc.
02/08/2022
09:56:46
Eastern
8550 NW 33rd Street, Suite 202,
Miami, FL, 33122 $0.0000 0.0000
Hispanic
Owned,
Small
Business,
Woman
Owned
Bidding Document
3 .
Anillo
Toledo
Lopez LLC
02/08/2022
09:22:49
Eastern
3191 CORAL WAY ,
SUITE 400, Miami, FL, 33145 $0.0000 0.0000 Bidding Document
4 .
BEA
Architects,
Inc.
02/08/2022
09:14:50
Eastern
3075 NW South River Drive,
Miami, FL, 33142 $0.0000 0.0000
Hispanic
Owned,
Woman
Owned
Bidding Document
5 .
Calvin,
Giordano &
Associates,
Inc.
02/07/2022
18:26:07
Eastern
1800 Eller Drive,
Suite 600, Fort Lauderdale, FL, 33316 $1.0000 0.0000 Bidding Document
6 .
CES
Consultants,
Inc.
02/08/2022
09:00:36
Eastern
880 SW 145TH AVENUE, #106,
PEMBROKE PINES, FL, 33027 $0.0000 0.0000
Hispanic
Owned,
Small
Business
Bidding Document
7 .CSA
Central, Inc.
02/08/2022
09:40:29
Eastern
8200 NW 41st Street,
Suite 318, Doral, FL, 33166 $0.0000 0.0000 Bidding Document
8 .
EXP US
Services
Inc.
02/08/2022
09:43:03
Eastern
201 Alhambra Circle,
Suite 800, Miami, FL, 33134 $0.0000 0.0000 Bidding Document
9 .
HW
Lochner,
Inc.
02/08/2022
09:57:52
Eastern
8750 NW 36th Street,
Suite 360, Miami, FL, 33178 $0.0000 0.0000 Bidding Document
10 .
Kimley-Horn
and
Associates,
Inc.
02/08/2022
09:47:27
Eastern
355 Alhambra Circle,
Suite 1400, Coral Gables, FL, 33134 $0.0000 0.0000 Bidding Document
11 .Kittelson
02/08/2022
09:39:44
Eastern
225 East Robinson Street, Suite 355,
Orlando, FL, 32801 $0.0000 0.0000 Bidding Document
12 .M&J
Engineering
02/08/2022
09:37:52
Eastern
9350 South Dixie Highway, Suite 1440,
Miami, FL, 33156 $0.0000 0.0000 Bidding Document
13 .
M. Hajjar &
Associates,
Inc.
02/07/2022
15:27:16
Eastern
247 Malaga Ave,
Coral Gables, FL, 33134 $0.0000 0.0000 Bidding Document
14 .
M.C. Harry
&
Associates,
Inc.
02/04/2022
09:21:35
Eastern
2780 SW Douglas Road Ste.302,
Miami, FL, 33134 $0.0000 0.0000 Bidding Document
15 .
Marlin
Engineering,
Inc.
02/07/2022
18:00:05
Eastern
6840 NW 77th Court,
Miami, FL, 33166 $0.0000 0.0000 Hispanic
Owned Bidding Document
16 .
Metric
Engineering,
Inc.
02/08/2022
09:51:20
Eastern
13940 SW 136th Street,
Miami, FL, 33186 $0.0000 0.0000 Hispanic
Owned Bidding Document
17 .
R.E.
Chisholm
Architects.
Inc.
02/08/2022
09:57:59
Eastern
782 Nw 42nd Ave Suite 650,
Miami, FL, 33126 $0.0000 0.0000 Hispanic
Owned Bidding Document
18 .Rodriguez 02/08/2022 2121 Ponce de Leon Blvd.,$0.0000 0.0000 Hispanic 76
Architects,
Inc.
09:17:57
Eastern Suite 1010, Coral Gables, FL, 33134
Owned,
Small
Business,
Woman
Owned
Bidding Document
19 .
SRS
Engineering,
Inc.
02/08/2022
09:58:05
Eastern
5001 SW 74TH CT,
STE 201, Miami, FL, 33155 $0.0000 0.0000
Hispanic
Owned,
Small
Business
Bidding Document
20 .
Stantec
Consulting
Services,
Inc.
02/08/2022
08:50:52
Eastern
901 Ponce de Leon Blvd., Suite 900,
Coral Gables, FL, 33134 $0.0000 0.0000 Bidding Document
21 .
The
Corradino
Group, Inc.
02/08/2022
06:20:50
Eastern
4055 NW 97th Avenue,
200, Miami, FL, 33178 $0.0000 0.0000 Bidding Document
77
I
I
I
I
1 of 20 78
i South 'Miami Evaluation
Scoring Sheet
Procurement Division
6130 Sunset Drive
South Miami, Florida 33143
(305) 663-6339
www.s ou t hmi am ifl.gov
RFQ Title: PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SVCS
RFQ No.: PW2022-03
DIRECTIONS : Please score each firm, for each specific criteria provided . Sco rin g is base d on ea.c h cri teria li st e d be low with
a max imum sc o re for each crit e ri a. Th e t o ta l sco re fo r eac h proposer is calcul ated by add in g each criteria for a total score
by prop oser. The maximum score total score for eac h ~ro~o se r is I 00 ~
Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total
score for each Respondent; # I (Highest Total Score), #2 (Next Highest Score), and so on . The rankings for each
Respondent by each Selection Committee Member (Rater) are added and totaled . The total is divided by the number of
Raters . The Lowest Average Rank Score will be recommended for the award.
300 ENG ANILLO CALVIN
Criteria TOLEDO SEA GIORDANO GROPU ADA ENG . LOPEZ
Qualifications, competency,
and technical expertise of
the firm to penorm the
I. services to municipalities in 30 '?:>1 ')'1"2-30 !>7 accordance with the Scope
of Services: v
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
16 2. assigned to this project, '2---, 121-'lfb and experience and J2(P
qualifications of
subcontractors.
Maximum Points: 30 --
Related Projects/Past
Experience: G' b 3. Maximum Points: 10 I /0 ~ It)
Page 1 of 6
2 of 20 79
Technical Approach:
a) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications. }~ 17 ,1 4. b) Technical approach in I~ lr the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
rt
Criteria CES CORRADANO CSA EXPUS HW
GR P CEN'T RAl SVC LOCHN ER
Qualifications, competency,
and technical expertise of
the firm to perform the
I. services to mun icipalities in 6 37 -;<0 3~ ~(p accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be I 'l q 2. assigned to this project, ~l 2(P ~(p 1ll~
and experience and "
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: q (D lO 3. Maximum Points: 10 ltD to
Page 2 of 6
3 of 20 80
4 .
I.
2.
3.
Technical Approach:
c) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifica tions.
d) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
Rank
Criteria
Qualifications, competency,
and technical expertise of
the firm to perform the
services to municipalities in
accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience:
Maximum Points: 10
JB
a~
5 __ L-_____ ~ ____ ~
KIMLEY KITTLESON HORN
z,e> 37
/
27 ice>
/0 Cl
Page 3 of 6
II
M. HAJJAR MC HARRY
?h ,,-3-3
#2" '2.'L-
B g,
It;,
OC;j
[I) (
8
MARLIN
ENG
62;
L~
/0
--
4 of 20 81
Technical Approach:
e) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
/'b IltIJ /( 4. f) Technical approach in Jt 1& the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
Rank
Criteria METRIC It.E. RODRIGUEZ SRS
ENG MJ ENG. CHISHOLM ARCHITECTS
,
~
Qualifications, competency,
and technical expertise of
the firm to perform the ~1 37 '62.. I. services to municipalities in 20 3<1 accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
1..1 "1 l~ l~ 2. assigned to this project, ·to and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience:
t:r \6 1 ,to ,0 3. Maximum Points: 10
Page 4 of 6
5 of 20 82
Technical Approach :
g) Experience of the
Respondent in previous
projects of similar size
and scope of the City ;tg of South Miami's If!; 10 specifications. "' ~ 4 . h) Technical approach in I Itt the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
Rank If)
Cr-iteria STANTEC
Qualifi cations, competency.
and technical expertise of
the firm to perform th e -3q I. se rvices to municipali t ies in
ac cordance with the Scop e
of Services :
Maximum Points: 40
Relevant experience and
qualifications of key
personnel. including key
personnel of
subcontractors. that will be 'l'S 2. assigned to this project.
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: /0 3. Maximum Points: 10
Page 5 of 6
6 of 20 83
Technical Approach:
i) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
4 . j) Technical approach in ;6 the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score: f
Rank
Reviewed by: Date:
I (Print Name) , (Signature)
Page 6 of 6
7 of 20 84
THE CITY OF PLEASANT LIVING
Evaluation
Scoring Sheet
Procurement Division
6130 Sunset Drive
South Miami, Florida 33143
(305) 663-6339
www.southmiamifl.gQY
RFQ Title: PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SVCS
RFQ No.: PW2022-03
DIRECTIONS: Please score each firm, for each specific criteria provided. Scorin g is based on each criteria listed below with
a maximum score for each criteria. The total score for each RroJ;>oser is calculated by adding each crit eria for a total score
by J;>roRoser . The maximum score total score for each proposer is 100 points.
Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total
score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each
Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of
Raters. The Lowest Average Rank Score will be recommended for the award.
300 ENG ANILL0 CALVIN
Criteria GROPU ADA ENG. T0LEOO SEA G1ORDANO
L0PEZ
Qualifications, competency,
and technical expertise of
the firm to perform the
I. services to municipalities in
accordance with the Scope
35 of Services: 35 2/J 30 30 Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
2. assigned to this project,
and experience and 20 SO qualifications of 9 20 subcontractors. ~5 2() ~
Maximum Points: 30
Related Projects/Past
Experience: 5 1 0 , 3. Maximum Points: 10 S \) .J""
Page 1 of 6
8 of 20 85
Technical Approach:
a) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
4 . b) Technical approach in
the Respondent to
. mobilize and perform 15 the many aspects of 15 /0 the design work.
Maximum Points: 20 5 /)
Total Score:
Rank
C;:llit~ria: CES CORRADAN0 CSA EXPUS HW
t RP CENTRAL SVC LOCHNER
f' . .J. )
~
Qualifications, competency, -'?~
and technical expertise of C...
~-,
the firm to perform the
--,
I. services to municipalities in
accordance with the Scope
~ of Services: 4/\ 25.·_ ~S 3fJ Maximum Points: 40 \,.,
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
2. assigned to this project, 2S-and experience and
qualifications of <0 subcontractors. 25 2s 2") Maximum Points: 30
Related Projects/Past
Experience: S /0 3. Maximum Points: 10 S /0 5
Page 2 of 6
9 of 20 86
4 .
I.
2.
3.
Technical Approach:
c) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
d) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
Rank
Criteria
Qualifications, competency,
and technical expertise of
the firm to perform the
services to municipalities in
accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience:
Maximum Points: 10
15' I
KIMLEY
HORN
3S
a'
J(]
90
KITTLESON
3s
:25
/0
Page 3 of 6
QC
M.IfIAJJAR Me HARRY MARLIN
ENG
:20 l.JU ~~6
~/d'-Js Z0
~ S 5
10 of 20 87
Technical Approach:
e) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
4 . f) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
IS the design work. IS /0
Maximum Points: 20 /0 I(!J
Total Score: I:
Rank
Crite..,ia METRIC R.E. RODRIGUEZ SRS
ENG MJ ENG. CHISHOLM ARC~ITEC"FS
Qualifications, competency,
and technical expertise of
the firm to perform the
I. services to municipalities in
accordance with the Scope
of Services:
Maximum Points: 40 35 35 f)U LS 35
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
2. assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30 36 2S 15 tiw 3:)
Related Projects/Past
Experience:
3 . Maximum Points: 10 5 10 /0 5 s
Page 4 of 6
11 of 20 88
4.
I.
2 .
3 .
Technical Approach:
g) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
h) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
LO
Total Score: "-
Rank
c:;r'~"" STA-NTEC
Qualifications, competency,
and technical expertise of
the firm to perform the
services to municipalities in
accordance with the Scope
of Services:
Maximum Points: 40 3Jr
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be
assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30 {}S
Related Projects/Past
Experience:
Maximum Points: 10 IG
80
Page 5 of 6
12 of 20 89
4 .
Technical Approach :
i) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications.
j) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
Rank
Reviewed by:
f ct'5
J-qa
~ ~5
L{ ~O
5 75
(, 7()
-q ft,S"
~ &0
9 S~
I J 50
(/ '15
Page 6 of 6
13 of 20 90
THE CITY OF PLEASANT LIVING
Evaluation
Scoring Sheet
Procurement Division
6130 Sunset Drive
South Miami, Florida 33143
(305) 663-6339
www.southmiam ifl .gov
RFQ Title: PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SVCS
RFQ No.: PW2022-03
DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with
a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score
by proposer. The maximum score total score for each proposer is 100 points.
Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total
score for each Respondent; # I (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each
Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of
Raters. The Lowest Average Rank Score will be recommended for the award.
300 ENG ANILLO CALVIN
Criteria GROPU ADA ENG. TOLEDO BEA GIORDANO
LOPEZ
Qualifications, competency,
and technical expertise of
the firm to perform the
'L1 11 J~ I. services to municipalities in 1~ i5 accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be IS 1b 2, '1 3 5~ 2. assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: ,0 ~ S-V \0 3. Maximum Points: 10
Page 1 of 6
14 of 20 91
Technical Approach:
a) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications. '10 \b \ 5 \ 5
4. b) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score: 1\ 11
Rank \\ \ , \ \ 4
Criteria CES CORRADANO CSA EXPUS HW
GRP CENTRAL SVC LOCHNER
Qualifications, competency,
and technical expertise of
the firm to perform the
~% I. services to municipalities in O~ 21 :)5 27 accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be jQ 13 14 11 L~ 2. assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: q '1 ~ 3, Maximum Points: 10 \D lD
Page 2 of 6
15 of 20 92
Technical Approach :
c) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications. ~ 10 \5 \~ 10 4 . d) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score: I , 11 lo
Rank 1
Criteria KIHLEY KITTLESON M.HAJJAR HCHARRY MARLIN
HORN ENG
Qualifications, competency,
and technical expertise of
the firm to perform the
I. services to municipalities in ~\j lq 'Lq ~3 2JO accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
subcontractors, that will be IS 1~ 1) 1) 1S 2. assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past q Experience: \~ 5 ·1 ~ 3. Maximum Points: 10
Page 3 of 6
16 of 20 93
Technical Approach:
e) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications . lG \S 4. f) Technical approach in \5 t{) \1
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score: 11 '05
RanI< 9 I
Criteria METRIC MJENG. R.E. RODRIGUEZ SRS ,. ENG CHISHOLM ARCHITECTS
Qualifications, competency,
and technical expertise of
the firm to perform the
I. services to municipalities in bG ~\) 1q 21 3~ accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
25 subcontractors, that will be 2lD 11-1'0 2~ 2. assigned to this project,
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: ~ 3. Maximum Points: 10 \0 ~ LQ q
Page 4 of 6
17 of 20 94
Technical Approach:
g) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami 's
specifications. ~~ IS \5 4. h) Technical approach in 20 \~ the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score: 1\
Rank 1 \\
Criteria STANTEC
Qualifications, competency,
and technical expertise of
the firm to perform the
~~ I. services to municipalities in
accordance with the Scope
of Services:
Maximum Points: 40
Relevant experience and
qualifications of key
personnel, including key
personnel of
2.
subcontractors, that will be
assigned to this project, 1~
and experience and
qualifications of
subcontractors.
Maximum Points: 30
Related Projects/Past
Experience: q 3. Maximum Points: 10
Page 5 of 6
18 of 20 95
Technical Approach:
i) Experience of the
Respondent in previous
projects of similar size
and scope of the City
of South Miami's
specifications . \~ 4 . j) Technical approach in
the Respondent to
mobilize and perform
the many aspects of
the design work.
Maximum Points: 20
Total Score:
RanI<
Reviewed by: Date: 03/0 9 )2-"2 Of/~YlJI'Y1 /?V;h ~~
(Print Name) (Signature)
Page 6 of 6
BIDDER Q. POUGH J.TOMPKINS A. CARMENATES TOTAL SCORES
SRS
ENGINEERING 93 95 97 285
STANTEC 93 90 95 278
EXP US SVCS 88 90 96 274
CALVIN
GIORDANO 86 90 94 270
KIMLEY HORN 85 90 92 267
CORRADINO
GROUP 85 90 90 265
METRIC ENG 80 95 90 265
MJ ENG 86 80 92 258
CES
CONSULTANTS 86 75 92 253
300 ENG
GROUP 84 80 86 250
KITTLESON 72 85 92 249
HW LOCHNER 71 80 89 240
MARLIN ENG 80 65 92 237
ADA ENG 71 70 91 232
CSA CENTRAL 73 60 89 222
M.C. HARRY &
ASSOC 85 50 79 214
BEA
ARCHITECTS 71 60 76 207
M. HAJJAR &
ASSOC 76 45 84 205
ANILLO TOLEDO
LOPEZ 68 65 68 201
R.E. CHISHOLM 72 45 66 183
RODRIGUEZ
ARCHITECTS 71 55 56 182
EVALUATION SCORES RFP PW2022-03
19 of 20 96
BIDDER Q. POUGH J. TOMPKINS
A.
CARMENATES AVG RANK
SRS
ENGINEERING 1 1 1 1.00
EXP US SVCS 3 2 2 2.33
STANTEC 2 2 3 2.33
CALVIN
GIORDANO 4 2 4 3.33
MJ ENG 3 4 5 4.00
KIMLEY HORN 6 2 5 4.33
CES
CONSULTANTS 4 5 5 4.67
METRIC ENG 7 1 7 5.00
CORRADINO
GROUP 7 2 7 5.33
KITTLESON 9 3 5 5.67
300 ENG
GROUP 5 4 9 6.00
MARLIN ENG 7 7 5 6.33
ADA ENG 11 6 6 7.67
HW LOCHNER 11 4 8 7.67
CSA CENTRAL 9 8 8 8.33
M.C. HARRY &
ASSOC 6 10 11 9.00
M. HAJJAR &
ASSOC 9 11 10 10.00
ANILLO TOLEDO
LOPEZ 11 7 13 10.33
BEA
ARCHITECTS 11 8 12 10.33
RODRIGUEZ
ARCHITECTS 11 9 15 11.67
R.E. CHISHOLM 11 11 14 12.00
Respondent Ranking Order
20 of 20 97
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May. 2022. by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALI@SOUTHMJAMIFL.GOV
and SRS ENGINEERING. INC., with an office and principal place of business located at 500 I SW
74TH Court. Suite 201. Miami. FL 33155 and E-mail address of ignacio@srs-corp .com Facsimile
transmission number of 305/662-8858 (hereinafter called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the reqUired services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the reqUired services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the periormance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: Ignacio Serralta. P .E. e-mail :; of
ignacio@s r s-corp.com Fax: 3051662-8858 Street Address: 500 I SW 74TH Court. Suite 20. Miami.
FL 33155.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANTs compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I) Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida .
10) Duties and Responsibilities: CONSU L T ANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein .
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding reqUirements set forth in the Contract Documents . In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute.
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements. written or oral. The
Contract Documents may not be modified or amended except in writing. signed by both parties hereto
and if this Agreement is required to be approved by the City Commission. all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents. in general. and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right. power or privilege operate as a waiver. No waiver of the Contract
Documents. in whole or part. including the provisions of this paragraph. may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records , provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perfonn the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract. the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency. upon request from the public agency's custodian of
public records. in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
I 7) Notices. Whenever notice is required or permitted herein. it must be delivered by hand
delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mail. with return
receipt requested. and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or. if by certified mail. the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City. a copy must be
stamped with the official City receipt stamp shOWing the date of deliver; otherwise. the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S . mail to:
To CONTRACTOR:
City Manager,
61 30 Sunset Dr.
South Miami , FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-mai l: tpepe@southmiamifl .gov
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsuttants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSU L T ANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(1) CONSU LTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
Wlt~~:s ~~
alph ereda
ATTESTED: ~ By:0 ~ f Nke ~ PaYneQ\
City Clerk
CONSULTANT: SRS Engineering, Inc .
By: d ,~~
Igna Citserratta:PreSident
[print name and title of signatory]
CITY OF SOUTH MIAMI
BY:~~\(~'
Shari Kamali
City Manager
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33 143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included In chis Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if reqUired by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the follOWing Addenda, if any
(receipt of all which is hereby acknowledged.)
Please see follOWing page after this form that states all received addendums.
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, etTOrs or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genUine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
50 of 69
Address: ~m mth~ourtmuite ~ iami~~
Telephone:
Facsimile:
Contact Person ~nacio ~rralta®P.E.
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents. unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
7 D(J)~Q&r?pOS~1 is submitted by (8l8I ~ Enginee ri ngr8I~h c. whose address is ~ Ii@ mth ~ our@
~ lan1J~ ~. whose telephone number is !XlXJXl>l)i(])( • whose fax number is __
IXIX!XI>OOXIXI), whose email address is ignacio[XJ srslXCorp co m and whose a~thorized
representative Signing this Bid Form is ~nacio ~erra1ta~.E. whose title is PresIdent.
8. By submitting this proposal, I, for myself and on behalf of the business that I represent. hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing. including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced In this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: e:fI::.~ ~ '--
Ign c,ra;:;E.
Date of Execution: ---IlXIXDOOXDOOXIXJ=QOIi~",,*,""'-____ _
[Print signatory's name]
END OF SECTION
51 of 69
SRS Engineering, Inc. acknowledges receipt of the following Addendum(s) issued by the City of South Miam i.
Addendum No .1
Addendum No .2
Addendum No .3
Date January 07, 2022
Date January 20 ,2022
Date January 26, 2022
'---------B
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services , as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for qUick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years .
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the follOWing:
41 of 69
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations . It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and misc. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for misc. structures, retaining wall, culverts, building
structures, as needed including foundation designs .
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
42 of 69
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
char'acteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings.
responding to Request for Information (RFI's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
43 of 69
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in a" related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
we" as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOV/DOCUMENTCENTER/V'EW/3832/C
OMPREHENSIVE-PLAN-D'A-GOPS-F'NAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
45 of 69
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion . The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
F irm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liabilit y insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles .
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification reqUirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable .
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a bUilding that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/ sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable .
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating
GUide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
€; If the FIRM is providing professional services, such as would be prOVided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D . FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractorlsub-contractorlsub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld .
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses , and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using '
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and gUidelines) required by the American Rescue Plan Act, including,
without limitation:
-i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U .S.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F .R. § 206.11 , and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americ ans with Dis abilities Act Re quireme nt s. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.s.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications . Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Dis cri m in atio n Act of 1975. Consultant comply with the requirements
of 42 U .S.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protecti ons for W histleblow ers.
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds , an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Oppo rtunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed , and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment. upgrading. demotion. or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d . selection for training. including apprenticeship
The Consultant agrees to post in conspicuous places. available to employees
and applicants for employment. notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will. in all solicitations or advertisements for employees placed by or
on behalf of the Consultant. state that all qualified applicants will receive consideration for
employment without regard to race. color. religion. sex. sexual orientation. gender
identity. or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about. discussed. or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information. unless such disclosure is in response to a formal complaint or charge. in
furtherance of an investigation. proceeding. hearing. or action. including an investigation
conducted by the employer. or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules. regulations, and orders of the Secretary of
Labor. or pursuant thereto. and will permit access to his books, records. and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules. regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules. regulations, or orders. this contract may be
canceled. terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965. and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24. 1965, or by rule, regulation. or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Contract Work Hours and Safety St andards Act Compliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I ) Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liqUidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withholding for unpaid wages and liqUidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C Clean Air Act Compliance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will , in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Fed era l Wa ter Poll uti on Con trol Act Co mpli an ce . During the performance ofthis Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.C §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et seq .
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Susp en sion and De barment Co mpli anc e. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689 . Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is reqUired to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180 .940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into .
(3) Th is certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 C.F .R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F .R. pt. 180 , subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred , suspended, proposed for debarment, declared ineligible , or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of o r had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal. State or Local) term inated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobb ying Amendment (31 U.s.c. § 13 52. as am end ed). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing o r attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension , continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans , and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into . Submission of this certification is a prer equisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.S.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure .
G. Co peland "Anti-Kickback" Act . During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows :
(I) The Consultant comply with 18 U.s.c. § 874, 40 U.s.c. § 3145, and the requirements of 29
C.F .R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H. Procuremen t of Recovered Materials . Consultant comply with the provisions of 2 C.F.R.323 ,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the pr9duct cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/comprehensiveprocurement-guideline-cpg-pr ogram .
I. Do me st ic Pre ferences fo r Procu reme nts. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the Un ited States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit Requireme nts. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended , and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first . Consultant assist the City in complying with additional guidance and instructions
issued by the U.S . Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds .
12. Not ices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
Sout~iami
THE CITY OF PI EASANT LIVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8,2022 at 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifi.gov/ which is the City of South Miami's web address
for solicitation information . Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation .
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https:llnetwork.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on February 8, 2022 and any Proposal received by the City through DemandStar after 10 :00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https:llzoom.us/j!3056636339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID: 3056636339 .
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at https:llzoom.us/jl30S6636339 ,or listen to the meeting on a dedicated phone line by dialing
+ 1-786-635-1 003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to htlps:llnetwork.demandstar.coml which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please dick here to create your account and
get notified of bidding opportunities.
Create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
":<-DEMANDSTAR far BusJnes.s For Govemmen1 I \t ''''' J ~ u.
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I I
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisementl Distribution of Solicitation & Cone of Silence
begins
NON-MANDATORY PRE-BID MEETING
The Procurement Division will conduct the NON-
MANDATORY PRE-BID MEETING th rough video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at https:/IzoQm .us!j13056636339
,o r listen to the meeting on a dedicated phone line by dialing + 1-
786-635 -1003 Meeting ID : 3056636339 .
Deadline to Submit Questions
Deadline to City Responses to Questions
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
httlLs:llnetwork.demandstar.coml
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:llzoom.uslj/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1003 Meeting
ID : 3056636339.
Projected Announcement of selected Contractor/Cone of
Silence ends
END OF SECTION
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm . Response submittals to this Solicitation will be considered from firms nor mally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment, and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms,
and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted , or
investigation and evaluation , indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation . The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm , by virtue of submitting a response, agrees that C ity's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply , unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exh ibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Prqposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission , if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or w illful inattention on the part of the firm ;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal ; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation.
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (30S) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given . Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail, or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section 8A-l, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission . The Cone of Silence
ordinance, Section 8A-l, has been duplicated at the end of these instructions.
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying informatio n.
13 . Lobbying. "Lobbyist" means all persons (includ ing offic ers and managers of a legal entity), firms , or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision-making process on such action , decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying ;
however, the presentation team may avoid formal registration by complying with section 8A-S (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section 8A-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result ofthis Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sole discretion, to do any of the folloWing :
a) to reject any and all submitted Responses and to further define or limit the scope of the award .
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable .
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal ,
agrees to such modifications and to be bound by such modified documents .
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
j) to award the Project, and execute a contract w ith a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15 . Contingent Fees Prohibited. The proposing firm , by submitting a proposal , warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee , contractor or sub-
contractor/sub-consultant, working in its employ, any fee , commission, percentage, gift o r other consideration
contingent upon or resulting from the award or making of a contract with the City.
16. Public Entity Crimes . A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not subm it an E-bid , proposal, or reply on a contract to pr ovide any
goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public
e ntity for the construction or repair of a public bu ilding or public work; may not submit E-bids, proposals , or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, o r consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list .
17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink; all quotations must be typewr itten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal must be delivered on o r befor e the date and t ime, and at the place and in s uch manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected . Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed .
d) ProposallE-bid Bond, (Bond or cashier's check), if required , attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
1) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: .
a) Brand Names : If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation , whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals .
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a
discrepancy, the City reserves the right to make the final dete r minat ion at the lowest net cost to the
City.
c) Mistake: In the event that unit price s are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended pr ice(s), the unit price(s ) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so
will be at the Respondent's r isk , and err ors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required , must be furn ished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Pr oposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines .
f) Governmental Restrictions : In the eve nt any governmental restrictions may be imposed wh ich would
necessitate alteration of the material quality, workmanship, or performance of the items offered on this
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation wh ich required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form . Incomplete, unresponsive, irresponsible, vague , or ambiguous
responses to the Solicitation will be cause for rejection , as determined by the City.
h) Safety Standar ds : The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D .S) when
applicable .
19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation , and expense of
obtaining all necessary licenses , permits, and inspections required by this Solicitation and as required by law . The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requ irement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Flor ida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as pa r t of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfe iture of the ProposallE-bid Bond , if required for
this Project.
20. Respondent must comply w ith the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision , the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance reqU irements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action . The Respondent, by submitting a Proposal , thereby agrees to hold the City harmless
and agrees to indemn ify the City and covenants not to sue the City by virtue of such rescission .
21 . Copyrights and/or Patent Rights : Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pu r suant to this Proposal, t here has not been, nor
will the r e be, any infringement of copyrights or patent r ights . The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package . The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal , Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Sol icitation package . The
Respondent agrees that Respondent's signature on the E-bid Fo r m and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted , into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted , as well as for any and all purposes, including the enforcement of all of the terms and conditions
ofthe contract.
23 . Evaluation of Proposals: The City, at its sole discretion , reserves the r ight to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materials , references , and past history of service to the City and/or w ith other un its of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24 . Drug Free Workplace: Failure to pr ovide proof of compliance with Florida Statute Section 287.087, as amended ,
when requested will be cause for rejection of the Proposal as determined by the City.
25 . Hold Harmless : A Respondent who submits a proposal in response to this solicitation does so w ith the
understanding and agreement to indemn ify and hold harmless , to the fullest extent permitted by law , the City
and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages , interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements~
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion . The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs , or expenses associated with the litigation, the Proposal/Bid Bond , if required for this project, will
be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond : The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alter"nates if any, naming the City of South Miami , and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida.
29 .1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29 .2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
29.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
29 .5. Pursuant to the requirements of Section 255 .05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that prOVide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required . The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will , at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liqUidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond .
31 . Pre-proposal Conference Site Visits : If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition . If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qual ifications , must include the Work necess itated
by those conditions. If the survey is prOVided subsequent to the submission of the proposal or negotiation in a
request for qualifications , the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ ,
the negotiated price, and award the contract to, or begin negotiations with , the second most responsive,
responsible E-bidder w ith the lowest price, or in the case of an RFQ , with the next best qualifications , or to
reject all E-bids .
32 . Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded . Delays and extensions of time may be allowed only in accordance w ith the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form . No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Fo r m , if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package.
34 . Cancellation of E-Bid Solicitation : The City reserves the right to cancel , in whole or part, any request for
proposal when it is in the best interest of the City .
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any w ay in the performance of its contract, if one is awarded, based on race, color, religion,
national origin , sex, age , sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal , partners, members, or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
cons idered until the default is cured to the satisfaction of the City Manager.
37 . E-bid Protest Procedure. See attached EXHIBIT 7.
38. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4 .
39. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of th is solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder{s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors . If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information . Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS . A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS . If a document is not totally confidential but contains non-confidential and
confidential information , the Respondent must provide a redacted copy of the document and an un redacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the unredacted document contains confidential information. If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents ,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum .
43. Definitions. The following definitions will govern the interpretation of this RFQ:
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525 .
44. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids , Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall , 6130 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the follOWing Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered : "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45 . Tie Selection . In the event of a tie by an EvaJuation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved . The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised .
46. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and , by responding to this RFQ , Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions .
47. State of Emergency. The City reserves the right, in its sole and absolute discretion , to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents
or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager .
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen , prevented or avoided. For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations . Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
49. Proprietary Rights
48 .1 The Respondent hereby acknowledges and agrees that the City retains all rights , title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City andlor created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors speCifically for the
City, hereinafter referred to as "Developed Works" will become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is
provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope
of Services . NotWithstanding the foregoing, the Respondent hereby grants , and must require that its
subcontractors and suppliers grant, if the City so desires , a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use andlor disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any andlor all of the Deliverables provided
hereunder exclUSively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such license Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color. religious family status. sex (including sexual orientation, gender identity and intersexuality).
height. weight. domestic partnership status, labor organization membership. political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees.
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs. services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. SA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation, or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as prOVided in paragraph D (3) below.
(2) "City's professional staff' means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall : (a) prOVide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed pUblic City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agencylfirm, address, telephone number, name of contact
person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above.
Response to the Solicitation: This section. including the Cover Letter and Executive
Summary, should summarize the key points of your submittal. Limit to one (I) to
FIFTEEN (15) pages. Response to the Solicitation must include the follow ing .
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services. "
2. Detailed work plan/project approach and schedule designed to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by ea,ch person .
4. In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with
engagements of a similar scope including a summary of prior work experience and
competence in undertaking engagements of this type. Experience shown should be of
the lead project personnel who will be assigned to the City's project and will routinely
be interfacing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm. Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will prOVide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and prOVide a brief description of the type of services prOVided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please prOVide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals' relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation . Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https://n etwork.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents .
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents E.XHIBIT 2
X Respondents Bid/Response Form. E.XHIBIT 3
Signed Professional Services Contract Documents (All -including General
X Conditions and Supplementary Conditions, if attached) E.XHIBIT 5
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I . Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone :
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price :
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price :
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4 . The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
Name of Agency:
Address :
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Respondent must list all proposed subcontractors and subconsultant if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of S u bcontractorlS u bco ns u Itant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFQ.
END OF SECTION
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
______________________ being first duly sworn, deposes and states that:
(I) He/ShefThey is/are the ________________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/ShefThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent.
firm, or person to fix any overhead. profit, or cost elements of the Proposal or of any other
Respondent. or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of . 20 ___ , before me. the undersigned Notary Public of the State
of Florida , personally appeared (Name(s) of individual(s) who appeared before notary)
_______________________ and whose name(s) is/are Subscribed to the within
instrument, and he/shelthey acknowledge that he/shelthey executed it.
WITNESS my hand and official seal.
Notary Public , State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or type as commissioned .)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath .
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the prOVisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by ______________________________________________________________ __
[print individual's name and title]
for ________________________________________________________________________ ___
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
------------------------------------,.)
2 . I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes , means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid , proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3 . I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes,
means a finding of gUilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4 . I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Flo rida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of eqUipment or income among persons when not for fair
market value under an arm 's length agreement, will be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate .
5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Flo ri da Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners ,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies .]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives ,
partners, shareholders, employees , members, or agents who are active in the management of the entity,
nor any affil iate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989 .
___ The entity submitting this sworn statement, or one or more of its officers , directors, exec utives ,
partners, shareholders, employees , members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989 .
___ The entity submitting this sworn statement, or one or more of its officers , directors, executives,
partners, shareholders, employees, members , or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM .
[Signature]
Sworn to and subscribed before me this _____ day of ______________ ., 20 __ .
Personally known ____________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev .06/11/92)
Notary Public -State of _______ _
My commission expires _______ _
(Printed , typed , or stamped commissioned
name of notary public)
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program . In order to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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 paragraph (I) above .
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (S) days after such conviction .
S) 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregOing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENT's Signature: ________________ _
Print Name:
Date:
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, . (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03 as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if
any) against any and all liability, claims , damages, losses and expenses they may incur due to the failure of Whenever
two or more responses to a solicitation which are equal with respect to price, quality and service are received by
the State or by any political subdivisions for the procurement of commodities or contractual services, a response to
the solicitation received from a business that certifies that it has implemented a drug-free workplace program will
be given preference in the award process. Established procedures for processing tie responses to solicitations will
be followed if none of the tied vendors have a drug-free workplace program . In order to have a drug-free workplace
program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involVing the procurement of commodities or contractual services
that are under E-bid , the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (S) days after such conviction.
S) 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
Witness
BY: ____________________________ __
Name
Title
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED , SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchasin~/vendor information/convicted suspended di
scriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
(I) I represent the Respondent whose name is ______________ _
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/busi ness_operations/ state _purchasi ng/vend or _i nfo rmatio n/ convi cted _suspended _ d i
scriminatory _complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing . If I d id not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By: _---::~----:--::--.,----:----_
(Signarure of Declaranr)
(Prinr name of Declaranr)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ " 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public , State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned .)
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
_______________ , individually and on behalf of ______________ _
("Firm ") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics ,
Section SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or
business that I, and/or the Firm , am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers , directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is (are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city. other than as follows :
_ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line , to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded , the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (Le ., spouse. parents. children. brothers and sisters) has a financial interest, directly or indirectly. in the
contract between you and/or your Firm and the C ity other than the following individuals whose interest is set
forth following their names : ________________________ _
(if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must
refer. on the above line , to the additional sheet and the additional sheet must be signed under oath). The names of
all City employees and that of all elected and/or appointed city officials or board members, who own , directly or
indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows :
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
refer. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the
ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly
traded. the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is
not required to make an independent investigation as to the financial interest in the Firm of city employees.
appointed officials, or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege , benefit, or exemption for ourselves. or others. We agree that
we may not disclose or use information . not available to members of the general public. for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City. and that we have not appeared in representation of any third party
before any board. commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3).docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows :
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is pUblicly traded, the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members).
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
____________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: _____________ _
Print Name & Title: _______________ _
Date: ____________ _
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel, and departmental per sonnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards, and
agencies, such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers, and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation , a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the prOVision
on any goods or services , whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position . Nothing in this subsection shall prohibit or make illegal :
(I) The payment of taxes, special assessments or fees for services prOVided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering. or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative . This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the City commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary, or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item, or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals, or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken .
(4) Disclosure. Any person included in the term defined in paragraphs (b)(l) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(l) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No pel'son included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either inCidental, occasional, or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental, or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as prOVided in
section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigat ion
incur r ed by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation, or entity
other than the City, or any of its agencies or instrumentalities , shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers, or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period oftwo years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular
subject matter in which the city or one of its agencies is a' party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice. investigation. or otherwise. during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decis ion. approval. disapproval.
recommendation. the rendering of advice . investigation . or otherwise. during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or
otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics o r dinance . or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person. may submit to the city attorney a full written statement of the facts and questions . The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists . Pursuant to City Ordinance 28-14 -
2206 (c){9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation . The affidavit must be
filed by staff with the Clerk 's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees . No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees .
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ ---', makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
r epresents . Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees .
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees . The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity l isted below.
Executed this ___ day of _______ ---', 20
Signature of Representative
Print Name and Title Print name of entity being represented .
END OF SECTION
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any reqUired bonding, including a Performance Bond, Payment Bond , and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
NotWithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY : __ ~ ______________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ " 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the _____ day of __________ " 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE :
PROJECT DESCRIPTION : PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Ag r eement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work. within N/A calendar days from the
Commencement Date.
City of South Miami
BY : ____________________ __
(print name )
City Manage r. or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by _______________________ _
on this ___ day of __________ . 20 ___ .
BY:
TITLE: ___________ _
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein , under continuing profeSSional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as adVisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be aSSigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural deSign, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers .
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering deSign, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services . The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include , but are not limited to the follOWing:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for: private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design. traffic
control. maintenance of traffic. street lighting. permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans. sanitary sewer plans for gravity mains and force mains. and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects. as required by the City.
