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Res No 008-24-16113RESOLUTION NO. 008-24-16113 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City") desires to consider firms interested in redeveloping the City Hall site located at 6130 Sunset Drive with a profitable, large-scale, multi- component, mixed-use development featuring a new municipal complex (the "Project"); and WHEREAS, the Project has become increasingly necessary as the current City Hall development is antiquated and does not meet the operational needs of the City; and WHEREAS, the City Hall site also does not represent the highest and best use given its proximity to the South Miami Metrorail Station, South Miami Hospital, Larkin Hospital, and other extraordinarily attractive health care industry professional services, restaurant and retail shops, and education and administrative services; and WHEREAS, the Project would also assist the City in its goals of reinvigorating the City's Hometown District and encouraging pedestrian-friendly uses; and WHEREAS, on November 21, 2023, the City Commission adopted a Resolution calling for a special election to be held on March 19, 2024, to present to the qualified electors of the City a ballot question asking whether the City Charter should be amended to authorize leases exceeding 50 years for City property involving the redevelopment of the City Hall site (the "Amendment"); and WHEREAS, if adopted, the Amendment would further enhance the opportunities and financial viability of the Project's implementation; and WHEREAS, after holding various public Sunshine Meetings and workshops relating to the Project, the City Commission desires to formally solicit responses from qualified firms for the Project; and WHEREAS, the City Commission finds that the issuance of a competitive solicitation for the Project while the City awaits the results of the special election for the Amendment will help ensure timely delivery of the Project; and WHEREAS, the City Commission desires to authorize the City Manager to issue a Request for Qualifications ("RFQ") for the Project in substantially the form attached hereto as Exhibit "A',; and Page 1 of2 Res. No. 008-24-16113 WHEREAS, the City Commission finds that the RFQ and this Resolution are in the best interest and welfare of the City. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Issuance of Request for Qualifications (RFQ). The City Manager is hereby authorized to issue the RFQ for the Project in substantially the form attached hereto as Exhibit "A," subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 3. Implementation . That the City Manager is authorized to take any and all actions necessary to implement the issuance of the RFQ and the purposes of this Resolution. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 6th day of February, 2024. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION OF WEISS SEROTA HELFMAN COLE & BIERMAN, P .L. CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: 5-0 Yea Yea Yea Yea Commissioner Corey: Yea Page 2 of2 Agenda Item No:10. City Commission Agenda Item Report Meeting Date: February 6, 2024 Submitted by: Roger Pou Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ) Suggested Action: Attachments: CA_Memo_Reso Re City Hall RFQ.docx Resolution Authorizing Issuance of RFQ for South Miami City Hall Redevelopment - CAv2.docx 47E561602 Draft City Hall RFQ TR Rev 1-30-24 - CAv2.docx 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Lillian Arango and Tony Recio, City Attorneys CC:Genaro “Chip” Iglesias DATE:February 6, 2024 City Commission Meeting SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. ______________________________________________________________________________ The accompanying resolution was prepared and placed on the agenda at the request of Mayor Fernandez. 2 CITY OF SOUTH MIAMI REQUEST FOR QUALIFICATIONS (RFQ)No. <<2023-XX>> SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT City of South Miami Commission Mayor Javier Fernández Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: SUBMITTAL DUE DATE: SUBMITTAL DUE TIME: BID OPENING DATE: BID OPENING TIME: 5 2 of 51 PUBLIC NOTICE REQUEST FOR QUALIFICATIONS RFQ No. <<2023-xx>> SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting responses for the SOUTH MIAMI CITY HALL CITY REDEVELOPMENT PROJECT.Interested companies, firms, and individuals (“Respondents”) may obtain a copy of Request for Qualifications RFQ No. <<2023-XX>> (the “RFQ”) to be issued on <<MONTH DAY>>,2023, at City Hall (6130 Sunset Drive, South Miami, Florida),from the City’s website at www.southmiamifl.gov,or from DemandStar at https://network.demandstar.com/.The RFQ contains detailed information about the scope of services, submission requirements, and selection procedures. The Successful Respondent shall be provided with an opportunity to compete as part of a Phase II Request for Proposals competitive procurement process. All notices and any addenda issued by the City with respect to the RFQ will be made available on the City’s website. It is the Respondent’s sole responsibility to ensure receipt of any issued notice or addenda relating to this RFQ once posted to the website. The response submission shall be submitted electronically via DemandStar and marked “Response to City of South Miami,RFQ No. <<2023-XX>>for the “SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT.” The City will only accept response submissions electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ Responses must be received by the City by no later than <<MONTH DAY>>,2023 at 10:00 a.m. EST. Any response submission received after this time and date will be rejected and returned unopened. Respondents are responsible for ensuring that their response is received in the City by the deadline. Responses will be publicly opened through video conferencing using the Zoom platform on <<MONTH DAY>>,2023 at 10:30 AM, local time. Members of the public are invited to view the response opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. The City hereby provides notice to all Respondents of the imposition of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence,”as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid between a potential vendor, service provider, proposer or Respondent, or agent, representative, lobbyist or consultant for the potential Respondent; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone of Silence. Date Issued:<<MONTH DAY>>,2023 6 3 of 51 TABLE OF CONTENTS Section Page Section 1: Information for Respondents # Section 2: Terms and Conditions # Section 3. Scope of Services # Section 4: Response Form Package and Attachments # 7 4 of 51 SECTION 1. INFORMATION FOR RESPONDENTS 1.1.INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting responses (“Responses”) from qualified firms (“Respondents”) capable of successfully redeveloping and operating a profitable, large-scale, multi- component and mixed-use development featuring a new municipal complex (the “Services” or “Work”) at 6130 Sunset Drive for the SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT (the “Project”), all as set forth in greater detail under Section 3 of this RFQ. 1.2.SCHEDULE OF EVENTS. The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole discretion, at any time during the RFQ procurement process. No.Event Date*Time* (EST) 1 Advertisement/Distribution of RFQ 2 Non-Mandatory / Mandatory Pre-Proposal Conference 3 Deadline to Submit Questions / Requests for Clarification 3 City Issues Addenda and Responds to Questions 4 Deadline to Submit Responses – Submission Deadline 5 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. 