C2A-Issue RFQ Infrastructure Condition Assessment And Master Plan Of Lincoln RoaCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR
QUALIFICATIONS (RFQ) FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER
PLAN OF LINCOLN ROAD
Item Summary/Recommendation:
BACKGROUND
The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail
destination is wholly owned by the City. The objective of this Request for Qualifications is to enter into a
contract with a responsive and responsible contractor to undertake a master planning process for Lincoln
Road improvements, including a facilities and infrastructure assessment, a historical overlay assessment,
and a conceptual master plan, to ad 1 ress the following concerns:
• The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor
condition and in general need of a refresh or replacement. Although $20 million in programmed
over two years in the City's adopted Capital Improvement Program (FY 2014/15 and FY 2015/16)
for upgrading the Lincoln Road venue, including its infrastructure, there is no master plan in place
to provide an overall comprehensive plan or specifications for the use of the funds
• There is a lack of information in the City regarding the existing infrastructure; including
specifications for the pumps for the various water features and fountains, for the light fixtures, etc.
The objective is to complete the master planning process for Lincoln Road improvements by FY 2014/15
when funding becomes available, the scope of which will cover the area from 17th Street to Lincoln Road
South and from West Avenue to Collins Avenue, inclusive of Lincoln Lane, North Lincoln Lane, and side
streets south to Lincoln Lane and north to Lincoln Road North.
SCOPE OF SERVICES
In general, the scope of services includes facilities and infrastructure assessment, a historical overlay
assessment, and a conceptual master plan, all of which would interface to the City's Geographic
Information System (GIS). The facilities and infrastructure assessment components will help the City
determine the condition and required replacement cycles of both above and below ground facilities and
infrastructure components of the Lincoln Road mall. The inclusion of these components in the master
planning process will assure that identified deficiencies are included in future improvements, resulting in
greater accuracy of capital resource requirements and predictability of future maintenance expenses.
In addition, the scope would include coordination and integration of improvements with the City Center 9B
Basis Of Design Report (BOOR) and any approved program for the Miami Beach Convention Center
Renovation and Expansion project, as well as an evaluation of any impacts to the surrounding residential
areas
RECOMMENDATION
APPROVE THE ISSUANCE OF THE RFQ
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: 1 N/A
OBPI Total
Financial Impact Summary:
C1t Clerk's Office Le islat1ve Trackin
Alex Denis, ext. 7 490
Sign-Offs:
A
T:\AGENDA\2014\Ja \Procurement\RFQ 2014~050-SR-LINCOLN R
MASTERPLANIISSU NCE SUMMARY-RFQ 050-2014-SR-lincoln Road
/\1\IA/V\IBEACH 27
Account
N/A
Approved
City Ma
Agenda Item --=C'--.9.----'--'If-::-
Date {-IS-/'{_
~ MIAMI BEACH -
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City/ Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SUBJECT REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST
FOR QUALIFICATIONS (RFQ) FOR AN INFRASTRUCTURE CONDITION
ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian
retail destination is wholly owned by the City. The objective of this Request for Qualifications is
to enter into a contract with a responsive and responsible contractor to undertake a master
planning process for Lincoln Road improvements, including facilities and infrastructure
assessment, a historical overlay assessment, and a conceptual master plan, to address the
following concerns:
• The overall condition of many of Lincoln Road's structures, surfaces and systems are in
poor condition and in general need of a refresh or replacement. Although $20 million in
programmed over two years in the City's adopted Capital Improvement Program (FY
2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its
infrastructure, there is no master plan in place to provide an overall comprehensive plan
or specifications for the use of the funds
• There is a lack of information in the City regarding the existing infrastructure; including
specifications for the pumps for the various water features and fountains, for the light
fixtures, etc.
The objective is to complete the master planning process for Lincoln Road improvements by FY
2014/15 when funding becomes available, the scope of which will cover the area from 17th
Street to Lincoln Road South and from West Avenue to Collins Avenue inclusive of Lincoln
Lane, North Lincoln Lane, and side streets south to Lincoln Lane and North to Lincoln Road
North.
SCOPE OF SERVICES
Please Reference Section Ill in Attachment A: RFQ 2014-050-SR Solicitation for An
Infrastructure Condition Assessment and Master Plan of the Lincoln Road Mall
28
City Commission Memorandum -RFQ Issuance for An lnfrastructure Condition Assessment and Master Plan of the
Lincoln Road MaH
January 15, 2014
Page 2of2
MINIMUM QUALIFICATIONS
Please Reference Section II in Attachment A: RFQ 2014-050-SR Solicitation for An
Infrastructure Condition Assessment and Master Plan of Lincoln Road.
MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS
Please Reference Section IV in Attachment A: RFQ 2014-050-SR Solicitation for An
Infrastructure Condition Assessment and Master Plan of the Lincoln Road Mall
EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
Please Reference Section V in Attachment A: RFQ 2014-050-SR Solicitation for An
Infrastructure Condition Assessment and Master Plan of Lincoln Road.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2014-050-SR for An Infrastructure Condition Assessment and Master Plan of Lincoln
Road.
JLM/KGB/AD
Attachment A: RFQ 2014-050-SR Solicitation for An Infrastructure Condition Assessment and
Master Plan of Lincoln Road.
T:\AGENDA\2014\January\Procurement\RFQ 2014-050-SR -LINCOLN ROAD MALL INFRASTRUCTURE CONDITION
ASSESSMENT AND MASTERPLANIISSUANCE MEMO-RFQ 050-2014-SR-Lincoln Road Master Plan.docx
29
REQUEST FOR QUALIFICATIONS (RFQ)
FOR AN INFRASTRUCTURE CONDITION ASSESSMENT
AND MASTER PLAN OF LINCOLN ROAD
RFQ 2014-050-SR
BID ISSUANCE DATE: THURSDAY, JANUARY 16, 2014
RFQ DUE DATE AND TIME: TUESDAY, FEBRUARY 18, 2014 BY 3:00PM
ISSUED BY:
/\AIA/V\1 BEACH
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.7000 x 6230 I srico@miamibeachfl.gov
30
CITY OF MIAMI BEACH
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive -Third Floor
Miami Beach, Florida 33139
Tel: 305-673-7490 I Fox: 786-394-4404 I www.miomibeachH.gov
j~ALAMIBE c
SOLICITATION SUMMARY
Solicitation No.