• Structural (building and mise. components)
This category includes the design. calculations and analysis needed to prepare a complete
set of construction documents for misc. structures. retaining wall, culverts. building
structures. as needed including foundation designs.
• Environmental Engineering
This category includes field data collection. site investigations. environmental assessments
and design as needed to prepare remediation plans for underground storage tanks.
hazardous waste materials. asbestos removal. wetland mitigations. endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes. fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director. Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director. Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Sectio'n 20-4 .5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection . When needed , assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims , change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for va r ious
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFI's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials , testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be Signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFLGOVIDOCUMENTCENTERIVIEW/3832/C
OMPREHENSIVE-PLAN-DIA-GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion . The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease. or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury. death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes. as
presently written or hereafter amended. and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said bUildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the proviSions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable .
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
E., If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any. not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion .
Indemnification Requirement
A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims , liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property ariSing out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM , its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, ariSing out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates ,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omiSSion, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates. employees,
successors and assigns are to be held liable or responsible for any claims. including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM . its contractorlsub-contractorlsub-consultant or any of their agents, representatives, employees.
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami. which approval will not be unreasonably withheld .
F. However. as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of.
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities. damages. losses, and costs, including, but not limited to, reasonable attorneys'
fees. to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I . If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in E.xhibit I Scope of Services, Attachment A, & 8,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the SoliCitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited ' or induced any person , firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4 . Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal. if such an exhibit is made a part of the Solicitation. are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
7. This proposal is submitted by whose address is _______ _
_________ --', whose telephone number is . whose fax number is
_______ ,. whose email address is and whose authorized
representative signing this Bid Form is whose title is ____ _
8 . By submitting this proposal, I, for myself and on behalf of the business that I represent. hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: _______________ _ Date of Execution: ___________ _
[Print signatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(IOO) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, include:
I. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be aSSigned to this project, and experience and qualifications of
suqcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member rank each Respondent; #1 (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent 8's total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent 8 is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent 8 = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent Ranking Order
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 1 3 2 .50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presentations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition.
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III -Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and specialized services, in accordance with Exhibit I "Scope of Services," the City intends to
retain a maximum offive (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm. If those negotiations are
unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations continue
until the City Manager has successfully completed negotiations with a maximum of five firms, each
of whom execute a contract with the City and be on the City's roster of professional consultants.
The firms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this __ day of ,20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMAU@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at . and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
prOViding said services in a professional and timely manner and in accordance with the CITY's goals and
reqUirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein .
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the follOWing documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the '
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY 's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: e-mail:
________ ,; Fax: _______ Street Address: ____________ '
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I) Two (2) Year Optjon-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSULTANT secure all necessary business and
profeSSional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14) Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, Signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.1 19.070 I) while prOViding goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records , provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and Cd) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the pUblic agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
I 7) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp shOWing the date of deliver; otherwise, the document will
not be considered to have been delivered . Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifJ.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax : (305) 341-0584
E-mail: tJ;!eJ;!e@southmiam ifl .gov
18) Corporate Authority. The CONSU L T ANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami 's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, prOVide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSU L TANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age , disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsulta'1ts must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSU L T ANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 • 03
CONSULTANT: ____________________ _
Witnessed:
By: _________ _
ATTESTED:
By: ____________________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: ____________________ _
City Attorney
By: ____________________________ _
[print name and title of signatory]
CITY OF SOUTH MIAMI
By: ______________ _
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and gUidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U .S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Req uir ements . Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations , 3 I CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U.s.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Am ericans with Disabi liti es Act Requ iremen ts . The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U .S.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, pUblic accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.s.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Discr im inat io n Act of 1975 . Consultant comply with the requirements
of 42 u.s.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections for W hist/eblowers .
(I) In accordance with 41 U .S.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following :
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
ii i. The Government Accountability Office .
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Co m pliance with Im migration and Na ti on ality Act (I NA ). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) (Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Re qUire d. Pursuant to Executive Order 13043 , 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned. rented. or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513. 74 FR 51225. Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City. the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City. U.S. Department of the Treasury. and the State of Florida. as
appropriate. any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements, Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act. Consultant be subject to the federal Uniform Administrative Requirements . Cost
Principles. and Audit ReqUirements for Federal Awards under 2 CFR Part 200. including. but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement.
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race. color, religion. sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed. and that employees are treated during
employment without regard to their race. color. religion, sex, sexual
orientation. gender identity, or national origin . Such action include. but not be
limited to the following:
a. Employment. upgrading. demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training. including apprenticeship
The Consultant agrees to post in conspicuous places. available to employees
and applicants for employment. notices to be provided setting forth the
prOVisions of this nondiscrimination clause.
(2) The Consultant will. in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided adviSing the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulatiQns, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Con tract W ork Hou rs and Safe ty Standards Act Co m pli ance . During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I ) Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation ; liability for unpaid wages; liquidated damages . In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic , including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section , in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section .
(3)Withholding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section .
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts . The Consultant be
responsible for compliance by any subcontractor or lower t ier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section .
C. Cl ea n Air Act Compliance . During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.S.c. § 740 I et seq ., as amended) and specifically
agrees as follows :
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended , 42 U.s.c.§ 740 I et seq .
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pollution Cont r ol Act Complia nce. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.c. §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn , report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Susp ension and Debarment Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R . pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. ISO, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (S) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency ;
ii. Have not, within a five (S)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification , then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lo bbying Amen dm ent (31 U.s.c. § 13 52 , a s amended!. During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.c. § 1352, as amended). SpeCifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid ,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension , continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influenCing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities ," in accordance with its instructions.
(3) The Consultant r equire that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.S .c. 13S2). Any person who fails to file the reqUired certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure .
G . Co pe la nd "An ti-Kic kback" Act . During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply w ith IS U.s.c. § S74. 40 U.s.c. § 3145, and the requirements of 29
C.F.R . part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H . Procu rement of Rec overe d Ma teri als. Consultant comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired : (I)
competitively within a timeframe prOViding for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price .
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.go v!smmlco mprehensiveprocurement-guideline-c pg -pro gram .
I. Do mesti c Preference s for Procurements. To the greatest extent practicable, Consultant and
its subcontractors provide prefer ence for the purchase, acquisition , or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit Re quirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S . Department of the Treasury's Interim Final
Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation ") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional gUidance and instructions
issued by the U.S . Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notice s. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time . EN D OF SECT ION
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is
considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in
connection with the recommended award of a contract and who wishes to protest the award, shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the recommendation is considered for action . A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered,
when stamped with the City Clerk's receipt stamp containing the date and time of receipt.
Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of
intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter
and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office
must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must
also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in
cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office
and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by
check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which
the protest is based, it shall describe and attach all pertinent documents and evidence relevant and
material to the protest and it shall be accompanied by any required filing . The basis for review of the
protest shall be the documents and other evidence described in and attached to the Protest Letter and
no facts, grounds, documentation, or other evidence not specifically described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Computation of time. No time will be added to the above time limits for service by mail. The last day
of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which
event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall
issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
Manager may then, submit a recommendation to the City Commission for approval or disapproval of
the protest, resolve the protest without submission to the City Commission, or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed
pursuant to the requirements of this section, the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above , unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
By: __________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ " 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ____ day of __________ , 20 __
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
Professional General Engineering & Architectural Services RFQ #PW2022-
Wage Rates Summary
Job Classification
Principal
Sr. Project Manager
Project Manager
Senior Engineer
Senior Planner
Planner
Senior Traffic Engineer
Traffic Engineer
Senior Designer / Engineer
Designer
Engineering Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction Inspector
Construction Inspector
Senior Landscape Architect
Landscape Architect
Landscape Arch itect Intern
Arborist
Utility Coordinator
Surveyor / Mapper
Su r vey Techni ci an
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Senior Certified Bridge Inspector / Diver
Cert ified Bridge Inspector / Diver
Fire Protection Engineer
Plumbing Engineer
Mechan i cal Engineer
Electri cal Engineer
Geotechnical Engineer
Geologist
Environmental Scientist
Sen ior Administrative Assistant
Clerical
Rates are valid through December 31st, 2023 ,
the r eafter rates shall escalate at 5% yearly .
SRS Accepted Rates
$210.00
$190.00
$150.00
$140 .00
$145 .00
$100 .00
$150.00
$110.00
$115.00
$92.00
$85 .00
$85.00
$75.00
$92 .00
$105.00
$87.00
$150.00
$125.00
$85 .00
$97.50
$115.00
$110.50
$78.00
$130.00
$140.00
$1 65.00
$1 50 .00
$110.00
$117.00
$117.00
$117.00
$117.00
$135.00
$110.00
$105.00
$75.00
$58.50
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May. 2022. by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALI@SOUTHMIAMIFL.GOV
and EXP US SERVICES, INC .. , with an office and principal place of business located at 20 I
Alhambra Circle. Suite 800. Coral Gables. FL. 33134 and E-mail addressofeugewne.collins-
bonfill@exp.com Facsimile transmission number of N/A (hereinafter called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
prOViding said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to prOVide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement. the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgOing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager , or the Manager's
designee who is designated in a writ ing signed by the City Manager . The Primary Contact Person for
CONSULTANT and his/her contact information is as follows : Name: EUlene Collins-Bontill e-mail:;
eu,ene.collins-bonfill@exp.com , Fax: N/A Street Address: 20 I Alhambra Circle. Suite 800. Coral
Gables. FL. 33134.
S) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One <I ) Two (2) Year Option-to-Renew. for a
term not to exceed Five (S) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein .
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSU L T ANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.1 19.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perfonn the
service; (b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are 110t disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
I 7) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifLgov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax: (305) 341-0584
E-mail : q:>epe@souchmiamifl .gov
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CON SU L T ANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSU L T ANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination ofthis Agreement by the City for a
violation ofthis Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
CONSULTANT: EXP US Services, Inc.
DIYII • .t~'''Qr..:dl.JyJost'L
Witnessed: Jose L Santiago ~:;~'l':»~'111709"
-0400' By: __________ _ By: C~ Co~-8rm#4
ATTESTED:
B~ t)e~~
City Clerk
By: -----+-----==--"..<--+r--I---'----
Eugene Collings-Bonfill, Vice-President
[print name and title of signatory]
CITY OF SOUTH MIAMI
BY:~~~'
Shari Kamali
City Manager
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & S,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of ProposallBid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged .)
Addendum No. 01,02, & 03 Dated: 1/7/22, 1120/22, & 1/26/22
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d . This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
"P' u::" -\'. LlY i-
Address: 201 Alhambra Circle, Suite 800 Coral Gables, FL 33134
Telephone: +1.305 .631.2208
Facsimile: N/A
Contact Person Eugene Collings-Bonfill, Vice President
5 . The terms used in this Pr oposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package .
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference .
7. T~is proposal is submitted by EXP U.S. Services Inc. whose address is 201 Alhambra Circle
SUite 800, Coral Gables, F ~ whose telephone number is +1.305 .631.2208, whose fax number is __
N /A , whose email add ress iseugen e .collings-bonfi ll@ex p .coillind whose authorized
representative s igning this Bid Form is Eu gene Coll ings-Bo nfill w hose title is Vice Presid~nt
8. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: ~ . Date of Execution : 02/03/2022 Eug ?n~':o n fiu -----------
[Print signatory's name]
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for qUick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services , or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities , regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering deSign, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
41 of 69
• Traffic and Transportation Engineering
This category includes fi~ld data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design ; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design , traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations . It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations . The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (bUilding and mise. components)
This category includes the design , calculations and analysis needed to prepare a complete
set of construction documents for misc. structures, retaining wall , culverts, bUilding
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks ,
hazardous waste materials, asbestos removal , wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
42 of 69
with City staff and make presentations to the City Commission and appointed boards. as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection. tree identification and biology. growth
characteristics and requirements (water. soil. nutrition). installation and establishment. as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards. as required .
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed. assist City Departments
with other issues related to the maintenance. preservation. and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing. soil borings for
Percolation Tests and Standard Penetration Test (SPT). Double Ring infiltration test.
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design. air conditioning systems. fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules. construction delay claims. change orders. preparation of progress and final
payment estimates. contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process. attending pre-construction and construction meetings.
responding to Request for Information (RFI·s). reviewing and approving Request for
Change Orders (RCO·s). certification of pre-manufactured materials. testing of materials,
monitoring conformance to construction plans and specifications. review and approval of
shop drawings. review and recommend progress payments. preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
43 of 69
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOV/DOCUMENTCENTER/VIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpeniine.com/pdfs/South Miami LDC.pdf
45 of 69
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensa'tion Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion , Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builder s ' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain ,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All poliCies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as prOVided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained . The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to prOVide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
''The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
f.:. If the FIRM is providing professional services, such as would be prOVided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms speCified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns. harmless from any and all damages. claims, liability, losses. claims, demands. suits.
fines, judgments or cost and expenses, including reasonable attorney's fees. paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation. mediation.
arbitration and at all appellate levels. which may be suffered by. or accrued against, charged to or
recoverable from the City of South Miami. its officers, affiliates. employees. successors and assigns. by
reason of any causes of actions or claim of any kind or nature. including claims for injury to, or death of
any person or persons and for the loss or damage to any property ariSing out of a negligent error.
omission. misconduct, or any gross negligence. intentional act or harmful conduct of FIRM. its
contractor/sub-contractor/sub-consultant or any of their officers, directors. agents. representatives.
employees, or assigns. or anyone acting through or on behalf of any of them. arising out of this
Agreement. incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims. losses and expenses of any kind or nature whatsoever. in
connection therewith. including the expense or loss of the CITY and/or its affected officers. affiliates.
employees. successors and assigns. including their attorney's fees. in the defense of any action in law or
equity brought against them and arising from the negligent error. omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents. representatives, employees, or assigns , and/or ariSing
out of, or incident to, this Agreement. or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers. affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving. or rejecting any submissions or
acts of FIRM , CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses, and costs. including. but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and gUidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "0";
iii. U .S. Department ofthe Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964 , attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirem ents . Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U .S. Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.s.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program o r activity receiving federal financial assistance, 42
u.s.C § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 CF.R. §§ 7 and 16 , ·and 44 CF.R. § 206.1 I , and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Dis abil iti es Act Requi rements . The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S .C §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Dis crimi nati on Act of 1975. Consultant comply with the requirements
of 42 U.s.C §§ 610 I et seq ., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Pro tecti on s for Wh istleb lowers.
(I) In accordance with 41 U.s.C § 4712, Consultant may not discharge, demote, or
otherwise discriminate aga inst an employee in reprisal for disclosing to any of the list of
persons or entities prOVided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds , an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
follOWing:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency .
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Ad (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflid of Interests . Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin . The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be prOVided setting forth the
provisions of this nondiscrimination clause .
(2) The Consultant will , in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed , or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information .
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S . Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules , regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
prOVided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or .
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co nt ra ct Wo rk Hou rs and Sa fety Sta nd ards Act Com pli anc e. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I )Overtime requirements . No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liqu idated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C Clean Air Act Compliance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.c. §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspension and Deba rmen t Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CFR. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 C.F .R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
t ier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended , proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under pUblic transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal , State o r Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
t r ansactions (Federal , State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lo bbyi ng Amen dment (3 / U.s.c. § 1352, as am ended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the prOVisions of the Byrd
Anti-Lobbying Amendment (31 U.s.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant r equire that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants , loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byr d Anti-Lobbying Amendment (31
U.S .c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure .
G. Cop ela nd "An ti -K ick back " Act. During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows :
(I) The Consultant comply with 18 U.S.c. § 874, 40 U.s.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach . A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R . § 5.12.
H. Pro cu reme nt of Reco vere d Ma terials . Consultant comply with the provisions of 2 C.F .R.323 ,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items , unless the product cannot be acquired: (I)
competitively within a timeframe prOViding for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3), at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/c o mprehensiveprocurement-gu ideline -cpg-pr o gram .
I. Do mestic Preferences for Pro cu rements. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acqUisition, or use of goods ,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements ."
J.2 CF R Sub part F -Audit ReqUirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Aud it PrOVisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended, and other gUidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation ") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
Sou t~iami
THE CITY OF PI EASANT LIVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8,2022 at lOAM
Solicitation Covel" Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on February 8, 2022 and any Proposal received by the City through DemandStar after 10:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at hups :/lzoom.usIi /3056636339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID: 3056636339.
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at hrrps :/Izoom.us/jI30S663 6339 ,or listen to the meeti~g on a dedicated phone line by dialing
+ 1-786-635-1003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:/Inetworl<.demandstar.com/ which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please click here to create your account and
get notified of bidding opportunities.
Create Your Account
~:f-DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, dick on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I,
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisement! D istribution of Solicitation & Cone of Silence
begins
NON-MANDATORY PRE-BID MEETING
The Procurement Division will conduct the NON-
MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at https:llzoom .usfjf3056636339
,or listen to the meeting on a dedicated phone line by d ialing + 1-
786-635-1003 Meeting ID : 3056636339.
Deadline to Submit Que stions
Deadline to City Res~onses to Questions
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
httos:l/network.demandstar.com/
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:I!zoom.us/j/3056636339 ,o r listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1 003 Meeting
ID : 3056636339.
Projected Announcement of selected Contractor/Cone of
Silence ends
END OF SECTION
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment, and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms,
and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation . The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm , by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perju'ry, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation .
s. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in respoT"lse to such
questions. will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail , e-mail , or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section SA-7. of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation. there is a prohibition on verbal communication with the City's professional
staff. including the City Manager and his staff and members of the City Commission . The Cone of Silence
ordinance. Section 8A-7. has been duplicated at the end of these instructions .
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable. and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division. which are for the
purposes of obtaining additional or clarifying information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity). firms . or legal entities
such as a corporation. partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage. defeat, or modifications of (I) ordinance. resolution,
action or decision of the City Commission ; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action. decision or recommendation of City personnel during the time
period of the entire decision-making process on such action. decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either indiVidually or collectively concerning this Solicitation . Contact may only
be made through regularly scheduled Commission meetings. or meetings scheduled through the Purchasing
Division. which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however. the presentation team may avoid formal registration by complying with section 8A-S (c) (9). of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations. if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal. whether solicited or unsolicited. is considered to be
a lobbyist. See section 8A-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist .
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City.
however, reserves the right. in its sole discretion, to do any of the following :
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents .
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore. important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation . It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions , to award each subdivision to a
separate Respondent.
I S. Contingent Fees Prohibited . The proposing firm , by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation , individual or firm other than a bona fide employee, contractor or sub-
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16 . Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid, proposal , or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit E-bids, proposals , or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s . 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list .
17 . Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink ; all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable " or "NA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected . Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond, (Bond or cashier's check), if reqUired, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this Solicitation the following applies :
a) Brand Names: If a brand name , make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a
discrepancy, the City reserves the right to make the final determ ination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required , must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples .
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration ofthe material quality, workmanship, or performance ofthe' items offered on this
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague , or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments . Proposals must be accompanied by a Materials Data Safety Sheet (M .S.D.S) when
applicable.
19. Liability , licenses & Permits : The successful Respondent must assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for
this Project.
20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this proviSion, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights : Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
wi" there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and a" liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation wi" not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package . The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package . The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted , as we" as for any and a" purposes, including the enforcement of a" of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or a"
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, 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.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City
and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion . The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements"
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will
be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements : The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, s'ervices and/or furnishing materials in connection hel-ewith . In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida .
29.1 . Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the. Work with the liability equal to one hundred percent (100%) of the Contract Sum .
29.3 . Each Payment bond must guarantee the full payment of all suppliers, material man , laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4 . Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
29.5 . Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the publjc records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular" 570, current revisions .
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal , agrees to the
terms contained in the form of contract that is part of th is Solicitation package, the successful Respondent,
with in ten (10) calendar days of Norice of Award by the City , must del iver. to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
in surance documentation as well as a Performance and Payment Bond if these bonds are required . The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furn ish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City . It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the reqUired Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documen.ts. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond .
3 I. Pre-proposal Conference Site Visits : If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignor"ance by the Respondent of conditions that exist, or that may hereinafter exist, as a Sol icitati on
result of failure to make the necessary examinations or investigations , or failure to complete any part of the
Solicitation Package. will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property. if applicable, is bound by knowledge that can be seen or surmised from the survey and w ill nOt be
entitled to any change order due to any such condition . If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions . If the survey is provided subsequent to the submission of the proposal or negotiaTion in a
request for qualifications , the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal , or in the case of an RFQ .
the negotiated price. and award the contract to, or begin negotiations wi t h, the second most responsive ,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids .
32. Time of Completion: The time is of the essence with regard to the completion of the Work to be peliormed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provis io ns stated in the appropriate section of the Contract Documents, including the Proposal Form.. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal ReqUirements : All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package.
34. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when ie is in the best Interest of the C ity .
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or In any way in the performance of its contract, if one is awarded , based on race, color, religion.
national origin, sex, age, sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening. must have fulfilled all prior obligations and commitments to the
City In order to have their E-bid considered, including all financial obligations . Prior to the acceptance of any E-
bid proposal , qualifications or quotation . the City'S Fina nce Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal . partners, members. or stockholders (co llectively referred to as "Respondent Debtors"). An E-bid ,
proposal or quotation will not be accepted umil all outstanding debts of all Respondent D ebtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have thei r E-bid
cons idered until the default is cured co the salisfaction of the City Manager.
37. E-bid Protest Procedure. See attached EXHIBIT 7.
38 . Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4.
39. Availability of Contract -Any Governmental or quasi-governmental entity , in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal , state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder (s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds . In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified r ight to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41 . Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customer s for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages , benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits , insurance coverage and any other material cost factors , Respondent must
immediately extend the same prices to City.
42 . Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS . If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must prOVide a redacted copy of the document and an unredacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list " or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the unredacted document contains confidential information . If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from p r oduction . If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obt aining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public r ecords laws . The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum .
43. Definitions . The follOWing definitions will govern the interpretation of this RFQ:
"Certify", including all of its tenses, such as "certifies ", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are t r ue and cor rect and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public , or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92 .525 .
44. T ie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered : "Best and Final Offers ". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45. Tie Selection . In the event of a tie by an Evaluation Selection Committee after they have scored each submittal.
the meeting facilitator of the Selection Committee meeting. usually the City's Procurement Manager. will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and. will continue the re-scoring until the tie is broken. and a clear
winner for the award recommendation has been determined . If the tie is not broken after three attempts to
break the tie. all responses will be rejected. and the item will be re-advertised.
46. Rescind the Award . The City reserves the right to rescind the award recommendation. even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and . by responding to this RFQ . Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The City reserves the right. in its sole and absolute discretion. to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami. its residents
or businesses and that has been declared by the Governor. Mayor of Miami-Dade County or the City Manager.
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeu re, acts of God. or other acts or circumstances beyond the control of a party or that could not
have been reasonab ly foreseen. prevented or avoided. For this purpose, such acts or circumstances include.
but not limited to, weather conditions affecting performance. floods, epidemics, war, riots. strikes, lockouts, or
other industrial disturbances. or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
49. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights . title and interests in and
to all materials. data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City. even if
unfinished or in process. as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees. agents. subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not. without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents. subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights .
48.2AII rights. title. and interest in and to certain inventions, ideas. designs and methods. specifications and
other documentation related thereto developed by the Respondent and its subcontractors speCifically for the
City. hereinafter referred to as "Developed Works" will become the property of the City.
48 .3 Accordingly, neither the Respondent nor its employees. agents. subcontractors. or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized. reproduced or
distributed by or on behalf of the Respondent, or any employee. agent. subcontractor or supplier thereof,
without the prior written consent of the City. except as reqUired for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a. b, and c above, or elsewhere herein. the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is
provided hereunder. that have not been customized to satisfy the performance criteria set forth in the Scope
of Services. NotWithstanding the foregoing. the Respondent hereby grants. and must require that its
subcontractors and suppliers grant. if the City so desires , a perpetual, irrevocable and unrestricted right and
license to use. duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling. controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes. but is not limited to, the right of the City to use and/or disclose. in whole or in part. the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclusively for the City or entities controlling. controlled by. under common control With. or
affiliated with the City. or organizations which may hereafter be formed by or become affiliated with the City .
No such License Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality),
height, weight, domestic partnership status, labor organization membership, political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. SA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service prOVider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation, or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113 ;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agencylfirm, address, telephone number, name of contact
person, date. and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above.
Response to the Solicitation : This section , including the Cover Letter and Executive
Summary, should summarize the key points of your subm ittal. Umit to one (I) to
FIFTEEN (15) pages. Response to the Solicitation must incl ude the following.
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services. "
2. Detailed work plan/project approach and schedule designed to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person.
4. In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with
engagements of a similar scope including a summary of prio r work exper ience and
competence in undertaking engagements of this type. Experience shown should be of
the lead pro ject personnel who will be aSSigned to the City's project and will routinely
be interfacing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm. Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals' relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https:Unetwork.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents.
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents EXHIBIT 2
X Respondents Bid/Response Form . EXHIBIT 3
Signed Professional Services Contract Documents (All -including General
X Conditions and Supplementary Conditions, if attached) EXHIBIT 5
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection .
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date: _________________ _
Original Contract Price :
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price :
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4 . The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References :
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
Name of Agency:
Address :
Telephone No .:
Contact Person :
Type of Project:
Name of Agency:
Address :
Telephone No .:
Contact Person:
Type of Project:
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Respondent must list all proposed subcontractors and subconsultant if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of SubcontractorlSubconsultant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFQ .
END OF SECTION
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
______________________ being first duly sworn, deposes and states that:
(I) He/She/They is/are the ________________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal ;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collus ive or sham Proposal ;
(4) N either the said Respondent nor any of its officers , partners. owners, agents , representatives,
employees or pal "ties in interest, includi ng this affiant. have In any way colluded . conspired , connived or
agreed , directly or indirectly. with any other Respondent , 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 Bidding or 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 Respondent.
firm , or person to fix any overhead. profi t . or co st elements of the Proposal or of any other
Respondent. or to fi x any overhead , profit. or cost elements of the Proposal Price or the Proposal
Price of any other Respondent. or to secure through any collusion . conspirac.y , connivance. or unlawful
agreement any ad vantage against (Recipient), o r 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 un lawful agreement on the part of the Respondent or any other
of its agents. representatives, owners. empl oyees . or parties of interest, including th is affiant .
Signed . sealed. and delivered in the presence of:
By : _____________ -""
Witness Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of , 20 ___ , before me, the undersigned Notary Public of the State
of Florida. personally appeared (Name(s) of ind ividual(s) who appeared before notary)
_______________________ and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC :
SEAL OF OFFICE:
(Name of Notary Public : Print, Stamp, or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the 'provisions of Pa,'agraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a publ ic entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contl"act with a public entity fo,' the construction of repair of a public building or public w0rk, may not submit
bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant. or Consultant under a Contract with any public entity.
and may not transact business with any public entity in excess of the threshold amount C ategory Two of Section
287.017. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract he,"eunder is subject to the provisions of Chapter I 12. Florida State
Statutes. Respondents must disclose with their Proposals. the name of any officer. director. partner, associate. or
agent who is also an office'" or employee of the City of South Miami or its agencies .
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by __________________________________________________________________ _
[print individual's name and title]
for ________________________________________________________________________ ___
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
---------------------------------------.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g). Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including. but not limited to , any bid , proposai or contract for goods or services to be prOVided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust. fraud . theft. bribery, collusion , racketeering. conspiracy. or material misrepresentation .
3. I understand that "convicted " or "conviction " as defined in Paragraph 287.133 (I) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime. with or w ithout an adjudication of guilt. in
any federal or state trial court of record relating to charges brought by ind ictment or information after July
I. 1989 , as a resule of a jury verdict. non-jury trial, or entry of a plea. of guilty or nolo contendere.
4 . I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control Qf an y natural person who is active in the management of the entity
and who has been conVicted of a public en<ity crime. The term "affiliate" includes those officers,
directors, executives. partners. shareholders. employees, members, an d agents who are active in
the management of an affi liate . The ownership by one person of shares constituting a controlling
interest in any person. or a pooling of eqUipment or income among persons when not for fair
market value under an arm's length agreement, will be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate.
5 . I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural
person or entity organized und er th e laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a publi c entity, or which otherwise transacts or appl ies to transact
business with a public entity. The term "person" includes those officers, directors, executives. partners.
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies .]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, sh areh olders, employees. members, or age nts who are active in the management of the entity,
nor any affiliate of the entity has been charge d w ith and convicted of a public entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, sharehold ers, employees, members, or ag ents who are active in the managem ent of the entity. or
an affiliate of the entity has been cha rged with and convicted of a public entity crime subsequent to July I,
1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members. or agents who are active in the management of the entity, or "
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent procee ding before a Hearing Officer of the State of Flo ri da .
Division of Administrative Hearings and the Final Order entered by the Hea ring O fficer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUN T PROVIDED IN SECTION 287 .017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM .
[Signature]
Sworn to and subscribed before me this _____ day of ______________ ' 20 __ .
Personally known ___________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06/ I 1/92)
Notary Public -State of _______ _
My commission expires _______ _
(Printed, typed, or stamped commissioned
name of notary public)
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by an y politica l subdi visi on s fo r the pro curement of commodities or contractual services ,
a resp onse to [he solicitati o n r ecei ved fr o m a business th at certifies that It has im plemented a drug-fre e workp lace
pr ogra m w ill be given preference in t he aw ard process. Estab lished pro cedures fo r processi ng tie res ponses to
soli ci ta t io ns w ill be follow e d if non e o f t he ti ed ven dor s have a dr ug-fr'ee work pl ace pr ogram. In o r de r· to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution , dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
acti ons that will be taken aga inst em ployees for violations of such prohibition .
2) Info rm employees a bou t the dan gers 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 paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (S) days after such conviction.
S) 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 this section .
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requi r ements.
RESPONDENT's Signature: _______________ _
Print Name: _____________________ _
Date: ________________________________ _
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, , (Name of RESPONDENT), he reby a ckno wl edge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03 as specified have the so le respo nsi bility for compliance w ith all the
r e quirements of t he Federal O ccu pational Safe t y and Health Ac t of 1970 . a nd all State and lo ca l safety and health
reg ula,ci o ns, and agree co indem nify and hold harmles s t he City of South Miami and N /A C o nsu lting Engineer if
a ny) agai nst an y an d all li a bility, cl ai m s. damages. loss es and e xpenses they may Incur due t o the failure of W henever"
cw o or m0re res ponses to a solici t ation whi ch are equal w it h respect to price, quality and service are recei ved by
the State or by any pol itical subdivisions for the pro cure ment of commodities or contractual s ervices, a respo nse to
the solici tation received from a business that certifies t hat it has impl emented a drug-free workpl ace program will
be gi ve n prefer e nce in the award process. Es ta blis hed pr o ced ures for pro cessin g tie resp o nses t o so licitatio ns will
be fo ll owed if none o f the tied vendors have a d rug-free workplace progr-a m . In o r der co have a dr ug-free workplace
pr ogram, a business must:
I) Publi s h a statement notifying emp loy ees that the unla wful manufacture. distribution, dispensin g,
p0ss ession. o r use o f a co ntroll e d su bs tance is prohibi t ed in the workpl ace and specifyi ng t he
actions that w ill be taken agai nst emplo yees for vio lations of such pro hibition .
2) In form employees about the dange rs of drug abuse in the w orkplace, the business 's policy of
mainta inin g a drug-free workpl ace, any availa b le drug couns e lin g. rehabilitation, and employee
assistance programs , and the penalties that may be imposed upon employees for drug abuse
violations .
3) Give each e mp loyee engaged in providi ng the commodities or contractual services that are under
E-bid a copy of the statement s pecified in Section (I).
4) In the statement specified in Se ction (I), no tify t he employees , that, as a condition to their
working fo r the employer with regard to the matters that are the s ubject of the response to the
solic itation includ in g those invo lv ing the p rocurement of commodities o r contr actual services
that are under E-b id, the employee mus t abide by the terms of t he state ment and must notify the
employer of any conviction of, or plea of gu ilty or no/6 contendere to, any violation of Chapter
893 or of any controlled substance law of th e Uni ted Sta tes or any state, for a violation occurring
in the workplace no later than five (S) days after such conviction.
S) Im pos e a sanction on or req ui re the satisfactory participa tion in a drug abuse ass istance or
r ehabi litation pro gram, 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 this section.
As the person authorized to sign this statement, and under penalties of perju ry, I declare that I have read the
foregOin g statem ent and that the facts stated in it are true and that this firm and its subco ntractors, if any, who are
listed bel o w , are in full compliance with the above r e quirements:
CONTRACTOR
Witness
BY : __________________________ ___
Name
Title
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/conviCted suspended di
scriminacory comR laints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
(I) I represent the Respondent whose name is ______________ _
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address :
http://www.dms.myflorida.com/busi ness_operations/state _pu rchasi ng/vendor_i nformati 0 n/ convi cted _ su spended _ d i
scrimi natory _complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By: __________ _
(Signature of Declarant)
(Prim name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ , 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned .)
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
______________ -'. ind ividu ally an d on behalf of ______________ _
("Firm ") have Nam e o(Rep rese n!otive Co m ponylV endo r/Ent i/.y read the C ity of Sou t h Miami ("City")'s Code of Emics,
Se ctio n SA· I of t he City 's Code of O r d inances and I he reby ce nify, under penal ties o f per jury t ha t to t he best of
my knowledge, information and belief:
(I) neither I nor the Firm ha ve any conflict of inter est (as defined in s e ctio n SA· I ) with regard to the contract or
business that I, and/or the Fir m. am (are) about to pe r form for, or to transact with , the
City, and
(2) nei t he r I n o r an y em ploye es . o ffi cers. directors o f t he Firm, nor anyone who has a financial interes t greater
than 5% in the Firm, ha s any rel ative(s). as defined in section SA· I. who is an employee of the City or who is(a re)
an a p po inted o r el e cted official of t he C ity , o r who is(are) a member of an y public body creat e d by the Ci ty
Commiss io n, i.e .. a board o r committee o f t he City. [whi le t he e t hi cs code still a pp lies . if th e person exe cuting this
fo rm is do ing so o n behalf o f a firm w hose stock is pU blicly traded. t he statement in thi s se cti o n (2) must be based
so lely on the signa t o ry 's perso na l knowledge and he/she is not r equired t o make a n in depen dent inv estigation as to
t he relations hi p of e mpl oyees o r thos e wh o have a financ ial interest in the Firm.]; and
(3) nei t her I nor the Firm . nor anyo ne w ho has a financia l interes t gre ater t han 5% in t he Firm. nor any mem ber of
t ho se persons' immedia t e fami ly (Le., spo use, parents. chil dren . brothe rs and siste rs) ha s trans acted or ent ered
inco any contr act(s) w ith th e Ci ty o r has a fina n cia l inte rest . dire ct o r in direct. in any b usiness being transact ed
w it h t he ci t y. o r w ith an y per son o r age ncy acti ng fo r t he city. other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line , to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) n o e le cted and /o r ap po int ed officia l or employee of the City of South Mia mi. or an y o f t he ir immediate family
mem be rs (I.e., spouse, parents, chil dren, broth e r s and sisters) has a finan cia l interest, directl y or in directl y, in t he
co ntr act be tween you and/or yo ur Fir m and the City other than the follow ing indi vidu als w hos e interest is set
fo rth foll o w in g thei r names : _______________________ _
(i f necess ary. use a separa t e shee t to su p ply add it ional information t hat will n ot fit o n t his li ne; however, you must
refer. on the ab ove line, to me additio nal sheet and the additional sh e et m ust be signed under oath). The names of
all City e m ployees and that of all elected and/or appointed city officials or board members, who own, directly or
indirectly. an interest of fiv e percent (5 %) or more of the total assets of capital stock in the firm are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line ; however, you must
refer. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the
ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly
traded , the statement in this section (4) must be based solely on the Signatory's personal knowledge and he/she is
not reqUired to make an independent investigation as to the financial interest in the Firm of City employees,
appointed officials , or the immediate family members of elected and/or appointed official or employee.]
(5) I an d t he Firm further agree no t to use o r attem pt to use an y kno wledg e . pro perty or res o urc e which may
come to us throu gh o ur po sitio n o f trus t , or through o ur perfo rmance o f o ur d ut ies u nder the terms of th e
co n t ract w ith th e Ci ty . t o sec ure a special privil ege . b e nefi t, o r exemption for ou rselves . or others. W e agr e e that
we may not di scl o se or use info rmatio n. not avai la ble to membe r s of the general public. for o ur personal gain or
ben efi t o r fo r th e pers onal gain or be nefit of a ny other person or bu siness e ntity. outside of the normal ga in or
benefi t antici pated thro ugh the performanc e o f the contract.
(6) I and th e Firm hereby ackn owl edge t hat w e have not co ntracted or tra ns acted any business with the City or
an y person o r age ncy ac t in g fo r th e C ity, an d that we hav e no t ap peare d in re pr e sentation of a ny third party
before any bo ard . co m missi on or agency of the Ci ty w ithin the pas t two years other ma n as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line ; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\PurchasingWendor Registration\ 12 .28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm , nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded , other than the following :
_________ ----: ___ ----: ______ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies , if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm .
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me o r the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregOing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information , and belief the facts stated in it are true and this firm is
in full compliance with the above reqUirements.
Signature: _____________ _
Print Name & Title: _______________ _
Date: ____________ _
Sec. 8A-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." Th is section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical co ndu ct and behavio r fo r a ll auton o mous personnel, quasi-judici al personn el, advisory
perso nne l, and departmental personnel. T he p ro vi sions o f this s ection shall be appli e d in a cum ulative manner. By
w ay of example. and not as a limitatio n, s ubse cti ons (c) an d (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes ofthis section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission .
(2) The term "au tonomous personnel" shall refer to t he members of auto n omous authorities, boards, and
agencies , such as t he city co mmuni ty r edeve lopm ent age ncy and the hea.lth facilities authority.
(3) The te,-m "quasi-ju dicial perso nnel" sha ll refer to the members o f the planni ng board, the environmental review
and preservation bo ard, the code enforceme nt board and such other individual s, boards and
agencies of the city as perform quasi-judicial functions .
(4) The term "advisory personnel" shall refer to the mem be rs of those city adVisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "d epartmental personne l" shall refer t o the city clerk, the city manager, department heads, the city
attorney, and all ass istants to the City clerk, city manager and City attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) Th e term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for s e rvices rendered or to be rendered.
(8) The term "contmll ing financia l interest" s hall refer to ownership, directly or indirectly, of ten percent or more
ohhe o uts t and ing capital stock In an y cor po rati o n or a dire ct o r indi rect interest of ten percent or more in a firm ,
partnershi p. o r other bus in ess enti ty at the time of t r a ns acting business with the City .
(9) The term "immed iate family" shall refer to the spouse, parents, children, brothers, and sisters of the person
involved .
(10) The term "tra nsa ct any business" shall refe r to the purchase 01' sale by the city of s p ecific goods or services
for consideration and to submitting a bid, a proposal in res po nse to a Solicitaci on , a st atement of qualifications in
response to a request by the city, or entering into contract negotiations fo r the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
N o person in cl uded in t he t erms defi ned in paragra phs (b)( I) th rough (6 ) and in paragraph (b)(9) shall enter into
any contract or t~ansac t an y b us ine ss in w hich that person or a memb er o f th e imm edi ate family has a financial
int eres t. direct or in d irect w it h the city or any person CII" agency acting for the city, and any such contract,
agreement o r bus ines s engagement enter ed in violat ion of this subs e ction shall render the transaction voidable .