6 City Procurement Division Review of Response Submission Responsiveness 7 Evaluation Committee Review 8 Oral Presentations Before Evaluation Committee (if requested) 9 Recommendation from Evaluation Committee to City Manager 10 Confirmation of Top-Ranked Respondents by City Commission (if requested by City Manager) 8 5 of 51 11 City Issuance of Request for Proposal to Top-Ranked Respondents 13 Request for Proposals (RFP) Submission Deadline 14 Evaluation of RFP Submissions 15 Award of Development Agreement(s) or Contract(s) at City Commission Meeting 1.3.RESPONSE DUE DATE. Sealed Responses must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/. All sealed responses must be received by 10:00 a.m. E.S.T. on <<MONTH DAY>>, 2023 (the“Submission Deadline”). Sealed responseswill be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the response opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 1.4. PRE-SOLICITATION CONFERENCE AND SITE(S) VISIT. A pre-solicitation conference, will be scheduled for this RFQ. Prior to submitting a Response, each Respondent should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded developer or the equipment, materials and labor required. The Respondent is also required to examine carefully the Scope of Services set forth in Section 3 of this RFQ and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5.ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING PROCUREMENT PROCESS. The City will not respond to oral inquiries or questions concerning this RFQ. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than <<MONTH DAY>>, 2023 at 10:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFQ issued by the City to all known and/or registered prospective Respondents. Each prospective Respondent shall acknowledge receipt of such Addenda by including it in the Response Form. All Addenda shall be a part of this RFQand a part of the Agreement and each Respondent will be bound by such Addenda, whether 9 6 of 51 or not received. It is the responsibility of each prospective Respondent to verify that it has received all Addenda issued before Responses are submitted and opened. 1.6.SUBMISSION OF RESPONSE. Sealed Responses must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/by the Submission Deadline and must be marked as “Response to City of South Miami, RFQ No. <<2023-xx>> for the “SOUTH MIAMI CITY HALL REDEVELPMENT PROJECT”and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A RESPONSE TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDENT. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF RESPONSES. ANY RESPONSE RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED RESPONSES SHALL NOT BE CONSIDERED. The Response must be signed by an authorized officer of the Respondent who is legally authorized to bind the Respondent and enter into a contractual relationship in the name of the Respondent. The submittal of a Response by a Respondent will be considered by the City as constituting an offer by the Respondent to perform the required Work upon terms, requirements, and conditions contained herein. 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/ Responseswill be publicly opened through video conferencing using the Zoom platform at 10:30 AM, local time. Members of the public are invited to view the response opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Responses shall be typed or printed in ink. All blanks on the Response form(s) must be completed. Names must be typed or printed below the signature. Responses submitted by hand-delivery, facsimile and/or email will not be accepted. Only one (1) Response from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Respondent has interest in more than one (1) Response for Work contemplated; all Response in which such a Respondent is interested will be rejected. Respondent by submitting this Response certifies that this Response is made without previous understanding, contract, or connection with any person, firm or corporation making a Response for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 1.7.RESPONSE REQUIREMENTS AND FORMAT. Each Respondent must present its products, services, and applicable features in a clear and concise manner that demonstrates the Respondent’s capabilities to satisfy the requirements of this RFQ. Emphasis should 10 7 of 51 be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information, and suitability of the Respondent for the provision of the Services. Responses MUST include the following: 1.7.1.Cover Page.Each Response submitted shall have a cover page with the Respondent’s business name, address, and telephone number; name and all contact information for the individual that will serve as the Project Manager (PM); the date and subject “Proposal for RFQ No. << 2023- XX for a “South Miami City Hall Redevelopment Project.” 1.7.2.Table of Contents.A Table of Contents that outlines in sequential order the major areas of the Response, including enclosures. All pages must be consecutively numbered and correspond to the Table of Contents and shall be in the order required by this RFQ. 1.7.3.Letter of Intent.A Letter of Intent shall be provided that briefly introduces the Respondent, the Respondent’s commitment to the City; an understanding of the Services to be performed, local conditions, and the City’s goals and objectives; the Respondent’s approach and philosophy in implementing the Services; and such other aspects of the Response. The Letter of Intent must be single-spaced, 12 point font, and shall not exceed three (3) pages in length. 1.7.4.Response Form Package.Respondent shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Response Package: Form 1.Response Form Package Acknowledgement. Form 2A. Respondent’s Certification (if Company or Corporation) Form 2B. Respondent’s Certification (if Partnership) Form 3.Single Execution Affidavits Form 4.Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6.Respondent’s Qualifications Survey Form 7.Key Staff and Proposed Subcontractors Form 8.Reference List 1.7.5.Respondent's Qualifications. Respondents must complete and submit Form 2, Respondent’s Certification, and Form 6, Respondent’s Qualifications Survey.Additionally, Respondent must submit: 1.7.5.1. A copy of the entity’s State Corporate Certificate or other proof from the Florida, Division of Corporations that Respondent is authorized to do business in Florida. 1.7.5.2. Proof that Respondent, one or more of its principals, or entities directly controlled by those principals have been in continuous operation for five (5) years. 1.7.5.3. Narrative describing Respondent team’s experience with projects of similar scope, and application to the current proposal, including the methodology for site evaluation, market evaluation, conceptualizing development, design, construction, and occupancy. 1.7.5.4. Narrative describing Respondent team’s experience with financing projects of similar scope to the subject project, including relationships with lenders, equity partners, etc. 1.7.5.5. Copies of Respondent’s professional, occupational, and business licenses, and certifications, as well as those professional, occupational, and business licenses and certifications possessed by supporting firms, contractors, or subcontractors. 11 8 of 51 1.7.5.6. Specialized Experience. Describe and document knowledge and experience in the following areas: 1.7.5.6.1.Construction of Mixed-Use Vertical Developments, 1.7.5.6.2.Development of Government Facilities, 1.7.5.6.3.Florida Building Code, 1.7.5.6.4.Sustainable and resilient design, including green building certification systems, 1.7.5.6.5.Adaptable garage facilities and parking management technology, and 1.7.5.6.6.Stakeholder and public engagement. 1.7.5.7.Describe in narrative form and provide documentation regarding any major successes that the Respondent or a member of its team may have achieved or accolades received in the completion of similar projects or developments. 1.7.6.Proof of Experience. Provide documentation evidencing the experience of the Respondent and demonstrating that the Respondent has successfully provided Work similar to those specified herein to other firms and/or agencies of similar size and needs as the City. Specifically, Respondent must submit: 1.7.6.1.Proof that the Respondent, one or more of its principals, or entities directly controlled by those principals have currently engaged in the provision of the Services on a full-time basis and has been in existence providing the Services for a minimum of ten (10) years, with a special preference for experience providing the Work in the State of Florida and especially South Florida. 1.7.6.2.Respondent shall identify a “Principal in Charge” with authority of speaking and making decisions on behalf of the Respondent. The Principal in Charge, or entities directly controlled by the person, must have a minimum of five (5) years’ experience in developing similar projects. 