Solicitation Title:
Basic Description of the Scope of Work:
RFQ 2014-050-SR
Infrastructure Condition Assessment and Master Plan of
Lincoln Road
The City is engaging in a process to develop a master plan for
the Lincoln Road pedestrian retail destination is wholly owned
by the City. The objective of this Request for Qualifications is
to enter into a contract with a responsive and responsible
contractor to undertake a master planning process for Lincoln
Road improvements, including a facilities and infrastructure
assessment, a historical overlay assessment, and a
conceptual master plan, to address the following concerns:
• The overall condition of many of Lincoln Road's structures,
surfaces and systems are in poor condition and in general
need of a refresh or replacement. Although $20 million in
programmed over two years in the City's adopted Capital
Improvement Program (FY 2014/15 and FY 2015/16) for
upgrading the Lincoln Road venue, including its
infrastructure, there is no master plan in place to provide
an overall comprehensive plan or specifications for the
use of the funds
• There is a lack of information in the City regarding the
existing infrastructure; including specifications for the
pumps for the various water features and fountains, for the
light fixtures, etc.
The objective is to complete the master planning process for
Lincoln Road improvements by FY 2014/15 when funding
becomes available, the scope of which wlll cover the area
from 17th Street to Lincoln Road South and from West
Avenue to Collins Avenue, inclusive of Lincoln Lane, North
Lincoln Lane, and side streets south to Lincoln Lane and north
to Lincoln Road North.
The master planning process will include facilities and
infrastructure assessment, a historical overlay assessment,
and a conceptual master plan, all of which would interface to
the City's Geographic Information System (GIS). The facilities
and infrastructure assessment components will help the City
determine the condition and required replacement cycles of
both above and below ground facilities and infrastructure
components of Lincoln Road. The inclusion of these
components in the master planning process will assure that
identified deficiencies are included in future improvements,
resulting in greater accuracy of capital resource requirements
and predictability of future maintenance expenses.
In addition, the scope would include coordination and
integration of improvements with the City Center 9B Basis Of
Design Report (BODR) and any approved program for the
Miami Beach Convention Center Renovation and Expansion
project, as well as an evaluation of any impacts to the
21 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ Ml!\!v\1 BEACH
31
surrounding residential areas.
Solicitation Issuance Date: Thursday, January 16th, 2014
Pre-Proposal Conference: Date:
Monday, January 28, 2014@ 10:00 AM
D Meeting is Mandatory.*
Location:
~ Meeting is not mandatory, but strongly City Manager's Large Conference Room
encouraged. Miami Beach City Hall, 4th Floor
1700 Convention Center Drive
D No Pre-Proposal Conference will be held. Miami Beach, FL 33139
* Bids received from proposers who have not Dial-in Instructions:
• Dial the Telephone Number: 888-270-9936 attended the Mandatory Pre-Bid Conference will
not be considered. • Enter the Meeting Number: 1142644 and then press the
pound (#) key
Last Day for Receipt of Questions: Friday, February 7th, 2014@ 3:00 PM
Proposal Due Date & Time: Tuesday, February 18th, 2014@ 2:00PM
Proposal Opening Date and Time: Immediately following the above due time or as close as
feasibly possible.
Formal Proposal Submittal Location: Procurement Management De~artment
City Hall, Third Floor
1700 Convention Center Drive
Miami Beach, FL 33039
Procurement Contact Information: Sandra M. Rico
Senior Procurement Specialist
Phone: 305.673.7000 ext. 6230
E-mail: srico@miamibeachfl.gov
3 1 RFO 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G tv\lf\lv\1 BEACH
32
PROPOSAL SUBMITTAL CHECKLIST
Proposal Submittal to Include the Following:
Sealed Package:
No. of Copies of Proposal to be submitted:
TAB 1-Bid Tender Form
TAB 2 -Bid Certification, Questionnaire & Affidavits
Note: all documents must be signed prior to
submittal.
Submit Proposal in opaque, sealed envelope or container
clearly marked on the exterior with the following
information: Bid Number, Bid Title, Bidders Name, Bidder
Return Address.
Proposals received electronically, either through email or
facsimile, are not acceptable and will be rejected.
1 -Original Signed Bid Proposal
3 -Copies of Bid Proposal
1 -Electronic Copy (CD or USB Drive} of Bid
Proposal
NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's
partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that
your company is registered at: www.publicpurchase.com
41 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD <e /v\I,AJv~l BEACH
33
MIAMI BEACH
RFQ 2014-050-SR
FOR AN INFRASTRUCTURE CONDITION ASSESSMENT AND
MASTER PLAN OF LINCOLN ROAD
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Section VII
Section VIII
TABLE OF CONTENTS
Overview & Proposal Procedures ........................... .
Minimum Qualifications Requirements .................... .
Scope of Services .................................................. .
Proposal Format ................................................... .
Evaluation/Selection Process .................................. .
Special Terms & Conditions: Insurance ........................ .
General Conditions ............................................... .
7
13
13
14
15
17
18
Appendices............................................................ 23
Appendix A-Proposal Certification, Questionnaire &
Requirements Affidavit
Appendix B-Sample Contract and Related Terms
and Conditions
51 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G I~V\IA.MI BEACH
34
DEPARTMENT OF PROCUREMENT MANAGEMENT /V\IAIV\ BE CITY OF MIAMI BEACH
1700 Convention Center Drive-Third Floor
Miami Beach, Florida 33139
Tel: 305-673-7490 I Fox: 786-394-4404 I www.miamibeachfl.gov
RFQ No.: RFQ 2014-050-SR
RFQ TITLE: INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN
THE LINCOLN ROAD
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFQ documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Not responding due to workload issues
_Not responding due to minimum qualifications requirements
_ Not responding due to scope of services
_ Not responding due to project's size and/or complexity
_OTHER (Please specify)-----------------
Note: Failure to respond, either by not submitting a proposal Qf this completed form, may result in your company
being removed from the City's bid list
We do ___ do not. ___ want to be retained on your mailing list for future proposals for the type or
product and/or service.
Signature:
Title:---------------
Company: ____________________________ _
Feedback
The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your
feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor. including information on
requirements, timelines, and solicitation forms.