W illful violation of t hi s subsection shall con stitute malfe asance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bon ds . anticipati on notes or other securities that may be issued by the city through
underwr iters or d ireccl y fr o m time to time.
Wai ver of prohibition . The req Uirem ents of this subsectjo n may be waived fo r a particular transaction only by four
affirm ative votes of the city commi ssion after public hea!ring upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a City person as defined in paragraphs (b)(2),
(3) and (4);
(2) T he proposal has been su bmi t ted by a perso n or firm offe ring services within the scope of the practice of
architecture, professional engineeri ng, or regi stered land surveying, as defined by the laws of the s tate an d
pu rs uant to the pro visions of th e Cons ultants' Com pet itive Negotiation Act, and when the proposal has been
subm itted by a city person defined in paragra phs (b )(2) , (3) and (4 );
(3) The pro perty or servic es to be invol ved in the pro posed transactio n are unique an d the dty cannot avail itself
of such pro perty or services without en teri ng a transa ction which w ould viol ate this s ubs ection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective t r ansactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining tb the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6 ) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm , corporation, partnership or business entity in which that
person or any member of the immed ia t e family has a controlling fin a.nci al interest, di r ect or in direct. with the city
or any person or agency acting for th e ci ty. and any such contract. agree ment or business engagem ent entered in
violation of this subsection shall render the transaction voidable . The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commis si on if that person has any of t he following relationships with any of the
persons or entitles which would be or m ight be d irectly or in directly affe cted by any action of the city comm ission :
(I) Officer. director. partner. of counsel. consultant, employee. fiduciary. or beneficiary; or
(2) Stockh old er, bo ndhold er. de bt o r . o r credito r. if in any instance t he transaction Or matter would affec t the
person define d in pa ragraph (b)(I) in a man ner disti nct from the manner in w hich it would affe ct t he pu bli c
gener ally . Any person included in the term define.d in paragr aph (b}(l ) w ho ha s an y o fthe sp ecified relationshi ps or
w ho w ou ld o r mig ht . direct ly or ind irec tly. realize a p rofit by the action of th e city commi ss io n shall not vote on or
participate in any way in the matter.
(£) Gifts.
(I) Definition . The term "gift" sha ll refer to the t ran sfe r o f anything of econom ic value. whether in the form of
mo ney , service. loan. travel. entertainment. hospica li t y, item . or promise. or in any other form . without
adequate and lawful consideration .
(2 ) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household . unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books. reports, periodicals. or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(l) through (6) shall ne ither solicit nor deman d an y gift . It is
also unlawful for any person o r entity to offer. give or ag r ee to give to any person included in the terms defined in
paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity. any gift for or because of:
a. An official public action taken. or to be taken. or which could be taken . or an omission or failure to take a public
action;
b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken .
(4) Disclosure . Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift . or
series of gifts from anyone person or entity. having a value in excess of $25.00 . The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12 . Florida Statutes. for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the ter ms defined in paragraphs (b)( I) through (6) be employed by a corporation.
firm. partnership or business entity in which that person or the immediate family does not have a controlling
financial interest. and should the corporation. firm . partnership or business entity have substantial business
commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency.
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official POSition prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official pos ition . nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city. nor shall that person ever use such information. directly or indirectly. for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impa ir independence of judgment in the performance of any public duties .
(j) Prohibition on outside employment.
(I) No person included in the ter ms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city. except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional. or
otherwise. where city time. equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary. detrimental. or adverse to the inter est of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required . Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d . Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment fo r any person. firm . corporation. or entity
other than the city. or any of its agenCies or instrumentalities. shall file. under oath. an annual report indicating the
source of the outside employment. the nature of the work being done and any amount of money or other
cons iderati on rec ei ved by t he e mpl o yee fr om the outside employment. City employee reports shall be filed with
the City cl erk. The reports shall be avail able at a reasonable time and place fo r inspection by the public . The city
manage r may req uire month ly re ports from ind ividual employees or groups of employees for good cause.
(1<) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear befor e any city board or
agency and make a presentation on behalf of a third person with respect to any matter. license , contract.
certificate, ruling , decision . opinion. rate sched ule. franch ise, or other benefit sought by the th ird person. Nor shall
the person recei ve any compensatIon o r gift , directly or ind irectly', f0 r services render ed [0 a third person , who
has applied for or is seeking some benefit from the city or a City agency, in connection with the particular benefit
sought by the th ird perso n. N o r shall the person appear in any court or before any administrative tri bunal as
counselor legal advisor co a parry who seeks lega l relief from the city or a city agency through the su it in question .
(2) No person included in the terms defined in paragraphs (b)(2), (3 ) and (4) shall appear before the city
commi ssion or agency on which the per son serv es, either directly or through an associate, and make a
presentation o n behalf of a thil-d person wi th respect to any matter, license , con·tract, certificate. r uling. decis ion ,
opinion . rate schedu le , franchise . or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly , for services rend er ed to a third party w ho has app lied for or is seeking
some benefit from the city commission or agency on wh ich the person serves in connection with the partIcu lar
benefit sought by the t h ird party. N or shall the pe rson appeal' in any court or before any administrative tribuna l as
counselor legal ad visor t o a third party who seeks lega l relief from the cicy commission or agency on which suc h
per son serve s through the suit in question .
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) th rough (6) shall participate in any offi ci al acti on
directl y or indirectly affecting a bus iness in w hich that person or any member of the immediate famil y has a
financi al inte rest. A financial interest is define d in chis subsection to include . but not be li mited to, an y direct or
ind irect interest in any investment. equity, or debt.
(n) Acquiring financial interests.
No per son included in the terms defin ed in paragra phs (b)( I) through (6) shall acqu ire a financial interest in a
project, busine ss entity or property at a t ime when the pe rson beli eves or has reason to believe that the fin anci al
interest may be directly affected by offi ci al actions 01-by official actions by the city or city agency of which the
person is an official , office r or employee.
(0) Recommending professional services.
N o person included in the t e rms defined in paragraphs (b)( I) through (4 ) may r ecom mend the services of any
la wyer 0r law fi r m, architect or arch itectu ral firm . publ ic relations firm , or any other person o r fi rm , profeSSional
or otherwise. to assist in any transaction involving the city or any of its agencies . prOVided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers. or employees .
(p) Continuing application after city service.
(I) No person in cluded in the terms defined in parag r a phs (b)( I). (5) and (6 ) sh all , for a perio d of two years after
his or her city se rv ic e or empl oyment has ceased, lobby any city official [as defined in pa ragr a phs
(b)( I) through (6)] in connection with any judicial o r other proceeding. application . Solicitation. RFQ , bid , request
for ruling or other determination, contract, claim, controversy. charge . accus ation, arrest. or other particu lar
subject matter In which ,the city or one of its agencies is a party or has any interest w hatever. whet he r direct or
in direct. Nothing contained in this subsection shall prohibit any indiv idua l from submitting a routine admin istrative
request or application t o a city department or agency du ri ng the two-year period after his or her service has
ce ased .
(2) The provisions of the subsection sha ll not appl y to persons who become empl oyed by governmental en t ities,
50 I (c )(3) non -profit entities or educational institu tions or entities , and who lobby on behalf of those entities in
their official capacities .
(3) The provis io ns of th is sub section s hall apply to all persons described in paragraph (p)( I) whos e city s e rvice or
em ployment cea sed after the effective date of the ordinance from wh ich this secti on deri ves.
(4) No person described in paragraph (p)(l) whose city service or employment ceased wi t hin two yea r s prior to
the effe ctive date of this ordina nce sh all for a pe r iod of two years after his or her service 01' empl o yment enter
into a lobbying contract to lobby any ci ty officia l in connection with any subject described in paragraph (p)( I) in
wh ich the city or one of its agenc ies is a party or has any direct and substantial Interest; and in which he or she
participated dire ctly o r indirectly through decision , app roval . disapproval . r ecommendation . the rendering of
advice. investigation . or otherwise. during his or her city service or employment. A person panicipated "directly"
where he or she was substantially in volved in the particulal' subject matter through decis ion , approval , disapproval .
recommendation. the rendering of advice. invest igation . or otherwise. during his or her city service or
employment:. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject maner through decision . app roval. disapproval . recommendation. the rendering of advice , invest.igation . or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person in cl uded in the terms defined in pal'agraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of int.erest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person. may submit to the City attorney a full wdtten statement of the facts and questions . The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
PRESENTATION TEAM
OECLARA TION/AFFIOAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 • 03
This affidavit is not requ ired for compli ance with the City's Sol icita tion; however, it may be used to avoid
the need to register mem bers of your prese ntation team as lo b byists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation , selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
fil ed by staff with the Cl erk's office at the tim e the co mmittee's proposal is submitted to the City Manager.
For the purpo se of t h is subsection on ly, th e listed me mbers of the presentation team, with the exception
of any pe rson otherwise require d t o regis t er as a lo bbyist, must not be requi red to pay any registration
fees. No pe r son may appear before any committee on behalf of an any one unless he or she has been
listed as part ofthe f i rm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees .
Pursuant to '92.525(2}, Florida Statutes , the undersigned , ______ -.1, makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appea r before any committ ee on behalf of anyone unless he
or she has been listed as part of the firm's present ation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME
For the purpose of this Affidavit of Representation only, the listed mem bers of the pres enta tion team,
with the exception of any person otherwise require d t o register as a lobbyist , will not be requ ired to pay
any re gistratio n f ees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the co mmittee's proposal is subm itted to the City as part ofthe procurement process.
Under penalt ies of perj ury, I decl are that I have read the f oregoi ng decl arat ion and that the facts stated
in it are true and specifically that the persons listed above are th e mem bers of the prese ntation team of
the entity listed below.
Executed this ___ day of ________ " 20 _"
Signature of Representative
Print Name and Title Print name of entity being represented .
END OF SECTION
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents .
You are hereby notified that your Proposal has been ac cepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award .
Yo u are req uired by the Instruc tions to Respondents to execute t he Contract Documents at the time of sub mittal
of propo sa l an d to furn ish a ny requ ired bo ndi ng, inclu ding a Performance Bond , Pa yme nt Bend . and insu rance
do cuments (see Proposa l Sub mittal C hecklist Form) wi thin ten (1 0) day from the date of th is noti ce to you .
Notwithstanding the fact that you have agreed, by responding t o the Solicitation , to the terms of the contract
attached to the Solic itation package, if you fail to execute sa id Contract and to furnish said bonds, the requ ired
insurance documentation within ten (10) calendar days from the date of th is notice, the CITY will have the right and
be e nti tl e d, in its sale and absolute discretion, to dis q ualify the Pro posal. revoke the award and retain the
Pr oposal/Bid Bond/Security. Please be ad vi sed that if t h e con tract price exceeds $5,000.00 or if it is a multi-year
contract requiring pa yment out of more tha.n one year's a ppropriation , the award and the contract mUSt be approved
by t he C ity Commission befo i'e it is bindi ng o n the C ity . Mo reover, the award is subject to rescission if the City
Manager determines that it is no t in t he best interest of t he City.
BY : ____________________________ __
Shari Kamali
City Manager
Dated this __ day of _____________ , 20 ___
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day of __________ , 20 __ .
BY :
TITLE :
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE :
PROJECT DESCRIPTION: PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Agreement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work, within N/A calendar days from the
Commencement Date.
City of South Miami
BY: ______________________ __
(print name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by __________________________ _
on this ____ day of ______________ , 20 __ .
BY:
TITLE: ____________________ _
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans, including privately prepared traffic impact analyses,
vehicular circulation plans , and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (bUilding and mise. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for misc. structures, retaining wall , culverts, bUilding
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
BUilding and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the BUilding Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and b iology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4 .5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (S PT) , Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims , change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings .
responding to Request for Information (RFI's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-m a nufactured materials, testing of materials,
monitoring conformance to construction pl ans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Publ ic Works Department, Miami-
Dade County Department of Environmental Resources Management and Mi ami -Dade County
Water and Sewer Department, the State of Florida Depa rtment of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable BUilding codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHM1AMIFLGOV/DOCUMENTCENTER/VIEW/3832/C
OMPREHENS'VE-PLAN-DIA-GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY 's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm 's Insurance Generally. The FIRM must prOVide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per cla im and $2,000 ,000 Annual Agg r egate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive Ge neral Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1.000.000.00) umbrella per occurrence combined single limit for Bodily
Injury Lia bility and Pr o pe rty Damage Liabi li ty. Umb r ell a coverage m ust be afforded on a fo r m no more
restrictive than the latest edition o f the Business Automobile Li a bil ity policy. without restrict ive
endorsements. as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must. at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR. as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable .
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other· acceptable insuran ce prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable. must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as prOVided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insur-ance policy, including the declaration page and all applicable endorsements and prOVide the
name. address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY. at its sole discretio n, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all reqUired
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as da mag es because of 'bodily
injury", 'propel·ty damage', or 'personal and advertising injury' and it will prOVide to the
City all of the coverage that is typically prOVided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium).
terminated, or materially mod ified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
€; If the FIRM is providing profeSSional services, such as would be prOVided by an architect;
engine e,', attorney, or accountant, to name a few, then in such event and in addition to the
above reqUirements, the FIRM must also prOVide Professional Liability Insurance on a Florida
approved form in the amount of $1.000,000 with deductible per claim if any. not to exceed 5%
of the lim it of liability providi ng for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents.
representatives. Sub Contractors or assigns. or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However. the FIRM may purchase Specific Project Professional Liability Insurance. in the
amount and under the terms specified above. which is also acceptable. No insura nce may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occulTing on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM .
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns . harmless from any and all damages , claims , liability. losses, claims. demands, suits,
fines. judgments or cost and expenses, including reas onable attorney's fees . paralegal fees and
investigative costs incidental there to and incurred prior t o . during or following any litigation. medi ation ,
arbitration and at all appellate levels. which may be suffered by. or accrue d against, charged to or
recoverable from the City of South Miami , its officers. affiliates, employees. successors and assigns , by
reason of any causes of actions or claim of any kind or nature, including claims for injury to. or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractorlsub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them , arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
emp loye es. successors and assi gns, Including their attorney's fees, in the defense of any action in law or
equ ity brought against them and ariSing from the negligent error, omission. or act of FIRM. its Sub-
contractor/sub-consu ltant or any of their agents, representatives, employees, or ass igns , and/or arisi ng
out of, or Incident to, this Agreement, or incident to or resulti ng from the performance or non-
performance of FIRM's obl iga t ions under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers. affiliates, employees.
successors and assigns are to be held liable or responsible for any cla i ms, including the costs and
expenses of defending such claims which may I·esult from or arise out of actions or omissions of FIRM,
its contractol-/sub-contractorlsub-consultant or any of the ir age nts, representatives. employees, or
assi gns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In r eview ing. approving, or rejecting any subm issions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM , its contractor/sub-contractorlsub-consultant or any of their agents , representatives, employees.
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However. as to design profeSSional contracts. and pursuant to Section 725.08 (I), Flo rida
Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which , indemnification is requi red. Thus , the des ign professional's obligations
as to the City and its agencies, as well as to its officers and employees , is to indemnify and hold them
harmless from liabilities. damages , losses , and costs. including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligenc e. recklessness , or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design profeSSional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kam ali
City Manager
City of South Miami
6130 Sunset D r ive
South Miami , FL 33143
I . If this Pr oposal is accepted. the unders igned Res pon de nt ag ,·ees to enter into a Contract wi th the C ity of
So uth Miami in th e fo r m in cluded in t his Solicita t io n Pac ka ge an d t o perform and furnish all w o rk as specified
or in d ica ted in th is Solicitation , in clud ing as set fo rth in E.xhib lt I Scope of Services, Attachment A, & 8,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent acc ept s all of the terms and conditi ons of the So licitation and Ins truct ion s to Respondents,
including without limitati on those dealing with t he d is posit ion of Proposal/Bi d Bond, jf req uir e d. This
Pr oposal will r emain subject to acceptance for 180 ca lendar days after the day of t he Pro posal O peni ng .
The Re spon dent, by si gning and s ubmitting thi s proposa l, agrees t o all o f th e terms and conditio ns of t he
fo r m of contract that is a part of the Sol icitati o n package wi th a ppropriate changes to co nform t o the
information contained in this Bid Fo rm . Res pon dent agrees to si gn and su bmit the Bonds. if requ ired by
this Solicitation. required insurance documents, and other documents requ ired by the Solicitation ,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated :
b. Res p ondent has familiarized himsel f wi th the nature and ex tent of the Contract Documents, the proposed
w ork, site. locality , and all local cond itions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has d iscovered
in the Contract Documents and , if any conflicts, errors or discrepancies have been found and notice
give n, the Res pon dent represents, by submitting its proposal to the City, that the Respond ent has
r eceived s uffici ent noti ce of the resolution thereof from the C ity, that such resolution is acce pta ble to
Respondent and that the Respondent waives any claim regarding the conflicts , errors or discrepancies .
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
co r poration and Is no t submitted p ursuant to an y agreement or ru les of any group, as sociation.
o rganization, o r co rporation ; Res po ndent has not di re ctly or indirectly induced or solicited an y other
Respondent to submit a fa lse or sham Proposal; Res pondent ha s no t solicited or induced any perso n. fi r m
o r corporarion to refrain fr om r es ponding; and Respond ent has not s o ught by collus io n o r otherwise t o
obtain for itself any advantage over any other Resp ondent or o ver the CITY.
4 . Insert the following information for future communication with you concerning this Proposal :
RESPONDENT:
Address:
Telephone:
Facsimile :
Contact Person
S. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solic itation Package .
6. If a Respondent's Cost & Tec hnical Propo sal is r eq u ired by the So licitati o nJ Res pondent her'eby certi fies under
penalti e s of perjury that all of t he facts and responses to the q uestio ns posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicicatio n, ar'e true and correct an d are hereby ad o pted
as part of this Respondenrs Bid Form . and are made a part o f th is propo sal, by r eference.
7. T his pro posal is su bmitted by whose address is ________ _
__________ . whose telephone n um be r" is , whose fax nu mber is __
______ -'. whose email address is and w hose authorized
representative signing this Bid Fo rm is w hose title is _____ .
8 . By su bm itting this proposa l. I, fo r mysel f and on behalf o f t he business that I represent. hereby agree t o the
terms of the form of contract contained in the So licitation pa cka ge and agree to be bound by t hose terms.
with an y appro priate bl ank boxes . if an y, checked and any bla nk line s filled in w ith the appropriate
information contained in the Solicitation Documents and this Proposal. or such information that the C ity
and I have agreed up o n in the course of contract neg o tia t io ns and that ha s been confirm ed by t he Ci ty in
w ritin g. in clu din g e-mail confirmation. if any. I hereby certify un der pena lties of perjury that I am the la wfu l
representative of the busines s entity referenced in t hi s Bid Form, that I have authority to bi d for that en t ity ,
that I have auth o rity to sign contracts fo r that entity and bind it to th o se contract terms and that all of the
info rmatio n and "epresentations contained herein are true and correct.
Signature: _______________ _ Date of Execution : ___________ _
[Print s ignatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge . Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The critel-ia a re itemized with their respective weights for a maximum total of one hundred
(100) points pe r Evaluation Selection Commicree member. The evaluation facto'-s used for
determining qualifications for scoring and ranking, including average ranking order, include:
I. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subco ntractors, that will be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member rank each Respondent; #1 (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are ad ded and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent B is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent RankingOrder
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 I 3 2.50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presentations
Upon completion of ~he c r iteria evaluation indicated above by the Evaluation Selection
Comm ittee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and /or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the prel iminary rating and r ankings, and/or maintaining competition.
Upon completion of the oral presentati on(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals . as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III -Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and specialized services. in accordance with Exhibit I "Scope of Services," the City intends to
retain a maximum of five (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm . If those negotiations are
unsuccessful . negotiations will be opened with the next r anked firm . etc. Negotiations continue
un t il the City Manager has successfully completed negotiations w ith a maximum of five firms . each
of whom execute a contract with the City and be on the City's roster of profeSS ional consultants.
The fi r ms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this __ day of , 20 __ . by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMALI@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at , and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is quali fied and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein .
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contai ned, the parties agree as follows :
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Cont,-act Docu ments, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S 810 FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement . the documents
referenced in paragraph I above and the follow in g do cuments. as well as any attachments or exhib it s that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services , and the Insurance &
Indemnification Requi rements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forg oing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under th is Agreement on a date to be specified in a Notice to Proceed , or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years . Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of admin istering this
Agreement on behalf of the CITY is the City Manage r ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager . The Primary Contact Person fo r
CONSULTANT and his/he r contact information is as follows: Name: e-mail:
: Fax: Street Address: ---------------------------------------
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANTs compensation for CONSULTANTs performance
under the terms and provisions of this Agreement (hereinafter referr ed to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years, with One (I) Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involVing or arising out of this Agreement is in Miam i-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or t he goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every prOV ision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses wer e included herein.
II) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality .
12) Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute.
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14) Jury Trial Waiver: The parties waive their right to jury trial.
IS) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in w r iting. signed by both parties hereto
and if this Agreement is requir-ed to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119 .070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency 's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public record s that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency ; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be prOVided to the public agency. upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency .
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is reqUired or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission). facsimile transmission or certified mail, with return
receipt requested. and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or. if by certified mail , the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise. the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager.
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have , and have exercised, the required corporate power and that they have complied with all applicable
legal r equirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its ter ms, conditions and provisions .
19) Grant Requirements. If the Wor k is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's r esponsib ility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are o therwise unavaila bl e in any fi sca l perio d fo r payments d ue under this
Agreement, then the City, upon written noti ce to CONSULTANT , o r its assignee, of su ch occurrence,
will have the unqualified right to terminate the contra ct w ithout any penalty or e x pe ns e . No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSU L T ANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially sim ilar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, prOVide the same
go o ds or services with the same comparable qu antities under s imilar terms, conditi ons, wages, benefits,
Insurance coverage and any o ther material cost fa ctors, CONSULTANT im mediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
w ei ght, domestic partne rship status, labor o rgani zation membershi p, politica l affiliati on. nati o nal origin,
age , dis a bility o r any other classification that is fe d erall y defi ned as a "protected class " and
CONSULTANT must take all steps necessary to prevent s uch disc ri mination by a ll of its emp loyees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the follOWing clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021 . The CONSULTANT and all subcontractors and subconsultants must comply with and
be bound by the folloWing:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
CONSULTANT: ____________ _
Witnessed:
By: ___________ _
ATTESTED:
By: ___________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: ____________________ _
City Attorney
By: ____________________________ __
[print name and title of signatory]
CITY OF SOUTH MIAMI
By; __________ _
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "0";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H ."
B. Title VI Requ irements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department ofthe Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the follOWing provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English ProfiCiency" in any program or activity receiving federal financial assistance, 42
U.S.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations , 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Disabilities Act ReqUirements. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101 ~336, 42 U.S.c. §§ 1210 I et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.s.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Discrim ination Act of 1975. Consultant comply with the requirements
of 42 U.s.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protect ions fur WhistJeblowers.
(I) In accordance with 41 U.s.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for discloSing to any of the list of
persons or entities prOVided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
F. Compliance with Imm igrati on and Nat ionality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts ReqUired. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publ ication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U .S. Department of the Treasury."
J. Reporting Conflict of Interests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance w ith the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation , gender identity, or national origin . Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d . selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
proviSions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
u.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I '246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntraa Work Ho urs and Safety Sta ndards Aa Compliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.C 370 I through 3708), including as follows:
(I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics ·
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages . In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages . Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section .
(3)Withholding for unpaid wages and liqUidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C Clea n Air Ad Co mplian ce . During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq., as amended) and specifically
agrees as follows :
(I) The Consultant agrees to comply w it h all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended , 42 U.S.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office .
(3) The Consultant ag rees to include these requirements in each su bc ont ra ct exceeding
$100,000 financed in whole or in part with Federal assi stance in conn ection w it h this
Agreement.
D. Feder al Water Polluti on Co ntro l Act Compliance . During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.c. §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspension and Debarment Comp liance . During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is .l ater
determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended. proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery. bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (31 U.s.c. § 1352. as amended!. During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (3 I U.S.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any . person for influenCing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Copeland "Anti-Kickback " Act. During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.S.c. § 874, 40 U.S.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H. Procurement of Recovered Materials . Consultant comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov!smm/comprehensiveprocurement-gu ideli n e-cpg-program .
I. Domestic Prefe rences fOr Procurements. To the greatest extent practicable, Consultant and
its subcontractors prOVide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
"Domestic preferences for procurements."
J.2 CFR Subpa rt F -Audit ReqUirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant prOVide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices . T he City and Consultant agree that the names and addresses for any notices
reqUired by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time. END OF SECTION
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set for opening of bids . A notice of intent to file a protest is
considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in
connection with the recommended award of a contract and who wishes to protest the award, shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the recommendation is considered for action . A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered,
when stamped with the City Clerk's receipt stamp containing the date and time of receipt.
Protest of solicitation . A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of
intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter
and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office
must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must
also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in
cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office
and, if payment is in cash , a receipt is issued with the date of the receipt of payment, or if payment is by
check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office shOWing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which
the protest is based, it shall describe and attach all pertinent documents and evidence relevant and
material to the protest and it shall be accompanied by any required filing. The basis for review of the
protest shall be the documents and other evidence described in and attached to the Protest Letter and
no facts, grounds, documentation, or other evidence not specifically described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Computation of time . No time will be added to the above time limits for service by mail. The last day
of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which
event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
Challenges . The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall
issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
Manager may then, submit a recommendation to the City Commission for approval or disapproval of
the protest, resolve the protest without submission to the City Commission, or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed
pursuant to the requirements of this section, the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
NotWithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY; __________________________ ___
Shari Kamali
City Manager
Dated this __ day of ______ -', 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ____ day of __________ , 20 __ .
BY;
TITLE;
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
Professional General Engineering & Architectural Services RFQ
#PW2022-03
Wage Rates Summary
Job Classification
Principal
Sr. Project Manager
Project Manager
Senior Engineer
Senior Planner
Planner
Senior Traffic Engineer
Traffic Engineer
Senior Designer / Engineer
Designer
Engineering Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction Inspector
Construction Inspector
Senior Landscape Architect
Landscape Architect
Landscape Architect Intern
Arborist
Utility Coordinator
Surveyor / Mapper
Survey Technician
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Senior Certified Bridge Inspector / Diver
Certified Bridge Inspector / Diver
Fire Protection Engineer
Plumbing Engineer
Mechanical Engineer
Electrical Engineer
Geotechnical Engineer
Geologist
Environmental Scientist
Senior Administrative Assistant
Clerical
EXP Accepted Rates
$210.00
$190.00
$169.00
$160.00
$145.00
$105.00
$150.00
$110.00
$115.00
$104.00
$97.50
$97 .50
$84.50
$100.00
$110.00
$97.50
$155.00
$135.00
$91.00
$97 .50
$115 .00
$110.50
$78 .00
$130.00
$140.00
$165.00
$150.00
$115.00
$117.00
$117.00
$117 .00
$117.00
$150.00
$117 .00
$105.00
$84.50
$58.50
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May. 2022. by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMAU@SOUTHMIAMIFL.GOV
and STANTEC CONSULTING SERVICES. INC., with an office and principal place of business
located at 90 I Ponce de Leon Bouleval'"d. suite 900. Cora] Gables. FL 33134 and E-mail address
of sean .c ompel@stantec.com Facsimile transmission number of 305/445-3366 (her:einafter called the
"COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WH EREAS, the CONSU L T ANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to prOVide the reqUired services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to prOVide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows :
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSU L T ANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement. the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification ReqUirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3} Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years . Time
is of the essence.
4} Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: Sean Compel. P.E. e-mail :; of
sean .compel@stantec.com Fax: 305/445-3366 Street Address: 90 I Ponce de Leon Boulevard.
suite 900. Coral Gables. FL 33134.
5} Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7} Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I) Two (2) Year Option-to-Renew, for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8} Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9} Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
I O} Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I} Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality .
12} Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13}lnsurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s .119 .070 I) while providing goods and services on behalf
of the CITY and CONSU L TANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency 's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency ; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the pUblic agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed . If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax : (305) 341-0584
E-mail : tpepe@southmiamifl.gov
Sean Compel
Stantec Consulting Services Inc.
901 Ponce de Leon Blvd. Ste. 900
Coral Gables . FL 33134
18) Corporate Authority. The CONSU LTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and .
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach ofthis Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSU L T ANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
tO,the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection. requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor. subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties. have executed this Agreement. on or before the
date first above written. with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
. ~d ~ ~ONSULTA ~"jec CCllulb'qJ J'(>rvReJ JnC ·
W itnes sed : . ~ J ( '/''''M"I/J.. /J
By: ~ By: ---+",~"""""Lj~~'P7'IaL«L..--------
L-J S 1 '/
ATTESTED, ~,
By: ~ "l '\ f Nken~~
City Clerk
CITY OF SOUTH MIAMI
BY:~~~·
Shari Kamali
City Manager
Stantec
FORMS
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & a,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (I O) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
1 01/07/2022
Addendum No. 2 Dated: -=0....:.1:....:/2:..:.0:....:/2:..:.0.=:22=---___ _
3 01/26/2022
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Stantec Consulting Services Inc.
City of South Miami -Professional General Engineering and Architectural Services -RFQ #PW2022 -03 36
Stantec
FORMS
Address: 901 Ponce de Leon Boulevard. Suite 900. Coral Gables. Florida 33134
Telephone: 305-445-2900
Facsimile: 305-445-3366
Contact Person Sean Compel. PE. ENV Sp, LEED AP
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation . are true and correct and are hereby adopted
as part of this Respondents Bid Form. and are made a part of this proposal, by reference.
7 . This proposal is submitted by St antec Con s ulting Ser vices Inc . whose address is 901 Ponce de Leon Boulevard,
Suite 900 , Coral Ga bl es, FL 33 134 . whose telephone number is 305-445-2900 . whose fax number is __
305-445-3366 , whose email address is sean compel@slantec com and whose authorized
representative signing this Bid Form is RamO n Castella, PE. EN V Sp, LE ED AP whose title is Vice President
8 . By submitting this proposal, I. for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal , or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
~'r' /.d/~
Signature: _':::~=--_!:k::..==~:....-....:...:...-=-__ ' ____ _
Ramon Castella. PE . ENV Sp, LEED AP
[Print signatory's name]
Date of Execution: February 8. 2022
END OF SECTION
Ci ty of So uth Miam i -Profess ional Gen eral Engi ne eli ng and Arch ilectural Se rvic es· RFQ II PW2022 -03 37
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the cqnsultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
41 of 69
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and misc. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, bUilding
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the BUilding Official charged with issuing permits. Consultant will attend meetings
42 of 69
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting deSign, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop draWings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
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In order to be considered. consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation. Miami-Dade County Public Works Department. Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department. the State of Florida Department of Health. the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable BUilding codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 • 03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOV/DOCUMENTCENTER1VIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
45 of 69
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable .
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM 's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generall y . The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws . In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance .
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a bUilding that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
. section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D . Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY . The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
''The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium).
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail. with proof of delivery to the City."
f.: If the FIRM is prOViding profeSSional services, such as would be provided by an architect.
engineer. attorney. or accountant. to name a few. then in such event and in addition to the
above requirements. the FIRM must also provide Professional liability Insurance on a Florida
approved form in the amount of $1.000.000 with deductible per claim if any. not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents.
representatives. Sub Contractors or assigns. or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However. the FIRM may purchase Specific Project Professional liability Insurance. in the
amount and under the terms specified above. which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion .
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM .
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees , paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation , mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns , and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D . FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM ,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractorlsub-contractorlsub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to prOVide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required . Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses , and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement. Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such. Consultant comply with all laws. rules.
regulations. policies. and gUidelines (including any subsequent amendments to such laws.
regulations. policies. and guidelines) required by the American Rescue Plan Act. including.
without limitation:
i. Uniform Administrative Requirements. Cost Principles. and Audit Requirements for
Federal Awards (2 CFR Part 200). as applicable;
ii. Interim Final Rule. attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019). attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964. attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions.
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement.
attached hereto as Exhibit "H."
B. Title VI Requ ireme nts. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964. in the form attached hereto as
Exhibit "F." to the U.S . Department of the Treasury. Towards that end. Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F. and also adhere to the following provisions:
(I) The Consultant and its subcontractors. successors. transferees. and assignees
comply with Title VI of the Civil Rights Act of 1964. which prohibits recipients of federal
financial assistance from excluding from a program or activity. denying benefits of. or
otherwise discriminating against a person on the basis of race. color. or national origin
(42 U.s.c. § 2000d et seq.). as implemented by the Department of the Treasury's Title
VI regulations. 31 CFR Part 22. which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance. 42
u.S.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Disabilities Act Requirements. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.s.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, pUblic accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 ofthe Rehabilitation Act of 1973 (29 U.S.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. A~e Discrimination Act of 1975. Consultant comply with the requirements
of 42 U.s.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections fOr Whistleblowe rs .
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge, demote. or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a feder"al contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
follOWing:
i. A Member of Congress or a representative of a committee of Congress .
ii. An Inspector General.
iii. The Government Accountability Office .
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 192 17, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Drivinf Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other guidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative ReqUirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the follOWing:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will , in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion , sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing. or action, including an investigati'on
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information .
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
11246 of September 24 , 1965. and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules , regulations , or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntra a Wo rk Hours an d Sa fet y Sta ndar ds Aa Co mplian ce. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I )Overtime requirements . No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withholding for unpaid wages and liquidated damages . The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be Withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section .
(4)Subcontraas. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C Clean Air Act Compliance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.s.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pollution Control Act 'Compliance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.C §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.C 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspension and Debarment Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is reqUired to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 CF.R. pt. 180, subpart
C and 2 CF.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (31 U.s.c. § 1352 . as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the prOVisions of the Byrd
Anti-Lobbying Amendment (31 U.S.C § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.C 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Cop e/and "Anti-Kic k ba ck " Act . During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.s.c. § 874, 40 U.s.c. § 3145, and the requirements of 29
C.F .R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as prOVided in 29
C.F.R. § 5.12 .
H. Procur emen t of Recovere d Mate ria/s. Consultant comply with the provisions of 2 C.F .R.323 ,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price .
Information about this requirement, along with the list of EPA-designated items, is available at
EPA 's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smmlcomprehens iveproc urement-guide line-cpg-pr o gram .
I. Dom estic Preferen ces fo r Proc urements . To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
"Domestic preferences for procurements."
J.2 CFR Su bpart F -Audi t Requ irements . Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit ReqUirements ("Federal Audit Provisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General , the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant prOVide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first . Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
Sout~iami
THE CITY OF PI.EASANT liVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8, 2022 at lOAM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act, JJ the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans andlor
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https:llnecwork.demandstar coml See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on February 8, 2022 and any Proposal received by the City through DemandStar after 10:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E·BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https://zoom .us/j/3056636339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID : 3056636339.
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON·MANDATORY PRE·BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at https;llzoom uslj/30S6636339 ,or listen to the meeting on a dedicated phone line by dialing
+ 1-786-635-1 003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the
following message.
CQVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please click here to create your account and
get notified of bidding opportunities.
Create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
~:~DEMANDSTAR Fo,"~.... ... .... m...... I "'0" ~ "."Up
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT "
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisement! Distribution of Solicitation & Cone of Silence
begins
NON-MANDATORY PRE-BID MEETING
The Procurement Division will conduct the NON-
MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at httl?s :/I zoom .us!j/3056636339
,or listen to the meeting on a dedicated phone line by dialing + 1-
786-635-1003 Meeting ID: 3056636339.
Deadline to Submit Questions
Deadline to City Responses to Questions
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
httos:llnetwork.demandstar.coml
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:llzoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
Projected Announcement of selected Contractor/Cone of
Silence ends
END OF SECTION
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2 , Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment, and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms,
and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3, Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation . The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4 . Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7. The terms, provisions , conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation .
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulicl<@southmiamifl .gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method wher eby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitatio n
Specifications" or "Solicitation") by U .S. mail, e-mail, or other delivery method convenient to t he City and th e
City will notify all prospective firms via the City's website. It is the responsibil ity of the Respondent to keep
apprised of the publishing of addenda on the City's website .
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of igno rance or
the need for additional information will exempt a Respond ent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advis ed that this Request for Propos als is subject to the "Cone of Silence," in
accordance With Section SA -7 , o f the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section BA-7, has been duplicated at the end of these instructions.
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provis ion of goods or servic es for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or mee tings scheduled through the Purch asing Division , which are for the
purposes of obtainl ng addition al or clarify ing inform ation.
13. Lo bbying. "Lobbyist" means all persons (i ncluding o fficers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retai ned by a principal (incl uding an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission ; (2) any action , decision, recommendation of the City Manager or
any City boar d or committee; or (3) any action, decision or recommendation of City personnel during the t ime
period of the entire decision-making process on such action, decision or recommendation which foreseeably
w ill be heard or reviewed by the C ity Commission, o r a City board or committee, All firms and their agents
who intend co submit, or who su bmitted , E-bids 01-res pons es for this Soli citation, are hereby placed on formal
notice that neither City Commissioners , candidates for City Commissioner or any emplo yee of the City of
South Miami are to be lobbied either individually o r collecti vely concerning this Soli citation . Contact may only
be made through regularly scheduled Commission meetings, or meetings sch eduled t hrough the Pu rchasing
Division, which are for the purposes of obtainin g additio nal o r clarifying inform ation or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, th e presentation team may avoid formal regi stration by complying with secti on 8A-S (c) (9), of the
City's Cod e of O rdinances. A presentation team affida vit is prOVided with this solici tati on that may be used to
comply with presentations. if a pplicable . Anyo ne who submits a proposal , whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section 8A-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project . The City,
however, reserves the right, in its sole discretion, to do any of the following :
a) to reject any and all submitted Responses and to further define or limit the scope of the award .
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects .
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
j) to award the Project. and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16 . Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink: all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable" or UNA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal ,
the following documents :
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this Solicitation the following applies :
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) 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
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits : The successful Respondent must assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code. Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond. if required for
this Project.
20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract. or an award
of the contract is made before compliance with this provision. the failure to fully and satisfactorily comply with
the City;s bonding, if required for this project. and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent. by submitting a Proposal. thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights : Respondent warrants that as to the manufacturing. producing. or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract. both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation. grants to the City the authority, on the
Respondent's behalf. to inserted, into any blank spaces in the contract documents. information obtained from
the proposal and. at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract. after the appropriate information has
been inserted. as well as for any and all purposes. including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City. at its sole discretion. reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price.
responsibility and responsiveness of the Respondent, 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.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended.
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law. the City
and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion . The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements"
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will
be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation : Failure on the part of the Respondent to comply with the conditions, specifications , requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond , each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith . In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City. the City may require that
the Respondent prOVides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida.
29.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum .
29.3. Each Payment bond must guarantee the full payment of all suppliers. material man. laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
29 .5 . Pursuant to the requirements of Section 255 .05, Florida Statutes. Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond.
3 I. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal , or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids.