1.7.7.Key Staff Qualifications. The Respondent must include the following information for this requirement: 1.7.7.1. Complete and submit Form 7, Key Staff and Proposed Subcontractors. 1.7.7.2. Organizational Chart showing the reporting structure for all Key Staff, including any key subcontractors. Describe the role that each team member will play in providing the development of the Project and each team members’ qualifications. 1.7.7.3. Include a one-page resume for each person or subcontractor listed in Form 7, Key Staff and Proposed Subcontractors.Resumes should include experience with similar projects, specifying the role the individual employee or subcontractor served on the project, including information indicating their relative involvement on the task and relative involvement for each project. 1.7.8.Past Performance.Respondent should demonstrate proof of completion for at least five (5) previously completed or ongoing projects similar to the Project within the past five (5) years, as identified in the list of recent contracts provided under Form 6.Respondent shall also provide: 1.7.8.1.Litigation history relating to any prior or on-going development projects or similar projects. 12 9 of 51 1.7.8.2.Official complaint history within the last five (5) years for its qualifying professional license. 1.7.9.Project Approach. The Respondent shall provide an overall project approach, detailing the Respondent’s understanding of local conditions and the City’s needs, objectives, and goals. Special emphasis should be given to the Respondent’s Project development approach and plan and Project implementation schedule. 1.7.10.Financing.The Respondent shall describe their experience in financing site acquisition, design, construction, and operation/maintenance of projects similar in scope and size to the subject project. Such financing may include lender relationships, potential equity partners, and any other sources of funds that Respondent has had access to in the past and expects to have access to for the subject project. The Respondent shall also submit Financial Statements for the Respondent’s financially responsible party for the three (3) most recently completed fiscal years. The Financial Statements must include an Opinion Letter, a Balance Sheet, an Income Statement and a Statement of Changes in Cash Flow. Financial Statements must be prepared in accordance with US Generally Accepted Accounting Principles (USGAAP) or International Financial Reporting Standards (IFRS). The Statements must be audited by an independent party qualified to render audit opinions. If audited statements are not available, the Respondent shall include unaudited Financial Statements, certified as true, correct and accurate by the chief executive, chief financial officer or treasure (or equivalent) of the entity. 1.7.11.Insurance Certificates. Respondent shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.11.1.Commercial General Liability 1.7.11.2.Workers Compensation & Employer’s Liability 1.7.11.3.Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 1.7.12.Special Consideration.Describe any special resources that Respondent or Respondent’s personnel assigned to perform the Services may bring or in-house expertise in technical areas, which will specifically benefit the City. Not to exceed three (3) pages in 12 point font and single-spaced. Excess pages will be removed prior to submission to the Evaluation Committee. 1.8.EVALUATION CRITERIA. Responses will be evaluated according to the following criteria and respective weight: Evaluation Criteria Maximum Points Qualifications/Experience of the Respondent and Team To include years of experience, ability, capacity and skill, accomplishments and reputation, and adequacy of personnel to perform (including ability to timely perform), and availability of all required licenses, permitting, certifications, and other governmental requirements. Resumes and an organizational chart of the proposed team members, including identification of each team member’s area of responsibility and the extent of their availability. 30 Past Performance and Client References 30 13 10 of 51 Experience and background of principals in providing similar development services and past projects, including, but not limited to, familiarity with local, state, and federal regulatory agency procedures and requirements. Preference will be provided to Respondent’s providing proof of past performance for similar governmental projects. Project Approach Respondent’s understanding of the City’s needs, local conditions, goals, and objectives. 20 Financial Stability and Financing Ability Information that demonstrates that the Respondent possesses the financial resources and experience to design, construct, operate and maintain operations of a major multi-component, mixed-use development. 20 TOTAL MAXIMUM POINTS 100 points 1.9.SELECTION PROCESS. The City shall evaluate responses received by the submission deadline in accordance with the evaluation procedures outlined below. 1.9.1.Phase I – Staff Level Review for Compliance with Minimum Requirements. A member of City Staff shall review and evaluate the Responses submitted to ensure the minimum requirements of the RFQ have been met. The City Manager or designee may reject those Responses that do not meet the minimum requirements of the RFQ. 1.9.2.Phase II. Evaluation Committee Review. The City Manager will appoint an Evaluation Committee (“Committee”) to review and evaluate the responsive RFQ submissions during a public meeting (the City will provide instructions on how to participate and access the meeting). The Committee shall select in order of preference and rank the firm(s) it deems to be qualified to perform the required services using the evaluation criteria set forth above. The Committee reserves the right to request additional information or seek clarifications as it deems necessary. Failure to comply with any mandatory requirements may disqualify a response. The Committee reserves the right to conduct additional interviews or require presentations prior to finally ranking the Respondents. 1.9.3.Phase III. Oral Presentations (if Required by Committee). The Committee may call Respondents for oral presentations before the Committee regarding their Response, approach to the Services, and ability to furnish the required Services. Respondents, including subcontractors, called for oral presentations shall be present at the assigned time for a 20-minute presentation followed by up to a 10-minute question-and-answer session. The Respondents are encouraged to be represented only by the Project Manager and the key staff identified in the Response. Additional details on the oral presentations may be provided to the short-listed Respondents. If oral presentations are requested by the Committee, the oral presentation will be worth a maximum of 25 additional points and shall be added to the Evaluation Committees Final Scoringfor each Respondent. The City will notify the Respondents where the oral presentations, if any, will be conducted and whether the Respondents may appear virtually or must appear in-person. The Committee shall rank the Respondents and provide its written recommendations to the City Manager. 14 11 of 51 Should the Committee’s evaluation process result in a tie in the rankings, the tie will be resolved in favor of the Respondent with the greatest number of years in existence providing the Services. 1.9.4.Phase IV. Short-listing of Top-Ranked Respondents. The City Manager shall evaluate the Committee results and select a short list of at least three (3) Respondents (the “Short-Listed Respondents”) that are responsible and qualified to perform the required services.The Short-Listed Respondents will be provided a Request for Proposals (“RFP”) to evaluate each Short-Listed Respondent’s detailed Project approach, Project Schedule, Project Design Concept, and proposed compensation structure, among other potential evaluation factors. At the City Manager’s option, the City Manager may present the list of Short-Listed Respondents as a recommendation to the City Commission together with the Committee’s rankings for final determination of which Respondents, if any, should be deemed short-listed and provided the RFP. In such event, the City Commission may select the final list of Short-Listed Respondents, if any, that it determines are the most qualified, taking into consideration the City Manager’s recommendation, the Committee’s recommendation, and all aspects of the Respondent’s Response. 