6 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (9 •"'/ BEACH
35
SECTION I ·OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION I BACKGROUND
The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian retail destination is wholly owned by the
City. The objective of this Request for Qualifications is to enter into a contract with a responsive and responsible contractor to
undertake a master planning process for Lincoln Road improvements, including a facilities and infrastructure assessment, a historical
overlay assessment, and a conceptual master plan, to address the following concerns:
• The overall condition of many of Lincoln Road's structures, surfaces and systems are in poor condition and in general need
of a refresh or replacement. Although $20 million in programmed over two years in the City's adopted Capital
Improvement Program (FY 2014/15 and FY 2015/16) for upgrading the Lincoln Road venue, including its infrastructure,
there is no master plan in place to provide an overall comprehensive plan or specifications for the use of the funds
• There is a lack of information in the City regarding the existing infrastructure; including specifications for the pumps for the
various water features and fountains, for the light fixtures, etc.
LINCOLN ROAD-AN HISTORICAL OVERVIEW
In 1914, a year before the "Town of Miami Beach" was incorporated, Lincoln Road was conceived of and built by Carl Fisher
(developer of the Indianapolis Speedway) to command the attention of America's industrial and social elite. Lincoln Road was
destined to become "The Fifth Avenue of the South". Fisher, who was often referred to as "the Father of Miami Beach", specifically
intended for the road to be the "high end" retail hinge of Miami Beach. Fisher's vision gave exceptional urbane credibility to the
otherwise small and fiedgling seaside resort community built on a sandbar. It not only brought visitors seeking the warmth of the
tropical sun but also wealthy new residents accustomed to the amenity of fine shopping and high profile promenading.
As a result of Fisher's early and extraordinary marketing skills, Lincoln Road, from the 1920s through the 1940s, attracted premier
retailers both large and small, including Bonwit Teller, Saks Fifth Avenue, Peck & Peck, Burdines, Wilma of New York, and Furs
dein-bacher of the Waldorf Astoria, just to name a few. In addition, it graciously accommodated the glassy and glamorous
showrooms for America's finest automobiles, including Cadillac, Fleetwood, LaSalle, Chrysler, and Lincoln -many of these
showrooms have been restored and adaptively reused today. The finest grand theaters and movie houses also flocked to Lincoln
Road, including the Beach Theater, Lincoln Theater, the Colony Theater, and later the Carib Theater.
In February of 1941, LIFE Magazine, summarized Lincoln Road as follows:
"Here in nine short blocks is an array of elegant shops which, in miniature, combines New York's Fifth Avenue, Chicago's Michigan
Boulevard, London's once-blessed Bond Street and Paris' once-precious Rue de Ia Paix. Its wide walkways are lined with the
windows of world-famous establishments .... "
During the 'teens' and 1920s, the architecture of the Road was characterized by the splendors and richness of the Mediterranean
Revival style, as may still be seen today in the Community Church built by Fisher in 1921, at the corner of Drexel Avenue, and the
fully recreated Bonwit Teller store, today the home of Victoria's Secret, at the corner of Jefferson Avenue. Following the Great
Hurricane of 1926, which destroyed much of the City's architecture, as well as the Great Market Crash of 1929, the style of Miami
Beach's architecture swung in a more modern and affordable direction, which would later become known as "Art Deco". This new
style reflected the hopes and aspirations of changing times and technological advancement in combination with the modern
interpretation of ancient aesthetic values. It was a Depression era architecture of great optimism and high spirit, as may be seen in
the fully restored Lincoln Theater Building, at the corner of Pennsylvania Avenue, and the streamlined Sterling Building, located
between Jefferson and Michigan Avenues.
In the decade immediately following World War II, however, the direction of development and design in Miami Beach swung once
again in a new direction. Two fabulous new hotels, the Fontainebleau and the Eden Roc, both designed by the brilliant architect,
Morris Lapidus, recalibrated the definition of modern hospitality and resort amenity to create what became known as full service
"American Plan" hotels. These grand new hostelries included their own high end retail shops, restaurants, cafes, and theaters, as
well as lavish landscaped grounds for promenading. Suddenly, there was no need for guests to leave their hotels to shop and
promenade on Lincoln Road-the lavish new hotels provided it all, plus the beach.
In the 1950s Lincoln Road went into steep decline. Many of the major retailers closed their doors and the Road became a shadow of
its former self, desperate for a reprieve. And so in 1957, the City forefathers and surviving Lincoln Road merchants sought the
guidance and wisdom of none other than architect, Morris Lapidus, to retrieve and expand upon the earlier vision of Carl Fisher for
the "Fifth Avenue of the South". In 1959, Mr. Lapidus proposed a plan to close eight blocks of Lincoln Road to vehicular traffic in
71 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD lb. -BEACH
36
order to create one of the nation's first open pedestrian retail malls. In justifying his proposal, Morris rightly proclaimed, "/designed
Lincoln Road for people; a car never bought anything." Mr. Lapidus further stated, '·Jt would become the showcase of the We stem
world ... one that might in itself attract over three million visitor-shoppers a year". And so when Lincoln Road reopened on November
27, 1960, it was transformed (albeit with modest budget), replacing the original asphalt traffic lanes with "sparkling fountains, long
sweeps of greenery, flowers, trees, and a series of spectacular exhibits': not to mention Morris Lapidus' iconic black and white piano-
key striping.
But the direction of both technology and American travel trends continued to evolve dramatically after the World War, causing the
Road to falter once again in the 1970s. The advent of the Boeing 707 Jetliner late in the 1950s ushered in the hugely impactful new
"Jet Age". As jet travel became safe, affordable, and convenient, American travelers largely abandoned Florida's tropical resorts for
the more distant but now easily accessible shores of the Mediterranean as well as Acapulco, to mention but a few new destinations.
The fine shops and pleasant promenade of Lincoln Road alone could, no longer, compete.
During the 1970s, the 1980s, and into the early 1990s, much of South Florida's economy languished in a deep economic slowdown.
Then, on May 14, 1979, the Keeper of the National Register, in Washington, D.C., listed the Miami Beach Architectural District
(affectionately known today as the "Art Deco District") on the National Register of Historic Places, inclusive of Lincoln Road, bringing
new national focus to the seaside community built on a sandbar. By 1992, the City of Miami Beach created the locally designated
Flamingo Park Historic District, also inclusive of Lincoln Road. This ensured the first legal protection of historic structures on Lincoln
Road from wholesale demolition, which would later include the protection of Morris Lapidus' iconic mall structures and features as
well.