32. Time of Completion : The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package .
34. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations . Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members, or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
37. E.-bid Protest Procedure. See attached E.XHIBIT 7.
38. E.valuation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as E.XHIBIT 4.
39. Availability of Contract -Any Governmental or quaSi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws , rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41. Most Favored Public Entity . Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS . A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the un redacted document contains confidential information . If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
43. Definitions. The following definitions will govern the interpretation of this RFQ:
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
44 . Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6 I 30 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined . If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised.
46. Rescind the Award . The City reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and, by responding to this RFQ, Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami , its residents
or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager.
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided . For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations . Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
49. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees. agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees. agents, subcontractors or
suppliers are or may become engaged . Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" will become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is
provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope
of Services. NotWithstanding the foregoing, the Respondent hereby grants, and must require that its
subcontractors and suppliers grant, if the City so desires , a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder. to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclUSively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality),
height, weight, domestic partnership status, labor organization membership, political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. BA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFp lI
), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation, or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation . At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall : (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation .
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff. are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative.
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty prOVided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agency/firm, address, telephone number, name of contact
person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCH ITE CTURAL SERVICES RFQ #PW2022 -03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions , and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above .
Response to the Solic itation: This section , in cluding the Cover Letter and Executive
Summary, should summarize the key points of your subm ittal. limit t o one (I) to
FIFTEEN (15) pages. Response to the Solic itat ion must include the follOWing .
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services. "
2. Detailed work plan/project approach and schedule deSigned to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person.
4 . In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with
engagements of a similar scope includ ing a summary of prior work experience and
competence in undertaking engagements of this type . Exper ience shown should be of
the lead project personnel who will be aSSigned to the City 's project and will routinely
be interfacing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm. Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b . Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals' relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfi"ment of a" solicitation requirements listed is mandatory for
consideration of response to the solicitation . Additional documents may be required and, if so, they wi" be identified
in an addendum to this Solicitation . The response must include the following items :
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City wi" only receive submittals online and electronica"y through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https :llnetwork.deman ds tar.coml The City, at its dis creti o n, may
reques t hard copies o f propo sals re cei ved from a specific Respondent or a"
X Respondents.
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents E.XHIBIT 2
X Respondents Bid/Response Form. E.XHIB/T 3
Signed Professional Services Contract Documents (A" -including General
X Conditions and Supplementary Conditions , if attached) E.XHIBIT 5
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Pr incipal
X Suppliers
X Non-Co"usion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Confor mance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date: _________________ _
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address :
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4 . The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
s. List and describe any :
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (S) years
6. Government References :
List other Government Agencies or QuaSi-Government Agencies for which you have done business within
the past five (S) years .
Name of Agency:
Address :
Telephone No.:
Contact Person :
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Respondent must list all proposed subcontractors and subconsultant if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of S u bcontracto rlS u bco ns u Itant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFQ.
END OF SECTION
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
______________________ being first duly sworn, deposes and states that:
(I) He/ShelThey is/are the ________________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genUine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent.
firm , or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit. or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of , 20 ___ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
_______________________ and whose name(s) is/are Subscribed to the within
instrument, and he/shelthey acknowledge that he/shelthey executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC :
SEAL OF OFFICE :
(Name of Notary Public : Print, Stamp, or type as commissioned .)
Personally known to me, or
Personal identification :
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the provisions of Paragraph (2) (a) of Section 287. I 33 , Florida State Statutes -"A person o r affili ate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.0 17, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes . Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or
agent who is also an officer or employee of the City of South Miami o r its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287. I 33 (3) (a),
FLORIDA ST AT UT ES , ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS .
I. This sworn statement is submitted to
[print name of the public entity]
by ______________________________________________________________ __
[print individual 's name and title]
for __________________________________________________________________________ _
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
-----------------------------------.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Fl orida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid , proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of th e United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation .
3. I understand that "convicted" or "conviction " as defined in Paragraph 287. I 33 (I) (b), Fl orida Statutes,
means a finding of guilt or a conviction of a public entity c r ime, with or without an adjudication of guilt, in
any federal or state trial court of record r elating to charges brought by indictment or information after July
I, 1989 , as a result of a jury verdict, non-jury trial , or entry of a plea of guilty or nolo contendere.
4 . I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Fl orida Statutes, means :
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate . The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of eqUipment or income among persons when not for fair
market value under an arm 's length ag r eement, will be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate.
S. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989 . However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of ______________ ' 20 __ .
Personally known ____________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
Notary Public -State of _______ _
My commission expires _______ _
(Printed, typed, or stamped commissioned
name of notary public)
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services ,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program . In order to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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 d r ug 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 paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid , the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or requi r e the satisfactory participation in a drug abuse ass istance 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENT's Signature: _______________ _
Print Name: _____________________ _
Date:
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, , (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03 as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if
any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever
two or more responses to a solicitation which are equal with respect to price, quality and service are received by
the State or by any political subdivisions for the procurement of commodities or contractual services, a response to
the solicitation received from a business that certifies that it has implemented a drug-free workplace program will
be given preference in the award process. Established procedures for processing tie responses to solicitations will
be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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.
)) Give each employee engaged in providing the commodities or contractual services that are under
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (S) days after such conviction.
S) 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
Witness
BY: __________________________ ___
Name
Title
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida , Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS ". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms.myOorida.com/business operations/state purchasin~/vendor in formation/convicted suspended di
scriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
(I) I represent the Respondent whose name is ______________ _
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business _operations/state _purchasi ng/vendor _information/convicted_suspended _ d i
scriminatory_complaints_ vendor_lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By: _____ ----,-_-,----__ _
(Signature of Declarant)
(Print name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ " 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant. (
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
, individually and on behalf of ______________ _
("Firm") have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, and/or the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is (are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a finanCial interest in the Firm .]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e ., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm .]; and
(4) no elected and/or appointed official or employee of the City of South Miami , or any of their immediate family
members (i.e ., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: _____ --:-_-:-:-__ :---:-_____ ---::--___ :--_:-
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of
all City employees and that of all elected and/or appointed city officials or board members, who own, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the
ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly
traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is
not required to make an independent investigation as to the financial interest in the Firm of city employees,
appOinted officials , or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others . We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows : (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X :\PurchasingWendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm , nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to : (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows :
_________ ----: __ -:---:-_--:-_______ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm , nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e ., spouse, parents, children ,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following :
_________ --, __________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line ; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (8)
must be based solely on the signatory's personal knowledge and he/she is not reqUired to make an independent
investigation into the Other Firm , or the Firm he/she represents, as to their officers, directors o r anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family .]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics .
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge , information, and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: _____________ _
Print Name & Title: ---------------
Date: ____________________ __
Sec. 8A-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel, and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction .
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards, and
agencies, such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals , boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads , the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the City.
(7) The term "compensation" shall refer to any money, gift, favor , thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered .
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers, and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal :
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection .
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corpor ation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of th is subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission :
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary, or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any ofthe specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(£) Gifts.
(I) Definition . The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item , or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions . The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household , unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals, or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions . A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift . It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken , or to be taken , or which could be taken , or an omission or failure to take a public
action;
b . A legal duty performed or to be performed, or which could be performed. or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d . Attendance or absence from a public meeting at which official action is to be taken .
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional, or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental, or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation, or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the p ublic. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(1<) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise , or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question .
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question .
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall partiCipate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring finanCial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official , officer or employee.
(OJ Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials , officers, or employees .
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall , for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ , bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The prOVisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
thei r official capacities .
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives .
(4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agenCies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval , recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c){9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk 's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees . No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees .
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ ---.J' makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees . The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this ___ day of ________ , 20 .
Signature of Representative
Print Name and Title Print name of entity being represented .
END OF SECTION
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award .
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY : __________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ " 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day of __________ " 20 __ .
BY:
TITLE :
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE :
PROJECT DESCRIPTION: PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Agreement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work, within N/A calendar days from the
Commencement Date.
City of South Miami
BY: ____________________ __
(prim name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by ________________________ _
on this ______ day of ____________ , 20 __ .
BY:
TITLE: ____________________ __
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural deSign, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including. but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans. including privately prepared traffic impact analyses.
vehicular circulation plans. and valet parking plans. for private development projects for
compliance with the City's Land Development Code and industry best practices .
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design. traffic
control. maintenance of traffic. street lighting. permits applications and processing. as well
as technical specifications. bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans. sanitary sewer plans for gravity mains and force mains. and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects. as reqUired by the City.
• Structural (bUilding and mise. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures. retaining wall, culverts. building
structures. as needed including foundation designs.
• Environmental Engineering
This category includes field data collection. site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
BUilding and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and. best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issu~s related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES. ATTACHMENT B.
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTER/VIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1 ,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable .
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated. by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will prOVide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
e.: If the FIRM is providing professional services, such as would be prOVided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers. directors. agents. representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims. losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers. affiliates,
employees, successors and assigns. including their attorney's fees. in the defense of any action in law or
equity brought against them and arising from the negligent error, omission. or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractorlsub-consultant or any of their agents, representatives. employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractorlsub-contractor/sub-consultant or any of their agents. representatives. employees.
or assigns. or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities. damages. losses. and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO :
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in E.xhibit I Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
7. This proposal is submitted by whose address is _______ _
__________ , whose telephone number is , whose fax number is
_______ , whose email address is and whose authorized
'representative signing this Bid Form is whose title is ____ --'
8. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: _______________ _ Date of Execution : ___________ _
[Print signatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(100) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, include:
I. Qualifications, competency, and technical expertise of the firm to perform the services
to muniCipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member rank each Respondent; #1 (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent B is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent Ranking Order
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 1 3 2.50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presentations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition.
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III -Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and specialized services, in accordance with Exhibit I "Scope of Services," the City intends to
retain a maximum offive (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm. If those negotiations are
unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations continue
until the City Manager has successfully completed negotiations with a maximum offive firms, each
of whom execute a contract with the City and be on the City's roster of professional consultants.
The firms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this __ day of , 20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMAU@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at , and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WH EREAS, the CONSU L T ANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSU L T ANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: e-mail:
________ ; Fax: _______ Street Address: ____________ '
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I .
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Year s . w ith One (I ) Two (2) Year Option-to-Renew . for a
t erm not to exceed Five (5) Consecutive Yea,rs. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply w ith all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body haVing
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Wor k or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12)Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786 .28 and anything to the contrary contained therein is null and void and of no force or effect.
14) Jury Trial Waiver: The parties waive their r ight to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, Signed by both parties hereto
and if this Agreement is reqUired to be approved by the City Commission , all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; ( c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perfonn the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the follOWing individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-mail : tpepe@southmiamifl.gov
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have , and have exercised , the r equired corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and delive r this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami 's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSU L TANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSU L T ANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially sim ilar items or services for comparable quantities under similar terms, conditions, wages ,
benefits. insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, prOVide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits .
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSU L T ANT and all of its employees, subcontr actors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin ,
age, disability or any other classification that is federally defined as a "protected class " and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs , services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach ofthis Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach ofthis Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January 1,2021. The CONSULTANT and all subcontractors and subconsultants must comply with and
be bound by the follOWing:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSU L T ANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions ofthis section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSU LT ANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
CONSULTANT: ____________________ _
Witnessed:
By: ____________________ _
ATTESTED:
By: ____________________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: ____________________ _
City Attorney
By: ____________________________ __
[print name and title of signatory]
CITY OF SOUTH MIAMI
By: __________________ __
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandat ed Federal Agreement Condit ions.
A. In connection with the performance of this Agreement. Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such. Consultant comply with all laws. rules.
regulations. policies. and gUidelines (including any subsequent amendments to such laws.
regulations . policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation :
i. Uniform Administrative Requirements, Cost Principles . and Audit Requirements for
Federal Awards (2 CFR Part 200). as applicable ;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (ASSistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions.
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI ReqUirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F." to the U.S. Department ofthe Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors. successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race. color. or national origin
(42 u.s.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance. 42
U.S.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations. 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
C. Americans With Disabilities Act Requirements. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Discrimination Act o( 1975 . Consultant comply with the requirements
of 42 U.S.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections (or Whistleblowers .
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knOWingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required . Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict o[/nterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertis i ng;
b. layoff or termination;
c . rates of payor other forms of compensation; and
d . selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U .S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders .
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U .S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation w ith a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntract Wo rk Hour s and Safe t y Standa rds Act Com plia nc e. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.C 370 I through 3708), including as follows:
(I )Overtime requirements . No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withho/ding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld , from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts . The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section .
C Cle an Air Act Co mpliance . During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.S .C § 740 I et seq., as amended) and specifically
agrees as follows :
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean A ir Act, as amended, 42 U.s.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office .
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pollut ion Co ntrol Act Comp li ance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.c. §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspe nsion and Deb arment Co m pliance . During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 , the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F .R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
§ 180 .935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F .R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbyine Amendment (3/ U.s.c. § 1352. as amende~). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.s.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal , amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.c. 1352). Any person who fails to file the reqUired certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Copeland "Anti-Kickback " Act. During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.S.c. § 874, 40 U.s.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach . A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F .R. § 5.12 .
H. Procurement of Recover ed Materials. Consultant comply with the provisions of 2 C.F .R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price .
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/comprehens iveprocurement-guideline-cpg-program .
I. Domesti c Preferences for Pro curements. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
"Domestic preferences for procurements ."
J.2 CF R Subp art F -Au dit Req uirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provis ions")
and the reporting requirements of the U.S . Department of the Treasury's Interim Final
Rule , as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General. the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation ") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant prOVide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S . Department of the Treasury governing the reporting requ irements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds .
12. Not ices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page ot" this Addendum or such other address as the party may have deSignated by proper
notice from time to time. END OF SECTION
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The following procedures will be used for resolution of protested sol icitations and awards . The wor d
"bid", as well as all of its derivations, means a response to a solicitati on, incl uding req uest s for pr opos als,
requests for a letter of interest and requests for qualifications.
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
th ree ca lendar days prior to t he date s et fo r opening of bids . A notice of intent t o file a protest is
cons idered filed when receiv ed by the City C lerk's offic e bye-mail or, if han d delivered. when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
pr o t est. Any actual res ponsive and res ponsibl e bidder who perceives itself to be aggrieved in
connection with the re commended award of a contract and who wishes to protest the award. shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the r e co mmendation is co ns idered (o r acti on. A notice of in ten t to
file a protest is consid ered filed when r eceived by the Ci t y Cl erk's o ffice by e-mail or. if han d deliv ered,
when stamped with the City Clerk's receipt stamp contai ni ng th e date and t im e of r ecei pt .
Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar day s after the dat e of the filing of the noti ce of
intent to file a protest. The Protest Letter is considered fi led when the Pr o test Letter and the r e quired
filing fe e of $1,000 are both t ime ly r e ceived by the City Cl erk's office. In order for the Protest Letter
and filing fee to be considere d ti me ly delivered by ha n d delivery, th e date stamp of the C lerk's offi ce
must appear on the original Protest Letter and/or a copy o f the Pr ote st Le tter and t he date stamp must
also appear on a copy of the check issued for the payme nt of the fili ng fee . or, if payme nt is made in
cash, a receipt must be issued by the Clerk's office r efl e cti ng the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely r e ceive d until and un less the requ ired filin g fee o f $1 ,000 is received by th e Ci ty Cl erk's office
and , if payment is in ca sh, a recei pt is is sue d with the date of the r eceipt o f payment. o r" if paym e nt is by
check, a copy of t he check is sta mped by the Cl e rk w ith the date s ta mp of the Cle rk 's offi c e showing the
date of receipt. The Protest Letter shall state with partic ul arity t he speci fic fa ct s an d la w upo n whic h
the pro t est is based , it ·sha ll describe and attach all perti nent do cuments and e vide nc e relevant an d
material to the pr o t est and it shall be a ccompan ied by any r equ ir ed fil ing . T he ba sis fo r reVie w of the
pr o test shall be the documents and o ther evidence desc r ibed in and attached t o the Pr o test Letter and
no fa ct s, grounds, docum entat ion , or othe r ev iden ce not specifically described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Com pu tat ion of time . No t ime wi" be added t o t he above t im e li mits fo r ser vice by mail. Th e last day
of the period so computed sha ll be included unl e ss it is a Saturday. Su nday, o r lega l holid ay in wh ich
event the period shall run until the next day which is no t a Saturd ay , Sun day. o r legal hol iday.
Challenges . The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority t o r eso lv e prot ests. The Purchasing Manager. afte r consu ltation with the City Attorney. shall
issue a written r e commen dat ion within ten calen dar da ys after recei pt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
Manager may then, submit a recommendation to the City Commission for approval or disapproval of
the protest, resolve the protest without submission to the City Commission, or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed
pursuant to the requirements of this section, the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 • 03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the C ity's
advertisement fo r Request for Proposal and Instr uctions to Respondents.
You are hereby norifi ed th at you r Proposal has been ac cepted fo r the PROFESSIONAL GENERAL
ENGINEERING a nd ARCHITECTURAL SERV I CES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Att achment A [0 th is Notice of Awar d.
Yo u are requi r ed by the Instr uctions to Respondents to exe cute the Contract Documents at th e t ime of subm ittal
of proposal and to furn ish a ny required bonding. includ ing a Performance Bond , Payme nt Bond , an d insura nce
documents (see Proposal Sub mittal C hecklist Fo r m) w it hin ten (10) da y from the da t e of this notice to you.
N otwithstand ing th e fact that yo u have agreed . by respond ing t o the Sol ici tation, t o the terms of the contract
attached to the So licitatio n pa ckage , if you fail to execute said Contract and to furnish said bonds, the required
ins ura nce documentati on w ithin ten (10) calendar da ys from the date of this notice. t he C ITY wi ll have the right and
be entitled. in its sole and a bso lute discretion . to disqualify the Proposal. revoke the aw ard and retain the
Proposal/B id Bon d/Secul oi ty. Ple ase be advised that if the contract price exceeds $5,000.00 or if it is a mu lti -year
contract req uiring payment out of more than o ne year's appro priation , the aw ard and t he co ntract must be approv ed
by t he City C om mission before it is binding on the City. Mo r eover. t he aw ard is subject to rescission if the C ity
Mana ger determi nes that it is not in t he best in t erest of t he City.
BY : ____________________________ __
Shari Kamali
City Manager
Dated this __ day of _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ____ .~ day of _________ -" 20 __ .
BY:
TITLE :
You are r equired to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
Professional General Engineering & Architectural Services RFQ
#PW2022-03
Wage Rates Summary
Stantec Accepted Rates
Job Classification
Principal $210.00
Sr . Project Manager $190.00
Project Manager $170.00
Senior Engineer $160.00
Senior Planner $145.00
Planner $105.00
Senior Traffic Engineer $150.00
Traffic Engineer $110.00
Senior Designer / Engineer $115.00
Designer $104.00
Eng i neering Intern $97.50
Senior CADD Technician $110.00
CADD Technician $90.00
GIS Technician $100.00
Senior Construction Inspector $110.00
Construction Inspector $97.50
Senior Landscape Architect $155.00
Landscape Architect $135.00
Landscape Architect Intern $91.00
Arborist $97.50
Utility Coordinator $115.00
Surveyor / Mapper $110.50
Survey Technician $78.00
2-Man Survey Crew $130.00
3-Man Survey Crew $140.00
4-Man Survey Crew $165.00
Senior Certified Bridge Inspector / Diver $150 .00
Certified Bridge Inspector / Diver $115.00
Fire Protection Engineer $117.00
Plumbing Engineer $117.00
Mechanical Engineer $117.00
Electrical Engineer $117.00
Geotechnical Engineer $150.00
Geo logist $117.00
Environmental Scientist $105.00
Senior Administrative Assistant $84.50
Clerical $58.50
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May. 2022, by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMAU@SOUTHMIAMIFLGOV
and Calvin. Giordano & Associates. Inc., with an office and principal place of business located at
1800 Elder Dr .. Suite 600. Fort Lauderdale. FL 33 I 16, and E-mail address of
marketing@cgasolutions.com and Facsimile transmission number of 954/921-8807 (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to prOVide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to prOVide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the folloWing documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: Chris Giordano. MSC. CCM
e-mail: q~iordano@c~solutions .com ; Fax: 954/921-8807 Street Address: 1800 Elder Dr .. Suite 600.
Fort Lauderdale. FL 33116.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing Signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I) Two (2) Year ~ption-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSU LTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formal ity as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or all)ended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s . I 19.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency 's custodian of public records , provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency ; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed . If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-mail : tpepe@southmiamifl.gov
J8)Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
J 9) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responSibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the perfor mance of Work, are prohib ited from discriminating aga inst anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation , national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach ofthis Contract. CONSU L T ANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating aga inst anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class ". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial , material br each of th is Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095 , Fla . Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the follOWing:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with , or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla . Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied , must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provis ions of this Section is not a breach of contract and
may not be considered such; .
(e) Any contred terminction under the provisions of this S3ction may be chalenged no Icter
thCll 20 calender days after the dcte on which this Ageement is terminated puralCllt to
percg~h b. or c. ct>ove;
(f) CONSJLTANT cd<nowledgesthct upon terminction of this Ageernent by the City for a
violction of this Srlion by CONSJLTANT, CONSJLTANT may not be aNerded a public
contred for at lea:.t one (1) yecr. CONSJLTANT further a::knowledgesthat
CONSJLTANT is 1ict>le for CIly a::Iditionai costs incurred by the City as a reallt of
termination of CIly contra::t for a violation of this S3ction; and
(g) fubcontra::ts. CONSJLTANT or subcontredor CIld subconsultant must insert in any
subcontra::ts the clalses set forth in this Srlion, including this fubsection, requiring the
subcontra::tors CIld subconsultant to indude these daises in any lower tier albcontra::ts.
CONSJLTANT is ret;JOnsible for compliCllce by any subcontredor, subconsultant or lower
tier rubcontra::tor with the daises set forth in this S3ction and CO N SJLT ANT's falure to
enforce compliCllce is a substantia and materia brecdl of this Ageernent.
IN WITNESS W HEREOF, the perties, have executed this Ageernent, on or before the
dcte first above written, with full knowled~ of its content CIld si91ificance and intending to be legaly
bound by the terms hereof.
ATTEBfED :
Hy. \J~~ N k Payne
City Clerk
Chris Giordano president
[print mrne and title of si91aory]
CITY OF S)UTH MIAMI By :~~~
91eri Kamai
City Manc:gar
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miam i in the form included in this Solicitation Package and t o perform and furnis h all work as specified
or indi cated in this So licitation, including as set forth in Exhibit I Scop ~ of S e rv ices, Attachment A, & 8,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2 . Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated: 01/07/2022 #3 -01/26/2022
2 01/20/2022
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
50 of 69 52
Address: 1800 Eller Drive, Suite 600 , Fort Lauderdale , FL 33316
Telephone: 954.921 . 7 78 1
Facsimile: 954.921.8807
Contact Person Jenna Ma rtin etti, PE
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Sol icitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
Calvin, Gio rdano & Associates, .
7. This proposal is submitted by Inc. }'VbQ~e address is 1800 Eller Dr, SUite 600
Fort Lauderdale , FL 33316 . whose telephone numbe r is 95 4.921.7 fH1 . whose fax number is __
954 .921,880 7 . whose email address is market in g@c gas olu tio ns.c om and whose authorized
representative signing this Bid Form is Chris Giordano MSC, CCM whose title is President.
8. By submitting this proposal, I. for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms.
with any appropriate blank boxes, if any. checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal. or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing. including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have autho rity to sign contractS for that entity and bind it to those contract terms and that all of the
Informa . d repre ~~on s-contai{le er.ein-annrue and correct.
Date of Execution : February 7, 2022
[Print signatory's name]
END OF SECTION
51 of 69
53
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping deSign, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally reqUired contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the follOWing:
41 of 69
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans. including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required .
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects. as required by the City.
• Structural (building and misc. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts. building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the BUilding Official charged with issuing permits. Consultant will attend meetings
42 of 69
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4 .5 .1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist C ity Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims , change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials , testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
43 of 69
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTERIV'EWI3832IC
OMPREHENSIVE-PLAN-DIA-GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South MiamiLDC.pdf
45 of 69
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must prOVide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements,. other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fi,.e and Extended Cove,.age Insu,.ance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation , change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to proVide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
f.: If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages , or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend , save and hold CITY, its officer s, affiliates, employees,
successors and assigns , harmless from any and all d amages , claims , liability, losses , claims. demands , suits ,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or folloWing any litigation, mediation ,
arbitration and at all appellate levels, which may be suffered by, or accrued aga inst, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error.
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents , r epresentatives,
employees, or assigns , o r anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negl igent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents , representatives, employees, or assigns . and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates. employees ,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defend ing such claims which may result from or arise out of actions or omissions of FIRM ,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives. employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing. approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns , or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense w ith an attorney o r law fi r m approved by the City
of South Miami , which approval will not be unreasonably withheld .
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus. the design pr ofessional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages. losses. and costs , including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design profeSSional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and gUidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost PrinCiples, and Audit Requirements for
Feder~1 Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S . Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the follOWing provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or actiVity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.s.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 3 I CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
u.S.C § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 CF.R. §§ 7 and 16, and 44 CF.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Disabilities Act Requirements . The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Discrimination Act of 1975 . Consultant comply with the requirements
of 42 U.S.C §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections for Whistleblowers .
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclOSing to any of the list of
persons or entities provided below. information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety. or a violation of law. rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii~ An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida. or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required . Pursuant to Executive Order 13043. 62 FR 19217. Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned. rented. or personally owned by the Consultant
and its employees while performing the Work. H. ~ While Driving San. Pursuant to
Executive Order 13513. 74 FR 51225. Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City. the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City. U.S. Department of the Treasury. and the State of Florida. as
appropriate. any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act. Consultant be subject to the federal Uniform Administrative Requirements. Cost
Principles. and Audit ReqUirements for Federal Awards under 2 CFR Part 200. including. but
not limited to:
A. Equal Employment Opportun ity Compliance. During the performance of this Agreement.
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race. color. religion. sex. sexual orientation. gender
identity. or national origin. The Consultant will take affirmative action to
ensure that applicants are employed. and that employees are treated during
employment without regard to their race. color. religion. sex. sexual
orientation. gender identity. or national origin. Such action include. but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action. including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevan~ orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports reqUired by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations. and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965. or by rule. regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions , including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Contrad Work Hours and Safety Standards Ad Compliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I ) Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Vio/ation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $1 0 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)WithhoJding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as prOVided in the clause set forth
in paragraph (2) of this section.
(4)Subcontrads. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C Cl ea n Air Act Comp li an ce. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq ., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.s.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office .
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Ag r eement.
D. Fede ral Wa te r Po llution Control Act Co mpliance . During the performance ofthis Agreement, the
Consultant comply w ith the provisions of Federal Water Pollution Control Act (33 U.s.C §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn , report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole o r in part with Federal assistance in connection with this
Agreement.
E. Suspension and Debarment Co mpliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department ofthe Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180 .940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact r elied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies , including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and .
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (3/ U.s.c. § 1352. as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.s.c. § 1352. as amended). SpeCifically . Consultant represents
and warrants as follows: .
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress.
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension. continuation, renewal, amendment. or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress. or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.S.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Co peland "Anti-Kickb ack " Ad. During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U .S.C § 874, 40 U .S.C § 3145, and the requirements of 29
CF.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
CF.R. § 5.12.
H. Procu reme nt of Recove re d Mat eri als . Consultant comply with the provisions of 2 CF.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-deSignated items , unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-deSignated items , is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/comprehensiveprocurement-guideline-cpg-pr ogram .
I. Do m estic Pre fer ence s for Pro cure ments . To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit Requ irements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits . Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries .
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first . Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
I 2. Notices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
Sout~iami
THE CITY OF PLEASA"'T liVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8, 2022 at lOAM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose ofthis Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifJ.gov/ which is the City of South Miami's web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package. including all documents listed in the Solicitation .
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to htt~s :lInetwork.demandstar .coml See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on February 8,2022 and any Proposal received by the City through DemandStar after 10:00
a.m . local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at htt~s :lIzoom.usljl3056636339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID: 3056636339 .
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at https:/lz oom .us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing
+1-786-635-1003 Meeting ID : 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions , to award each subdivision to a separate Respondent.
Nkenga A Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Eb i dding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please click here to create your account and
get notified of bidding opportunities.
Create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page .
.-;:,.. DEMANDSTAR For Business For Govemmtnl I "'t n".,
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values , if any, are set forth in the attached EXHIBIT I,
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisement! Distribution of Solicitation & Cone of Silence
begins
NON-MANDATORY PRE-BID MEETING
The Pr ocurement Division will conduct the NON-
MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at https:llzoom .us/j/3056636339
,or listen to the meeting on a dedicated phone line by dialing + 1-
786-635 -1003 Meeting ID : 3056636339.
Deadline to Submit Questions
Deadline to City Responses to Questions
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
hUDS:// network.dema nd star .com/
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:llzoom .uslj/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1 003 Meeting
ID : 3056636339.
Projected Announcement of selected Contractor/Cone of
Silence ends
END OF SECTION
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation . The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to aw ard the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested . The proposing firm must demonstrate adequate experience ,
organization , offices , equipment, and personnel to ensure prompt and efficient service to the City of South
Miami . The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms.
and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the reqUirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appOint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
S. Precedence of Conditions . The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one haVing the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply. unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted. but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing. signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation.
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given . Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by u.S . mail, e-mail, or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section SA-?, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission . The Cone of Silence
ordinance, Section 8A-7, has been duplicated at the end of these instructions.
12. Violation of these proviSions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the follOWing a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information .
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage , defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire deCision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings , or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section BA-S (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section 8A-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result ofthis Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sole discretion, to do any of the follOWing:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations . It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents . The terms of the Contract Documents are gener al and not
necessarily specific to the Sol icitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent. by making a Proposal .
agrees to such modifications and to be bound by such modified documents .
h) to cancel. in whole or part. any invitation for Proposals when it is in the best inte rest of the City .
i) to award the Project to the person with the most responsive. responsible Proposal, as determined
by the City . n to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions , to award each subdivision to a
separate Respondent.
15 . Contingent Fees Prohibited. The proposing firm , by submitting a proposal, war rants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractorlsub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-
contractor/sub-consultant. working in its employ, any fee , commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City .
16. Public Entity Crimes . A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, pr oposal , or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid , proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public wor k; may not submit E-bids , proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not t r ansact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
pe r io d of 36 months follow ing the date of being pl aced on the co nvic ted vendo r list .
17. Responde nts must use the Proposal Form(s) furni shed by t he Oty. All erasures and corrections must ha ve the
initials of the Respondent's authorized representative In bl ue ink at the locati o n of each and every erasure and
correction. Proposals must be Signed using blue ink; all quotations must be typewritten or printed with blue
ink . All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Pr oposal,
the follo w ing do cuments:
a) T he In vitatio n for Proposal an d Instructions to Respondents.
b) A copy o f all issued adden da.
c) T he comple ted Proposa l Form fu ll y executed.
d) Proposalf E-b id Bond. (Bo nd or cashier 's check). if required. at tached to the Propos al Fo rm.
e) C ertificates of C ompet e ncy as w e ll as a ll ap plica bl e State, County an d C ity Lic enses held by Re spo ndent
f) C ertificate of In surance a nd/or Letter of Insurability.
18 . Goods: If goods are to be provided purs uant to th is Solicitati o n the foll o w ing applies :
a) Brand N ames: If a bran d name, make, manufa cturer's trade name, or ve ndor catalog n umber is
menti oned in this Sol ici tati on , wh ether or not foll o we d by the word s "a p proved e qual ", it Is for t he
purpose of establishing a grade or quality of material only . Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals .
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a
discrepancy, the C ity reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake : In the event that un it prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended pri ce(s) will
be adjusted to coincide . Respondents are responsible for checking their calculations. Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein .
d) Samples : Samples of items, when required, must be furnished by the Respondent fr ee of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delive r ed by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered with in
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines .
f) 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
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.SD.S) when
applicable.
19. Liability, Licenses & Permits : The successful Respondent must assume the full duty, obligation , and expense of
obtaining all necessary license~, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for
this Project.
20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission .
21. Copyrights and/or Patent Rights : Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights . The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and , at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23 . Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, 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.
24 . Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City
and its officers and employees from liabilities , damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its de cis ions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on alleg ati ons o f fr a ud and/or collusion . The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond , if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements<
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable
attorney's fees , to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond , if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will
be appl ied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements : The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond , if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein . A company or personal check will not be deemed a val id Proposal Security.
29. Performance and Payment Bond : The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition , if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond . The
bonds must be with a surety company authorized to do business in the State of Florida.
29 .1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum .
29.3. Each Payment bond must guarantee the full payment of all suppliers, material man , laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4 . Each Bond must be with a Surety company whose qualificat ions meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation .
29 .5 . Pursuant to the requirements of Section 255 .05 , Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6 . The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions .
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal , and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond.
31. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations , or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications , the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal , or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids .
32. Time of Completion : The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33 . Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form , if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package.
34. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City .
35 . Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations . Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members, or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager .
37 . E-bid Protest Procedure. See attached EXHIBIT 7.
38 . Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4.
39 . Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors . If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must provide a redacted copy of the document and an un redacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory prOVision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the unredacted document contains confidential information. If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum .
43. Definitions. The following definitions will govern the interpretation of this RFQ :
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
44. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall. 6130 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered : "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal.
the meeting facilitator of the Selection Committee meeting. usually the City's Procurement Manager. will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and. will continue the re-scoring until the tie is broken. and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie. all responses will be rejected. and the item will be re-advertised.
46. Rescind the Award. The City reserves the right to rescind the award recommendation. even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and. by responding to this RFQ. Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The City reserves the right. in its sole and absolute discretion. to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami. its residents
or businesses and that has been declared by the Governor. Mayor of Miami-Dade County or the City Manager.
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure. acts of God. or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen. prevented or avoided. For this purpose. such acts or circumstances include.
but not limited to. weather conditions affecting performance. floods. epidemics. war. riots. strikes. lockouts. or
other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
49. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights. title and interests in and
to all materials. data. documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City. even if
unfinished or in process. as a result of the Services the Respondent performs in connection with this
Agreement. including all copyright and other proprietary rights therein. which the Respondent as well as its
employees. agents. subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not. without the prior written consent of the City. use such
documentation on any other project in which the Respondent or its employees. agents. subcontractors or
suppliers are or may become engaged . Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2AII rights. title. and interest in and to certain inventions. ideas. designs and methods. specifications and
other documentation related thereto developed by the Respondent and its subcontractors speCifically for the
City. hereinafter referred to as "Developed Works" will become the property of the City.
48.3 Accordingly. neither the Respondent nor its employees. agents. subcontractors. or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized. reproduced or
distributed by or on behalf of the Respondent. or any employee. agent. subcontractor or supplier thereof.
without the prior written consent of the City. except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a. b. and c above. or elsewhere herein . the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software. if any is
provided hereunder. that have not been customized to satisfy the performance criteria set forth in the Scope
of Services. Notwithstanding the foregoing. the Respondent hereby grants. and must require that its
subcontractors and suppliers grant. if the City so desires. a perpetual. irrevocable and unrestricted right and
license to use. duplicate. disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications. technical data and other Documentation for the operations of the
City or entities controlling. controlled by. under common control With. or affiliated with the City. or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes. but is not limited to, the right of the City to use and/or disclose, in whole or in part. the technical
documentation and Licensed Software. including source code provided hereunder. to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclUSively for the City or entities controlling. controlled by. under common control With. or
. affiliated with the City. or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination . Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality),
height, weight, domestic partnership status, labor organization membership, political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows :
Sec. BA-7. Cone of Silence:
(A) Definitions .
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation , or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or ~anager's designee shall : (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation .
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conference5 or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113; _
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed w ith the City Clerk by the Potential
Bidder or Bidder's Representative . The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contai ned in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is design a ted as being responsible for administering the procurement process for such
solicitation, for clarification or additional informacion;
(10) Communications prior to bid opening between Cicy's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty prOVided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agencylfirm, address, telephone number, name of contact
person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above .
Response to the Solicitation : Th is section, including the Cover Letter and Executive
Summary, should summarize the key points of your submittal. Limit to one (#) to
FIFTEEN (15) pages. Response to the Solicitation m ust include the following .
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services."
2. Detailed work plan/project approach and schedule deSigned to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that wi" be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person.
4. In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in E.xhibit #, "Scope of Services," Respondent's experience with
engagements of a similar scope including a summary of prior work experience and
competence in undertaking engagements of this type. Experience shown should be of
the lead project personnel who will be aSSigned to the City's project and wi" routinely
be interfacing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm . Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles. addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally , provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of you r proposed primary individuals' relevant experi ence over the last
three years with other cities and counties that you believe are relev ant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ . Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation . Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https:llnetwork.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents .
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents EXHIBIT 2
X Respondents Bid/Response Form . EXHIBIT 3
Signed Professional Services Contract Documents (All -including General
X Conditions and Supplementary Conditions, if attached) EXHIBIT 5
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed.
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Sched ule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name :
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address :
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4 . The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
S. list and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (S) years
6. Government References:
list other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (S) years.
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Respondent must list all proposed subcontractors and subconsultant if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of SubcontractorlSubconsultant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFQ .
END OF SECTION
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
_____________ ---: ________ being first duly sworn, deposes and states that:
(I) He/She/They is/are the ________________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent,
firm, or person to fix any overhead , profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of ,20 ___ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
_______________________ and whose name(s) is/are Subscribed to the within
instrument, and he/shelthey acknowledge that he/shelthey executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the provis ions of Paragraph (2) (a) of Section 287.133 , Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Pr oposal or bid on a Contract to provide any goods or service s to a public entity, may not submi t a Bid or p roposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids o r proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12 , Florida State
Statutes . Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STAT UTES , ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by ______________________________________________________________ __
[print individual's name and title]
for ________________________________________________________________________ ___
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
----------------------------------------.)
2. I under stand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud , theft, bribery, collusion , r acketeering, consp iracy, or material misrepresentation.
3. I understand that "conv icted" o r "conviction " as defined in Paragraph 287.133 (I) (b), Aorida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any fede r al or state trial court of record r elating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contendere.
4 . I understand that an "affiliate " as defined in Paragraph 287.133 (I) (a), Florid3 Statutes, means :
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers ,
directors, executives , partners, shareholders, employees , members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
inter est in any person, or a pooling of eqUipment or income among persons when not for fair
market value under an arm's length agreement, will be a prima facie case that one person controls
another person . A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affili ate.
5 . I understand that a "person" as defined in Paragraph 287.133 (I) (e), Fl orida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives , partners ,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement wh ich I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers , directors, executives,
partners, shareholders, employees, members , or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989 .
___ The entity submitting this sworn statement, o r one or more of its officers, directors, executives,
partners, shareholders, employees , members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLO RIDA STAT UTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[S ignature]
Sworn to and subscribed before me this _____ day of ______________ , 20 __ .