1.9.5.Phase V. Request for Proposals. Following short-listing of the top-ranked Respondents, the City shall provide the top-ranked Respondents with an RFP. The RFP to be developed will provide detailed instructions requesting each Respondent’s approach, schedule, design concept, and proposed compensation structure for development of the Project, among other potential evaluation factors. The City may, at its sole discretion, request additional, less, or different information than outlined herein once the RFP is finalized and provided to the top-ranked Respondents. 1.9.6.Phase VI. City Commission Meeting to Approve Contract with Respondent. After review and completion of RFP responses, the City Manager shall, at his or her sole discretion, negotiate a development agreement for development of the Project with one or more Respondents. Upon reaching mutually agreeable terms with the selected Respondent(s), the development agreement or contract negotiated with the selected Respondent shall be presented to the City Commission for final approval. The City Commission shall have the final authority to select one or more of the Respondents (the “Successful Respondent(s)”) and award any development agreement(s) or contract(s). Any award(s) shall be subject to execution of a development agreement(s) or contract(s). A development agreement or contract is not binding until a written agreement or contract, based on the form attached hereto as Attachment “A,”has been executed by the City and the Successful Respondent and approved as to form, content, and legal sufficiency by the City Manager and City Attorney. 1.10.CITY’S RIGHTS; WAIVER OF IRREGULARITIES. The City reserves the right to reject any or all responses which is in any way incomplete or irregular, re- issue the entire solicitation, or enter into any development agreement(s) or contract(s) with more than one Contractor for parts of the Services. The City reserves the right to accept or reject any and/or all Responses or parts of Response, to workshop or negotiate any and all Response, to select and award Respondent(s) for all or any of the Work, waive irregularities in Response, to cancel or discontinue this Request for Qualifications process, and to re-issue 15 12 of 51 a competitive solicitation for the required Work or Services. The City Commission shall make the final determination and award of a contractor to the Successful Respondent(s). All materials submitted in response to this Request for Qualifications become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Response or responses to the RFQ, whether amended or not, and selection or rejection of Response does not affect this right. 1.11.CODE OF ETHICS PROVISIONS. 1.11.1.Cone of Silence. The provisions of City’s Cone of Silence are applicable to this RFQ. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for bid, between a potential vendor, service provider, proposer or Respondent(hereinafter referred to as the “Potential Respondent”), or agent, representative, lobbyist or Respondent for the potential Respondent; (hereinafter referred to as the “Respondent'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. The provisions of the Cone of Silence 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; (ii)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 F.S. § 286.0113; (iii)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; (iv)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 Respondent or Respondent's representative. The City clerk shall make copies available to any person upon request; (v)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 16 13 of 51 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; (vi)Communications with the City attorney and his or her staff; (vii)Communications during any duly noticed site visits to determine the competency and responsibleness of Respondents regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii)Any emergency procurement of goods or services pursuant to City code; (ix)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; (x)Communications prior to bid opening between City's professional staff and potential Respondents and/or Respondent's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential Respondents and/or Respondent'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. 1.11.2.Lobbying Prohibited. All potential Respondents and their agents who intend to submit, or who submitted, a bid or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term “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 (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. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a Evaluation Committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this RFQ. Any person 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. All Respondents are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive 17 14 of 51 South Miami, Florida 33143 Npayne@southmiamifl.gov END OF SECTION 1 18 SECTION 2. TERMS AND CONDITIONS 2.1.PURPOSE OF RFQ. The City is seeking qualifications from firms for the Project. All Responses submitted in response to this RFQ must conform to the following terms and conditions. 2.2.EQUIPMENT. Any equipment or products used by Respondent to provide the Services pursuant to this RFQ shall remain the property of the Respondent. In the event equipment or products used by the Respondent are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this RFQ or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense. 2.3.SOLICITATION RESPONSE COSTS. Respondents submitting a response to this RFQ do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting a response, providing additional information when requested by the City, or for participating in any selection interviews. 2.4.LICENSES AND PERMITS. Respondent shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Respondents must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Response to this RFQ, Respondent represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Services. Respondent represents and warrants to the City that the Licenses shall be in full force and effect on the date of performance of the Services and further represents that it holds and will hold all Licenses throughout the term of the Agreement. Respondent shall provide the City with copies of all Licenses and any additional permits that may be required for performance of the Services with its response and during the term of the Agreement. Where the Respondent is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform the Work as a result of a Response award, the Respondent will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Respondent shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the negligence of the Respondent (or their agent) or any person the Respondent has designated in the performance of the Services, as a result of the RFQ. 2.5.INSURANCE. 2.5.1.If awarded a development agreement or contract, the Respondent shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Respondent’s insurance and 19 2 of 51 shall not contribute to the Respondent’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Respondent’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the Cityas an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Respondent shall provide a waiver of subrogation for the benefit of the City. The Respondent shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Work. 2.5.1.1.Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Respondent. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 2.5.1.2.Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontactor or agent of the Respondent shall be allowed to provide Work pursuant to this RFQ who is not covered by Worker’s Compensation insurance. 2.5.1.3.Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 2.5.2.The Respondent agrees to indemnify, defend and hold harmless the Cityfrom and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the eventual award of a development agreement or contract or Respondent’s performance of the Work required by this RFQ. 2.5.3.The Respondent shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Respondent's timely payment of each insurance policy premium as required by the Agreement. 