As high end retailers were leaving the Road during this 70s and 80s, two contrasting things began to happen. While many of the
vacant stores were re-occupied by steel gated electronics and souvenir shops with garish lights and bawdy advertising others were
acquired and occupied by local artists and art galleries who moved in to try to sustain and foster pedestrian activity and cultural
vitality on the Road. The most preeminent of the art groups was the Art Center South Florida (ACSF), which purchased three Lincoln
Road properties in 1984 to create affordable studio and gallery spaces for young artists (ACSF still owns and operates two of these
properties - a great cultural asset to the Road). These artists and the few remaining long time retail merchants who were able to
hang on, were the true heroes who carried Lincoln Road through its darkest decades. So great had become the decline of Lincoln
Road during this period that in 1984 a bond issue was put on the ballot to reopen the Road to four lanes of traffic plus two parking
lanes. Fortuitously, the bond issue failed at the polls but consideration of reopening the Road to traffic persisted beyond 1992, even
as the Flamingo Park Historic District was expanded northward to embrace and protect eight blocks of the Road from wholesale
demolition.
While the reopening of Lincoln Road to vehicular traffic seems almost inconceivable today, this fate was largely averted by the
formation of the Lincoln Road Task Force, in 1992, an offshoot of the Miami Beach (Community) Development Corporation, with a
view toward enhancing the Road for commercial and cultural development. The keen focus of the Task Force triggered the creation
of its successor entity, the Lincoln Road Partnership (a partnership between the Lincoln Road merchants/property owners/cultural
institutions/local citizens, and the City) with the same goal in mind. Two years later, as result of the work of the Partnership, the City
provided $11.7 million in construction funds for enhancing the Road along with the creation of a special tax assessment district of
affected Lincoln Road properties to raise an additional $4.5 million in funding, for a total of $16.2 million for design services and
appropriate new construction.
A design competition for the Lincoln Road "renovation project" resulted in the selection of lead architect, Ben Wood of Miami
(designer of Bayside), in 1995, who brought on board with him Hiroshi Hara of Tokyo, to design expanded shade canopy structures
in the spirit of Lapidus; landscape architect, Martha Schwartz of Cambridge, Mass., to dramatically enhance the landscape and
natural tree canopy of the Road, and; Carlos Zapata, architect from Miami, to further develop and enhance a pedestrian friendly
modern design palette conducive to relaxed shopping, promenading, dining out-of-doors, and people watching. The philosophy of
Wood's team was to preserve as much of Morris Lapidus' 1959 vision as possible while proceeding even further with pedestrian
amenities, new infrastructure, fountains, and landscaping well beyond what Lapidus was able to do with his very limited 1959 budget.
Simultaneously, the City strongly encouraged the intelligent adaptive reuse and detailed restoration of Lincoln Road's extraordinary
collection of original architecture which spanned six decades and several major architectural styles, along with the creation of
extraordinary new infill architecture such as the Regal Cinema and 1111 Lincoln Road building.
The cumulative result of these decisive mid-1990s actions, when viewed over the past seventeen years, has been nothing short of
breath-taking, placing Lincoln Road on the leading edge of pedestrian retail/dining/promenading/cultural venues worldwide, and
bringing back a quality of retail investment and architectural design to the Road that had not been seen for four decades. The most
recent major examples of this revitalization and resurgence include the reopening of the 11 00 Block of Lincoln Road for pedestrians
only and the creation of a highly unique "urban glade", incorporating native Florida Cypress trees in fresh water pools stocked with
81 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G J\1\LA./1/d BEACH
37
live fish, all set amidst the expansion of Morris Lapidus' black and white 'piano key' striping across the breadth of the former Road.
In parallel to this public investment is the private investment in the design of the new 1111 Lincoln Road garage and commercial
building by internationally acclaimed Swiss architects, Herzog & de Meuron, designers of the "Birds Nest" arena for the Beijing
Olympics. Adjacent to the opposite end of Lincoln Road was the simultaneous design and construction of the New World Center,
commissioned by the New World Symphony, and Pennsylvania Avenue Garage, commissioned by the City and both designed by
renowned American architect, Frank Gehry Partners of Los Angeles.
In October of 2013, the Historic Preservation Board approved the City's proposal to redevelop the Euclid Avenue street end, between
Lincoln Lane South and Lincoln Road (immediately south of the "Euclid Oval") as a fully landscaped enhanced pedestrian expansion
of the main Road. This project was designed to better distribute heavy pedestrians loads on the main Road by providing a very high
level of public amenity conveniently accessed by foot or by vehicle drop off. The unique design builds upon Morris Lapidus' 1959
open air mall vision.
Time and history have proven that the urban success of Lincoln Road is highly dependent upon creating and maintaining a critical
balance of energizing uses -retail, outdoor cafes, fine dining, cultural amenity, and joyful promenading along a tree shaded
corridors, in tandem with exceptional adaptive reuse and restoration of historic structures simultaneous with the creation of brilliant
new design at a world class level. If any one of these decisive factors is undervalued or undermined the Road could once again slip
back into commercial and cultural decline as witnessed in the 1950s and the 1970s, 80s, and early 90s.
Source: W. Cary
Assistant Director-Planning Department
October 29, 2013
B. SOLICITATION TIMETABLE
The tentative schedule for this Solicitation is as follows:
Solicitation Issued
Pre-Proposal Meeting
Deadline for Receipt of Questions
Proposals Due
Evaluation Committee Review
Tentative Commission Approval Authorizing Negotiations
Contract Negotiations
C. PROPOSAL SUBMISSION DUE DATE
January 16, 2014
January 28, 2014 @ 10:00 AM
February 7, 2014
February 18, 2014
TBD
TBD
TBD
An original and five (5) copies of complete Proposals, and one electronic copy (CD or flash drive), must be received no later than
3:00p.m. on the dated stated in Section 1(B), at the following address:
City of Miami Beach City Hall
Procurement Division •• Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly
noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be
considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME
AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
91 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (9. ;\;\I/\.MI BEACH
38
ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED.
PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE
CONSIDERED.
D. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(B) at 10:00 a.m. at the following address:
City of Miami Beach City Hall-4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive,
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory.
Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
E. CONTACT INFORMATION
Contact:
Sandra M. Rico
Telephone:
305-673-7000 ext. 6230
Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or
e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy
to the City Clerk's Office at RafaeiGranado@miamibeachfl.gov, no later than the date specified in the RFQ timetable.
F. RESPONSE TO QUESTIONS & ADDENDUM TO RFQ
The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written
addenda issued prior to the deadline for responding to the RFQ. Proposers should not rely on representations, statements, or
explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. Proposers
should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received.