Personally known ____________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
Notary Public -State of _______ _
My commission expires _______ _
(Printed, typed, or stamped commissioned
name of notary publ ic)
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a resp o nse co the soli citation receive d from a bu sines s t ha t cert ifies that it has im plemented a drug-free w o rkplace
program w ill be given prefer e nc e in t he award pr oce ss . Est a bl is hed pro c edu res fo r processing ti e responses to
sol icita tlons will be foll o wed if no ne of t he t ie d vendors hav e a drug-free w orkplac e pr ogram. In o rder to ha ve a
drug-fr ee workplace program, a business must:
I) Publ ish a statement notify ing employees that the unlawful manufacture, d istribution, dispensing,
possession , or use of a controlled substance is prohibited in the workplace and specifying the
actio ns that will be ta ken against em pl o yees fo r violations of such prohibition .
2) Infor m employees abo ut the dan gers of drug a buse in the workplace , the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation , and employee
assistance progr ams, 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 paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees , that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procur ement of commod ities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violat ion of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days afte r such conviction.
5) Impose a sanction on , or require the satisfactory pa rticipation 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 this section .
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
forego ing statement and that the facts stated in it ar e true and that this firm is in full compliance with the above
requirements.
RESPONDENT's Signature: ________________ _
Print Name:
Date:
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, . (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03 as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if
any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever
two or more responses to a solicitation which are equal with respect to price, quality and service are received by
the State or by any political subdivisions for the procurement of commodities or contractual services, a response to
the solicitation received from a business that certifies that it has implemented a drug-free workplace program will
be given preference in the award process. Established procedures for processing tie responses to solicitations will
be followed if none of the tied vendors have a drug-free workplace program . In order to have a drug-free workplace
program. a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing,
possession, or use of a controlled substance 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
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid. the employee must abide by the terms of the statement and must notify the
employer of any conviction of. or plea of guilty or nolo contendere to . any violation of Chapter
893 or of any controlled substance law of the United States or any state. for a violation occurring
in the workplace no later than five (5) days after such conviction.
S) 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 this section.
As the person authorized to sign this statement. and under penalties of perjury. I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any. who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
Witness
BY: __________________________ ___
Name
Title
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to
the Florida Department of Management Services website:
htcp :llwww.dms.myflorida.com/business operatlonsfstate purchasing/vendor information/conviCted suspended di
scriminatorx complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
(I) I represent the Respondent whose name is ______________ ~
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address :
http://www.dms.myflorida.com/business_ operations/state _purchasi ng/vendor _information/convicted_suspended _ d i
scriminatory _complaints_vendor _'ists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing!category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By: _---,-__ --:-::---:-_-,--__ _
(Signature of Declarant)
(Print name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ ,. 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
_______________ , individually and on behalf of ______________ _
("Firm") have Nam e of Repr esentative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I. and/or the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission , i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not ,-equired to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm , nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e ., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line ; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies , if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm .]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e ., spouse, parents, children , brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: _____ -..,.-__________________ _
(if necessary, use a separate sheet to supply add itional information that will not fit on this line; however, you must
refer, on the above line , to the additional sheet and the additional sheet must be signed under oath). The names of
all City employees and that of all elected and/or appointed city officials or board members, who own, directly or
indirectly, an interest of five per cent (5 %) or more of the total assets of capital stock in the firm are as follows :
(if necessary, use a separate sheet to supply additional information that will not fit on this line ; however, you must
refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). (while the
ethics code still applies, if the person executing this form is doing so on behalf of a fi r m whose stock is publicly
traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is
not required to make an independent investigation as to the financial interest in the Firm of city employees ,
appointed officials, or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege , benefit, or exemption for ourselves , or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person o r agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows : (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X;\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows :
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers , or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
____________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line , to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person
executing this form is doing so on behalf of a firm wh ose stock is publicly traded, the statement in this section (8)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family .]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation , I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A vi o lation of the City's Ethics Code, the giving of an y false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: _____________ _
Print Name & Title: _______________ _
Date: ____________ _
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Eth ics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel, and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction .
(b) Definitions. For the purposes ofthis section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission .
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards, and
agencies, such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals , boar ds and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission .
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered .
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or mo r e
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers, and sisters of the person
involved .
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs .
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
inter est, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or bus iness engagement entered in violation of this subsection shall render the transaction vo idable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal :
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to t ime.
Waiver of prohibition . The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city pe r son as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative . This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fidUciary , or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the speCified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item, or promise, or in any other form, without
adequate and lawful consideration .
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d . Material such as books, reports, periodicals, or pamphlets which are solely informational or of an advertiSing
nature.
(3) Prohibitions . A person described in paragraphs (b)(l) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00 . The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position , nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties .
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional , or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental , or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained .
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and , in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation, or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(Ie) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift , directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person . Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers, or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities.
SO I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose City service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
wher e he or she was substantially involved in the particular subject matter through decision, approval , disapproval ,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions . The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists . Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees. No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ -', makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this ___ day of ________ ., 20_.
Signature of Representative
Print Name and Title Print name of entity being represented .
END OF SECTION
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents .
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you .
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package , if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled , in its sole and absolute discretion , to disqualify the Proposal , revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY : __________________________ ___
Shari Kamali
City Manager
Dated this __ day of ______ -', 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day of _________ -'. 20 __ .
BY:
TITLE :
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE :
PROJECT DESCRIPTION : PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Ag r eement fo r PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work, within N/A calendar days from the
Com mencem e nt Date.
City of South Miami
BY: __________ _
(prin t na me)
City Manager, or de signee
ACCEPTANCE OF NOTICE
Rece ipt of the above Notice to Proceed is hereby acknowledged by ____________ _
on this ___ day of ______ ., 20 __ .
BY:
TITLE: __________ _
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the follOWing:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or prOVide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be prOVided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways. drainage. structural. electrical. mechanical.
plumbing. traffic engineering. civil/site planning. water and sewer, environmental
assessments and engineering. architectural design. landscaping design. survey and mapping.
value engineering, construction management. and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities. regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as. but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans. construction management services. Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include. but are not limited to the following:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysiS needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and mise. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications .
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
BUilding and Zoning codes, fire codes and Americans with Disabilities Act requirements .
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection . When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysiS of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and speCifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I. SCOPE OF SERVICES. ATTACHMENT B.
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management Distr ict as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miam i. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFLGOV/DOCUMfNTCENTER/VIEW/3832/C
OMPREHENSIVE-PLAN-DIA-GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpeni:ine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami ,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract .
. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance .
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000 .00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued , the
insurance policy, including the declaration page and all applicable endorsements and provide the
name , address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements . In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
( I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will prOVide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage S";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason . The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
f.:. If the FIRM is providing professional services, such as would be prOVided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also prOVide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
a r ise du r ing the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims , demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or follow ing any litigation , mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature. including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission. misconduct. or any gross negligence. intentional act or harmful conduct of FIRM . its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission , or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such cla ims which may result from or arise out of actions or omissions of FIRM,
its contractorlsub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions o r
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM . its contractorlsub-contr actor/sub-consultant or any of their agents. representatives, employees.
or assigns. or anyone acting through or on behalf of them .
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However. as to des ign pr ofessional contracts; and pursuant to Section 725 .08 (I), Florida
Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required . Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses, and costs. includ ing . but not limited to, reasonable attorneys'
fees. to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit , Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated :
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal :
RESPONDENT:
Address:
Telephone:
Facsimile :
Contact Person
S. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
7. This proposal is submitted by _____________ whose address is _______ _
__________ ' whose telephone number is , whose fax number is
_______ , whose email address is and whose authorized
representative signing this Bid Form is whose title is _____ .
8. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful
repr esentative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: _______________ _ Date of Execution: ___________ _
[Print signatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
wi" be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(100) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, include :
I. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that wi" be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: '0
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member rank each Respondent; # I (Highest Total
Score), #2 (Next Highest Score), and so on. The ran kings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent B is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent Ranking Order
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 1 3 2.50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presentations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition.
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III -Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and specialized services, in accordance with Exhibit I "Scope of Services," the City intends to
retain a maximum of five (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm. If those negotiations are
unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations continue
until the City Manager has successfully completed negotiations with a maximum of five firms, each
of whom execute a contract with the City and be on the City's roster of professional consultants.
The firms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this __ day of , 20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable ; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMAU@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at , and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the reqUired services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY 's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to prOVide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: e-mail:
; Fax: --------, , _____ Street Address: ____________ '
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One <I) Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida .
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSU L T ANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as proVided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14) Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perfOlm the
service; (b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the follOWing individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY :
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
18) Corporate Authority. The CONSU LTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR her eunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine jf there is grant funding .
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages ,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSU L TANT must
include in all of its subcontracts the follOWing clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services . A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021 . The CONSULTANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSU L T ANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions ofthis Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a pUblic
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
CONSULTANT: ____________________ _
Witnessed :
By : __________ _
ATTESTED:
By: ____________________ ___
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: __________ _
City Attorney
By: _____________ _
[print name and title of signatory]
CITY OF SOUTH MIAMI
By: _________ _
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
M andated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and gUidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) reqUired by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964 , attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions ,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requi rements . Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S . Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with th is Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions :
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.s.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22 , which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
u.s.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations , 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F .R. §§ 7 and 16, and 44 C.F.R . § 206.11, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americ ans with Disab iliti es Ad Req uirements . The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.s.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 ofthe Rehabilitation Act of 1973 (29 U.s.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of d iscrimination under any program or activity under this
Agreement. D. Age Discrimi nation Act of 19 75. Consultant comply with the requirements
of 42 U.S .c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections for Whistleb/owers .
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge , demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regu lation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress .
ii. An Inspector General.
iii. The Government Accountability Office .
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency .
vi. A court or grand jury.
vii . A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
p r ovided under this section, in the predominant native language of the workfo r ce.
F. Co mpliance with Immigration and Nationality Act (lN Al. Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Se at Belts ReqUired. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was suppor ted] in part by federal award
number (FAIN) [Inse r t Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements, Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other guidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as. follows :
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be prOVided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in 'conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regUlations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntract Wo rk Hours and Safe ty Sta ndards Act Com pliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.s.c. 370 I through 3708), including as follows:
(I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages . Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section , in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)WithhoJding for unpaid wages and liquidated damages . The City upon its own action or
upon written request of an authorized representative of the U.S . Department of Labor
withhold or cause to be withheld , from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contr act subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of th is section.
(4)Subcontracts . The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C. Cle an Air Act Compliance . During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.c. § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.s.c.§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.C §
125 I et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.C 125 I et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspens ion and Debarmen t Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689 . Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is reqUired to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. ISO, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (3 J USc. § J 352. as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.s.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for a"
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that a" such sub-reCipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Copeland "Anti-Kickback" Act . During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with IS U.S.c. § S74, 40 u.s.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H. Procurement of Recovered Materia/s. Consultant comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price .
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:l/www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
I. Domestic Preferences fOr Procurements. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements." .
J.2 CFR Subpart F -Audit Requirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions ")
and the reporting requirements of the U.S . Department of th e Treasury's In terim Final
Rule, as amended, and other gUidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florid a, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consul tant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the C ity with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time. END OF SECTION
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW1022 -03
The following procedures will be used for resolution of protested solicitations and awa,-ds. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set fo,-opening of bids. A notice of intent to file a protest is
considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself t o be aggrieved in
connection with the recommended award of a contract and who wishes to protest the awal-d, shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the recommendation is considered for action. A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered .
when stamped with the City Clerk's receipt stamp containing the date and time of receipt.
Protest of solicitation . A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of
intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office. In order for the P,"otest Letter
and fil in g fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office
must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must
also appear on a copy of the check is sued for the payment of the filing fee, or, if payment is made in
cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely received until and unless the required filing fee of $1 ,000 is received by the City Clerk's office
and , if payment is in cash. a receipt is issued with the date of the receipt of payment, or if payment is by
check, a copy of the check is stampe'd by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which
the protest is based, it shall describe and attach all pertinent documents and evidence relevant and
material to the protest and it shall be accompanied by any required filing. The basis for review of the
protest shall be the documents and other evidence descri bed in and attached to the Protest Letter and
no facts, grounds, documentation , or other evidence not specifica lly described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Computation of time. No time will be added to the above time limits for service by mail. The last day
of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which
event the period shall run until the next day which is not a SatUl-day. Sunday, or legal holiday.
Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasin g Manager , after consultation with the City Attorney, shall
issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the pl"otesting party . The City
Manager may then. submit a recommendation to the City Commission for approval or disapproval of
the protest. resolve the protest without submission to the City Commission , or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely. proper and valid Protest Letter filed
pw"suant to the requirements of this section. the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above. unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any requ ired bonding, incl uding a Perform ance Bo nd, Payment Bond , and insurance
documents (see Proposal Submittal C hecklist Form) within ten (10) day from the date of this noti ce to you.
NotWithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled , in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation. the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: ____________________________ _
Shari Kamali
City Manager
Dated this __ day of ______ -', 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the _____ day of __________ • 20 __ .
BY:
TITLE :
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
ofessional General Engineering & Architectural Services RFQ #PW2022·
Wage Rates Summary· CGA
Job Classification
Pr i ncipal
Sr. Project Manager
Pr oj ect M ana ger
Senior Engineer
Senior Planner
Planner
Se ni o r Traffic Engi nee r
Tra ffi c Eng i neer
Senior Designer I Engi neer
Desig ner
Enginee ring Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction In sp ecto r
Construction Ins pector
Senior landscape Architect
landscap e Architect
lan dscape Architect Intern
Arborist
Ut i lity Coordinator
Surveyor I Mapper
Survey Technician
2-Man Su rv ey Crew
3-Man Su rvey Crew
4-Man Su rvey Crew
Senior Certified Bri dge Inspector I Diver
Certified Bridge In spector I Diver
Fire Protection Engi neer
Plumbing En gineer
Mechanical Engin eer
Electrical Engi neer
Geotechnical Engin ee r
Geol o gi st
Environmental Scientist
Se ni o r Administrative Assistant
Clerical
CGA ACGEP:rED/COUNTER
S 210 .00
S 175 .00
S 150.00
$ 130.00
S 130 .00
S 105 .00
S 150 .00
S 110.00
S 115 .00
S 104.00
S 90.00
S 97.50
S 84.50
S 92 .00
S 100 .00
S 90.00
S 135 .00
S 120.00
$ 90 .00
S 97.50
$ 105 .00
S 110.50
S 78.00
$ 130.00
S 140.00
S 150 .00
S 125.00
S 94.00
S 117 .00
$ 117 .00
S 117 .00
$ 117.00
$ 125 .00
S 117.00
S 100 .00
$ 70 .00
S 65.00
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May, 2022, by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALI@SOUTHMIAMIFL.GOV
and.J & M ENGINEERING P.C. dba M & J ENGINEERING P.C., with an office and principal
place of business located at 9350 South Dixie Hwy, Suite 1440, Miami, FL 33156 and E-mail
address of jschreck@mjengineers.com Facsimile transmission number of 786/239-7007 (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and .
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSU L T ANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment An to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the periormance of the Work
under this Agreement on a date to be specified in a Notice to Proceed. or Purchase Order. (hereinafter
referred to as the "Work Commencement Date"). In any event. the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"). assistant Manager. or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: John Schreck. e-mail: of
jschreck@mjengineers.com Fax: 786/239-7007 Street Address: 9350 South Dixie Hwy, Suite 1440,
Miami, FL 33156.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's periormance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing Signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years, with One (I) Two (2) Year Option-to-Renew, for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County. Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws.
ordinances. codes. rules. regulations. and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be periormed
hereunder and must not commit any trespass on any private property in periorming any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein .
II) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12) Licenses and Certifications: CONSULTANT secure all necessary business and
profeSSional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance.
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification. nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perfonn the
service; (b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perfonn the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from pUblic records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by u.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax: (305) 341-0584
E-mail : tpepe@southmiamifl.gov
18) Corporate Authority. The CONSU L T ANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have , and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same compaJ-able quantities under" similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSUL 1;"ANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disab ility or any other classification that is federally defined as a "protected cl ass " and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach ofthis Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095 , Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSULTANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City. upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions ofthis section, but that the CONSULTANT otherwise complied , must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is ter minated pursuant to
paragraph b. or c. above;
(f) CONSULTANT ack nowledges that upon termination of this Agreement by the City for a
violation o f t hi s Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF , the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
W;tnes<ed J} 1
CONSULTANT: M&J Engi neering P.C .
By: ___ ~_--tt+--"L--_l-=--__ By: ____ ~ ______________________ __
.;
Alex Constantinides , P.E.-Sen ior Vice President John Schreck , P.E. -Senior Vice Preside nt
ATTESTED, oil.
By U ~ " (J
N kenPa}lf; 3
City Clerk
CITY OF SOUTH MIAMI
By: ~~k'cQJ.LLaih·
Shari Kamali
City Manager
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami . FL 33143
I . If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form Included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation. including as set forth in Exh ibit I Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below . within the Contract Time and in accordance with the other
terms a nd conditions of the Solicitation Package .
2 . Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents.
Including witho ut limitation those dealing with the disposition of Proposal/Bid Bond. if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent. by signing and subm itti ng th is proposal . agrees to all of the terms and conditions of the
form of contract that Is a part of the Solicitation package with appropriate changes co conform to the
information contained in this Bid Form. Respond ent agrees to sign and submit the Bonds . if required by
this Solicitation. required insurance documents, and other documents required by the Sol icitation,
inclu din g the Contract if not already submitted , withi n ten (10) calendar days after the date of the City 's
Notice of Award .
3 . In submitting this Proposal. Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. if any
(receipt of all which is hereby acknowl edged .)
Addendum No. 1-3 Dated: 1/7/22 ; 1/20/22 : 1/26/22
b. Respondent has familiarized him se lf w ith the nature and extent of the Contract Documents. the proposed
work. site, locality, and all local conditions and law s and regulations that in any manner may affect cost.
progress, performance o r fu rnis hing of the W ork.
c. Respondent has given the Ci ty written notice of all conflicts. errors or discrepancies ·that it has discovered
in the Contract Documents and , if any conflicts. errors or dis crepancies have been found and notice
given. the Res pondent represents, by submitting its proposal to the City, that the Respondent has
recei ved suffic ient notice of the resolution thereof from the City. that such res ol ution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts . errors or discrepancies.
d. This Proposal is genuine and not made in the inter est of or on behalf of any undisclosed person. firm or
corporation and is not submitted pu rsuant co any agreement or ru les of an y group. association.
organization . or corporation ; Respondent has not directly or in directly in duced or solicited any other
Respondent to submit a fa ls e or sham Proposal ; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY .
4 . Insert the following information for future communication with you concerning this Proposal :
RESPONDENT:
50 of 69 32
Address: 9350 SOllth Djxie Highway , Suite 1440, Miami FI33156
Telephone: (786) 239-7007
Facsimile :
Contact Person John Schreck
S. The terms used in this Proposal which are defined in the Contract have the same meaning as is aSSigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package .
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent her 'eby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal. if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form. and are made a part of this proposal, by reference.
J&M Eng ineering P.C. dba
7. This proposal is submitted by M&J Eng ineering P.C . whose address is 9350 South Dixie Hwy
Suite 144 0, Miami, FL . whose telephone number is (786) 239-7007 . whose fax number is
_______ , whose email address is jschreck@rnjeng ineers .com and whose authorized
representative signing this Bid Form is John Schreck whose title is Senior VP .
8. By submitting this proposal. I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any. checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Propos al , or such informatic," that the City
and I hav e agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation. if any . I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Lt. Signature: __ j~::::::~~'::: ________ _
John Schreck . P.E.
Date of Execution: _--,2J=8/..:::2~02~2,,--_____ _
[Print signatory's name]
END OF SECTION
51 of 69 33
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami , pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Arch itectural Services, as more particula rly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for qUick response and specialized
services , the C ity inten ds to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individu al agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the follOWing:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to thel City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies.
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services. or
Constructio n Eng ineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s}. or in support of projects completed
by City staff. Other profess ional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage . structural, electrical , mechanical,
plumbing, traffic engineering, civil/si te planning , water and sewer, environmental
assessments and engineering, architectural deSign, landscaping design, survey and mapping.
value engineering, construction management, and project management. From time to
time, consultants may be asked to ass ist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Flor id a Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Pro fes sional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
41 of 69
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting , permits applications and processing, as well
as technical specifications , bid documents and tabulat.ions . It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains , and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the C ity.
• Structural (building and mise. components)
This category includes the design. calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes. fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director. Public Works Director or Planning D irector depending upon the scope of the
project and Building Official of the City. The consultant shall review plans for private
development projects and overall design and compatibil ity with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
42 of 69
with City staff and make presentations to the City Commission and appointed boards, as
required .
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field e~ploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
43 of 69
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management D istrict as
well as applicable BUilding codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
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Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involVing
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must prOVide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined Single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed , with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage
Liability.
Business Au t omobile Liab il ity w it h minimu m limits o f One Milli on Dollars ($1 ,000,000.00) plus an
add iti o na l O ne Mill ion Doll ar ($1 ,000,000.00) umbrell a per o ccurrence co m bi ned sin gl e limit fo r Bo dil y
Injury Li a b ility and Pr operty Damage Lia b ility. Umbrella co verage must be afforded on a fo rm no m o re
restric ti ve than the la test editi o n of the Busine ss Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles .
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemn ificat ion requ ire m e nts. other than t he Fire and Extended Coverage Insurance and substituting the
word Sub-contract o r/sub-cons ultant for t he word FIRM w here a pplicabl e .
Fire and Extended Coverage Insu r ance (Buildef'S' Risk). IF A P PLICABLE:
A. In the event that this contract involves the construction of a structure. FIRM must maintain ,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, includ in g Va ndalism & Malicious Mischi e f cove rage,
while in the course of construction , in clu ding foun dations, additions, attachments. a nd all
permanent fixtures belonging to and constituting a part of said bUildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable .
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM 's duty to indemnify the City as provided in this Agreement.
D . Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained . The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements . In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially sim i lar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
term inated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
€-: If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives , Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above , which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands , suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives ,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D . FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives , employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and gUidelines (including any subsequent amendments to such laws,
regulations, policies, and gUidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department ofthe Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S .c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
u.S.C § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 CF.R. §§ 7 and 16, and 44 CF.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Disa bilities Ad Requireme nts. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.s.C §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Afe Dis cr iminati on Act of J 975. Consultant comply with the requirements
of 42 U.s.C §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), wh ich prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Pro tec tio ns for W histJ ebJowers .
(I) In accordance with 41 U.S.C § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law , rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant. .
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
iii . The Government Accountability Office .
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Be/ts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its eml?loyees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administra.tive Requirements, Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other guidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion , or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c . rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondistrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed , or d isclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be prOVided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24 , 1965 , and of the rules, regulations , and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports reqUired by Executive Order
I 1246 of September 24, 1965 , and by rules, regulations, and orders of the Secretary o f
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance w ith such rules , regulations, and order s.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965 , and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965 , or by rule, regulation, or
order of the U .S. Secretary of Labor, or as otherwise prOVided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Contrad Work Hours and Safety Standards Ad Compliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 370 I through 3708), including as follows:
(I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responSible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages . Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontrads . The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responSible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C. Clean Air Act Compliance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.c. § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Wate r Po ll ut ion Con t rol Act Co m plian ce. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.c. §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will , in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Sus pe nsi on and Deba rme nt Co mp lianc e. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the follOWing provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19 , and 2
pt. 3000. As such the Consultant is reqUired to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F .R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 C.F .R. pt. 180, subpart C and 2 C.F .R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 CF.R. pt. 180, subpart
C and 2 CF.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and prOVide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (3/ U.s.c. § 1352. as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.C § 1352, as amended). SpeCifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influenCing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.S.C 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Cope/and "An ti-Kickback " Act. During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.S .c. § 874, 40 U.S.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5 .12.
H. Proc ur eme nt of Rec over ed Materi a/s. Consultant comply with the provisions of 2 C.F .R.323,
includ ing Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/co mprehensiveprocurement-guideline-c pg-program .
I. Domes tic Pr efere nce s [o r Proc ureme nts. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition , or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit Requ irem ents . Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S . Department of the Treasury's Interim Final
Rule, as amended, and other gUidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by providing the
City, the State of Florida, the U.S. Department ofthe Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits . Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices . The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
Sout~iami
THE CITY OF PI EASM,T LIVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8,2022 at 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.govl which is the City of South Miami's web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https:llnerwork.demandstar.€Om/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on February 8, 2022 and any Proposal received by the City through DemandStar after 10:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at hrrps:lfz00m .us/j/3 05 66 36339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID: 3056636339.
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at hnps:/lzoom .us/jl3 0566 3633 9 ,or listen to the meeting on a dedicated phone line by dialing
+ 1-786-635-1003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online. please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network. please click here to create your account and
get notified of bidding opportunities.
Create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
.;:'" DEMANDSTAR
r-
for Business For Govtmmen1 "'.""" ":lIsn up
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I,
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisement! Distribution of Solicitation & Cone of Silence
begins
NON-MANDATORY PRE-BID MEETING
The Procurement Division will conduct the NON-
MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform. Members of the public
may view the meeting via Zoom at https :{/zoom .us!j/3056636339
,or listen to the meeting on a dedicated phone line by dial ing + I -
786-635-1003 Meeting ID : 3056636339 .
Deadline to Submit Questions
Deadline to City Responses to Questions
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electron ically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
httDs:/ /network.d emandstar.com/
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https://zoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
Projected Announcement of selected Contractor/Cone of
Silence ends
END OF SECTION
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm . Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices , equipment, and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms,
and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted. or
investigation and evaluation , indicates inability of a firm to perform.
3. Deviations from Specifications . The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely w ith the City of South Miami.
4 . Designated Contact. The awarded firm must appOint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the follOWing is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7 . The terms. provisions, conditions, and defin itions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation .
S. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (30S) 669-2636.
9 . The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail, or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II . Cone of Silence : You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section SA-7, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission . The Cone of Silence
ordinance, Section SA-7, has been duplicated at the end of these instructions.
12 . Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information .
13 . Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section SA-S (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited , on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section SA-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sole discretion, to do any of the following :
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects .
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation . It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
i) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
I S. Contingent Fees Prohibited . The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person , other than a bona fide employee, contractor or sub-contractorlsub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16. Public Entity Crimes . A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid , proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid, proposal , or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s . 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond , (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18 . Goods: If goods are to be provided pursuant to this Solicitation the following applies:
a) Brand Names : If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification , samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal PI-ice Guidelines.
f) 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
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19 . Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law . The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for
this Project.
20 . Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21 . Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights . The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package . The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, 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.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287 .087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City
and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligatkms to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements~
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will
be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of S% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or per.sonal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida.
29.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
29.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
29.S. Pursuant to the requirements of Section 2SS.0S, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal , agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide fo r the Respondent's s ignature. and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required . The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time w ill . at the City's option , forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond , that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation . If the City does not accept the
Proposal/Bid Bond . the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond .
31 . Pre-proposal Conference Site Visits: If a Mandatory Pr e-proposal conference is scheduled for this project. all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist. or that may hereinafter exist. as a Solicitation
result of failure to make the necessary examinations or investigations . or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent. following receipt of a survey of the
property, if applicable. is bound by knowledge that can be seen or su r mised from the survey and will not be
entitled to any change order due to any such condition . If the survey is provided before the proposal is
submitted. the contract price. o r negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is prOVided subsequent to the submission of the proposal or negotiation in a
r equest fo r qualifications . the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ .
the negotiated price , and award the contract to. or begin negotiations with . the second most responsive.
responsible E-bidder with the lowest price. or in the case of an RFQ . w ith the next best q ualifications . o r to
reject all E-bids .
32. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded . Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents. including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal Requi r ements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Fo r m. if any. and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package .
34. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract. if one is awarded, based on race, color. religion.
national origin . sex. age . sexual orientation, disability. or familial status .
36. All respondents. at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered . including all financi al obligations . Prior to the acceptance of any E-
bid proposal, qualifications or quotation . the City's Finance Department will certify that there are no outstanding
fines. monies. fees. taxes , liens. or other charges owed to the City by the Respondent. any of the Respondent's
principal . partners. members. or stockholders (collectively referred to as "Respondent Debtors"). An E-bid .
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
37. E-bid Protest Procedure. See attached EXHIBIT 7.
38 . Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4.
39. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quaSi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, prOVide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS . If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must prOVide a redacted copy of the document and an un redacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the un redacted document contains confidential information . If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production . If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
43 . Definitions. The following definitions will govern the interpretation of this RFQ:
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
44 . Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved . The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised.
46. Rescind the Award: The City reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and, by responding to this RFQ, Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents
or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager.
48 . Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances , or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably pOSSible.
49. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights , title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" will become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is
provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope
of Services . Notwithstanding the foregoing, the Respondent hereby grants, and must require that its
subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose , in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclusively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality),
height, weight, domestic partnership status, labor organization membership, political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are perfor ming work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. BA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation, or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff' means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation . At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties . Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
'being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agency/firm, address, telephone number, name of contact
person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 ... 03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above.
Response to the Solicitation: This section , including the Cover Letter and Executive
Summary, should summarize the key points of your submittal. Limit to one (I) to
FIFTEEN (15) pages. Response to the Solicitation must include the following.
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services. "
2. Detailed work plan/project approach and schedule designed to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and professional personnel that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person.
4. In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with
engagements of a similar scope including a summary of prior work experience and
competence in undertaking engagements of this type. Experience shown should be of
the lead project personnel who will be assigned to the City's project and will routinely
be interfacing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm . Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers .
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals' relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to htcps :/Inetwork .demandstar,coml The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents.
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents f.XHIBIT 2
X Respondents Bid/Response Form. f.XHIBIT 3
Signed Professional Services Contract Documents (All -including General
X Conditions and Supplementary Conditions, if attached) f.XHIBIT 5
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I . Number of similar projects completed ,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price :
e) Project Name:
Owner Name:
Owner Address :
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4. The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
S. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations ,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address :
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Respondent must list all proposed subcontractors and subconsultant if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of SubcontractorlSubconsultant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFQ.
END OF SECTION
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
______________________ being first duly sworn, deposes and states that:
(I) He/ShelThey is/are the ________________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal ;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent.
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent. or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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
Date
ACKNOWLEDGEMENT·
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of . 20 ___ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
___________ -:-___________ and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/shelthey executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE :
(Name of Notary Public : Print, Stamp, or type as commissioned .)
Personally known to me, or
Personal identification :
Type of Identification Produced
Did take an oath, or
Did Not take an oath .
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the prOVisions of Paragraph (2) (a) of Section 287.133 , Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity c ri me may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub -contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The awar d of any contr act hereunder is subject to the provisions of Chapter I 12 , Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or
agent who is also an officer or employee of the City of South Miami or its agencies .
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA ST AT UT ES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by ______________________________________________________________ __
[print individual 's name and title]
for ________________________________________________________________________ ___
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Feder al Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
--------------------------------------.. )
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
bus iness with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid , proposal or contract for goods or services to be provided to
any public entity or an agency or pol it ical subdivision of any other state or of the Un ited States and involving
antitrust, fraud , theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3 . I understand that "convicted" or "conviction " as defined in Paragraph 287.133 (I) (b), Florida Statutes,
means a finding of gUilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I , 1989, as a result of a jury verdict, non -jury trial , or entry of a plea of guilty or nolo contendere.
4 . I understand that an "affiliate" as defined in Paragraph 287.133 · (I) (a), Florida Stat utes, means :
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime . The term "affiliate" includes those officers ,
directors , executives , partners, shareholders, employees, members, and agents who are active in
the management of an affiliate . The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of eqUipment or income among persons when not for fair
market value under an arm 's length agreement, will be a prima facie case that one person controls
another person . A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate.
S. I understand that a "person" as defined in Paragraph 287.133 (I) (e). Flo rida Statu t es . means any natural
person or entity organized under the laws of any state or of the Uni t ed States with the legal power to enter
into a binding contract and which bids or proposal or a pplies to bid or proposal on contracts for the
provision of goods or services let by a public entity. or which otherwise transacts or applies to transact
business with a public entity . The term "person" includes those officers. directors. executives. partners.
shareholders. employees. members. and agents who are active in management of an entity.
6. Based on information and belief. the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
___ Neither the entity submitting this sworn statement. nor any of its officers. directors. executives.
partners. shareholders. employees. members. or agents who are active in the management of the entity.
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I. 1989.
___ The entity submitting this sworn statement. or one or more of its officers. directors, executives,
partners, shareholders, employees, members, o r agents who are active in the management of the entity. or
an aff iliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989 .
___ The entity submitting this sworn statement, or one o r more of its officers , directors, executives,
partners, shareholders, employees. members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989 . However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .0 17. FLO RIDA ST AT UTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of ______________ " 20 __ .
Pe r sonally known ____________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev,06/11/92)
Notary Public -State of _______ _
My commission expires _______ _
(Printed . typed , or stamped commissioned
name of notary public)
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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 paragraph (I) above .
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (S) days after such conviction.
S) 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENT's Signature: ________________ _
Print Name:
Date:
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, , (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03 as speCified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if
any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever
two or more responses to a solicitation which are equal with respect to price, quality and service are received by
the State or by any political subdivisions for the procurement of commodities or contractual services, a response to
the solicitation received from a business that certifies that it has implemented a drug-free workplace program will
be given preference in the award process. Established procedures for processing tie responses to solicitations will
be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
Witness
BY: __________________________ ___
Name
Title
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The per son , or entity, who is responding to the City's solicitation , hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies " next to the applicable "List ing." The "Listings " can be accessed through the following link to
the Florida Department of Management Services website:
hnp:flwww .dms .myf1orida.com/business operations/state purchasing/vendor information/convicted suspended d i
scriminatory complaints ve ndor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are t r ue and correct:
(I) I represent the Respondent whose name is _______________ '
(2) I have the following relationship with the Respond e nt (O wn er (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership). General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms .myfiorida .com/business _operations/state _purchasi ng/vendor _information/convicted_suspended _ d i
scriminatory_complaints_vendor_lists
(4) I have entered an "x " or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for t hat categor y in the Flo r ida Department of Management
Services website as of the date of this affidavit , Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discrim inatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury. and as the person authorized to sign this statement. I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
By : _----::: __ ---:-:,---,-_-,--__ _
(Signatu re of Declarant)
(Print name of De clarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ . 20 ___ , before me, the undersigned autho r ity . personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public : Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
, individually and on behalf of ______________ _
("Firm") have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any contlict of interest (as defined in section 8A-I) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is (are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names : ________________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of
all City employees and that of all elected and/or appointed city officials or board members , who own, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
refer, on the above line , to the additional sheet and the additional sheet must be signed under oath). [while the
ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly
traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is
not required to make an independent investigation as to the financial interest in the Firm of city employees,
appointed officials, or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\1 2.28. 12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission ; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded , the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm , nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (Le ., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children , brothers and sisters) have also responded , other than the following : ___________ _
____________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is pUblicly traded, the statement in this section (8)
must be based solely on the Signatory's personal knowledge and he/she is not required to make an independent
investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone haVing a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violat ion of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information , and belief the facts stated in it are true and this firm is
in full . compliance with the above reqUirements.
Signature: _____________ _
Print Name & Title: _______________ _
Date: ____________ _
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory
personnel. and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example. and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction .
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commiss ion.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards. and
agencies. such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review
and preservation board. the code enforcement board and such other individuals. boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk. the city manager. department heads. the city
attorney. and all assistants to the city clerk. city manager and city attorney. however titled .
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift. favor, thing of value or financial benefit conferred, or
to be conferred. in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm.
partnership. or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse. parents. children. brothers. and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation. a statement of qualifications in
response to a request by the city. or entering into contract negotiations for the provision
on any goods or services. whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest. direct or indirect with the city or any person or agency acting for the city. and any such contract.
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture. professional engineering. or registered land surveying. as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative . Th is subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable . The remaining provis ions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation .
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission :
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary, or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any ofthe specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(I) Definition . The term "gift" shall refer to the transfer of anything of economic value , whether in the form of
money, service, loan , travel, entertainment, hospitality, item , or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d . Material such as books, reports, periodicals, or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure . Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) E.xploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might .
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city. except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional, or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental, or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained .
c. Approval of department head required . Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and , in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation, or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath. an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public . The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter. license. contract,
certificate, ruling. decision, opinion. rate schedule. franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift. directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question .
(2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate. and make a
presentation on behalf of a third person with respect to any matter. license, contract, certificate. ruling. decision,
opinion. rate schedule, franchise. or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question .
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to. any direct or
indirect interest in any investment, equity. or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a
project. business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official. officer or employee.
(0) Recommending professional services ..
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm. architect or architectural firm. public relations firm, or any other person or firm. professional
or otherwise. to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers. or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall , for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding. application. Solicitation. RFQ . bid. request
for ruling or other determination. contract. claim. controversy. charge, accusation. arrest, or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities.
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The prOVisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives .
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision. approval, disapproval. recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision , approval , disapproval ,
r ecommendation , the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval , disapproval, recommendation, the rendering of advice, investigation , or
otherwise, during his or her city service or employment. All persons covered by th is paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
r equ irements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicabil ity of the ordinance that
person, may submit to the city attorney a full written statem ent of the facts and questions . The city attorney shall
then render an opinion to such person and shall publish th ese opinions w ithout use of the name o f t he person
advised unless the person permits the use of a name.
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists . Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation . The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees . No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees .
Pursuant to '92.525(2)' Florida Statutes, the undersigned, _______ , makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents . Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this ___ day of _______ -', 20
Signature of Representative
Print Name and Title Print name of entity being represented .
END OF SECTION
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: __________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ " 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by _....!.M""& .... Jw E""n.!4;gj.!!.in"'e""e!.!!rin.!4;g'-'P ...... ".C ...... _____ _
On this the ---1.1.1-1 __ day of __ ...LlMw;a~y _____ -" 20--2.L.
BY : John Schreck. P.E.
TITLE: Senior Vice President
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE:
PROJECT DESCRIPTION: PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Agreement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work, within N/A calendar days from the
Commencement Date.
City of South Miami
BY: ____________________ __
(print name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by ______________ _
on this ___ day of ______ , 20 __ .
BY:
TITLE: _____________________ _
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the follOWing:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering. construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant w.ill attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and mise. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and Building Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the Building Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil , nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private develo pm ent p r o je cts for compatibility with the City's Land Develo pm e nt Code
and industry bes t practices. Consultant will attend meetings with City staff a nd make
presentations to the City Commission and appointed boards, as required .
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending p re-co nstructi on a nd constr uc tio n meetin gs ,
responding to Request for Information (R Fl's ). r eviewing an d approving Re qu est fo r
Change Orders (RCO's), certification of p re-m a nu fa ctu r ed mater ia ls , testin g o f m at eria ls ,
monitoring conformance to construction pl an s an d specifi cati o ns , r ev iew a nd a pp r oval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTERIVIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpeni:ine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfu"y authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as wi" protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be lega"y liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until a" the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to a" employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and a" applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that a" of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as we"
as automobile liability , completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises arid Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles .
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have . The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
( I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason . The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
f.: If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives. Sub Contractors or assigns. or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However. the FIRM may purchase Specific Project Professional liability Insurance. in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole.
absolute. and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries. damages. or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses. including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by. or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error.
omission, misconduct, or any gross negligence. intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives.