2.5.4.THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.6.COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Respondent shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations. 2.7.ATTORNEY’S FEES. 2.7.1.City’s Cost Recovery. The Successful Respondent shall reimburse the City for all of the City’s attorney’s fees and related costs associated with the preparation and conduct of this RFQ including but not limited to the review of interacting with all other Respondents and the 20 3 of 51 City’s Administration and elected officials, and the preparation, review and revision of all documents related to the RFQ. 2.7.2.In the Event of Adverse Proceedings. If the City incurs any expense in enforcing the terms of the RFQ or eventual development agreement or contract, whether suit or similar action be brought or not, the Successful Respondent agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 2.8.RESPONDENT’S RELATION TO THE CITY. It is expressly agreed and understood that the Successful Respondent will be in all respects an independent contractor as to all Services hereunder, and that the Successful Respondent will not be in any respect an agent, servant or employee of the City. This RFQ specifies the Services to be performed by the Successful Respondent, but the method to be employed to accomplish the Work shall be the responsibility of the Successful Respondent, unless otherwise provided in the Agreement or by the City. 2.9.DISCRIMINATORY PRACTICES. The Respondent shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Respondent will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 2.10. CANCELLATION. Failure on the part of the Respondent to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Respondent holding the City harmless. 2.11. INDEMNIFICATION. The Respondent shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Respondent, its agents, servants or employees, in the performance of the Services pursuant to an agreement awarded pursuant to this RFQ and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Respondent. 2.12. MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Respondents to provide some or all of the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 2.13.PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Respondents are advised as follows: “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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Respondent under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in 21 4 of 51 excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” 2.14.NO CONTINGENCY FEE. Respondent shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Respondent, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Respondent, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement, without liability, at its discretion. 2.15. PUBLIC RECORDS; CONFIDENTIALITY. Respondents are hereby notified that all information submitted as part of or in support of Response submitted pursuant to this RFQ are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this RFQ, Florida Law will govern and prevail. All Responses submitted in response to this RFQ shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Responsein its best interest. Acceptance or rejection of any Response shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RESPONDENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address:6130 Sunset Drive South Miami, FL 33143 Telephone number:305-663-6340 Email:NPayne@southmiamifl.gov 2.16.AMERICAN RESCUE PLAN ACT PROVISIONS. Respondent acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). The Successful Respondent shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum to this solicitation. If compliance with this section is required, the City shall select this box: . 2.17.GRANT FUNDING. By submitting a response to this solicitation, Respondents acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Respondent warrants and represents that it has 22 5 of 51 reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 23 SECTION 3. SOUTH MIAMI CITY HALL REDEVELOPMENT SCOPE OF SERVICES 3.1.PROJECT BACKGROUND AND DEVELOPMENT GOALS The City of South Miami (the “City”) is centrally located in Miami-Dade County and is closely located to important countywide resources, including the South Miami Metrorail Station, South Miami Hospital, Sunset Place, the University of Miami, and other major commercial and governmental assets. In order to revitalize the City’s downtown area, the City is seeking qualifications from experienced Respondents that are able and willing to redevelop South Miami City Hall with a profitable, large-scale, multi-component, mixed-use development at the approximately XX square foot property located at 6130 Sunset Drive (the “Project”). Specifically, the City is seeking firms that possess the technical expertise, experience, financial capacity, and such other qualifications necessary to: A. Develop the Project with a new (1) City Hall that is at least 30,000 square feet, (2) City Police Station that is at least 25,000 square feet, and (3) Miami-Dade County Public Library that is at least 13,500 square feet in size and within 0.25 miles of the South Miami Metrorail Station. Note that Successful Respondents must be aware of the restrictions and requirements of the Interlocal Agreement between the City and Miami- Dade County governing the redevelopment or relocation of the Miami-Dade County Public Library currently located on site. Alternate development locations of the City Hall and City Police Station components may be accepted by the City at its sole discretion. Alternate locations for the Miami-Dade County Library may also be proposed, provided that the proposed location is within 0.25 miles of the South Miami Metrorail Station and Miami Dade-County and the City approve the proposed location, which approval shall be at the sole discretion of Miami-Dade County and the City. B. Construction of a mixed-use development on the Property that incorporates transit-oriented development principles to build upon the transit and civic infrastructure of the area. The mix of uses to be featured may include, but are not limited to, residential, retail, office, medical, lodging, civic, and other land uses. In determining what mix of uses to propose, developers are encouraged to consider the highest and best use for the Project and the feasibility of uses under prevailing market conditions. C. Provide structured parking, which shall containat least 90parking spaces for City Hall, 60 parking spaces for the City Police Station, and 39 parking spaces for the Miami- Dade County Public Library. If the Miami-Dade County Public Library component is to be built off-site, parking requirements for the library may be met through surface parking, structured parking, or through a combination of surface and structure parking. Sufficient parking necessary to support the residential, retail, office, medical, lodging, civic, and other land use components proposed for the Project shall also be provided in accordance with the City’s land development regulation requirements. Parking provided to support non-governmental uses may be adjusted based on the proximity to existing mass transit assets. D. Preserve the historic Sylva Martin Building or historic features of the building. Respondents may incorporate and preserve the historic Sylva Martin Building or historic features of the building into the overall development scheme or provide for the safe and securerelocationof the buildingto a suitable location, subject to the consent and approval of the City. 24 2 of 51 E.Provide competitive revenue streams to the City in the form of a purchase price, lease payments, revenue sharing arrangement, or other compensation structure. Additional parcels may be incorporated into the overall development of the Project in order to maximize available revenue streams to the City. F.Improve transit connections to the Project site, especially by improving site accessibility to the South Miami Metrorail Station.Additional parcels of property that are contiguous to the Project site or which connect the Project site to the South Miami Metrorail Station may be incorporated into the overall development of the Project to improve transit connections. 