G. METHOD OF AWARD
Pursuant to FS 287.055, the City shall first consider the qualifications of firms through the process outlined in Section V,
Evaluation of Proposals. The ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the
City Manager who may recommend to the City Commission the proposer(s) slhe deems to be in the best interest of the City or may
recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract
The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City
Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it
deems to be in the best interest of the City, or it may also reject all Proposals. Following the final approval of ranking of qualified
firms by the City Commission, the City shall attempt to negotiate mutually agreement with the top-ranked firm; and, if
unsuccessful, will attempt to negotiate mutual agreement with second-ranked and third-ranked firms (as available), in
order of rank.
10 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ i\;\IA:\1\I BEACH
39
H. CONE OF SILENCE
Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral
communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff;
or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation
Committee members, is prohibited.
I. MODIFICATION/WITHDRAWALS OF PROPOSALS
A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due
date and time. Modifications received after the Proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of
120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due
date and before said expiration date, and letters of withdrawal received after contract award will not be considered.
J. RFQ POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFQ;
postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any Proposals received as a result of
this RFQ.
K. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the
sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City.
L. EXCEPTIONS TO RFQ
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative
is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its
sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and
alternatives are rejected, the City shall require the Proposer to comply with the particular term andfor condition of the RFQ to which
Proposer took exception to (as said term and/or condition was originally set forth on the RFQ).
M. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted
therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State
Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals,
whichever is earlier.
N. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in
no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is
also understood and acknowledged by Proposers that by submitting a Proposal, no properly interest or legal right of any kind shall
be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties.
0. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings
established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the
City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred.
P. OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the
scope of services andfor project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII
of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of
the Proposer will in no way relieve it from responsibility for compliance.
11 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ ;\/\!MV\1 BEACH
40
Q. DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or
untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety
required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City
and may be grounds for removing the Proposer from the City's vendor list.
R. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name{s) of any officer, director, agent, or immediate family member {spouse,
parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any
City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its
affiliates.
S. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and
examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract
Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not
relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will
not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
T. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an
independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any
circumstances, be considered employees or agents of the City.
U. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
V. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely
responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance.
W. CONE OF SILENCE
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as
codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the
City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering
their Proposal voidable, in the event of such non-compliance.
X. DEBARMENT ORDINANCE
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted
pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code).
Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as
codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable
provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
Z. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt
of request.
121 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD tn ........ BEACH
41
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,
among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
AA. AMERICAN WITH DISABILITIES ACT (ADA)
Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or
information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works
Department, at 305-673-7000, Extension 2984.
88. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the
purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City
shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
SECTION II -MINIMUM QUALIFICATIONS & REQUIREMENTS
Proposer shall have completed no less than three (3) projects of similar size, scope, and volume within the last seven (7) years
For joint ventures or team proposals, proposals must include a prime proposer. Prime proposer must demonstrate prior working
experience with each team firm.
SECTION Ill-SCOPE OF SERVICES
Undertake a master planning process for Lincoln Road improvements so that it is complete by FY 2014/15 when funding becomes
available, the scope of which will cover the area from 17th Street to Lincoln Road South and from West Avenue to Collins Avenue,
inclusive of Lincoln Lane, North Lincoln Lane, and side streets south to Lincoln Lane and north to Lincoln Road North.
The master planning process will include facilities and infrastructure assessment, a historical overlay assessment, and a conceptual
master plan, all of which would interface to the City's Geographic Information System {GIS}. The facilities and infrastructure
assessment components will help the City determine the condition and required replacement cycles of both above and below ground
facilities and infrastructure components of the Lincoln Road mall. The inclusion of these ccmponents in the master planning process
will assure that identified deficiencies are included in future improvements, resulting in greater accuracy of capital resource
requirements and predictability of future maintenance expenses.
In addition, the scope would include coordination and integration of improvements with the City Center 98 Basis Of Design Report
(BOOR) {see attached map) and any approved program for the Miami Beach Convention Center Renovation and Expansion project,
as well as an evaluation of any impacts to the surrounding residential areas.
Following City Commission selection of the Proposer, the selected Proposer will work with the City Commission and well as solicit
input through community outreach with property owners and community members to develop the master plan component of the
project. The master plan must include the following:
1. Infrastructure Assessment and Condition report, including;
a. Infrastructure Assessment. Evaluation of existing infrastructure (above and underground) of each major infrastructure
system on the mall, to include lighting, electrical, drainage, irrigation, utilities, etc., including a projection of remaining
useful life expectancy and replacement cost estimates.
b. Condition Assessment. Evaluation of the condition of each major component on the mall, to include historical features,
artwork, hardscape surfaces, water features, wayfinding signage, ADA accessibility, etc ..
c. Recommendations to improve the condition of each of these assessed components and to minimize future
maintenance needs (For example: alternative treatments for the "piano keys" -black and white stripes along the
middle surface of Lincoln Road -are anticipated to be recommended)
2. Master Plan. The Master Plan shall address in detail, at a minimum, the following elements.
a. Vision.
b. Conservation of Historical Elements.
c. Infrastructure Improvements to address the findings of the Condition and Infrastructure Assessment, including
prioritized replacement schedules and specifications for all major systems and equipment.
131 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ce NilANd BEACH
42
d. Conceptual Land Use Plan, including dining zones, open space and park elements,
e. Accessibility Plan, including vehicular and pedestrian circulation and access to/from surrounding areas and parking
zones, bicycle accessibility and storage, and ADA accessibility requirements. Future public transit access points
should be addressed.
f. Aestlletic Standards I Design Guidelines for all hardscape, streetscape, lighting, wayfinding signage, outdoor
furniture, etc.
g. Environmental Sustainability Standards.
h. Conceptual plans, diagrams, and illustrative details that incorporate all Master Plan elements.
SECTION IV-PROPOSAL FORMAT
In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals it is
strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard
copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references.
TAB 1
Tab 1.1: Cover Page and Table of Contents
Tab 1.2: Executive Summary. Provide a brief summary of no more than two pages describing the basic services offered,
experience and qualifications of the Proposer, staff, sub Proposers or sub consultants and any other relevant information.
Tab 1.3: Response to Section ll -Minimum Qualifications & Requirements. In accordance with the minimum qualifications
established in Section II, submit verifiable information to document each of the minimum qualification requirements. Minimum
qualification requirements will be evaluated by the Evaluation Committee. All information necessary for the committee to evaluate
compliance with the established minimum qualification requirements must be contained in the proposal submitted, or submitted
within two {2) days of request by the City. Failure to submit information in sufficient detail or tile inability or denial expressed in a
proposal to offer solutions or an explanation to the requirements of this section may result in proposal rejection or in deductions
of the allocation of points by Evaluation Committee members under the evaluation criteria.