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement. incident to it. or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith. including the expense or loss of the CITY and/or its affected officers. affiliates,
employees, successors and assigns. including their attorney's fees. in the defense of any action in law or
equity brought against them and arising from the negligent error, omission. or act of FIRM. its Sub-
contractor/sub-consultant or any of their agents. representatives. employees. or assigns. and/or arising
out of. or incident to. this Agreement. or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates. employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM.
its contractor/sub-contractor/sub-consultant or any of their agents. representatives. employees. or
assigns. or anyone acting through or on behalf of the them. and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving. or rejecting any submissions or
acts of FIRM. CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM. its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees.
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However. as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of.
and the conditions under which, indemnification is required. Thus. the design professional's obligations
as to the City and its agencies. as well as to its officers and employees. is to indemnify and hold them
harmless from liabilities. damages. losses. and costs. including. but not limited to. reasonable attorneys'
fees. to the extent caused by the negligence. recklessness. or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set fo~th in Exhibit I Scope of Services, Attachment A, & S,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form . Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated :
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c . Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference .
7. This proposal is submitted by whose address is _______ _
_________ -" whose telephone number is . whose fax number is
_______ , whose email address is and whose authorized
representative signing this Bid Form is whose title is ____ _
8 . By submitting this proposal. I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes. if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: _______________ _ Date of Execution : ___________ _
[Print signatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking: maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(100) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, include:
I. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranking Order
Each Evaluation Selection Committee member rank each Respondent; # I (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent 8'5 total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent 8 is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent 8 = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent Ranking Order
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 1 3 2.50
RESPONDENT B 1 1 3 I 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4.50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presen tations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition.
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Ph ase III -Compet itive N e gotiat io n s
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for qUick response
and specialized services, in accordance with E.xhibit I "Scope of Services," the City intends to
retain a maximum of five (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm. If those negotiations are
unsuccessful. negotiations will be opened with the next ranked firm, etc. Negotiations continue
until the City Manager has successfully completed negotiations with a maximum of five firms, each
of whom execute a contract with the City and be on the City's roster of professional consultants.
The firms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents , to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT. entered into this __ day of . 20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMALI@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at . and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement. the documents
referenced in paragraph. I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed. or Purchase Order. (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager . The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: e-mail:
; Fax: Street Address: ---------------------------------------
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I .
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Th r ee (3) Years. with One (I) Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12)Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786 .28 and anything to the contrary contained therein is null and void and of no force or effect .
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission .
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perfonn the
service; (b) Upon request from the public agency 's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be in s pected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TOTHE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered . Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY :
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (30~) 341-0584
E-mail : tpepe@southmiamifl.gov
18) Corporate Authority. The CONSU L T ANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all ap'plicable
legal requirements necessary to adopt. execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer. in accordance with such officer's powers to bind the
CONTRACTOR hereunder. and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant. the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding .
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or aSSigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement. then the City. upon written notice to CONSULTANT, or its assignee, of such occurrence.
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms. conditions. wages.
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline. or
should respondent. at any time during the term of a contract entered into with City. proVide the same
goods or services with the same comparable quantities under similar terms. conditions, wages. benefits.
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees. subcontractors and
subconsultants. while performing work for the City. including the hiring and retention of employees for
the performance of Work. are prohibited from discriminating against anyone on the basis of race. color,
religious family status, sex (including sexual orientation, gender identity and intersexuality). height.
weight. domestic partnership status. labor organization membership. political affiliation. national origin.
age. disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs. services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial. material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees. subcontractors and
subconsultants. while performing work for the City. including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach ofthis Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla . Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knOWingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation ofthis Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSU L T ANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
CONSULTANT: ____________________________________________ _
Witnessed:
By: _______________________________________________ _
ATTESTED:
By: ____________________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: ___________________ _
City Attorney
By: ____________________________ _____
[print name and title of signatory]
CITY OF SOUTH MIAMI
By: __________________ __
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and gUidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "D";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department ofthe Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.c. § 2000d et seq., as implemented by the Department ofthe Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. America ns with Disab ilities Act Re quirements . The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.s.c. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.c. §§ 360 I), which prohibits discrimination
against individuals on the basis of d iscrimination under any program or activity under this
Agreement. D. Age Discrimi na tion Act of 19 75 . Consultant comply with the requirements
of 42 U.s.c. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Prote ctions [or Whistleblower s.
(I) In accordance with 41 U.S.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress .
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce.
F. Co mpliance with Immigration and Nationality Act (I NA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts ReqUired. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Textin~ While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate. any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements. Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements. Cost
Principles. and Audit Requirements for Federal Awards under 2 CFR Part 200. including. but
not limited to:
A. Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race. color. religion, sex. sexual
orientation, gender identity, or national origin. Such action include. but not be
limited to the following:
a. Employment, upgrading. 'demotion. or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c, rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be prOVided setting forth the
provisions of this nondiscrimination clause,
(2) The Consultant will. in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24 , 1965 , and of the rules , regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U .S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules , regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965 , and such other sanctions may be imposed and remedies invoked as
prOVided in Executive Order I 1246 of September 24 , 1965, or by rule, regulation , or
order of the U.S. Secretary of Labor, or as otherwise prOVided by law .
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules , regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administeri ng agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntract Work Hours and Safety Standards Act Comp li an ce . During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 3701 through 3708), including as follows:
, (I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Vio/ation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withho/ding for unpaid wages and liquidated damages . The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be Withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satiSfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
(4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section.
C. Cl ea n Air Act Com pli ance . During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.S .c. § 740 I et seq ., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Federal Water Pol/ution Control Act Compliance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.C §
1251 et seq., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.C 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Suspension and Debarment Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is reqUired to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into .
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension andlor debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbyinf Amendment (31 U.s.c. § 1352. as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement. have been
paid or will be paid to any person for influenCing or attempting to influence an officer or
employee of any agency. a Member of Congress. an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract. grant. loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL. "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
sUbawards at all tiers (including subcontracts. subgrants. and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Cope/and "Anti-Kickback " Act. During the performance of this Agreement. the Consultant and
its subcontractors comply with the prOVisions of the Copeland "Anti-Kickback" Act as follows :
(I) The Consultant comply with 18 U.s.c. § 874, 40 U.S.c. § 3145. and the reqUirements of 29
C.F.R. part 3 as may be applicable. which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as prOVided in 29
C.F.R. § S.12.
H. Procu rement of Reco vere d Ma te rials. Consultant comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe prOViding for compliance with the contract performance
schedule; (2) meeting contract performance reqUirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/co mprehensiveprocurement-guideli ne-cpg-program .
I. Domestic Preference s for Procurements . To the gr eatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition , or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322 ,
"Domestic preferences for procurements."
J.2 CFR Sub part F -Audit Requ ireme nts. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit PrOVisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended , and other gUidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Cor onavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
reqUired by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time . EN D OF SE CTI ON
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications .
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is
considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in
connection with the recommended award of a contract and who wishes to protest the award, shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the recommendation is considered for action. A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered,
when stamped with the City Clerk's receipt stamp containing the date and time of receipt.
Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of
intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office . In order for the Protest Letter
and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office
must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must
also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in
cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office
and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by
check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which
the protest is based, it shall describe and attach all pertinent documents and evidence relevant and
material to the protest and it shall be accompanied by any required filing. The basis for review of the
protest shall be the documents and other evidence described in and attached to the Protest Letter and
no facts, grounds, documentation, or other evidence not specifically described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Computation of time. No time will be added to the above time limits for service by mail. The last day
of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which
event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall
issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
Manager may then, submit a recommendation to the City Commission for approval or disapproval of
the protest, resolve the protest without submission to the City Commission, or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed
pursuant to the requirements of this section, the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health , safety, or welfare of the public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award .
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any reqUired bonding, including a Performance Bond, Payment Bond , and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you .
Notwithstanding the fact that you have agreed, by responding to the Solicitation , to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion , to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: ____________________________ _
Shari Kamali
City Manager
Dated this __ day of _______ " 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the _____ day of __________ ,. 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
Professional General Engineering & Architectural Services RFQ #PW2022-03
Wage Rates Summary
Job Classification
Principal
Sr. Project Manager
Project Manager
Senior Engineer
Senior Planner
Planner
Senior Traffic Engineer
Traffic Engineer
Senior Designer / Engineer
Designer
Engineering Intern
Senior CADD Technician
CADD Technician
GIS Technician
Senior Construction Inspector
Construction Inspector
Senior Landscape Architect
Landscape Architect
Landscape Architect Intern
Arborist
Utility Coordinator
Surveyor / Mapper
Survey Technician
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Senior Certified Bridge Inspector / Diver
Certified Bridge Inspector / Diver
Fire Protection Engineer
Plumbing Engineer
Mechanical Engineer
Electrical Engineer
Geotechnical Engineer '
Geologist
Environmental Scientist
Senior Administrative Assistant
Clerical
M&J Accepted Rates
$180.00
$150.00
$130.00
$125 .00
$125 .00
$85.00
$125.00
$85.00
$90.00
$80.00
$75.00
$75 .00
$65.00
$80.00
$90.00
$75.00
$125.00
$115.00
$70.00
$75.00
$90.00
$85.00
$60.00
$115.00
$125.00
$135.00
$125.00
$90.00
$90.00
$90.00
$90.00
$90.00
$120.00
$90.00
$85.00
$65.00
$45 .00
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this 3 day of May, 2022. by the CITY OF SOUTH
MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where
applicable; located at 6 130 Sunset Drive, South Miami, FL. , E-mail: SKAMAU@SOUTHMIAMIFL.GOV
and KIMLEY-HORN & ASSOCIATES. INC .• with an office and principal place of business located
at 355 Alhambra Circle. Coral Gables. FL. 33134 and E-mail address of Leo.Almonte@kimley-
horn.com Facsimile transmission number of 561-863-8175 (hereinafter called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of
CONSULTANT as set forth in the following documents, the CITY hereby retains
CONSULTANT to provide the Scope of Services described in Exhibit I to the Solicitation,
as modified by the Contract Documents, (all of which is hereinafter referred to as the
Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the
documents referenced in paragraph I above and the following documents , as well as any
attachments or exhibits that are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services , and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgOing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows: Name: Leonte Almonte. P.E . e-mail:;
of Leo.Almonte@kimley-horn.com Fax: 561-863-8175 Street Address: 355 Alhambra Circle.
Coral Gables. FL. 33134.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I .
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I> Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSU L T ANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein .
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
Il)Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the pUblic records law (s.119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perfonn the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be
stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will
not be considered to have been delivered. Notices .must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax : (305) 341-0584
E-mail : tpepe@southmiamifl .gov
Leonte Almonte, P.E.
Kimley-Horn and Associates, Inc.
3555 Alhambran Circle, Suite 1400
Coral Gables, Florida 33134
18) Corporate Authority. The CONSULTANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach ofthis Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and, intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class". Subcontractors/subconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material breach of this Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSU L T ANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to prOVide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knOWingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation ofthis Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSULTANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in this Section, including this Subsection, requiring the
subcontractors and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the
date first above written, with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
:;j~~~
Nl<en Payne
City Clerk
City Attorney
[print name and title of signatory]
CITY OF SOUTH MIAMI By:Q~()V-t ~
Shari Kamali
City Manager
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami. FL 33143
I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation. including as set forth in Exhibit I Scope of Services, Attachment A, & B,
for the Proposed Price as set forth below. within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents.
including without limitation those dealing with the disposition of Proposal/Bid Bond. if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent. by signing and submitting this proposal. agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds. if required by
this Solicitation. required insurance documents. and other documents required by the Solicitation.
including the Contract if not already submitted. within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal. Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. if any
(receipt of all which is hereby acknowledged .)
Addendum No. 1,2,3 Dated: 1/7/2022,1/20/2022,1/26/2022
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work. site. locality. and all local conditions and laws and regulations that in any manner may affect cost.
progress. performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice
given . the Respondent represents. by submitting its proposal to the City. that the Respondent has
received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group. association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Kimley-Horn and Associates, Inc.
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Address : 355 Alham bra Circl e, Suite 1400, Ca ra l Gab le" Fl33 134
Telephone: 305-535-7750 -------------------------------------------------------------Facsi mile : l ea,Alm a nte@ kimley-harn ,com
Contact Person Leonte Almonte, P.E.
5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation , are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal , by reference.
7. This proposal is submitted by Kimley-Horn and Asso ci ales, Inc. whose address is 355 Alhambra Circle, Suite 1400,
Coral Gables, FL 33134 • whose telephone number is 305-<;73-2025 • whose fax number is
561-863-8175 • whose email address is Leo.Almonte@kimley-harncam and whose authorized
representative signing this Bid Form is Burt Bald o, P.E. whose title is Principal-in-Charg~
8. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
S;""",, ~~ Date of Execution : 4/13/2022 ---------------------
Burt Baldo , P.E.
[Print signatory's name]
END OF SECTION
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EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE ·(5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the follOWing:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be aSSigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not be
limited to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the follOWing:
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• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant shall review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and misc . components)
This category includes the design , calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks ,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
BUilding and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant shall review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the BUilding Official charged with issuing permits. Consultant will attend meetings
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with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant shall review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and pUblic information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials , testing of materials ,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
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In order to be considered, consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department, the State of Florida Department of Health , the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
44 of 69
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTERIVIEWI3832IC
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpenKine.com/pdfs/South Miami LDC.pdf
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Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approvE;!d by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involVing
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5 ,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined Single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable .
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
'The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
e.: If the FIRM is prOViding professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability prOViding for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms speCified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion .
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, ariSing out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims , losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM , its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami. which approval will not be unreasonably withheld .
F. However. as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the cond itions under which, indemnification is reqUired . Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "0";
iii. U.S . Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the follOWing provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.s.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 3 I CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a pare of
this Agreement.
(2) Pursuant to 44 CF.R. §§ 7 and 16, and 44 CF.R. § 206.1 I, and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
C. Am eric ans with Di sabilities Act Requiremen ts. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C §§ 1210 I et seq .), which
prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government
services, and telecommunications. Additionally, Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C §§ 360 I), which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Dis criminati on Act of 1975 . Consultant comply with the requirements
of 42 U .S.C §§ 610 I et seq ., as amended, and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Prot ecti ons for W histleblo wers.
(I) In accordance with 41 U.s.C § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law , rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress .
ii. An Inspector General.
iii. The Government Accountability Office .
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii . A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
prOVided under this section, in the predominant native language of the workforce .
F. Compliance with Immigration and Nationality Act (INA). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. fu1l!Jg While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies deSigned to decrease accidents
caused by distracted drivers.
I. Publication. Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the U.S. Department of the Treasury."
J. Reporting Confli ct. oflnterests. Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other gUidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative ReqUirements, Cost
Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A Equal Employment Opportunity Compliance. During the performance of this Agreement,
the Consultant agrees as follows :
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a . Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to ea-ch labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided adVising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Contract Work Hours and Safety Standards Act Compliance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.s.c. 370 I through 3708), including as follows:
(I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liqUidated damages. In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages. Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (I) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liqUidated damages as prOVided in the clause set forth
in paragraph (2) of this section.
(4)Subcontrocts. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) ofthis section.
C Clean Air Ad Co m pli ance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.C § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U .S.C§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will, in turn, report each violation as reqUired to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office .
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D. Fe dera l W ate r Pollut io n Co ntro l Ad Co m pli ance . During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.s.C §
1251 et seq., as amended) and speCifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Sus pensi on an d Deb arment Compliance. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689 . Consultant
comply with the following provisions :
(I) This Agreement is a covered transaction for purposes of 2 CF.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 CF.R. § 180.995), or its affiliates (defined at 2 CF.R. § 180.905) are
excluded (defined at 2 CF.R. § 180.940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 CF.R. pt. 180, subpart C and 2 CF.R. pt.
3000, subpart C , in addition to remedies available to the C ity, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 CF.R.. pt. 180, subpart
C and 2 CF.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii . Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain , or performing a public (Federal . State or Local)
transaction or contract under public transaction ; violation of Federal or State antitrust
statutes or commission of embezzlement, theft. forgery, bribery, falsification or
destruction of records, making false statements. or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more pUblic
transactions (Federal. State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lo bby ing Am en dmen t (3 / U.s.c. § 13 52 . a s amen ded), During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.S.C § 1352. as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid ,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress. an officer or employee of Congress ,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement. and the extension, continuation, renewal. amendment. or
modification of any Federal contract, grant. loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement. have been
paid or will be paid to any person for influenCing or attempting to influence an officer or
employee of any agency, a Member of Congress. an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement. the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities ," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into . Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.C 1352). Any person who fails to file the reqUired certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
G. Copeland "Anti-Kickback " Act . During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.S.C § 874, 40 U.S.C § 3145, and the requirements of 29
CF.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as prOVided in 29
CF.R. § 5.12.
H. Procurement of Recovered Materials. Consultant comply with the prOVisions of 2 CF.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acquired: (I)
competitively within a timeframe prOViding for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
h ttps:llwww.epa.gov/smm/comprehensiveprocurement-guidel i n e-cpg-program.
I. Domestic Preferences for Procurements. To the greatest extent practicable, Consultant and
its subcontractors provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200 .322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit ReqUirements. Consultant assist the City in complying with the audit
requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule. as amended, and other gUidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida. the U.S. Department of the Treasury. the Treasury Office of the
Inspector General, the Government Accountability Office, or other federal government
entities. and any of their duly authorized representatives. access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant provide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
required by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time.
END OF SECTION
TI IF. CITY Of PL [ASANT LIVING
CITY OF SOUTH MIAMI
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
SUBMITTAL DUE DATE: February 8,2022 at 10 AM
Solicitation Covel" Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City 's request (hereinafter referred to as "Request for
Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for
Proposals " or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee , for
the City of South Miami unless otherwise specifically defined or unless the context in which the word is used
requires it to mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is
to contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," the City seeking to retain the services of CONSULTANTS who can provide General
Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under
continuing professional service contracts to pe rform work as needed on a rotational basis and , the plans and/or
specifications , if any , described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the follOWing webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address
for solicitation information . Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents lis t ed in the Solicitation .
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https:!lnetwork.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Pr oposals must be received electronically through DemandStar, no later than 10:00 A.M . local time (the
"Closing Date") on February 8, 2022 and any Proposal received by the City through Dem andStar after 10:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M . local time on (the Closing Date, February
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https:/lzoo m.us/j/305663633 9 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID : 3056636339.
NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING
The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video
conferencing using the Zoom platform on February 8, 2022 at 10:00 AM. Members of the public may view
the meeting via Zoom at hups://zoom.us lj /3 05663 63 39 ,or listen to the meeting on a dedicated phone line by dialing
+1-786-635-1003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission , to reject any and all
proposals , and the right of the City to waive any irregularity in the Proposals or Solicitat ion procedur e and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC,
City Clerk
City of South Miami
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please click here to create your account and
get notified of bidding opportunities.
Create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
":C-OEMANOSTAR !" ". ForBltSinHS forGCVfmment L ~!!r ~~I\_._, __ ~I~~U~ _J
SCOPE OF SERVICES and SCHEDULE OF VALUES
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I,
ATTACHMENTS A, & B.
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TENTATIVE SCHEDULE
Event Date* Time*
(EST)
Advertisement! Distribution of Solicitation & Cone of Silence
begins 1/5/2022 1:00 PM
NON-MANDATORY PRE-BID MEETING
The Procurement Divis ion will conduct the NON-
MANDATORY PRE-BID MEETING through video
confer encing using the Zoom platform. Members of the publ ic
may view the meeting via Zoom at https:llzoom .usQl3056636339
,or listen to the meeting on a dedicated phone line by dialing + 1-
786-635-1003 Meeting ID : 3056636339.
1/21/2022 10:00 AM
Deadline to Submit Questions 1/26/2022 10:00 AM
Deadli ne to Ci ty Respo nses to Questions 2/12022 10:00 AM
DEADLINE TO SUBMIT RFQ RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business, go to
httos:llnetwork. demand star. coml 2/8/2022 10:00 AM
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:llzoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1003 Meeting
ID : 3056636339. 2/8/2022 10:30 AM
Projected Announcement of selected ContractorlCone of
Silence ends 3/1/2022 7:00 PM
END OF SECTION
5 of 69
INSTRUCTIONS for RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal. as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm . Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested . The proposing firm must demonstrate adequate experience.
organization. offices. equipment. and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right. before recommending any award. to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications. terms.
and conditions . The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted . or
investigation and evaluation. indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate. as applicable. all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone. email. or in
person. and must be knowledgeable of the terms of the contract.
S. Precedence of Conditions. The proposing fi r m, by virtue of submitting a response, agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one haVing the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) SoliCitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted. but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission , if all of the following is established :
a) The proposing firm acted in good faith in submitting the response; .
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7. The terms, prOVisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference . If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting pr ovision(s) in the Solicitation .
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail. e-mail, or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence ," in
accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section SA-7, has been duplicated at the end of these instructions .
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the prOVision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information .
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section SA-S (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is prOVided with this solicitation that may be used to
comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section SA-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result ofthis Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right. in its sole discretion. to do any of the following :
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents .
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is. therefore. important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation . It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal ,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal , as determined
by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents , other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
I S. Contingent Fees Prohibited . The proposing firm , by submitting a proposal , warrants that it has not employed
o r retained a company or person, other than a bona fide employee, conti-actor or sub-contractor/sub-
consultant, working in its employ, to solicit o r secure a contract with the City, and that it has not paid or agreed
to pay any person , company, corporation , individual or firm other than a bona fide employee , contractor or sub-
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16 . Public Entity Crimes . A person or affiliate who has been placed on the convicted vendor list following a
conviction fo r a public entity crime may not submit an E-bid , proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid , proposal , or reply on a contract with a public
entity for the construction o r repair of a public building or public work; may not submit E-bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s . 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list .
17 . Respondents must use the Pr oposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction . Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue
ink . All spaces must be filled in with the requested information or the phrase "not applicable " or "NA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected . Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond, (Bond or cash ier's check), if required, attached to the Proposal Form .
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18 . Goods: If goods are to be provided pursuant to this Solicitation the follow ing applies:
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Sol icitation , whether or not followed by the words "approved equal ", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or speCifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals .
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a
discrepancy, the City reserves the r ight to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so
will be at the Respondent's risk, and errors will riot release the Respondent fr om his/her or its
responsibility as noted herein .
d) Samples: Samples of items, when reqUired, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the retu r n of samples .
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) 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
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration . The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection , as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the ProposallE-bid Bond, if required for
this Project.
20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights : Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22 . Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23 . Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, 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.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City
and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or utilized by the contactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a
judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses, the
Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the
court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this
paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the
City's Indemnification Requirements~
26 4. Respondent w RO s"'~mic,s a proposal in respo derstaRdiRg and eb
ag reement tG inOOm~e-fuU~~tt-ed-by la .... tRe Qt¥ of SOUtR MIami-aAd-its
officers andemp~ from liablli . H:Ig.--OOt Rot limited to reasonable
af;t~~~~IessAess.-willMAess, w3AtonReu or intentional acts
o~GtQJ:...;m . macror il"l tRe-perfurman€8-0Wts
cootractuaJ~ :rllis indemniilcatiQR will slJn ql'e tbe46rmina.rion of tbe aesponde~
OOAtrilGtl.lal Qbligatioos to tbe City Notl>ling GGntaiRed--il:l-t-Ais-soliGitation is iRtended, Ror will It constitl.lt.e-a
~Q...SUs..tRs-Qty in ref.ere~ to its d "'.cisions to reject, award, or not award a ~Rtract , as a~~
cbe claim is ba.sed-.sole~~/Qr collu . a1..will act; as an
agreement by £be RespoA<lent tlut the PrQPosaliB id Bond, if required for tRis project, will ROt be released until
aM-.uAiess tRra ResPQndeAt ",aives any and all Glaims mat tRe Respondent may R3\IS-6g<I~
oot-of-tRis SgliG it a.ti on process QI' uRtil-a.-judgment is entel'elll in tl:l~nt's w 'or in any su it illed "'Rich
00IlQl~ U-a-.jud-gmel"lt is 6Atered in favor of me City in any-lltigatio n fo r damages,
iRterest, costs, Q I' expeASeS a&soGiat~igatiQni tl:l e Pr oposallaid Bond,..i4equired for £bis prnje(;t, '.-,rill
Qe-a~ pay meR/; of tbo&e amol.l Rts-awarded by tRB GOw:t-a~alaAce-due-t.be-Oty-wiU-bs..paid-by
~
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furn 'ish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith . In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida.
29.1. Each Performance Bond must be.in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29.2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
29.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4. Each Bond must be with a Surety company whose qualifications meet the requirements ofinsurance
companies as set forth in the insurance requirements of this solicitation.
29.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the reqUired
insurance documentation as well as a Performance and Payment Bond if these bonds are required . The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liqUidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond , the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents . Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond.
31 . Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition . If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids.
32 . Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
proviSions stated in the appropriate section of the Contract Documents, including the Proposal Form . No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package.
34. Cancellation of E-Bid Solicitation: The City reserves the right to cancel. in whole or part, any request for
proposal when it is in the best interest of the City.
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members, or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
37. E-bid Protest Procedure. See attached EXHIBIT 7.
38. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT 4.
39. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the un redacted document contains confidential information. If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
43. Definitions. The following definitions will govern the interpretation of this RFQ:
"Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
44. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset
Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the folloWing Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal ,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised.
46. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and , by responding to this RFQ , Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents
or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager.
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided . For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics , war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations . Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
49. Proprietary Rights
48 .1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein , which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary
rights.
48.2AII rights, title, and interest in and to certain inventions, ideas , designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" will become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees , agents, subcontractors, or suppliers have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is
provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope
of Services . Notwithstanding the foregoing, the Respondent hereby grants, and must require that its
subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City . Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclUSively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information is deemed to have been
given in confidence and any statement or legend to the contrary is void and of no effect.
49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants,
while performing work for the City, are prohibited from discriminating against anyone on the basis of
race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality),
height, weight, domestic partnership status, labor organization membership, political affiliation, national
origin, age, disability or any other classification that is federally defined as a "protected class" and
Contractor must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
CONE OF SILENCE ORDINANCE, SECTION 8A-7
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows :
Sec. BA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation, or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation, and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation, and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall : (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However. if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation, or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation, or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's PurchaSing Agent, or the City employee who
is designated as being responSible for administering the procurement process for such
solicitation , for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, prOVided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member ofthe City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION
FORMAT FOR RESPONDENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I. Format and Content of RFQ Response
Firms responding to the Solicitation disclose their qualifications to serve as the
City's disaster cost recovery services provider in the format set forth below. Failure
to provide requested information may result in your Response to the Solicitation
being deemed non-responsive and therefore eliminated from further consideration.
A. Title Page
Show the name of Respondent's agency/firm, address, telephone number, name of contact
person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03.
B. Table of Contents
Include a clear identification of the material by section and by page number.
C. Cover Letter and Executive Summary
This letter should be signed by the person in your firm who is authorized to negotiate
terms, render binding decisions, and commit the firm's resources.
Summarize your firm's qualifications and experience to serve as the City Disaster Cost
Recovery provider, and your firm's understanding of the work to be done and include a
commitment to perform the work in accordance with the terms of the Response to the
Solicitation being submitted. This response should emphasize the strength of the firm in
any relevant areas which you feel the City should weigh in its selection, based on the
criteria set forth above .
Response to the Solicitation: This section, in cluding the Cover Letter and Executive
Summary, should summarize the key points of your subm ittal. Limit to one (I) to
FIFTEEN (15) pages. Response to the Solicitation mu st include the follOWing .
I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of
Services."
2. Detailed work plan/project approach and schedule designed to accomplish the
objectives of the proposed project in a timely manner.
3. A list of the executive and profeSSional personn~1 that will be employed in this
engagement and their experience with similar engagements, including the percentage
of project time projected to be spent by each person .
4. In addition to submission of the "Respondents Qualification Statement" found in
the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with
engagements of a similar scope including a summary of prior work experience and
competence in undertaking engagements of this type. Experience shown should be of
the lead project personnel who will be assigned to the City's project and will routinely
be interfaCing with the City.
D. Firm Overview
State the full legal name and organizational structure of the firm . Describe the ownership
structure of your firm. State the location of the office that will be serving the City including
mailing address and telephone numbers.
a. Name of Firm submitting responding to the Solicitation.
b. Name and title of individual responsible for the submittal.
c. Mailing and e-mail addresses.
d. Telephone and facsimile numbers.
E. Personnel and References
Identify the primary individuals who will provide services to the City with regard to the day-
to-day relationship with the City and include a brief resume for each of the primary individuals
including licenses and certifications held by those individuals. Provide a list of five clients
the firm has worked with in the last 36 months. Indicate the firm's experience with clients
within the State of Florida and provide a brief description of the type of services provided as
well as the names, titles, addresses and telephone numbers of those primarily responsible for
the account. In addition to the day-to-day relationship, please provide information regarding
the firm's and individual's experience with engagements which are similar to the project
contemplated by the City. Finally, provide specific services required to complete this
engagement that are provided by your firm, through subcontractors or subconsultants.
F. Other Relevant Experience
Provide a description of your proposed primary individuals' relevant experience over the last
three years with other cities and counties that you believe are relevant to this proposed
engagement. Include three case studies, if available, that illustrate experience with relevant
services where the proposed primary individuals have served for similar engagements as
proposed by the City detailed in the Scope of Services in this RFQ. Please limit your
response in the section to TEN (10) pages.
END OF SECTION
PROPOSAL SUBMITTAL CHECKLIST FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation . Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation . Additional documents may be required and , if so, they will be identified
in an addendum to this Solicitation . The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https:llnetwork.demandstar.com/ The City. at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents.
X Supplemental Instructions and Response to the Solicitation Format
X Indemnification and Insurance Documents EXHIBIT 2
X Respondents Bid/Response Form. EXHIBIT 3
Signed Professional Services Contract Documents (All -including General
X Conditions and Supplementary Conditions, if attached) EXHIBIT 5
X Respondents Qualification Statement
list of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of. Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection .
I. Number of similar projects completed,
a)
b)
In the past 5 years
In the past 5 years On Schedule
In the past 10 years
In the past 10 years On Schedule
2 . List the last five (5) completed similar projects .
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
2097
2090
4065
4060
AlE Services in Sp ecialized Categories on an As-Needed Basis
City of Miami Beach
1700 Convention Center Dr, Miami Beach, FL 33139
(305) 673-7000
(Days): N/A (On-Call) ----------------------------------
b)
c)
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
Project Name :
Owner Name:
Owner Address :
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
Project Name:
Owner Name:
19 of 69
N/A (On-Call)
8/3/2021
NIA (On-CaUl
N/A (On-Call)
Nautilus Neighborhood Traffi c Circles
City of Miami Beach
1700 Convention Center Dr. Miami Beach. FL 33139
(305) 673-7000
835
1112021
1II15l2021
$95.712.50
$B6.582.95
Continuing Services Contract for Utilities and Infrastructure
City of Hollywood
d)
e)
Owner Address:
Owner Telephone:
Original Contract Completion Time
(bays):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price :
Actual Final Contract Price:
Project Name:
Owner Name:
Owner Address :
Owner Telephone :
Original Contract Completion Time
(Days):
Original Contract Completion Date:
2600 Hollywood Blvd, Hollywood, FL 33020
(954) 921-3930
N/A (On-Call)
N/A (On-Call)
3/2/2021
1,373 ,887.75
$857,735.42
The Underline Phase I, II and III Design Criteria Package
Miami-Dade Transit
701 NW 1st Ct, Miami, FL 33136
(305) 798-6253
320
6/2018
7117/2018
$309 ,309.18
$239,714.57
Reconstruction of Krome Avenue from South of SW 296 St
to South of SW 232 St, FDOT District Six
FDOT District Six
1000 NW I II th Ave, Miami, FL 33172
(305) 470-5331
915
11/2021
Actual Final Contract Completion Date: 11102/2021 ----------------------------------
Original Contract Price: $479,044.04
Actual Final Contract Price: $41 B,058.64
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3. Current workload
Project Name Owner Name Telephone Number Contract Price
CMB 23RD ST TWO 10 City of Miami Beach (305) 673-7000 On-Call (N/A)
CMB TWO 9 TRAFFIC CALMING City of Miami Beach (305) 673-7000 On-Call (N/A)
RED ROAD UNEAR PARK SFT Village of Pinecrest (305) 669-6916 $44,000.00
NW 66TH STREET WIDENING City of Doral (305) 593-6740 Ext . 6000 $232,083 .00
4 . The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
See arrached.
b) RESPONDEN T's proposed project organizational chart.
Se e attached in Section E.
c) Resumes of proposed key project personnel, including on-site Superintendent.
See attached in Section E.
5. list and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
n/a
b) Any arbitration or civil or criminal proceedings, or
n/a
Suspension of contracts or debarri ng from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
n/a
6. Government References:
list other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years .
Name of Agency: City of Miami Beach
Address : 1700 Convention Center Dr, Miami Beach, FL 33139
Telephone No.: 305.673.7000
Contact Person : Josiel Fe rrer-Diaz
Type of Project: On-Call
21 of 69
Name of Agency: Miami-Dade Transit ---------------------------
Address : 701 NW 1 st Ct, Miami, FL 33136
Telephone No.: 305.798.6253 ------------------------
Contact Person: Irene Hegedus ---------------------------
Type of Project: Transit, Program Support Services
Name of Agency: FOOT District 6 ---------------------------
Add ress: 1000 NW 1 11th Ave, Miami, FL 33172
Telephone No.: 305.470.5331 ------------------------
Contact Person: Jose A. Barrera, P.E. ---------------------------
Type of Project: Roadway Engineering! Design
22 of 69
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND
PRINCIPAL SUPPLIERS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW1022 -03
Respondent must list all proposed subcontractors and subconsultant, if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Oth . Surveying and
er. Mapp ing , SUE Services Manuel G . Vera and Associates, Inc.
Geotechnical Engineering
Architectural Services
FDOT LAP Support
Traffic and Transportation
Engineering
and
Universal Engineering Sciences, LLC
Castillo Engineering, Inc.
Architects Imer national, Inc.
Janus Research
Caleran Group
MEP Engineering, Inc.
8050 NW 77th Court
Med ley, FL 33166
12030 SW I 29th Court,
Suite 204
FL33186
227 NE 26th Terrace,
Miami, Florida 33137
1107 N. Ward Street
Tampa, Florida 33607
790 NW 107th Ave STE 200,
Miami, FL33172
10590 NW 27 Street
Suite 101
Phone: (305) 945-1990
Fax: (305) 945-1911
Phone: (305 ) 573 -2052
Fax: (305) 576-5150
Phone: (813) 636-8200
Fax: (813) 636-8212
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP .
END OF SECTION
23 of 69
NON-COLLUSION AFFIDAVIT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
5T ATE OF FLORIDA
oA.Af'46.rc:..
COUNTY OF...MIAM I D AD E
--..:B::..;u:..:.rt..:...,::Bc::a;..:;ld:..::o-'-• .:....P:..::.E;:... ______________ being first duly sworn. deposes and states that:
(I) HeJSheJThey isl are the _R_e.:....pr_e_s_en_ta_t_iv_e ___________________ _
(Owner. Partner. Officer. Representative or Agent) of
Kimley-Horn and Associates. Inc . the Respondent that has submitted the
attached Proposal;
(2) He/SheJThey islare fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, 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 Bidding or 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 Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, 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 Respondent 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: L~
Signature f' Witness
~~ Burt Baldo. P.E., Senior Vice President
Witness Print Name and Title
218/2022
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
o~ J.Jf-€,..
COUNTY O F-WIAMl..aABE
8th February 22 On this the day of , 20 __ • before me. the underSigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
24 of 69
Burt Baldo, P.E., Senior Vice President and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed it. ,,\)
WITNESS my hand and official seal. ~ 4 , ~
NOTARY PUBLIC:
SEAL OF OFFICE:
Notal)! Public Slate of FI,-'.
Jeanne M. Doucet
My Commission GG 2084'; •
Expires 08/1212022
25 of 69
Not6}-Public, State of Florida
(Name of Notary Public: Print, Stamp or type as commissioned.)
~ Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
/ Did Not take an oath.
By means of ~ysical presence or _ online notarizatior
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
the City of South Miami
by Burt Baldo, P.E.
[print individual's name and title]
for Kimley-Horn and Associates, Inc.
[print name of the public entity]
[print name of entity submitting sworn statement]
whose business address is 355 Alhambra Circle, Suite 1400
Coral Gables. EL 33134
and (if applicable) its Federal Employer Identification Number (FEIN) is 56-0885615 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
------------------.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Flor ida Statute s, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion. racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict. non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's I~ngth agreement, will be a prima facie case that one person controls
26 of 69
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Flor ida Statutes , means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on informat,ion and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
_X __ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
july I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I,
1989 .
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees , members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of july I,
1989 . However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLOR ID A STATU TES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
I' [Signature]
,20E-. Sworn to and subscribed before me this _B_t_h ___ day of Eeb(iJ ary
J-' -./. ,aU» Personally known _--l,/'------________ _
OR Produced identification ________ _ Notary Public -State of RiJrt &.
My commission expires oi?/, ~ / P.A ~ ,
(Type of identification) (Printed, typed or stamped commissioned
Form PUR 7068 (Rev .06/11192) name of notary public)
By means of rI physical presence or _ online notarization.
27 of 69
Notary Public Slate or Florida
Jeanne M. Doucet
My Commission GG 208431
Expires 0811212022
DRUG FREE WORKPLACE
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program . In order to have a
drug-free workplace program , a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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 paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees. that. as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any 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 this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENn S;,o"",,, ~~
Print Name: Burt Baldo. P.E.
Date: 21812022
28 of 69
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO THE CITY OF SOUTH MIAMI
We, Kimley-Horn and Asso ci ates, Inc., (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES RFQ #PW2022 -03 as specified have the sole responsibility for
compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State
and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and
NJA Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price,
quality and service are received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a response to the solicitation received from a business that certifies that it has implemented a
drug-free workplace program will be given preference in the award process. Established procedures for processing
tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In
order to have a drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance 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
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any 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
ofthis section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above reqUirements:
Manuel G. Vera and Asso ci ates. Inc .. Un iyersa l Engineer ing Sciences . LLC, Castil lo Eng ineering. Inc .. Ar ch itects
International, Inc., Janus Research, Caltran Group
CONTRACTOR
Kimley-Ho rn and As soci ates. Inc .
BY: Burt Baldo, P.E.
Name
Principa l-in -Charge
Title
29 of 69
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The person, or entity, who is responding to the City 's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "listings" summarized below, Respondents must
"Check if Applies" next to the applicable "listing." The "listings" can be accessed through the folloWing link to
the Florida Department of Management Services website:
http;/lwww.dms .myflorida.com /business operations/scate purchasing/vendor informat ion/convicted s uspended di
scriminatory compla ints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, Burt Ba ldo , P.E. (hereinafter referred to as the "Declarant") state, that the following facts are true and
correct:
(I) I represent the Respondent whose name is Kimle y-Horn an d As so ciates. Inc ..