3.2.PROJECT SITE The City Hall Site consists of two (2)parcels located at 6130 Sunset Drive (Property Folio Nos. 09-4036-025-0170 and 09-4036-000-0030). The Miami-Dade County Library parcel (09-4036- 026-0031)may also be a part of the project site, so long as Miami-Dade County and the City enter into an interlocal agreement on or before the issuance of the Request for Proposals from Short- Listed Respondents. The parcels are graphically depicted below. The site land area (including the MDC library parcel)is 195,455 square feet. The future land use map designation of the property is Public and Institutional and the property is zoned Public/Institutional. Land Use Public and Institutional Zoning Public/Institutional 25 3 of 51 Site Square Footage 195,455 Acreage 4.48 Please note, the Successful Respondent(s) shall be solely responsible for receiving all development approvals necessary for the development of the Project, including rezoning of the property and seeking an amendment to the current future land use map (FLUM) designation. The Successful Respondent(s) may seek to vacate a portion of 61 st Court adjacent to the City parcels. The Project Site identified above represents the parcels of property owned by the City and/or Miami-Dade County. However, the City shall provide preference to those Respondents that demonstrate experience in combining contiguous or connected properties as part of an overall development proposal. Respondents with experience improving access to nearby transit resources shall also be provided preference. 3.3.PROJECT OVERVIEW Successful Respondent(s) who have executed a development agreement or contract with the City (hereafter “Selected Developer(s)”) shall be responsible for all aspects related to and payment of all expenses associated with the planning, construction, maintenance, and operation of the proposed development at the City Hall Site. Accordingly, responses must demonstrate that the Respondent is qualified and able to provide all aspects of the Services required for the Project, including but not limited to: a. Overseeing all aspects of the design and construction of the Project at the City Hall Site, including the development of new buildings or space for the following components, at a minimum: City Hall that is at least 30,000 square feet in size City Police Station that is at least 25,000 square feet in size Miami-Dade County Library that is at least 13,500 square feet in size, and Parking must be provided as follows: o At least 90 parking spaces for the City Hall component, o At least 60 parking spaces for the City Police Station component, o At least 39 parking spaces for the Miami-Dade County Public Library component, and o As required by the City’s land development regulations for other proposed non-governmental land uses, taking into account allowances for proximity to transit assets. Respondents should be aware that there will be restrictions and requirements in an Interlocal Agreement to be entered into between the City and Miami-Dade County 26 4 of 51 governing the redevelopment or relocation of the Miami-Dade County Public Library currently located on site. Alternate site locations for a new City Hall and City Police Station may be proposed, which may be accepted at the City’s sole discretion. Alternate locations for the Miami-Dade County Library may also be proposed, provided that the proposed location is within 0.25 miles of the South Miami Metrorail Station and Miami Dade-County and the City approve the proposed location, which approval shall be at the sole discretion of Miami-Dade County and the City. The Project may also feature a mix of land uses that incorporate transit-oriented development principles to build upon the transit and civic infrastructure of the area. Towards that end, the development may feature: Any combination of uses, including, but not limited to, residential, retail, office, medical, lodging, civic, and other land uses. Municipal/Civic facilities or parks. Transit mobility infrastructure, such as bicycle paths and shared use paths. In the event alternate sites are proposed for the City Hall and City Police Station components of the Project are proposed, surface parking and/or structured parking may be utilized to meet the City’s parking requirements. A park site of at least 27,500 square feet shall be provided on the project site. b. Securing all financing as required by the Development Agreement to be awarded if selected and payment of all costs related to the planning, construction and operation of the proposed development, including any monetary contributions that may be necessary to defray costs associated the sale or lease of the City Hall Site. Proposed financing for the Project shall not allow for the cross-collateralization or cross-defaulting with any other property, project, or other assets. c. Improving connectivity to major transit assets, especially South Miami Metrorail Station. Contiguous properties or properties connected to the Project site may be incorporated to improve connectivity to mass transit assets. d. Combining contiguous properties to provide for a more expansive Project development at the City Hall Site. e. Developing competitive revenue streams for the City in the form of purchase payments, lease payments, revenue sharing, or other compensation structure. f. Obtaining certified, insured, experienced and reputable architectural, engineering, and construction services including a general contractor, project manager and subcontractors for the Project. g. Duly applying for, obtaining and maintaining any and all permits, licenses, easements, property rights and approvals, necessary prior to and after construction. . Required development approvals may include, but are not limited to, rezoning of the Property and seeking a Future Land Use Map (FLUM) amendment to the Property’s existing FLUM designation. 27 5 of 51 h. Platting of the City Hall Site, if necessary. i. Paying all development fees imposed in connection with the development by the City or any other agency of appropriate jurisdiction. j. Implementing all off-site public improvements and/or infrastructure required for development of the City Hall Site (streets, street widening, streetlights, sidewalks, water/sewer infrastructure, landscaping, etc.) will be the responsibility of the Selected Developer(s). k. Incorporating and preserving the historic Sylva Martin Building into the overall development scheme or providing for relocation of the building to a suitable location, subject to the consent and approval of the City. l. Extending, relocating and/or upgrading all utilities, including utilities serving existing City facilities, or connecting new utilities, if necessary. m. Altering, relocating, or replacing any City and/or private facilities, either temporarily or permanently, and implementing any measures required to maintain City and/or private operations during development at the sole cost of the Selected Developer(s). n. Submitting plan(s) to mitigate any disruption to City, other public and/or private operations and/or impacts to City, public and/or private facilities. The plan(s) must be approved in writing by the City prior to commencement of any work that may impact Cityor private operations and/or facilities. Any damage or impacts to City, public, and/or private systems, facilities, or operations resulting from activities undertaken or authorized by the Selected Developer(s) must be immediately remediated at the Selected Developer’s sole expense. If required by the City, the Selected Developer(s)must prepare and submit a mitigation and remediation plan. The plan must receive the written approval of the City and be executed by the Selected Developer(s). o. Certain activities which may potentially impact City facilities and/or operations may require that City employees or representatives monitor and coordinate such activities. Accordingly, the Selected Developer(s) shall be responsible for covering all costs incurred as a result of such activities, including payment for costs incurred by the City in providing County employees or representatives to monitor and coordinate the activities. p. Conducting environmental review and assessments required by any authority having jurisdiction over such matters including any and all studies and analyses required for such review and assessments and for any remediation of the Site if required, at its sole expense of the Selected Developer(s). q. Filing of Development Agreement or any other agreements awarded at the conclusion of this procurement process, including payment of all recording fees. r. Paying any and all taxes associated with the development of the property, including but not limited to, ad valorem real estate taxes, that may be associated with the Project and/or the property. 