Proposals not deemed to be in compliance with the minimum qualification requirements shall not be further
considered.
TAB2 • erience & Qualifications
Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed
herein.
Tab 2.1: Firm History & Prior Experience: Submit detailed information regarding the firm's history and relevant experience,
including but not limited to:
• Documentable, proven track record of providing the scope of services similar as identified in this solicitation.
• Experience in providing similar scope of services to public sector agencies
Tab 2.2: Qualifications of Proposer Team: Provide an organizational chart of all personnel and consultants to be used for this
project if awarded, the role that each team member will play in providing the services detailed herein and each team members'
qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be
included for each Proposal team member to be assigned to this contract
Tab 2.3: Financial Capacity:. The prospective Provider shall pay Dun & Bradstreet (D&B) to send the Supplier Qualifier Report
(SQR) to the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report
shall be the responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696
In addition to the SQR, the City reserves the right to require additional information to determine financial capability including
latest annual reviewed/audited financial statements with the auditor's notes for each of their last two complete fiscal years within
ten (10) calendar days, upon written request Such statements should include, as a minimum, balance sheets (statements of
financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each
team member involved in the co-venture must submit financial statements as indicated above.
Tab 2.4: Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and
executed.
141 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD G ;\;\1/\Mi BEACH
43
TAB3 Scope of Services
Utilizing the following guiding principles, provide a detailed response detailing the proposed scope of services for each of the
elements, as detailed in Section Ill, of the 1) Condition and Infrastructure Assessment; and 2) Master Plan.
Guiding Principles:
1. Maintain historical integrity of Lincoln Road infrastructure
2. Maximize the return on every public dollar invested in public infrastructure and facilities.
3. Minimize the economic, health, safety and environmental risks to our community in making those investments.
TAB3 • proach and Methodolo
Tab 3.1: Submit detailed information on approach and methodology to data collection, community input and public information,
project development, project timeline, and any other factor that may impact the successful completion of each project that may
result.
Tab 3.2: Submit a detailed project construction phasing plan.
SECTION V-EVALUATION I SELECTION PROCESS
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal
in accordance with the requirements set forth in this Solicitation. If further information is desired, Proposers may be
requested to make additional written submissions and/or oral presentations to the Evaluation Committee. The evaluation of
proposals will proceed in a two-step process.
2. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second
step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the
Department of Procurement Management.
3.
Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance
with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may:
a. Review and score all proposals received, with or without conducting interview sessions; or
b. Review all proposals received and short-list one or more proposers to be further considered during subsequent
interview session(s) (using the same criteria).
Step 1 -Qualitative Criteria Maximum Points
Proposer Experience and Qualifications
Scope of Services
Approach and Methodology
35
35
30
TOTAL AVAILABLE STEP 1 POINTS 100
Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be
added by the Department of Procurement Management to those points earned in Step 1, as follows.
' Step 2-Quantitative Criteria ( Local and Veterans Preference)
Miami Beach-Based Vendor
Veterans and State-Certified Service-Disabled Veteran
Business Enterprises
5
5
TOTAL AVAILABLE STEP 2 POINTS 10
151 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ('9 J\1\L.i\MI BEACH
44
Method of Award. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation
committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in
accordance with the example below:
Low Aggregate Score 3 7 8
Final Ranking** 1 2 3
• Step 2 Points calculated by Department of Procurement Management.
.. Final Ranking is presented to the City Manager for further due diligence and recommendation to
the City Commission. Final Ranking does not constitute an award recommendation until such time
as the City Manager has made his recommendation to the City Commission.
Balance of Page Intentionally Left Blank
161 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD (,& MIAlld BEACH
45
SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability,
Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice
to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
JRD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
171 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD & -BEACH
46
SECTION VII-GENERAL CONDITIONS
1. GENERAL TERMS AND CONDITIONS. It is the responsibility of the
Proposer to become thoroughly familiar with the Proposal requirements,
terms and conditions of this solicitation. Ignorance by the Proposer of
oonditions that exist or that may exist will not be accepted as a basis for
varying the requirements of the City, or the compensation to be paid to the
Proposer,
2. DEFINITIONS. The following words, terms and phrases, when used, shall
have the meanings ascribed to them except where the context clearly
indicates a different meaning
a. Proposal -shall refer to any offer{s) submitted in response to this
solicitation.
b, Proposer /Contractor/Offeror-Any individual, firm, or corporation
submitting a proposal for this Project acting directy or through a
duly authorized representative.
c. Proposal Solicitation -shall mean this solicitation documentation,
including any and all addenda.
d. Proposal Submittal Form-defines the requirement of items to be
purchased, and must be completed and submitted with Proposal.
The Proposer should indicate its name in the appropriate space on
each page.
e. City-shall refer to City of Miami Beach, Florida
f. City Commission -City Commission shall mean the governing and
legislative body of the City.
g. City Manager-City Manager shall mean the Chief Administrative
Officer of the City.
h. Comparable Facility - A facility that, when considering size, use,
revenue, and other applicable criteria, is similar to the M1ami Beach
Convention Center (MBCC) which includes 1.2 million gross square
foot facility averaging a minimum of $6 million in annual gross food
and beverage sales.
Controlling Financial Interest -means the ownership, directly or
indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm.
j. Domestic Partner: The term Domestic Partner shall mean any two
{2) adults of the same or opposite sex, who have registered as
domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners.
A Contractor may institute an internal registry to allow for the
provision of equal benefits to employees with domestic partner who
do not register their partnerships pursuant to a governmental body
authorizing such registration, or who are located in a jurisdiction
where no such governmental domestic partnership exists.
k. Enrolled Vendor-shall refer to a firm that has completed the City
of Miami Beach Pre-Qualification process and has satsfied all
requirements to enter into a business agreement with the City.
Evaluation Committee • A committee of individuals appointed by
the City Manager that may include City personnel, residents,
industry experts and other individuals whose purpose is to evaluate
the proposals received in response to this RFQ and who may make
a non-binding recommendation to the City Manager on the selection
of a short-list of proposer {s) who the City Manager, at his or her
discretion, may present to the City Commission for consideration
and, if approved by the City Commission, who may be further
considered during the contract negotiation phase.
m. Firm -means a corporation, partnership, business trust or any legal
entity other than a natural person.
n. Negotiation Team - A committee of individuals appointed by the
City Manager that may include City personnel, residents, industry
experts and other individuals whose purpose is to negotiate a
contract after City Commission has approved a short-list of
proposer (s), and who may make a non-binding reoommendation to
the City Manager on the selection of short-listed proposer (s) who
the City Manager, at his or her discretion, may present to the City
Commission for consideration and final award.