(2) I have the following relationship with the Res pon dent President (O wne r (if Resp o ndent is a sole
proprietor), President (if Respondent is a corpo rat ion ) Pa rtner (if Respondent isa partne rship). G enera.1 Partner (if
Respondent is a Limited Partnership) or Managing Membe r > (if Re spon dent is a Limited lia bility Compan y).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_operations/stateJ>urchasing/vendor_information/convicted_suspended_di
scriminatory _ complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor list
Discriminatory Vendor list
Federal Excluded Parties list
Vendor Complaint list
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements. By:L ~ r (Signature of Declarant)
Burt Baldo . P.E.
(Print name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the 8th day of __ F_e_b_f_u_a _ry __ . 20~. before me, the undersigned authority, personally
appeared Burt Baldo , P E who is personally kn ow to me or wh o provided the
following identification and who took an oat h o r affirme d that t hat helshe/t hey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Pu bl C SlII l!! of Fl orida
Je anne M. Do uce t
My Commission GG 2084 3 1
Explres 0811212022
~iJwS)
N ~ry Public, State of Florida
Je.~(J ife-1-1 . /),2J (/J
(Name of Notary Public: Print,
Stamp or ty pe as 9'mmissioned .)
By means o f _/_ n p~hysical presence Of __ online notafization .
30 of 69
RELATED PARTY TRANSACTION VERIFICATION FORM
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
I Burt BaJdo, P.E., individually and on behalf of Kimley-Horn and Associates. Inc. ("Firm") have Name of
Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of the
City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge,
information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I. and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I , who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is (are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, (while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., spouse, parents, children, brothers and Sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). (while the ethics code still applies , if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm .]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (Le ., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: ________________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
(while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
31 of 69
before any board, commission or agency of the City within the past two years other than as
follows : (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\PurchasingWendor Registration\l2.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission ; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows :
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line ; however, you must make reference, on the above line , to the additional
sheet and the additional sheet must be signed under oath). [whil e the ethics code still a pplies, if th e pe rson
execu ting this form is doing so on behalf of a firm whose stock is publicly trad e d . the state m e nt in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers. or directors of the Firm. or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e . spouse, parents,
children, brothers and sisters) have also responded , other than the following:
_________________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm , or the Firm he/she represents , as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation , I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm .
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics .
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregOing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: ~~
Print Name & Title : _B_u_r_t_B_a_ld_o..;..._P_.E_. ________ _
Date: 2/8/2022
32 of 69
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel, and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes ofthis section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards, and
agencies, such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled .
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, direcdy or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm ,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers, and sisters of the person
involved .
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the City, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction vQidable .
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
pOSition. Nothing in this subsection shall prohibit or make illegal :
(I) The payment of taxes, special assessments or fees for services prOVided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition . The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the pmposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection .
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation .
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary, or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any ofthe specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E.) Gifts.
(I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item , or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals, or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions . A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I ); or
d. Attendance or absence from a public meeting at which official action is to be taken .
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25 .00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others .
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties . ,
(D Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional, or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental, or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained .
c . Approval of department head required . Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation, or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(1<) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the City or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers, or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)J in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The proviSions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The proviSions ofthis subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "di r ectly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice , investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose ofthis subsection only, the listed members ofthe presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees. No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk 's office as a lobbyist and has paid all applicable lobbyist registration fees .
Pursuant to '92 .525(2), Florida Statutes, the undersigned, Burt Baldo , P.E., makes the following
declaration under penalties of perjury :
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
Leonte Almonte, P.E. Project Manager
Burt Baldo, P.E. Principal-in -Charge
Ignacio Lizama, P.E . Discipline Lead, Water and Wastewater Design
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to r egister as a lobbyist, w i ll not be required to pay
any registration fees. The ~ffidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part ofthe procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Executed this 8th day of ___ F_e_br_u_a_ry __ -" 20 22 .
Signature of Representative
Burt Baldo, P.E .
Print Name and Title
Kimley-Horn and Associates, Inc .
Print name of entity being represented .
END OF SECTION
38 of 69
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award .
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any reqUired bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
NotWithstanding the fact that you have agreed, by responding to the Solicitation , to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled , in its sole and absolute discretion , to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000'.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY : __________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ ,. 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by _______________ _
On this the ___ day of __________ , 20 __ .
BY : Burt Baldo , P.E.
TITLE : Senior Vice President
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
NOTICE TO PROCEED
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
TO: DATE :
PROJECT DESCRIPTION : PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL
SERVICES RFQ #PW2022 -03.
You are hereby notified to commence Work in accordance with the Agreement for PROFESSIONAL
GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or
before (Commencement Date). You are to complete the work, within N/A calendar days from the
Commencement Date.
City of South Miami
BY : _________________ _
(prim name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by _____________ _
on this ___ day of _______ , 20 __ .
BY: Burt Baldo, P.E.
TITLE: __ Se_n_io_r_V_ic_e_P_re_si_d_en_t ___ _
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
Professional General Engineering and Architectural Services
RFQ #PW2022-xx
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service contracts to perform work as needed on
a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized
services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5)
separate continuing professional service agreements, each under the same terms
and conditions. Each individual agreement with each consultant will be for a term of three (3)
years with one (I) renewal option of two (2) years, at the sole discretion of the City for a
maximum term of five (5) consecutive years.
The services to be provided by the consultant(s) will include the following:
(I) General Consulting Services whereby the consultant may serve as advisor, administrative
consultant, or technical consultant to the City. The consultant will be asked to act as a
technical resource to support and supplement City Staff.
(2) Services could also be project specific and will be assigned on a work-order basis whereby
the consultant will be asked to prepare planning documents, engineering studies,
construction plans and specifications and/or provide construction management services
for specific projects as defined by the City. The construction management services, or
Construction Engineering Inspection (CEI) may be provided for projects completed by
the consultant, completed by another consultant(s), or in support of projects completed
by City staff. Other professional services to be provided may include, and are not limited
to, architectural services for miscellaneous projects; design and/or construction
management projects; such as roadways, drainage, structural, electrical, mechanical,
plumbing, traffic engineering, civil/site planning, water and sewer, environmental
assessments and engineering, architectural design, landscaping design, survey and mapping,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, local or state governments or developers.
(3) Services could also be related to Federal Government emergency or non-emergency
funding programs, allocated to the City through the Florida Department of Transportation
(FOOT) Local Agency Program (LAP), FEMA and/or other federally funded government
adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA")
and include but not be limited to: architecture and engineering design, engineering studies,
construction plans, construction management services, Construction Engineering
Inspection (CEI) and other related services. The Professional Services Contract includes
federally required contract provisions relating to ARPA.
The categories of services to be rendered include, but are not limited to the following:
• Traffic and Transportation Engineering
This category includes field data collection and analysis for the preparation of traffic
studies including, but not limited to: Intersection and roadway capacity analysis; signal
warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming
studies; trip generation; forecasting and assignment; as well as pavement markings and
signing. Consultant review plans, including privately prepared traffic impact analyses,
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required .
• Roadway, Drainage, and General Engineering Design
This category includes roadway design and drainage analysis needed to prepare a complete
set of roadway construction plans including drainage calculations and design, traffic
control, maintenance of traffic, street lighting, permits applications and processing, as well
as technical specifications, bid documents and tabulations . It will also include site plan
development and grading plans.
• Water and Wastewater Design
This category includes the preparation of plans and specifications for water distribution
plans, sanitary sewer plans for gravity mains and force mains, and sanitary sewer pump
stations. The design will follow the Miami Dade County Water and Sewer Department
criteria and specifications for donation projects, as required by the City.
• Structural (building and misc. components)
This category includes the design, calculations and analysis needed to prepare a complete
set of construction documents for mise. structures, retaining wall, culverts, building
structures, as needed including foundation designs.
• Environmental Engineering
This category includes field data collection, site investigations, environmental assessments
and design as needed to prepare remediation plans for underground storage tanks,
hazardous waste materials, asbestos removal, wetland mitigations, endangered species
evaluations and permit applications.
• Architectural Services
This category includes the architectural and engineering reviews necessary to confirm
plans prepared by individuals or consultants for either City or private development
projects for compliance with the City's Land Development Code and to applicable
Building and Zoning codes, fire codes and Americans with Disabilities Act requirements.
Consultant personnel would work under the supervision of the Parks and Recreation
Director, Public Works Director or Planning Director depending upon the scope of the
project and BUilding Official of the City. The consultant review plans for private
development projects and overall design and compatibility with surroundings and vision
of the City and, best practices of the industry. Provides recommendation of approval to
the City's Parks and Recreation Director, Public Works Director or Planning Director
and the BUilding Official charged with issuing permits. Consultant will attend meetings
with City staff and make presentations to the City Commission and appointed boards, as
required.
• Landscape Architecture Services
This category includes preparation of landscape plans (conceptual through final drawings
and specifications) including tree selection, tree identification and biology, growth
characteristics and requirements (water, soil, nutrition), installation and establishment, as
well as pruning and maintenance recommendations. The consultant review plans for
private development projects for compatibility with the City's Land Development Code
and industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
• Certified Arborist Services
This category includes review of tree removal permit applications that are submitted to
ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land
Development Code. The review includes the initial site inspection followed up by the
determination of mitigation and a final inspection. When needed, assist City Departments
with other issues related to the maintenance, preservation, and protection of trees on
both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection).
• Construction Management and Construction Engineering Inspection Services
(CEI)
This category includes engineering services necessary for the analysis of construction
schedules, construction delay claims, change orders, preparation of progress and final
payment estimates, contract correspondence, preparation of minutes for various
meetings and public information programs. It will also include detailed inspections during
the construction process, attending pre-construction and construction meetings,
responding to Request for Information (RFl's). reviewing and approving Request for
Change Orders (RCO's), certification of pre-manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval of
shop drawings, review and recommend progress payments, preparation of progress
reports and certifying the project
All documents are to be signed and sealed by a Professional Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B.
In order to be considered. consulting firms or team joint ventures (subcontractors) must have
experience in all related areas described above and be particularly familiar with the design criteria
and standard used within each area of expertise and in particular the practices of the State of
Florida Department of Transportation. Miami-Dade County Public Works Department. Miami-
Dade County Department of Environmental Resources Management and Miami-Dade County
Water and Sewer Department. the State of Florida Department of Health. the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested
firms provide services for all of the different disciplines mentioned; therefore, the
City will consider joint ventures, and/or subcontractors, to the prime Consultant.
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
LINKS TO THE CITY'S COMPREHENSIVE PLAN:
HTTP://WWW.SOUTHMIAMIFLGOV/DOCUMENTCENTER/VIEW/3832/C
OMPREHENSIVE-PLAN-DIA--GOPS-FINAL
LAND DEVELOPMENT CODE:
http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf
Insurance
EXHIBIT 2
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable. .
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable. whether such operations be by the FIRM or by a
Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims 'for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership. maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws . In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability. contractual liability. severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Compr ehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemn ification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
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) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
• Owned Vehicles .
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable .
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or poliCies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the reqUired policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as prOVided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated AVII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to prOVide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured . The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or 'personal and advertising injury' and it will provide to the
City all of the coverage that is typically prOVided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
'This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten (10)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
E:-If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion .
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM .
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration an.d at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to prOVide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design profeSSional contracts, and pursuant to Section 725 .08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required. Thus, the design professional's obligations
as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them
harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
design profeSSional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
PROFESSIONAL ENGINEERING SERVICES
RFQ #PW2022 -03
RESPONDENTS RESPONSE
FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & 8,
for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award .
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY .
4. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile :
Contact Person
S. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package .
6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent her eby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal , if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal , by reference.
7 . This proposal is submitted by _____________ whose address is _______ _
_________ -'. whose telephone number is . whose fax number is
______ --'. whose email address is and whose authorized
representative signing this Bid Form is whose title is ____ _
8. By subm itting this proposal. I. for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms.
with any appropriate blank boxes, if any. checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form , that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature: _______________ _ Date of Execution : ___________ _
[Print signatory's name]
END OF SECTION
EXHIBIT 4
EVALUATION AND SELECTION CRITERIA
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate
and rank proposals on the technical criteria listed below. The Evaluation Selection Committee
will be comprised of appropriate City personnel and/or members of the community, as deemed
necessary, with the appropriate experience and/or knowledge. Respondents deemed as best
suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or
presentations, ranking and subsequent negotiations with the highest ranked Respondent.
The criteria are itemized with their respective weights for a maximum total of one hundred
(100) points per Evaluation Selection Committee member. The evaluation factors used for
determining qualifications for scoring and ranking, including average ranking order, include:
I. Qualifications, competency, and technical expertise of the firm to perform the services
to municipalities in accordance with the Scope of Services:
Maximum Points: 40
2. Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project, and experience and qualifications of
subcontractors.:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 10
4. Technical Approach:
a) Experience of the Respondent in previous projects of similar size and scope of
the City of South Miami's specifications
b) Technical approach in the Respondent to mobilize and perform the many aspects
of the design work.
Maximum Points: 20
Average Ranldng Order
Each Evaluation Selection Committee member rank each Respondent; #1 (Highest Total
Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each
Selection Committee Member (Rater) are added and totaled. The total is divided by the
number of Raters and the lowest number represents the most qualified firm. In the example
below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals
the lowest number of 1.50 and therefore Respondent B is considered the most qualified
and eligible for the award of a contract, subject to satisfactory negotiations:
Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50
Respondent Ranking Order
AVG
Rater #1 Rater #2 Rater #3 Rater #4 RANK
RESPONDENT A 4 2 1 3 2.50
RESPONDENT B 1 1 3 1 1.50
RESPONDENT C 2 3 2 2 2.25
RESPONDENT D 5 4 4 5 4 .50
RESPONDENT E 3 5 3 4 3.75
Phase II -Oral Presentations
Upon completion of the criteria evaluation indicated above by the Evaluation Selection
Committee, including rating, and ranking, the Evaluation Selection Committee may choose to
conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation
Selection Committee deems to warrant further consideration based such things as scores in
clusters; based on the preliminary rating and rankings, and/or maintaining competition .
Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as
described above, remaining in consideration based upon the written documents, combined with
the oral presentation.
Phase III -Competitive Negotiations
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and speCialized services, in accordance with Exhibit I "Scope of Services," the City intends to
retain a maximum of five (5) qualified firms under five (5) separate but similar agreements.
The City Manager commence negotiations with the first ranked firm. If those negotiations are
unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations continue
until the City Manager has successfully completed negotiations with a maximum of five firms, each
of whom execute a contract with the City and be on the City's roster of professional consultants.
The firms not be in competition with each other except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
EXHIBIT 5
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
THIS AGREEMENT, entered into this __ day of , 20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
SKAMAlI@SOUTHMIAMIFL.GOV and with an office and principal place
of business located at I and E-mail address of
_________ and Facsimile transmission number of (hereinafter
called the "COSULTANT".
WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and
ARCHITECTURAL SERVICES; and
WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the
Solicitation); and
WHEREAS, the CITY desires to retain CONSULTANT, to provide the required services based
on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of
providing said services in a professional and timely manner and in accordance with the CITY's goals and
requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance with
the terms and conditions set forth herein .
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
I) Engagement of Consultant: Based on the representations of CONSULTANT as set
forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of
Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which
is hereinafter referred to as the Work").
• RESPONDENT'S BID FORM, attached as "Exhibit 3
• RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as
"Attachment A" to Notice of Award
2) Contract Documents: The Contract Documents include this Agreement, the documents
referenced in paragraph I above and the following documents, as well as any attachments or exhibits that
are made a part of any of the Contract Documents
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Mandated Federal Agreement Conditions attached as Exhibit 6 to the
Solicitation documents.
• Solicitation documents for PROFESSIONAL GENERAL ENGINEERING
and ARCHITECTURAL SERVICES RFQ #PW2022-03.
This Agreement and the Solicitation documents, the Scope of Services, and the Insurance &
Indemnification Requirements take precedence over CONSULTANT's response to the CITY's
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ
#PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing
documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a
part hereof by reference.
3) Date of Commencement: CONSULTANT commence the performance of the Work
under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter
referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time
is of the essence .
4) Primary Contacts: The Primary Contact Person in charge of administering this
Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's
designee who is designated in a writing signed by the City Manager. The Primary Contact Person for
CONSULTANT and his/her contact information is as follows : Name: e-mail:
: Fax: Street Address: ---------------------------------------_.
5) Scope of Services: The services to be provided are as set forth in the Scope of Services,
attached as "Exhibit I.
6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance
under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set
forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A
to Notice of Award}, unless modified in writing Signed by the City and CONSULTANT.
7) Time Provisions: The term of this Agreement commences on the Work Commencement
Date and continues for Three (3) Years. with One (I) Two (2) Year Option-to-Renew. for a
term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of
the City Manager unless the Agreement is earlier terminated in accordance with the Contract
Documents.
8) Termination: This Agreement may be terminated without cause by the CITY with a thirty
(30) day prior written notice. This provision supersedes and takes precedence over any contrary
provisions for termination contained in the other Contract Documents.
9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade
County, Florida.
10) Duties and Responsibilities: CONSULTANT must comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Agreement or the goods and/or services to be performed
hereunder and must not commit any trespass on any private property in performing any of the work
embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in
this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though
such provisions and/or clauses were included herein.
I I) Change Orders: No additional Work or extras may be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents and approved by the City Attorney as to form and legality.
12)Licenses and Certifications: CONSULTANT secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance,
indemnification and bonding requirements set forth in the Contract Documents. In the event that
any of the Contract Documents provide for indemnification, nothing contained therein will be
construed to imply that the City has waived its sovereign immunity as provided by Florida Statute,
Section 786 .28 and anything to the contrary contained therein is null and void and of no force or effect.
14)Jury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Agreement is required to be approved by the City Commission, all amendments thereto must
be approved in the same manner and with the same formality as this Agreement if in the opinion of the
City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph
may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or
omission.
16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are
required to comply with the public records law (s .119.070 I) while providing goods and services on behalf
of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its
subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically
required to: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency 's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no
cost, to the public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor must destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
contractor must meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian of
public records, in a format that is compatible with the information technology systems of the public agency.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TOTHE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
17) Notices. Whenever notice is required or permitted herein, it must be delivered by hand
delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return
receipt requested, and will be deemed delivered on the date shown on the e-mail or delivery
confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed . If hand delivered to the City, a copy must be
stamped with the official City receipt stamp shOWing the date of deliver; otherwise, the document will
not be considered to have been delivered . Notices must be delivered to the following individuals or
entities at the addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Fax : (305) 341-0584
E-ma il: tpepe@southmiamifl.gov
18) Corporate Authority. The CONSU L TANT and its representative who signs this
Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative
have, and have exercised, the required corporate power and that they have complied with all applicable
legal requirements necessary to adopt, execute and deliver this Agreement and to assume the
responsibilities and obligations created hereunder; and that this Agreement is duly executed and
delivered by an authorized officer, in accordance with such officer's powers to bind the
CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance
with its terms, conditions and provisions.
19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the
CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the
CONTRACTOR's responsibility to determine if there is grant funding.
20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement
by reference.
21) Transfer and Assignment. None of the work or services under this Agreement may be
subcontracted or assigned without prior written consent from the CITY which may be denied without
cause.
22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this
Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence,
will have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any
CONSULTANT.
23) Most Favored Public Entity. CONSU L TANT represents that the prices negotiated with
the City do not exceed existing prices CONSULTANT is offering to other customers for the same or
substantially similar items or services for comparable quantities under similar terms, conditions, wages,
benefits, insurance coverage and any other material cost factors. If CONSU LTANT's prices decline, or
should respondent, at any time during the term of a contract entered into with City, provide the same
goods or services with the same comparable quantities under similar terms, conditions, wages, benefits,
insurance coverage and any other material cost factors, CONSULTANT immediately extend the same
prices to City.
24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of employees for
the performance of Work, are prohibited from discriminating against anyone on the basis of race, color,
religious family status, sex (including sexual orientation, gender identity and intersexuality), height,
weight, domestic partnership status, labor organization membership, political affiliation, national origin,
age, disability or any other classification that is federally defined as a "protected class" and
CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees,
subcontractors and subconsultants who are performing work for the City and must ensure
nondiscrimination in all programs, services and activities that are part of the Scope of Services. A
violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must
include in all of its subcontracts the following clause:
"Subcontractors/subconsultants and all of their employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the bas is of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height , weight, domestic partnership status, labor organization
membership , political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected cl ass". Subcontractorslsubconsultants must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and
subconsultants who are performing work for the City and must ensure nondiscrimination in
all programs, services and activities that are part of the Scope of Services. A violation of this
paragraph is a substantial, material br each ofthis Subcontract."
25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance
with Section 448.095 , Fla . Stat., CONSULTANT and its subcontractors and subconsultants must
register with and use the E-Verify system to verify work authorization status of all employees hired after
January I, 2021. The CONSULTANT and all subcontractors and subconsultants must comply with and
be bound by the following:
(a) CONSULTANT must require each of its subcontractors and subconsultants to provide
CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not
employ, contract with , or subcontract with an unauthorized alien . CONSULTANT must
maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pu r suant
to the records retention requirements of this Agreement;
(b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith
belief that a person or entity with which it is contracting has knowingly violated Section
448.09( I), Fla . Stat. or the provisions of this section must terminate the contract with the
person or entity;
(c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated
the provisions of this section, but that the CONSULTANT otherwise complied, must
promptly notify CONSULTANT and CONSULTANT must immediately terminate the
contract with the subcontractor and subconsultant;
(d ) A contract ter minated under the provis ions ofthis Section is not a breach of contract and
may not be considered such ;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Agreement is terminated pursuant to
paragraph b. or c. above;
(f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a
violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public
contract for at least one (I) year. CONSU LT ANT further acknowledges that
CONSULTANT is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts . CONSULTANT or subcontractor and subconsultant must insert in any
subcontracts the clauses set forth in th is Section , including this Subsection , requiring the
subcontractor s and subconsultant to include these clauses in any lower tier subcontracts.
CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower
tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to
enforce compliance is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties , have executed this Agreement, on or before the
date first above written , with full knowledge of its content and significance and intending to be legally
bound by the terms hereof.
[SIGNATURE BLOCK TO FOLLOW]
SIGNATURE PAGE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
CONSULTANT: ____________________ _
Witnessed:
By: ____________________ _
ATTESTED:
By: __________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: ____________________ _
City Attorney
By: __________________________ _
[print name and title of signatory]
CITY OF SOUTH MIAMI
By: __________________ _
Shari Kamali
City Manager
EXHIBIT 6
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
Mandated Federal Agreement Conditions.
A. In connection with the performance of this Agreement, Consultant acknowledges that
compensation for the Work performed under this Agreement be partially funded using
the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Consultant comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and gUidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. Interim Final Rule, attached hereto as Exhibit "0";
iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto
as Exhibit "E";
iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto
as Exhibit "F";
v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions,
attached hereto as Exhibit "G";
vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
attached hereto as Exhibit "H."
B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify
compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure
that performance of work in connection with this Agreement follows the certifications
contained in Exhibit F, and also adhere to the following provisions:
(I) The Consultant and its subcontractors, successors, transferees, and assignees
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.c. § 2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this Agreement. Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.c. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 3 I CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
(2) Pursuant to 44 C.F .R. §§ 7 and 16. and 44 C.F.R. § 206.1 I. and that the Consultant
undertake an active program of nondiscrimination in its administration of the Work
under this Agreement.
c. Americans with Disa bilities Act Re quire me nts. The Consultant agrees to comply with the
Americans with Disabilities Act (Public Law 101 -336. 42 U.s.c. §§ 12101 et seq.). which
prohibits discrimination by public and private entities on the basis of disability in
employment. public accommodations. transportation. State and Local government
services. and telecommunications. Additionally. Consultant agrees to comply with Section
504 of the Rehabilitation Act of 1973 (29 U.S.c. §§ 360 I). which prohibits discrimination
against individuals on the basis of discrimination under any program or activity under this
Agreement. D. Age Discrim inati on Act of 1975 . Consultant comply with the requirements
of 42 U.S.c. §§ 610 I et seq .. as amended , and the Treasury's implementing regulations (31
CFR Part 23), which prohibits the discrimination on the basis of age in programs or
activities under this Agreement.
E. Protections for Whistleb lowers .
(I) In accordance with 41 U.s.c. § 4712, Consultant may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes
is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds , an abuse of authority relating to a federal contract or grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress .
ii. An Inspector General.
iii. The Government Accountability Office.
A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
An authorized official of the Department of Justice or other law enforcement agency.
vi. A court or grand jury.
vii. A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Consultant inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
F. Co mpli ance with Immigration and Nat ionality Act (I NA ). Consultant hereby certifies
that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of
the Immigration and Nationality Act ("INA")].
G. Seat Belts Requ ired . Pursuant to Executive Order 13043, 62 FR 19217, Consultant
adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Consultant
and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to
Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban
text messaging while driving and workplace safety policies designed to decrease accidents
caused by distracted drivers.
I. Publication . Consultant obtain approval from the City in writing prior to issuing any
publications in connection with this Agreement. If approved by the City, the Consultant
include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award
number (FAIN) [Insert Project FAIN] awarded to the City of Cutler
Bay by the u.s. Department ofthe Treasury."
J. Reporting Conflict of Interests . Consultant agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds
awarded under the American Rescue Plan Act in accordance with 2 CFR
200.112.
Compliance with Uniform Administrative Requirements, Cost Principles. and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the
Interim Final Rule and other guidelines provided in connection with the American Rescue
Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost
Principles, and Audit ReqUirements for Federal Awards under 2 CFR Part 200, including, but
not limited to:
A. Equal Employment Opport unity Compliance. During the performance of this Agreement,
the Consultant agrees as follows:
(I) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action include, but not be
limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b . layoff or termination;
c. rates of payor other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation , proceeding, hearing, or action , including an investigation
conducted by the employer, or is consistent with the Consultant's legal duty to furnish
information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Consultant will comply with all provisions of Executive Order I 1246 of
September 24, 1965 , and of the rules, regulations, and relevant orders of the
U.S. Secretary of Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and w ill permit access to his books, records, and accounts by
the administering agency and the U.S . Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations , and orders .
(7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order I 1246 of
September 24, 1965 , and such other sanctions may be imposed and remedies invoked as
provided in Executive Order I 1246 of September 24, 1965 , or by rule, regulation , or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965.
so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however. that in the event a Consultant becomes
involved in, or is threatened with. litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
B. Co ntr ad Wo rk Hou rs and Safety Standa rds Ad Comp li ance. During the performance of this
Agreement, the Consultant comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.s.c. 370 I through 3708), including as follows:
(I )Overtime requirements. No Consultant or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or mechanics
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation ; liability for unpaid wages; liquidated damages . In the event of any violation of the
clause set forth in paragraph (I) of this section the Consultant and any subcontractor
responsible therefor be liable for the unpaid wages. In addition, such Consultant and
subcontractor be liable to the United States, for liquidated damages . Such liquidated
damages be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the ove r time wages required by the clause set forth in paragraph (I) of this section.
(3)WithhoJding fo r unpaid wages and liquidated damages. The C ity upon its own action or
upon written request of an authorized representative of the U.S. Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the Consultant or subcontractor under any such contract or any other Federal contract
with the same Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as
may be determined to be necessary to satisfy any liabilities of such Consultant or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section .
(4)Subcontrods. The Consultant or subcontractor insert in any subcontracts the clauses set
forth in paragraph (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Consultant be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (I) through (4) of this section .
C. Cl ean Air Ad Com pli ance. During the performance of this Agreement, the Consultant comply
with the provisions of Clean Air Act (42 U.s.c. § 740 I et seq., as amended) and specifically
agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq.
(2) The Consultant agrees to report each violation to the City own and understands and agrees
that the City will , in turn , report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
D . Federal Water Pol/uti on Con t rol Act Co m pli ance. During the performance of this Agreement, the
Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.c. §
125 I et seq ., as amended) and specifically agrees as follows:
(I) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.s.c. 125 I et seq.
(2) The Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
E. Sus pens ion and De barm ent Co mpli anc e. During the performance of this Agreement, the
Consultant warrants that Consultant or its subcontractors are not debarred, suspended or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant
comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F .R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
pt. 3000. As such the Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R . § 180 .940) or disqualified (defined at 2
§ 180.935).
(2) The Consultant must comply with 2 C.F.R . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R . pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F .R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions. (5) Consultant certifies that they: i. Are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had
a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public
transactions (Federal, State or Local) terminated for cause or default. If the Consultant
is unable to obtain and provide such certification, then the Consultant attach an
explanation to this Agreement as to why not.
F. Byrd Anti-Lobbying Amendment (3/ U.s.c. § /352. as amended). During the performance of this
Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd
Anti-Lobbying Amendment (31 U.s.c. § 1352, as amended). Specifically, Consultant represents
and warrants as follows:
(I) No Funds received by the Consultant under this Agreement have been paid or will be paid,
by or on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any monies, other than Funds received by Consultant under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The Consultant require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all such sub-recipients certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31
U.s.c. 1352). Any person who fails to file the required certification be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure .
G . Cope/and "Anti-Kickback " Act During the performance of this Agreement, the Consultant and
its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows:
(I) The Consultant comply with 18 U.s.c. § 874, 40 U.S.c. § 3145, and the requirements of 29
C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement.
(2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above
and such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
H. Procurement of Recovered Materia/s. Consultant comply with the provisions of 2 C.F.R.323,
including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance
of this Agreement, the Consultant make maximum use of products containing recovered
materials that are EPA-designated items, unless the product cannot be acqUired: (I)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https:llwww.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
I. Domestic Preferences for Procurements . To the greatest extent practicable, Consultant and
its subcontractors prOVide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
"Domestic preferences for procurements."
J.2 CFR Subpart F -Audit ReqU irements. Consultant assist the City in complying with the audit
requirements under 2 CFR SUbpart F -Audit ReqUirements ("Federal Audit PrOVisions")
and the reporting requirements of the U.S. Department of the Treasury's Interim Final
Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(I) Consultant assist the City in complying with the Federal Audit Provisions by prOViding the
City, the State of Florida, the U.S. Department ofthe Treasury, the Treasury Office ofthe
Inspector General, the Government Accountability Office, or other federal government
entities, and any of their duly authorized representatives, access to personnel, accounts, books,
records, supporting documentation, and other information relating to the performance of the
Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant
promptly assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Consultant keep all Documentation up to date throughout the performance of this
Agreement and the Work. Consultant prOVide the City with all Documentation for each fiscal
year by October I of each year or within five days of the completion of the Work, whichever
occurs first. Consultant assist the City in complying with additional guidance and instructions
issued by the U.S. Department of the Treasury governing the reporting requirements for the
use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds.
12. Notices. The City and Consultant agree that the names and addresses for any notices
reqUired by the Consultant be addressed to the names and addresses listed on the signature
page of this Addendum or such other address as the party may have designated by proper
notice from time to time. END OF SECTION
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid specifications or
any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within
three calendar days prior to the date set for opening of bids . A notice of intent to file a protest is
considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped
with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a
protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in
connection with the recommended award of a contract and who wishes to protest the award, shall file a
written notice of intent to file a protest with the City Clerk's office within three calendar days after the
City Commission meeting at which the recommendation is considered for action . A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered,
when stamped with the City Clerk's receipt stamp containing the date and time of receipt.
Protest of solicitation . A protest of the solicitation or award must be in writing ("Protest Letter") and
submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of
intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required
filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter
and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office
must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must
also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in
cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While
the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be
timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office
and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by
check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which
the protest is based, it shall describe and attach all pertinent documents and evidence relevant and
material to the protest and it shall be accompanied by any required filing. The basis for review of the
protest shall be the documents and other evidence described in and attached to the Protest Letter and
no facts, grounds, documentation, or other evidence not specifically described in and attached to the
Protest Letter at the time of its filing shall be permitted or considered in support of the protest.
Computation of time. No time will be added to the above time limits for service by mail. The last day
of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which
event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any
formula used for assigning points in making an award determination, nor shall it challenge the City's
determination of what is in the City's best interest which is one of the criteria for selecting a bidder
whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall
issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said
recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City
Manager may then. submit a recommendation to the City Commission for approval or disapproval of
the protest. resolve the protest without submission to the City Commission. or reject all proposals.
Stay of procurement during protests. Upon receipt of a timely. proper and valid Protest Letter filed
pursuant to the requirements of this section. the City shall not proceed further with the solicitation or
with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above. unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health . safety. or welfare of the public or to prote:ct substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
END OF DOCUMENT
ATTACHMENT A
TO NOTICE OF AWARD
RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE
PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES
NOTICE OF AWARD
PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES
RFQ #PW2022 -03
The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's
advertisement for Request for Proposal and Instructions to Respondents .
You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL
ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS
NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award .
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you .
NotWithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal , revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000 .00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY : ___________________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by _______________ _
On this the ___ day of __________ " 20 __ .
BY :
TITLE: Burt Baldo, P.E ., Senior Vice President
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
39 of 69
Kimley») Horn
Professional General Engineering & Architectural Services RFQ #PW2022-03
Wage Rates Summary
City of South Miami
Job Classification Benchmark Hourly Rate
Principal $180.00
Sr. Proj ect Manager $150.00
Project Manager S130.00
Senior Engineer $125.00
Senior Planner $125.00
Planner $85.00
Senior Traffic Engineer $125.00
Traffic Engineer $85 .00
Senior Designer / Engineer $90 .00
Designer $80.00
Engineering Intern $75.00
Senior CADD Technician $75 .00
CADD Technician $65 .00
GIS Technician $80.00
Senior Construction Inspector $90.00
Construction Inspector $75.00
Senior Landscape Architect $125 .00
Landscape Architect $115.00
Landscape Architect Intern $70.00
Arborist $75 .00
Utility Coordinator $90 .00
Surveyor / Mapper $85.00
Survey Technician $60.00
2-Man Survey Crew $115.00
3-Man Survey Crew $125.00
4-Man Survey Crew $135.00
Senior Certified Bridge Inspector / Diver $125 .00
Certified Bridge Inspector / Diver $90.00
Fire Protection Engineer $90.00
Plumbing Engineer $90.00
Mechanical Engineer $90.00
Electrical Engineer $90.00
Geotechnical Engineer $120.00
Geologist $90.00
Environmental Scientist $85 .00
Senior Administrative Assistant $65.00
Clerical $45 .00
AK
Kimley-Horn CSM Counter
Proposed Rates Offer
S288.00 $210.00
$240.00 $190.00
$208 .00 $169 .00
$200.00 $160.00
$200.00 $145 .00
$136 .00 $105.00
$200 .00 $150.00
$136.00 $110.00
$144.00 $115 .00
$128.00 $104.00
$120.00 $97.50
$120.00 $97.50
$104 .00 $84.50
$128 .00 $100.00
5144.00 $110.00
$120.00 $97.50
$200.00 $155.00
$184 .00 $135.00
$112.00 $91.00
$120.00 $97.50
$144 .00 $115 .00
$136.00 $110.50
$96.00 $78.00
5184.00 $130.00
$200.00 $140.00
$216.00 $165 .00
$200.00 $150.00
$144.00 $115.00
5 144.00 $117.00
$144.00 $117.00
$144.00 $117.00
5144.00 $117 .00
$192 .00 $150.00
$144.00 $117.00
$136.00 $105.00
$104.00 $84.50
$72.00 $58.50
4/8/22, 11:20 AM Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
CALVIN, GIORDANO & ASSOCIATES, INC.
Filing Information
M17373
65-0013869
06/27/1985
FL
ACTIVE
AMENDMENT
03/21/2001
NONE
Principal Address
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Changed: 04/02/2001
Mailing Address
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Changed: 03/02/2000
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 02/12/2018
Address Changed: 02/12/2018
Officer/Director Detail
Name & Address
Title President, Treasurer
D C Florida Department of State
687
4/8/22, 11:20 AM Detail by Entity Name
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Giordano, Chris
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Title VP
Martinetti, Jenna
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Title VP
COOK-WEEDON, TAMMY
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Title Secretary
HOPKINS, DAWN
1800 ELLER DR STE 600
FORT LAUDERDALE, FL 33316
Title VP
WATTS, STEVE
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Title VP, Secretary
Causley, Matthew
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Annual Reports
Report Year Filed Date
2021 02/09/2021
2022 03/07/2022
2022 03/29/2022
Document Images
03/29/2022 -- AMENDED ANNUAL REPORT View image in PDF format
03/07/2022 -- ANNUAL REPORT View image in PDF format
04/27/2021 -- AMENDED ANNUAL REPORT View image in PDF format
688
4/8/22, 11:20 AM Detail by Entity Name
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02/09/2021 -- ANNUAL REPORT View image in PDF format
04/01/2020 -- AMENDED ANNUAL REPORT View image in PDF format
01/27/2020 -- ANNUAL REPORT View image in PDF format
01/17/2019 -- ANNUAL REPORT View image in PDF format
02/12/2018 -- Reg. Agent Change View image in PDF format
02/06/2018 -- AMENDED ANNUAL REPORT View image in PDF format
01/02/2018 -- ANNUAL REPORT View image in PDF format
01/10/2017 -- ANNUAL REPORT View image in PDF format
01/04/2016 -- ANNUAL REPORT View image in PDF format
05/07/2015 -- AMENDED ANNUAL REPORT View image in PDF format
01/14/2015 -- ANNUAL REPORT View image in PDF format
12/22/2014 -- AMENDED ANNUAL REPORT View image in PDF format
10/30/2014 -- AMENDED ANNUAL REPORT View image in PDF format
03/20/2014 -- AMENDED ANNUAL REPORT View image in PDF format
01/09/2014 -- ANNUAL REPORT View image in PDF format
01/04/2013 -- ANNUAL REPORT View image in PDF format
01/24/2012 -- ANNUAL REPORT View image in PDF format
03/15/2011 -- ANNUAL REPORT View image in PDF format
02/17/2010 -- ANNUAL REPORT View image in PDF format
02/25/2009 -- ANNUAL REPORT View image in PDF format
02/21/2008 -- ANNUAL REPORT View image in PDF format
04/23/2007 -- ANNUAL REPORT View image in PDF format
01/20/2006 -- ANNUAL REPORT View image in PDF format
01/19/2005 -- ANNUAL REPORT View image in PDF format
07/02/2004 -- ANNUAL REPORT View image in PDF format
01/27/2003 -- ANNUAL REPORT View image in PDF format
03/13/2002 -- ANNUAL REPORT View image in PDF format
04/02/2001 -- ANNUAL REPORT View image in PDF format
03/20/2001 -- Amendment View image in PDF format
03/02/2000 -- ANNUAL REPORT View image in PDF format
02/24/1999 -- ANNUAL REPORT View image in PDF format
01/27/1998 -- ANNUAL REPORT View image in PDF format
02/10/1997 -- ANNUAL REPORT View image in PDF format
01/29/1997 -- NAME CHANGE View image in PDF format
02/06/1996 -- ANNUAL REPORT View image in PDF format
01/25/1995 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
689
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Current Principal Place of Business:
Current Mailing Address:
1800 ELLER DR
STE 600
FORT LAUDERDALE, FL 33316
Entity Name: CALVIN, GIORDANO & ASSOCIATES, INC.