28 6 of 51 s. Submitting monthly status reports to the City regarding the Project development upon award of Development Agreement. Frequency, subject matter and details covered in status reports will be determined by the City and may be changed at any time at the discretion of the City. t. Commencing and completing construction of the Project in a timely manner in accordance with the development agreement(s) or contract(s) to be awarded and all applicable rules, regulations, ordinances, and standards required by the City and any other applicable regulatory agency. u. Prior to construction, ensuring that the Selected Developer(s)’ designated Project Manager, Contractors and/or Subcontractors, and any other employees and/or representatives of the Respondent as the City may require, meet with Citystaff to provide relevant information and to coordinate construction related activities. Upon commencement of construction, such meetings will be required as frequently as deemed appropriate by the City. v. Participating in community outreach activities as requested by the City. w. Obtaining bonding and/or assurance of completion as required by law and as acceptable to the City. x. Obtaining all insurance coverages as required by the City. y. Applying for and obtaining any zoning changes and/or any other land use planning changes and/or waivers from the appropriate agency having jurisdiction. (The City does not make or offer any representation or warranty that any such requested changes will be granted.); z. Obtaining any and all access permits from the state, county, City and/or any authority having such jurisdiction. aa. Vacating and/or obtaining appropriate releases of easements, rights-of-way, or any other encumbrance to enable development of the property. 3.3.1.The property is being offered for development on an “as is” basis. The Respondent is solely responsible for completing a comprehensive due diligence process regarding development of the City Hall Site. The City disclaims all responsibility and liability for the completeness or accuracy of any information that it provides. 3.3.2.The City does not make any type of representation or warranty, whatsoever, regarding the condition of the property, its suitability for the uses contemplated by this Solicitation. The Selected Developer(s) shall be solely responsible for obtaining all such approvals and permits and for resolving any objections to the proposed uses, regardless of the source of such objections. Required development approvals may include, but are not limited to, rezoning of the Property and seeking a Future Land Use Map (FLUM) amendment to the Property’s existing FLUM designation. The City does not guarantee or represent, in any way, that it will provide support or assistance to the Selected Developer(s) in obtaining development approvals or permits or resolving objections to the proposed uses, including but not 29 7 of 51 limited to, objections to such uses by community organizations, community activists, elected City officials or officials charged with issuing such approvals and permits. END OF SECTION 3 30 SECTION 4. RESPONSE FORM PACKAGE As provided in the ITB, the following items must be attached to this Response: FORMS STATUS Form 1 – Response Form Package Acknowledgement  Form 2A. Respondent’s Certification (if Company or Corporation) Form 2B. Respondent’s Certification (if Partnership) Form 3. Single Execution Affidavits  Form 4. Dispute Disclosure  Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions  Form 6. Respondent’s Qualifications Survey  Form 7. Key Staff and Proposed Subcontractors. Form 8. Reference List  ATTACHMENTS This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A.Sample Development Agreement Attachment B.Declaration/Affidavit of Representation Attachment C.Bid Protest Procedures 31 FORM 1 RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Request for Qualifications RFQ No. <<2023-xx.>> I agree that my Response will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Response. I certify that all information contained in this Response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Response on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Responseis made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Response; no officer, employee or agent of the City of South Miami or any other Respondent has an interest in said Response. Furthermore, I certify that the undersigned executed this Response Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Respondent acknowledges receipt of all Addenda issued by the City in connection with the RFQ (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Response: Form 1.Response Form Package Acknowledgement. Form 2A.Respondent’s Certification (if Company or Corporation) Form 2B. Respondent’s Certification (if Partnership) Form 3.Single Execution Affidavits Form 4.Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6.Respondent’s Qualifications Survey Form 7.Key Staff and Proposed Subcontractors Form 8.Reference List 32 FORM 1 RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF RESPONDENT FIRM ____________________________________________ SIGNATURE OF RESPONDENT ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification:) Did take an oath; or Did not take an oath 33 FORM 2A RESPONDENT’S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF _____________) ) SS COUNTY OF ___________) I HEREBY CERTIFY that a meeting of the Board of Directors of ___________________________________________________________________ a corporation or company existing under the laws of the State of _________________________, held on ______________________, 2023, the following resolution was duly passed and adopted: RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to execute the Response dated, __________, 2023 to the City of South Miami for RFQ NO. <<2023- xx>> SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2023. _______________________ Secretary (SEAL) 34 FORM 2B RESPONDENT’S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ____________) ) SS COUNTY OF __________) I HEREBY CERTIFY that a meeting of the Partners of ____________________ _____________________________________________________________________, a partnership existing under the laws of the State of _________________________, held on ____________________, 2023, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Response dated ______________, 2023, to the City of South Miami for RFQ NO. << 2023-XX>> SOUTH MIAMI CITY HALL REDEVELOPMENT PROJECT from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2023. _______________________ Secretary (SEAL) 35 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE RESPONDENT OR RESPONDENT AND NOTARIZED BELOW. IN THE EVENT THE RESPONDENT OR RESPONDENT CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE RESPONDENT OR RESPONDENT IS DEEMED TO BE NON- RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A RESPONSE. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Responding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#:) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42 USC Section 3601-3631. Respondent Initials 36 Public Entity Crimes Affidavit I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime 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 to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach 37 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 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. Respondent Initials No Conflict of Interest or Contingent Fee Affidavit Respondent warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Respondent also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Respondent acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Respondent should the Respondent be selected for the performance of this contract. Respondent Initials Business Entity Affidavit Respondent hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the “ City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Respondent or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Respondent. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Respondent. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Respondent recognizes that with respect to this transaction or bid, if any Respondent violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Respondent may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Respondent Initials Anti-Collusion Affidavit 1. Respondent/Respondent has personal knowledge of the matters set forth in its Response and is fully informed respecting the preparation and contents of the attached Response and all pertinent circumstances respecting the Bid; 2. The Response is genuine and is not a collusive or sham Response; and 38 3. Neither the Respondent/Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Respondent/Respondent, firm, or person to submit a collusive or sham Response, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Respondent/Respondent, firm, or person to fix the price or prices in the attached Response or of any other Respondent/Respondent, or to fix any overhead, profit, or cost element of the Response price or the Response price of any other Respondent/Respondent, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. __________ Respondent Initials Scrutinized Company Certification 1. Respondent certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option if the Respondent or its subcontractors are found to have submitted a false certification; or if the Respondent, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFQ is for more than one million dollars, the Respondent certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option if the Respondent, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Respondent, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Respondent agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RFQ. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Respondent Initials Drug-Free Workplace Affidavit Respondent hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two responses are equal with respect to price, quality, and service. Respondent understands that in order to qualify as a drug-free workplace, Respondent must: a) 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. 39 b) Inform employees about the dangers of drug abuse in the workplace, the Respondent’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. 1)Give each employee engaged in providing commodities or contractual services under the ITB a copy of the statement specified in subsection (1). 2)Notify employees that, as a condition of working on the commodities or contractual services under the ITB, the employee must abide by the terms of the statement and will 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. 3)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. 4)Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. The entity submitting this sworn statement is not a drug-free workplace. Respondent Initials City Non-Discrimination Requirements Affidavit Respondent understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Respondent understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Respondent certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. Respondent Initials Acknowledgment, Warranty, and Acceptance 40 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFQ No. CSM2023-XX and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Response is true and accurate. Respondent Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 41 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification:) Did take an oath; or Did not take an oath 42 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Response for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification:) Did take an oath; or Did not take an oath 43 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a 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; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: _________________________________________________________ Date: _________________________By: Signature of Authorized Representative Name and Title of Authorized Representative 44 FORM 6 RESPONDENT’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the RFQ, you certify that any and all information contained in the Response is true, that your response to the RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the ITB for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the RFQ, and certify that you are authorized to sign for the Respondent’s firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert “N/A”. Firm Name Principal Business Address Telephone Number Facsimile Number Email Address Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other Please identify the Firm’s primary business: 45 Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No.License Issuance Date Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No.License Issuance Date Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor’s Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Firm’s insurance company: Insurance Carrier Name Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Email Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners, their title, and percent of ownership: 46 Owner/Partner Name Title Ownership (%) Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No.Email Address Date Awarded By signing below, Respondent certifies that the information contained herein is complete and accurate to the best of Respondent’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 47 FORM 7 KEY STAFF & PROPOSED SUBCONTRACTORS KEY STAFF Please complete the following chart with the Firm’s proposed Key Staff. If additional space is required, please copy/duplicate this page and attach to this Form. Additional space: □ No □ Yes Name Title Years of Experience Years with Firm Licenses/Certifications Please explain the Firm’s ability and resources to substitute personnel with equal or higher qualifications than the Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific request by the City: Please identify each Key Staff member’s engagement commitments that will exist concurrently with the City’s Services: Key Staff Name Area of Responsibility Client Commitment (Hours/week) Period of Engagement 48 Key Staff Name Area of Responsibility Client Commitment (Hours/week) Period of Engagement PROPOSED SUBCONTRACTORS The undersigned Respondent hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the services. The Respondent is further notified that all subcontractors shall be properly licensed, bondable, and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information shall be grounds for rejection of the Respondent’s RFQ submission. (If no subcontractors are proposed, state “None” on first line below.) Subcontractor Name & Address Scope of Work License Number Firm: Authorized Signature: Date: Print or Type Name: Title: 49 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, RESPONDENT SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 50 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 51 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No END OF SECTION 4 52 ATTACHMENT A SAMPLE DEVELOPMENT AGREEMENT [TO BE DETERMINED] 53 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION 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 with the City Clerk's office at the time a response, bid, or proposal is submitted to the City. For the purpose of this solicitation only, the members listed for the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall 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 Affidavit 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 Section 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. NAME TITLE 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. 54 ATTACHMENT C BID PROTEST PROCEDURES END OF DOCUMENT 55