0. Successful Proposer -shall mean the Proposer (s) recommended for
award.
p,
q,
r.
S.
3.
4.
5.
6.
7.
8.
9.
Term Applicant -shall mean an individual, partnership, or oorporation,
which submits an application in response to this solicitation.
Responsible Proposer : A proposer who is qualified, as determined by
the City, on the basis of the following criteria:
Whether the proposer can perform the contract within the time
specified, without delay or interference.
• The character. integrity, reputation, judgment, experience and
efficiency of the proposer.
The quality of performance of previous contracts.
• The previous and existing compliance by the proposer with laws
and ordinances relating to the contract.
Responsive Proposer • 8. proposer whose submittal is determined by
the City to be in conformance with the oondilions, requirements, and
specifications detailed in the specifications.
Vendor - a person and/or entity, which has been selected by the City as
the successful proposer on a present or pending proposal for goods,
equipment or serv1ces, or has been approved by the City on a present or
pending award for goods, equipment or services, prior to or upon
execution of a contract, purchase order or standing order.
For additional information about on-line vendor enrollment or vendor
pre-qualification, please contact Procurement at 1700 Convention
Center Drive, Miami Beach, FL 33139; Phone 305-673-7490. Or email:
procurement@miamibeachfl.gov VendOr'$ can register with the City
by going to the website: wv.w.miamibeachfl.gov and click on
Procurement under City Departments.
PRICES QUOTED. Deduct trade discounts and quote firm net prices.
Give both unit price and extended total, when requested. Prices must be
stated in units of quantity specified in the proposalding specifications. In
case of discrepancy in computing the amount of the proposal, the UNIT
PRICE quoted will govern. All prices must be F.O.B. destination, freight
prepaid (unless otherwise stated in Special Conditions). Discounts for
prompt payment; The Proposer may offer cash discounts for prompt
payments; however, such discounts will not be considered in determining
the lowest price during proposal evaluation. Proposers are requested to
provide prompt payment terms in the space provided on the Proposal
submittal signature page of the solicitation. Award, if made, will be in
accordance with terms and conditions stated herein. Each item rnust be
proposal separately, and no attempt is to be made to tie any item or items
in with any other item or items. Cash or quantity discounts offered will not
be a consideration in determination of award of proposal(s).
TAXES. The City of Miami Beach is exempt from all Federal Excise and
State taxes.
MISTAKES. Proposer s are expected to examine the specifications.
delivery schedules, proposal prices, and extensions. and all instructions
pertaining to supplies and services. Failure to do so will be at the
proposer's risk and may result in the proposal being non-responsive
CONDITION AND PACKAGING. Proposer guarantees items offered and
delivered to be the current standard production model at time of proposal
and shall offer expiration dating of at least one year or later. Proposer
also guarantees items offered and delivered to be new, unused, and free
from any and all defects in material, packaging and workmanship and
agrees to replace defective items promptly at no charge to the City of
Miami Beach, for the manufacturer's standard warranty but in no case for
a period of less than 12 months from date of acceptance. All containers
shall be suitable for storage or shipment, and all prices shall include
standard commercial packaging.
UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the
Proposal, all manufactured items and fabricated assemblies shall be U.L.
listed or re-examination listing where such has been established by UL
for the ilem(s) offered and furnished.
CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City
Commission reserves the right to waive any informalities or irregularities in
this Proposal; or to reject all proposals, or any part of any proposal. as it
deems necessary and in the best interest of the City of Miami Beach.
EQUIVALENTS. If a proposer offers makes of equipment or brands of
181 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD <9 tV\If\MI BEACH
47
supplies other than those specified in the Proposal specifie<Jtions, he must
so indicate in his proposal Specific article(s) of equipmenVsupplies shall
conform in quality, design and construction with all published claims of the
manufacturer.
10. The proposer shall indicate in the Proposal Form the manufacturer's name
and number if proposing other than the specified brands, and shall
1ndie<Jte ANY deviation from the specifie<Jtions as listed in the Proposal.
Other than specified items offered requires complete descriptive technical
literature marked to indicate detailed confomnance with specifie<Jtions, and
MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL
BE CONSIDERED WITHOUT THIS INFORMATION.
11. lacking any written indication of intent to quote an alternate brand or
model number, the proposal will be considered as a proposal in complete
compliance with the Proposal specifie<Jtions.
12. Note as to Brand Names: Catalog numbers, manufacturers' and brand
names, when listed, are infomnational guides as to a standard of
acceptable product quality level only and should not be construed as an
endorsement or a product limitation of recognized and legitimate
manufacturers. Proposer s shall fomnally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the
specifications.
13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this
solicitation that before, during, and after a public emergency, disaster,
hurricane, tornado, flood, or other acts of force majeure that the City of
Miami Beach, Florida shall receive a "First Priority" for any goods and
services covered under any award resulting from this solicitation, including
balance of line items as applicable. It is vital and imperative that the
majority of citizens are protected from any emergency situation that
threatens public health and safety, as determined by the City. By virtue of
submitting a response to this solicitation, vendor agrees to provide all
award-related goods and services to the City on a "first priority" under the
emergency conditions noted above.
14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be
tested for compliance with specifications. Items delivered, not confomning
to specifications, may be rejected and returned at the proposer 's
expense. These items, as well as items not delivered as per delivery date
in proposal and/or purchase order, may be purchased by the City, at its
discretion, on the open market. Any increase in cost may be charged
against the proposer . Any violation of these stipulations may also result
in the proposer's name being removed from the City's vendor list.
15. PRODUCT INFORMATION. Product literature, specifie<Jtions, and
technical information, including Manufacturer's Safety Data Sheets
(MSDS) should be provided with this proposal as an attachment to the
'PROPOSAL FORM" However, in all cases must be provided within five
(5) calendar days upon request from Purchasing Agent.
16. SAMPLES. Proposals submitted as an 'equal" product must be
accompanied with detailed specifications. Samples of items, when
required, must be furnished free of expense and, if not destroyed, will,
upon request. be returned at the proposer's expense. Proposer s will be
responsible for the removal of all samples furnished within (30) days after
proposal opening. All samples will be disposed of after thirty (30) days.
Each individual sample must be labeled with the proposer 's name.