DOCUMENT# M17373
FEI Number: 65-0013869 Certificate of Status Desired:
Name and Address of Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILED
Mar 29, 2022
Secretary of State
6156571477CC
CHRIS GIORDANO PRESIDENT 03/29/2022
2022 FLORIDA PROFIT CORPORATION AMENDED ANNUAL REPORT
Yes
Title PRESIDENT, TREASURER
Name GIORDANO, CHRIS
Address 1800 ELLER DR
STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
Title VP
Name COOK-WEEDON, TAMMY
Address 1800 ELLER DR
STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
Title VP
Name WATTS, STEVE
Address 1800 ELLER DR
STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
Title VP
Name MARTINETTI, JENNA
Address 1800 ELLER DR
STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
Title SECRETARY
Name HOPKINS, DAWN
Address 1800 ELLER DR STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
Title VP, SECRETARY
Name CAUSLEY, MATTHEW
Address 1800 ELLER DR
STE 600
City-State-Zip:FORT LAUDERDALE FL 33316
690
4/8/22, 12:00 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EXPUSS…1/4
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Profit Corporation
EXP U.S. SERVICES INC.
Filing Information
F11000001440
46-0523964
04/04/2011
DE
ACTIVE
AMENDMENT
02/27/2012
NONE
Principal Address
205 North Michigan Avenue
Suite 3600
Chicago, IL 60601
Changed: 02/03/2022
Mailing Address
205 North Michigan Avenue
Suite 3600
Chicago, IL 60601
Changed: 02/03/2022
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 12/22/2011
Address Changed: 12/22/2011
Officer/Director Detail
Name & Address
Title VP
D C Florida Department of State
691
4/8/22, 12:00 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EXPUSS…2/4
Stevens, Phil
2601 Westhall Lane
Maitland, FL 32751
Title CFO/Treasurer
Walters, Deborah
205 N. Michigan Ave.
Suite 3600
Chicago, IL 60601
Title Director/COO/President
Dvorak, Mark
205 N. Michigan Ave.
Suite 3600
Chicago, IL 60601
Title Chairman of the board/CEO
Dvorak, Ivan
205 N. Michigan Ave.
Suite 3600
Chicago, IL 60601
Title Secretary
Ahn, Hae-Jin (Priscilla)
1595 Clark Blvd.
Brampton, Ontario L6T 4V1 CA
Title VP
Weise, Kathy
205 N. Michigan Ave.
Suite 3600
Chicago, IL 60601
Title VP
McGuire, William
2601 Westhall Lane
Maitland, FL 32751
Title VP
Danley, Byron
205 North Michigan Avenue
Suite 3600
Chicago, IL 60601
692
4/8/22, 12:00 PM Detail by Entity Name
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Title VP
Nair, R Shankar
205 North Michigan Avenue
Suite 3600
Chicago, IL 60601
Title Director/Executive Vice President
Neumann, Timothy D
205 North Michigan Avenue
Suite 3600
Chicago, IL 60601
Title VP
Saba, Khalil
451 East Vanderbilt Way
San Bernardino, CA 92408
Title Principal
Sampson, Rachael
5670 Oberlin Drive
San Diego, CA 92121
Annual Reports
Report Year Filed Date
2020 05/13/2020
2021 02/02/2021
2022 02/03/2022
Document Images
02/03/2022 -- ANNUAL REPORT View image in PDF format
02/02/2021 -- ANNUAL REPORT View image in PDF format
05/13/2020 -- ANNUAL REPORT View image in PDF format
05/13/2019 -- AMENDED ANNUAL REPORT View image in PDF format
03/28/2019 -- ANNUAL REPORT View image in PDF format
04/20/2018 -- AMENDED ANNUAL REPORT View image in PDF format
04/04/2018 -- ANNUAL REPORT View image in PDF format
11/17/2017 -- AMENDED ANNUAL REPORT View image in PDF format
06/19/2017 -- AMENDED ANNUAL REPORT View image in PDF format
04/27/2017 -- AMENDED ANNUAL REPORT View image in PDF format
04/21/2017 -- ANNUAL REPORT View image in PDF format
04/04/2016 -- ANNUAL REPORT View image in PDF format
04/23/2015 -- ANNUAL REPORT View image in PDF format
04/05/2014 -- ANNUAL REPORT View image in PDF format
04/15/2013 -- ANNUAL REPORT View image in PDF format
693
4/8/22, 12:00 PM Detail by Entity Name
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04/26/2012 -- ANNUAL REPORT View image in PDF format
02/27/2012 -- Amendment View image in PDF format
12/22/2011 -- Reg. Agent Change View image in PDF format
09/21/2011 -- Amendment View image in PDF format
04/04/2011 -- Foreign Profit View image in PDF format
Florida Department of State, Division of Corporations
694
205 NORTH MICHIGAN AVENUE
SUITE 3600
CHICAGO, IL 60601
Current Principal Place of Business:
Current Mailing Address:
205 NORTH MICHIGAN AVENUE
SUITE 3600
CHICAGO, IL 60601 US
Entity Name: EXP U.S. SERVICES INC.
DOCUMENT# F11000001440
FEI Number: 46-0523964 Certificate of Status Desired:
Name and Address of Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILED
Feb 03, 2022
Secretary of State
0350576960CC
HAE-JIN (PRISCILLA) AHN SECRETARY 02/03/2022
2022 FOREIGN PROFIT CORPORATION ANNUAL REPORT
No
Title VP
Name STEVENS, PHIL
Address 2601 WESTHALL LANE
City-State-Zip:MAITLAND FL 32751
Title DIRECTOR/COO/PRESIDENT
Name DVORAK, MARK
Address 205 N. MICHIGAN AVE.
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title SECRETARY
Name AHN, HAE-JIN (PRISCILLA)
Address 1595 CLARK BLVD.
City-State-Zip:BRAMPTON ONTARIO L6T 4V1
Title VP
Name MCGUIRE, WILLIAM
Address 2601 WESTHALL LANE
City-State-Zip:MAITLAND FL 32751
Title CFO/TREASURER
Name WALTERS, DEBORAH
Address 205 N. MICHIGAN AVE.
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title CHAIRMAN OF THE BOARD/CEO
Name DVORAK, IVAN
Address 205 N. MICHIGAN AVE.
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title VP
Name WEISE, KATHY
Address 205 N. MICHIGAN AVE.
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title VP
Name DANLEY, BYRON
Address 205 NORTH MICHIGAN AVENUE
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Continues on page 2
695
Title DIRECTOR/EXECUTIVE VICE
PRESIDENT
Name NEUMANN, TIMOTHY D
Address 205 NORTH MICHIGAN AVENUE
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title PRINCIPAL
Name SAMPSON, RACHAEL
Address 5670 OBERLIN DRIVE
City-State-Zip:SAN DIEGO CA 92121
Officer/Director Detail Continued :
Title VP
Name NAIR, R SHANKAR
Address 205 NORTH MICHIGAN AVENUE
SUITE 3600
City-State-Zip:CHICAGO IL 60601
Title VP
Name SABA, KHALIL
Address 451 EAST VANDERBILT WAY
City-State-Zip:SAN BERNARDINO CA 92408
696
4/8/22, 11:58 AM Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
State
Status
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Profit Corporation
KIMLEY-HORN AND ASSOCIATES, INC.
Filing Information
821359
56-0885615
04/24/1968
NC
ACTIVE
Principal Address
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Changed: 04/24/2021
Mailing Address
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Changed: 04/24/2021
Registered Agent Name & Address
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Name Changed: 05/14/2008
Address Changed: 01/24/2017
Officer/Director Detail
Name & Address
Title Director
Good, Brian A.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
D C Florida Department of State
697
4/8/22, 11:58 AM Detail by Entity Name
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Title Director
Colvin, Scott W.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Director
Dvorak, William E., Jr.
111 West Jackson Blvd.
Suite 1320
Chicago, IL 60604
Title Director
Mutti, Brent H.
7740 N 16th Street
Suite 300
Phoenix, AZ 85020
Title VP
McEntee, David L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Treasurer
McEntee, David L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Assistant Secretary
McEntee, David L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title President
Lefton, Steven E.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title CEO
698
4/8/22, 11:58 AM Detail by Entity Name
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Lefton, Steven E.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title VP
Flanagan, Tammy L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title CFO
Flanagan, Tammy L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Director
Danielson, Paul B.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Senior Vice President
Cook, Richard N.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Secretary
Cook, Richard N.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Director
Blakley, Stephen W.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Director
Montanye, Emmeline F.
699
4/8/22, 11:58 AM Detail by Entity Name
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817 West Peachtree Street,
NW, Suite 601
Atlanta, GA 30308
Title Director
Hall, James R.
12750 Merit Drive, Suite 1000
Dallas, TX 75251
Title Director
Lefton, Steven E.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Director
Peed, Brooks H.
445 24th Street
Suite 200
Vero Beach, FL 32960
Title Director
Barber, Barry L.
421 Fayetteville Street
Suite 600
Raleigh, NC 27601
Title Senior Vice President
Harry, Jennifer L.
401 B Street
Suite 600
San Diego, CA 92101
Annual Reports
Report Year Filed Date
2020 04/15/2020
2021 04/24/2021
2022 02/10/2022
Document Images
02/10/2022 -- ANNUAL REPORT View image in PDF format
04/24/2021 -- ANNUAL REPORT View image in PDF format
04/15/2020 -- ANNUAL REPORT View image in PDF format
11/25/2019 -- AMENDED ANNUAL REPORT View image in PDF format
04/27/2019 -- ANNUAL REPORT View image in PDF format
700
4/8/22, 11:58 AM Detail by Entity Name
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06/21/2018 -- AMENDED ANNUAL REPORT View image in PDF format
03/15/2018 -- ANNUAL REPORT View image in PDF format
04/28/2017 -- ANNUAL REPORT View image in PDF format
08/02/2016 -- AMENDED ANNUAL REPORT View image in PDF format
01/28/2016 -- ANNUAL REPORT View image in PDF format
09/09/2015 -- AMENDED ANNUAL REPORT View image in PDF format
04/15/2015 -- ANNUAL REPORT View image in PDF format
04/22/2014 -- ANNUAL REPORT View image in PDF format
01/14/2013 -- ANNUAL REPORT View image in PDF format
03/29/2012 -- ANNUAL REPORT View image in PDF format
02/17/2011 -- ANNUAL REPORT View image in PDF format
04/21/2010 -- ANNUAL REPORT View image in PDF format
04/30/2009 -- ANNUAL REPORT View image in PDF format
05/14/2008 -- ANNUAL REPORT View image in PDF format
04/12/2007 -- ANNUAL REPORT View image in PDF format
04/21/2006 -- ANNUAL REPORT View image in PDF format
06/02/2005 -- ANNUAL REPORT View image in PDF format
04/26/2004 -- ANNUAL REPORT View image in PDF format
04/30/2003 -- ANNUAL REPORT View image in PDF format
08/12/2002 -- Reg. Agent Change View image in PDF format
05/08/2002 -- ANNUAL REPORT View image in PDF format
02/06/2001 -- ANNUAL REPORT View image in PDF format
03/02/2000 -- ANNUAL REPORT View image in PDF format
03/17/1999 -- ANNUAL REPORT View image in PDF format
02/12/1998 -- ANNUAL REPORT View image in PDF format
02/27/1997 -- ANNUAL REPORT View image in PDF format
03/05/1996 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
701
421 FAYETTEVILLE STREET
SUITE 600
RALEIGH, NC 27601
Current Principal Place of Business:
Current Mailing Address:
421 FAYETTEVILLE STREET
SUITE 600
RALEIGH, NC 27601 US
Entity Name: KIMLEY-HORN AND ASSOCIATES, INC.
DOCUMENT# 821359
FEI Number: 56-0885615 Certificate of Status Desired:
Name and Address of Current Registered Agent:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILED
Feb 10, 2022
Secretary of State
9701669894CC
RICHARD COOK SENIOR VICE PRESIDENT 02/10/2022
2022 FOREIGN PROFIT CORPORATION ANNUAL REPORT
Yes
Title DIRECTOR
Name GOOD, BRIAN A.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name DVORAK, WILLIAM E. JR.
Address 111 WEST JACKSON BLVD.
SUITE 1320
City-State-Zip:CHICAGO IL 60604
Title VP
Name MCENTEE, DAVID L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title ASSISTANT SECRETARY
Name MCENTEE, DAVID L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name COLVIN, SCOTT W.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name MUTTI, BRENT H.
Address 7740 N 16TH STREET
SUITE 300
City-State-Zip:PHOENIX AZ 85020
Title TREASURER
Name MCENTEE, DAVID L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title PRESIDENT
Name LEFTON, STEVEN E.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Continues on page 2
702
Title VP
Name FLANAGAN, TAMMY L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name DANIELSON, PAUL B.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title SECRETARY
Name COOK, RICHARD N.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name MONTANYE, EMMELINE F.
Address 817 WEST PEACHTREE STREET,
NW, SUITE 601
City-State-Zip:ATLANTA GA 30308
Title DIRECTOR
Name LEFTON, STEVEN E.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name BARBER, BARRY L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Officer/Director Detail Continued :
Title CEO
Name LEFTON, STEVEN E.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title CFO
Name FLANAGAN, TAMMY L.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title SENIOR VICE PRESIDENT
Name COOK, RICHARD N.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name BLAKLEY, STEPHEN W.
Address 421 FAYETTEVILLE STREET
SUITE 600
City-State-Zip:RALEIGH NC 27601
Title DIRECTOR
Name HALL, JAMES R.
Address 12750 MERIT DRIVE, SUITE 1000
City-State-Zip:DALLAS TX 75251
Title DIRECTOR
Name PEED, BROOKS H.
Address 445 24TH STREET
SUITE 200
City-State-Zip:VERO BEACH FL 32960
Title SENIOR VICE PRESIDENT
Name HARRY, JENNIFER L.
Address 401 B STREET
SUITE 600
City-State-Zip:SAN DIEGO CA 92101
703
4/8/22, 11:54 AM Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Profit Corporation
J & M ENGINEERING, P.C.
Cross Reference Name
M & J ENGINEERING, P.C.
Filing Information
F05000003224
30-0284495
06/01/2005
NY
ACTIVE
REINSTATEMENT
10/07/2020
Principal Address
180 Bayview Ave
East Islip, NY 11730
Changed: 01/23/2013
Mailing Address
180 Bayview Ave
East Islip, NY 11730
Changed: 01/23/2013
Registered Agent Name & Address
MALIK, MOHAMMAD H
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
Name Changed: 10/07/2020
Address Changed: 10/07/2020
Officer/Director Detail
Name & Address
Title PSTD
MALIK, MAQSOOD A
D C Florida Department of State
704
4/8/22, 11:54 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=MJENGIN…2/2
180 Bayview Ave
East Islip, NY 11730
Title CD
MALIK, MAQSOOD A
180 Bayview Ave
East Islip, NY 11730
Title VP
Rubenstein, Arnold
180 Bayview Ave
East Islip, NY 11730
Annual Reports
Report Year Filed Date
2020 10/07/2020
2021 01/10/2021
2022 02/15/2022
Document Images
02/15/2022 -- ANNUAL REPORT View image in PDF format
01/10/2021 -- ANNUAL REPORT View image in PDF format
10/07/2020 -- REINSTATEMENT View image in PDF format
01/28/2019 -- ANNUAL REPORT View image in PDF format
02/14/2018 -- ANNUAL REPORT View image in PDF format
01/09/2017 -- ANNUAL REPORT View image in PDF format
01/25/2016 -- ANNUAL REPORT View image in PDF format
05/06/2015 -- AMENDED ANNUAL REPORT View image in PDF format
01/07/2015 -- ANNUAL REPORT View image in PDF format
02/06/2014 -- ANNUAL REPORT View image in PDF format
01/23/2013 -- ANNUAL REPORT View image in PDF format
01/03/2012 -- ANNUAL REPORT View image in PDF format
01/06/2011 -- ANNUAL REPORT View image in PDF format
02/02/2010 -- ANNUAL REPORT View image in PDF format
01/13/2009 -- ANNUAL REPORT View image in PDF format
03/25/2008 -- ANNUAL REPORT View image in PDF format
04/20/2007 -- ANNUAL REPORT View image in PDF format
03/19/2006 -- ANNUAL REPORT View image in PDF format
06/01/2005 -- Foreign Profit View image in PDF format
Florida Department of State, Division of Corporations
705
180 BAYVIEW AVE
EAST ISLIP, NY 11730
Current Principal Place of Business:
Current Mailing Address:
180 BAYVIEW AVE
EAST ISLIP, NY 11730 US
Entity Name: J & M ENGINEERING, P.C.
DOCUMENT# F05000003224
FEI Number: 30-0284495 Certificate of Status Desired:
Name and Address of Current Registered Agent:
MALIK, MOHAMMAD H
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
MOHAMMAD H MALIK
FILED
Feb 15, 2022
Secretary of State
8093492296CC
MAQSOOD MALIK PRESIDENT 02/15/2022
2022 FOREIGN PROFIT CORPORATION ANNUAL REPORT
Yes
02/15/2022
Title PSTD
Name MALIK, MAQSOOD A
Address 180 BAYVIEW AVE
City-State-Zip:EAST ISLIP NY 11730
Title VP
Name RUBENSTEIN, ARNOLD
Address 180 BAYVIEW AVE
City-State-Zip:EAST ISLIP NY 11730
Title CD
Name MALIK, MAQSOOD A
Address 180 BAYVIEW AVE
City-State-Zip:EAST ISLIP NY 11730
706
4/8/22, 11:06 AM Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Filed
Event Effective Date
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
SRS ENGINEERING, INC.
Filing Information
P95000070762
65-0607552
09/14/1995
09/11/1995
FL
ACTIVE
AMENDMENT
09/12/2005
NONE
Principal Address
5001 SW 74TH. CT.
201
MIAMI, FL 33155
Changed: 02/20/2008
Mailing Address
5001 SW 74TH. CT.
201
MIAMI, FL 33155
Changed: 02/20/2008
Registered Agent Name & Address
SERRALTA, IGNACIO
5001 SW 74TH. CT.
201
MIAMI, FL 33155
Address Changed: 02/20/2008
Officer/Director Detail
Name & Address
Title P/D
D C Florida Department of State
707
4/8/22, 11:06 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SRSENGI…2/3
SERRALTA, IGNACIO
5001 SW 74TH. CT., SUITE 201
MIAMI, FL 33155
Title ST/D
PEREDA, RALPH A
5001 SW 74TH. CT., SUITE 201
MIAMI, FL 33155
Annual Reports
Report Year Filed Date
2020 01/06/2020
2021 01/06/2021
2022 01/04/2022
Document Images
01/04/2022 -- ANNUAL REPORT View image in PDF format
01/06/2021 -- ANNUAL REPORT View image in PDF format
01/06/2020 -- ANNUAL REPORT View image in PDF format
01/08/2019 -- ANNUAL REPORT View image in PDF format
01/11/2018 -- ANNUAL REPORT View image in PDF format
01/09/2017 -- ANNUAL REPORT View image in PDF format
01/27/2016 -- ANNUAL REPORT View image in PDF format
01/12/2015 -- ANNUAL REPORT View image in PDF format
01/13/2014 -- ANNUAL REPORT View image in PDF format
01/23/2013 -- ANNUAL REPORT View image in PDF format
01/17/2012 -- ANNUAL REPORT View image in PDF format
01/11/2011 -- ANNUAL REPORT View image in PDF format
02/18/2010 -- ANNUAL REPORT View image in PDF format
03/24/2009 -- ANNUAL REPORT View image in PDF format
02/20/2008 -- ANNUAL REPORT View image in PDF format
02/22/2007 -- ANNUAL REPORT View image in PDF format
01/31/2006 -- ANNUAL REPORT View image in PDF format
09/12/2005 -- Amendment View image in PDF format
09/12/2005 -- Off/Dir Resignation View image in PDF format
05/03/2005 -- Name Change View image in PDF format
04/25/2005 -- Off/Dir Resignation View image in PDF format
04/21/2005 -- ANNUAL REPORT View image in PDF format
06/21/2004 -- Off/Dir Resignation View image in PDF format
03/17/2004 -- ANNUAL REPORT View image in PDF format
04/04/2003 -- ANNUAL REPORT View image in PDF format
04/02/2002 -- ANNUAL REPORT View image in PDF format
01/10/2002 -- Amendment and Name Change View image in PDF format
01/30/2001 -- ANNUAL REPORT View image in PDF format
01/27/2000 -- ANNUAL REPORT View image in PDF format
708
4/8/22, 11:06 AM Detail by Entity Name
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04/30/1999 -- ANNUAL REPORT View image in PDF format
03/26/1998 -- ANNUAL REPORT View image in PDF format
04/03/1997 -- AMENDMENT View image in PDF format
03/10/1997 -- ANNUAL REPORT View image in PDF format
04/17/1996 -- ANNUAL REPORT View image in PDF format
09/14/1995 -- DOCUMENTS PRIOR TO 1997 View image in PDF format
Florida Department of State, Division of Corporations
709
5001 SW 74TH. CT.
201
MIAMI, FL 33155
Current Principal Place of Business:
Current Mailing Address:
5001 SW 74TH. CT.
201
MIAMI, FL 33155 US
Entity Name: SRS ENGINEERING, INC.
DOCUMENT# P95000070762
FEI Number: 65-0607552 Certificate of Status Desired:
Name and Address of Current Registered Agent:
SERRALTA, IGNACIO
5001 SW 74TH. CT.
201
MIAMI, FL 33155 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILED
Jan 04, 2022
Secretary of State
7387518347CC
RALPH PEREDA TREASURER/SECRETARY 01/04/2022
2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT
Yes
Title P/D
Name SERRALTA, IGNACIO
Address 5001 SW 74TH. CT., SUITE 201
City-State-Zip:MIAMI FL 33155
Title ST/D
Name PEREDA, RALPH A
Address 5001 SW 74TH. CT., SUITE 201
City-State-Zip:MIAMI FL 33155
710
4/8/22, 11:34 AM Detail by Entity Name
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Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Profit Corporation
STANTEC CONSULTING SERVICES INC.
Filing Information
F01000005948
11-2167170
11/14/2001
NY
ACTIVE
CORPORATE MERGER
12/27/2007
12/31/2007
Principal Address
370 INTERLOCKEN BLVD
SUITE 300
BROOMFIELD, CO 80021
Changed: 04/06/2019
Mailing Address
10220 - 103 AVENUE NW
SUITE 400
EDMONTON, AB T5J 0K4 CA
Changed: 04/06/2019
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301
Name Changed: 02/14/2013
Address Changed: 02/14/2013
Officer/Director Detail
Name & Address
Title Director, VP, Asst. Secretary
D C Florida Department of State
711
4/8/22, 11:34 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=STANTEC…2/3
STONE, JEFFREY P
61 COMMERCIAL STREET
SUITE 100
ROCHESTER, NY 14614
Title Director, COO, Executive Vice President
LERNER, STUART E
475 FIFTH AVENUE
12TH FLOOR
NEW YORK, NY 10017
Title President
JOHNSTON, GORDON A
10220 - 103 AVENUE NW
SUITE 400
EDMONTON, AB T5J 0K4 CA
Title Secretary
HEISLER, CHRISTOPHER O
10220 - 103 AVENUE NW
SUITE 400
EDMONTON, AB T5J 0K4 CA
Title Treasurer
JANG, THERESA
10220 - 103 AVENUE NW
SUITE 400
EDMONTON, AB T5J 0K4 CA
Title Executive Vice President
KENNEDY, MICHAEL A
6900 PROFESSIONAL PARKWAY EAST
SUITE 100
SARASOTA, FL 34240
Title Senior Principal
BURNETT, ANDREW W
370 INTERLOCKEN BLVD
SUITE 300
BROOMFIELD, CO 80021
Annual Reports
Report Year Filed Date
2019 04/06/2019
712
4/8/22, 11:34 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=STANTEC…3/3
2020 01/16/2020
2021 04/16/2021
Document Images
04/16/2021 -- ANNUAL REPORT View image in PDF format
01/16/2020 -- ANNUAL REPORT View image in PDF format
05/03/2019 -- AMENDED ANNUAL REPORT View image in PDF format
04/06/2019 -- ANNUAL REPORT View image in PDF format
03/15/2018 -- ANNUAL REPORT View image in PDF format
02/16/2017 -- ANNUAL REPORT View image in PDF format
08/26/2016 -- AMENDED ANNUAL REPORT View image in PDF format
04/21/2016 -- ANNUAL REPORT View image in PDF format
02/05/2015 -- ANNUAL REPORT View image in PDF format
04/17/2014 -- ANNUAL REPORT View image in PDF format
04/03/2013 -- AMENDED ANNUAL REPORT View image in PDF format
02/14/2013 -- ANNUAL REPORT View image in PDF format
02/29/2012 -- ANNUAL REPORT View image in PDF format
02/01/2011 -- ANNUAL REPORT View image in PDF format
09/07/2010 -- ANNUAL REPORT View image in PDF format
04/27/2010 -- ANNUAL REPORT View image in PDF format
04/22/2009 -- ANNUAL REPORT View image in PDF format
07/24/2008 -- ANNUAL REPORT View image in PDF format
12/27/2007 -- Merger View image in PDF format
03/27/2007 -- ANNUAL REPORT View image in PDF format
06/30/2006 -- ANNUAL REPORT View image in PDF format
07/13/2005 -- ANNUAL REPORT View image in PDF format
04/08/2005 -- Name Change View image in PDF format
01/31/2005 -- Name Change View image in PDF format
01/31/2005 -- Name Change View image in PDF format
09/13/2004 -- ANNUAL REPORT View image in PDF format
08/04/2003 -- ANNUAL REPORT View image in PDF format
11/06/2002 -- ANNUAL REPORT View image in PDF format
11/14/2001 -- Foreign Profit View image in PDF format
Florida Department of State, Division of Corporations
713
370 INTERLOCKEN BLVD
SUITE 300
BROOMFIELD, CO 80021
Current Principal Place of Business:
Current Mailing Address:
10220 - 103 AVENUE NW
SUITE 400
EDMONTON, AB T5J 0K4 CA
Entity Name: STANTEC CONSULTING SERVICES INC.
DOCUMENT# F01000005948
FEI Number: 11-2167170 Certificate of Status Desired:
Name and Address of Current Registered Agent:
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
BARBARA CHRISTMAN FOR CORPORATION SERVICE COMPANY
FILED
Apr 16, 2021
Secretary of State
9571529189CC
CHRISTOPHER O HEISLER SECRETARY 04/16/2021
2021 FOREIGN PROFIT CORPORATION ANNUAL REPORT
No
04/16/2021
Title DIRECTOR, VP, ASST. SECRETARY
Name STONE, JEFFREY P
Address 61 COMMERCIAL STREET
SUITE 100
City-State-Zip:ROCHESTER NY 14614
Title PRESIDENT
Name JOHNSTON, GORDON A
Address 10220 - 103 AVENUE NW
SUITE 400
City-State-Zip:EDMONTON AB T5J 0K4
Title TREASURER
Name JANG, THERESA
Address 10220 - 103 AVENUE NW
SUITE 400
City-State-Zip:EDMONTON AB T5J 0K4
Title SENIOR PRINCIPAL
Name BURNETT, ANDREW W
Address 370 INTERLOCKEN BLVD
SUITE 300
City-State-Zip:BROOMFIELD CO 80021
Title DIRECTOR, COO, EXECUTIVE VICE
PRESIDENT
Name LERNER, STUART E
Address 475 FIFTH AVENUE
12TH FLOOR
City-State-Zip:NEW YORK NY 10017
Title SECRETARY
Name HEISLER, CHRISTOPHER O
Address 10220 - 103 AVENUE NW
SUITE 400
City-State-Zip:EDMONTON AB T5J 0K4
Title EXECUTIVE VICE PRESIDENT
Name KENNEDY, MICHAEL A
Address 6900 PROFESSIONAL PARKWAY EAST
SUITE 100
City-State-Zip:SARASOTA FL 34240
714
715
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the unders igned authority perso nalty appe ared
GUI LLE RMO GA RCIA , who on oath says th at he or she is the
'OWI.'tC10R Of OPERATIONS , legal Notices of the Miami Da ily
Business
Saturday,
Review Ilk/a
Sunday
Miami
and
Review, a daily
l egal Holidays)
(except
newspape r,
published at Miami in Miami-Dade County , Florida ; that th e
attached copy of advertisement, be ing a Legal Ad verti se ment
o f Notice in th e matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -MAY 3, 202 2
in the XXXX Court,
was publi sh ed in sa id newspaper by print in the i ssues o f
and/or by publ ica tion on the newspaper's websit e . if
authorized, on
04122120 22
Affiant further says that th e newspaper complies w ith all
legal requirements for publication in chapter 50, Florida
Statutes . ~.:;;~
22 da y of A PRIL . A.D. 2022
•... ;,;;:~. CHRISTINA lYNN RAV IX {.~ .. b,.'<, Commission # GG 2771 71
~~.~.~} Expires NO'l ember 19, 2022
.<~~~:!~~~,., Bonded Thru Troy Fain I nsuian~ BIJO.3B5·7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to bal ance the need for the City of South Miami to function and
conduct vital bu si ness durin g the CDVID 19 pandemic and , at the same
t ime, to pr otect the heallh , sa fety and welfa re of its citizens, off ice rs , officials
and adm inistrative st aff, and pu rs uant Ci ty of So uth Miami Cod e, Chapter
286.011 , Fl a. Stat, the City's Home Rule Powers, and City Manag er's
declarati o n of a sta t e of emergency du e t o t he Coronavi ru s, the City will be
holding its City Co mmissio n Meeti ng live in chambers and VIRTUAU Y
throug h communicatio ns media t echnolo gy (C Ml) until t he stat e of
emerg ency has ended or soc ial di stancing is no lo nger r eq u i r~. by ~y
relevant Exec utive Ord ers. All Co mmission members wi ll partici pa te In
Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (tillQ§://zoom.us/113Q56636338\
and participate. At a minimum, at least three members of the City Commission
will be physically presen t in t he City Comm ission Chambers 1 and they will
b e broadcast o n t he Zoom platfo rm alo ng with all o th er members of th e
Commission, City Staff and the p ublic who may attend remotely fro m the
Commission Chambers and from other locations.
The meeting is scheduled to begin on 'tuesd ay, Mav 3, 2022. at 7:00 p.m .
to consider the foll owing public hearing item(s):
A Resolution authOrizi ng the City Manager to execute a fiv e (5) year
tnterlocal Agreement with Miami-Dade Co unty and Co-Permittees of
th e National Poll utant Discharge Elimination System (NP OES) permit
pr og ram for pollution.
A Reso luti on auth o ri zing the City Man ager t o neg oti ate an d execute a
Professiona l Serv ice Agree m ent p rovi d ed und er Florida Statute
287.055 Consultant's Competit ive Negotiat ion Act ·CCNA ", with SRS
Engineeri ng , Inc., EXP U.S. Services Inc., Stantec Consulting Services
Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P .C., and
Kim ley-Hom and Associates, Inc., for general engineering services on
an as needed basis.
An Ordinanc e am end ing Section 20-8.9 of the City of South Miami's
Land Developm ent Code t o revse Sub sect ions 20-8.9(8 )(2), (G),
(H)(1), (J){3Xa) and (K) and to prome clarification and to COITect scrivener's
errors throughout the entire Section.
716
. .
An Ordinance amending Section 15-60 to PJ'9vlde for the regulation
and the use of City benches and rights of way.
An ordinance amending the City of South Miami Land Development
Code Sections 20-2.3, 20-3.3{D), and 20-3.6 to Include and regulate
home-b""asedbU~In~es.~nd10 ,8JTJen~,-4ef1nnlonS.
If you desire to present evidence or you are unable to use Zoom, there are
procedures -to follow and other options available including a dedicated
phone line to listen and participate In the meeting and 'limited public
attendance, all of which is set forth In the meeting notice posted at City
Hall and at httD:/Iwww.southmlamifl.gov/580IPubllc-Meetlngs-Notlces.
Anyone who wishes to review pending application, suppprt/ng documentation
or who desire to have documents made available for viewing by everyone
during the meeting 'must contact the City Clerk by calling 305-663-6340.
Note 1h~t pursuant to Ro~da Sta. 28t?0105, ,a person wh9,declc;t~JQ
appeal any decision made by a BOard, Agency'-or Commtsslon vJ1fti
respect to any matter considered, at its meetfng or heatlnO. ll~f8oord of the
proceedings will 'be requir.ed lor said appeal' and such paIson will be
required to have a verba~1Jl transcrfpt ,of the pr:oceedings including the
testimony and evidence upon which the ~pealis to'be~. ,
.....
ADA:. To request a modifi~on to ~ policy, practice, or, procedure or to re-
quest an auxiliary aJde,or SeMC~ in order to partlcipate'ln,a City program,
activity or event, you w:nustO!,l'~r !Jefore 4:Qg p.m. 3'~ess days before
the meeting (not c::oUritirlg;ttie,.'Uiy:af thifJrfibMffigf.'cililWer your request to
the City Clerk by te!ephon~305-663-6340,JlY;m~1I at 6130 Sunset Drive,
South Miami, Rorida or e",,~, at npayr:le@so~mlamlfl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
1 The minimum standards for adopting a reSolution' or enacting anordlnanee
are set forth in 166.041(4) *"".A majority of the members of the governing
body shall constiMe a quorum. An affirmative vote of a maJority of a quorum
present is necessary to enact any ordinance or adopt any resolution ....
--4122 22 121l!lOOO5~903M
SUNDAY APRIL 24 2022 NEIGHBORS ...................................................................................................23SE
The hits just keep com
ing for Venice.
Two days after a viral
alligator sighting on East
er, residents of the scenic
Gulf Coast city got anoth
er scare.
“WALKERS BE
WARE!” reads a warning
on Facebook video post
ed by the Venice Police
Department of a “mas
sive alligator” crossing
the road Tuesday eve
ning.
In the clip, you see a
patrol car in front of an
alligator taking its time
crossing a road while
passersby look on — from
a safe distance.
A different picture on
the FB post shows the
reptile chilling in a drain
age ditch.
Venice Police Public
Information Officer Lor
raine Anderson told the
Miami Herald that Tues
day’s gator is probably
different than the one
seen strolling around on
April 17 — it was spotted
in a different section of
town, about nine miles
away.
“It’s mating season, so
they’re everywhere,” she
said, adding that trappers
were not called because
the animal would have
likely been destroyed.
“We like to keep them in
their habitat.”
According to the Flor
ida Fish and Wildlife
Conservation Commis
sion, an alligator is
considered a nuisance if
it’s at least 4 feet long
and “believed to pose a
threat to people, pets or
property.”
Anderson wants resi
dents to be vigilant in the
scenic Sarasota County
town that carries the
same name as the famed
Italian floating city.
“You have to be care
ful out there because
they’re on the move,”
she said. “This is a ped
estrian friendly commu
nity and we have an
older populace out at all
times of the day. You
don’t want to get near a
gator at all.”
SARASOTA COUNTY
‘They’re on the move’: During gator-mating
season, Venice sees 2nd big gator in 2 days
BY MADELEINE MARR
mmarr@miamiherald.com
VENICE POLICE DEPARTMENT/FACEBOOK
Another alligator was spotted in Venice, two days after a sighting on April 17.
717
~ ~ .-.~~ .. "" ~' VILLAG E OF PI N ECRE ST
CITY aF laUlllIIIIMI, RaRIDI Pu bl ic Notice CITY cali_liliaN
Na11CE OF PUBliC HUIINSS Nolica is h ... by gMin that the following ordinanclII will be consid.red on Second Readi~ by the Pinacnllf
Village Council at 1;1 IIIHItng 10 be held on Tuesday, May 10, 2022, at 6:00 p.m., at the Plnecreat MunicIpal
c.../Cou .... iI Chumb., 12645 Plnec'-' Porkwgy, Pi""';l1IsI, Florieb.
:::: , AN ORDINANCE OF THE VILlAGE OF PINECREST, FLORIDA AMENDING THE 2021-2022 , , .-~. OPERATING AND CAPITAL OUTLAY BUDGET (2ND QUARTER); PROVIDING FOR AN ....... , EFFECTlVE DATE.
, AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING AND RESTATED . ORDINANCE NO . 2022-7; AUTHORIZING THE BORROWING OF MONEY AND THE A IIIMIUIIon iIIIIhorIma 111. my MInagIr.,_ 1II1II (5) jIIIIlnI!IIDCIII AllIIIIIIIII! willi r.taniDIdt CIIIIIy and Co-I'InrIIIHI 0/ 1hI l1l1III'1II
~~I*cIJarVtEtrjllllkln SyIIIm (NPIlES) PIIII1~ II1IIJnfll' Idlllklil ISSUANCE OF DEBT IN AN AMOUNT NOT TO EXCEED $.4,300,000 FOR THE PURPOSE OF
A IIImIllkln 1U11I11D"Cl1hI my ~1GIf III'IQIIIIII nllIIIICIIII a I'nIIIIIkInII SIr\b AaIllll1I111 pnMcllclllldIr Fkllkll SIIIuII 287Jl55 FINANCING THE CONSTRUCTION AND ACQUISITION OF CERTAIN CAPITAL PROJECTS;
ConUIIJt'J ~ NICJIIIIIIOO Id "CC~., will SRS ErcIh.drv. 100., EX!' 11S. s.w. Inc., SIInIIG eo ... 1Ibg SlrllCil m, CIIvIn,
Sklrdn .AIIocIIIeI. 100.. Mil.! EngMerq • .G.1IId ~ IIIdIalcll:\8l, he.. flrgllrJnlllll\llllGlllt1g .nlCIII un .... 1Id bull.
AND PROVIDING AN EFFECTIVE DATE.
An OrdhtrD 1/IIeIICII~ SeeIIun !OU III the Gay III' Sooth Mlunfl lind DIMII~JUIIII CCJCiIIII nMIe SItIBIIIxa ~.9(IIX2J. (G), (HK11 (.1)(3)(1) Inlerefid partie. are invited 10 appear and be heard -vilit www.pinecrelt-R.gov/live lOr detuila.
tnI (K) IIId III plllVkit cIlrIIbIlWI tnllII cuntcI .......... rnn tln.lghuut hllI1I" StctkIn. Copies of the propased ordinance may be obtained at the Pinecrest Municipal Center, 12645
An Onhnce"'lI'dhg WII' 1&eO lo~ IInlht "",,1JIkIn 1IId1he~ "'Cly~ lnI ~1lI"",. Pinecrest Parkway, Pinecrest, Florida 33156 or via &-mail by sending a request to clerktlpinecrest
An n"CllJIIeIII~IheClly'" Suuth Mlunl Ln IlMkIpmentCCJCil Wn2o-U, 2OU(D). IIId20-U III hckll'tnllIIIJIlJbo hgm~ -fl.gov. 1ui_ .. dlO ..... d dllirilionl. :..: :::'~ .... w_. ___ n -::::':::'.~'"'''''' :;.:'::::.::':': In ae<:ordance with the Americans with Disabilililill5 Act at 1990, all persans who ani disabled and who need
specialaccommodatians to J:rlicipcn. in this mMling beca ... at that dilObilily should contact the Village CI.rI.-.
at 305-234-2121 not lalllr n twa buslMli days prior to JUd! prooaer:llng.
Should any p"11OfI decide to appeal any decilian of the Village Council with respect to ony mcrHer to be , COIIIidered at this mlillilling, that person shall inJU'" that a .... rbatim rvcard of the proceedings is made including
=~ , alilMllmony and IWldence upon whld! any appeol moy be based IF.S. 286.0105}.
priscilla Torres, CMC
"'''"'. Village Clerk , , www.plneaut.fLlflN