Failure of the proposer to either del1ver reqUired samples, or to cleany
identify samples may be reason for rejection of the proposal. Unless
otherwise indicated, samples should be delivered to the Procurement
Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
17. DELIVERY. Unless actual date of delivery is spec~ied (or if specified
delivery cannot be met), show number of days (in calendar days) required
to make delivery after receipt of purchase order, in space provided.
Delivery time may become a basis for making an award. Delivery shall be
within the nomnal working hours of the City using Department. Monday
through Friday, excluding holidays. Receiving hours are Monday through
Friday, excluding holidays, from 8:30A.M. to 5:00P.M.
18. INTERPRETATIONS. Any questions concerning the Proposal conditions
and specifications should be submitted, in writing, to the City's
Department of Procurement Managemenl (DPM) 1700 Convention Center
Drive, Miami Beach, FL 33139.orfacsimile: 786-394-4075.
19. LATE SUBMISSION. All proposals received after the date, time, and
place specified in the Proposal, will be returned to the proposer
unopened, and will not be considered. The responsibility for submitting
proposals before the stated time and date is solely the responsibility of the
proposer . The City will not be responsible for delays caused by mail,
courier service, or any other entity or occurrence. Facsimile, electronic, or
e-mailed proposals will not be accepted.
20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will
be at destination, unless otherwise provided. Title to (or risk of loss or
damage to) all items shall be the responsibility of the successful proposer
until acceptance by the City, unless loss or damage results from the gross
negligence or willful misconduct of the City.
21. If any equipment or supplies supplied to the City are found to be defective,
or do not confomn to the specifications, the City reserves the right to
cancel the order upon written notice to the seller, and return the product,
at the proposer's expense.
22. PAYMENT. Payment will be made by the City after the items have been
received, inspected, and found to comply with Proposal specifications,
free of damage or defect, and properly invoiced.
23. DISPUTES. In case of any doubt or difference of opinion as to the items
and/or services (as the case may be) to be furnished hereunder, the
decision of the City shall be final and binding on all parties.
24. LEGAL REQUIREMENTS. The proposer shall be required to comply with
all federal, State of Florida, Miami-Dade County, and City of Miami Beach
codes, laws, ordinances, and/or rules and regulations that in any manner
affect the items covered herein (collectively, Applicable laws). Lack of
knowledge or ignorance by the proposer with/of Applicable Laws will in no
way be a cause for relief from responsibility.
25. PATENTS & ROYALTIES. The proposer shall indemnify and save
hamnless the City of Miami Beach, Florida, and its officers, employees,
contractors, and/or agents, from liability of any nature or kind, Including
cost and expenses for, or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the
perfomnance of the contract including its use by the City of M1ami Beach,
Florida. If the proposer uses any design, device or materials covered by
letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the proposal prices shall include all royalties or cost arising
from the use of such design, device, or materials in any way involved in
the work.
26. OSHA. The proposer warrants to the City that any work, services,
supplies, materials or equipment supplied pursuant to this Proposal shall
conform in all respects to the standards set forth in the Occupational
Safety and Health Act of 1970, as amended, and the failure to comply with
til is condition will be deemed breach of contract. Any fines levied because
of inadequacies to comply with this condition shall be borne solely by the
proposer.
27 MANNER OF PERFORMANCE. Proposer agrees to perform its duties
and obligations in a professional manner and in accordance with all
applicable Local, State, County, and Federal laws, rules, regulations and
codes. Proposer agrees that the services provided shall be provided by
employees that are educated, trained, experienced, certified, and licensed
in all areas encompassed within their designated duties. Proposer
agrees to furnish to the City any and all documentation, certification,
authorization, license, permit, or registration currently required by
applicable laws, rules, and regulations. Proposer further certifies that it
and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations
in full force and effect during the term of this contract. Failure of
proposer to comply with this paragraph shall constitute a material breach
of this contract.
28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary
from these General Terms and Conditions shall have precedence.
191 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e i•/\l,~,i\'~.: BEACH
48
29. ANTI-DISCRIMINATION. The proposer certifies that helshe is in
compliance with the non-discrimination clause contained in Section 202,
Executive Order 11246, as amended by Executive Order 11375, relative
to equal employment opportunity for all persons without regard to race,
color, religion, sex or national origin.
30 AMERICAN WITH DISABILITIES ACT. To request this material in
accessible format, sign language interpreters, infomration on access for
persons with disabilities, and/or any accommodation to review any
document or participate in any city-sponsored proceeding, please contact
305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five
days in advance to initiate your request TTY users may also call 711
(Florida Relay Service).
31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposers
are required to enter or go on to City of Miami Beach property to deliver
materials or perform work or services as a result of the Proposal, the
proposer will assume the lull duty, obligation and expense of obtaining all
necessary licenses, permits, and insurance, and assure all work complies
with all Applicable Laws. The proposer shall be liable for any damages or
loss to the City occasioned by negligence of the proposer , or his/her
officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws.
32. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF
INSURANCE. Proposal Bonds. when required, shall be submitted with the
proposal in the amount specified in the Special Conditions. After
acceptance of the proposal, the City Will notify the successful proposer to
submit a performance bond and certificate of insunance in the amount
specified in the Special Conditions.
33. DEFAULT. Failure or refusal of a proposer to execute a contract upon
award, or withdrawal of a proposal before such award is made, may result
in forfeiture of that portion of any proposal surety required as liquidated
damages incurred by the City thereby; or, where surety is not required,
failure to execute a contract as described above may be grounds for
removing the proposer from the City's proposers list
34. CANCELLATION. In the event any of the provisions of this Proposal are
violated by the proposer , the City shall give written noUce to the proposer
stating such deficiencies and, unless such deficiencies are corrected
within ten (10) calendar days from the date of the City's notice, the City,
through its City Manager, may declare the contract in default and
terminate same, without further notice required to the proposer .
Notwithstanding the preceding, the City, through its City Manager, also
reserves the right to terminate the contract at any time and for any reason,
without cause and for convenience, and without any monetary liability to
the City, upon the giving of thirty (30) days prior written notice to the
proposer.
35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must
show purchase order numbers and shall be submitted to the ordering City
department.
36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of
any kind. The proposer is expected to furnish the brand quoted in its
proposal. Any substitute shipments will be returned at the proposer 's
expense.
37. FACILITIES. The City, through its City Manager or his/her authorized
designee, reserves the right to inspect the proposer 's facilities at any
time, upon reasonable prior written or verbal notice.
38. PROTEST. In the event a prospective proposer wishes to protest any part
of the General Conditions, Special Conditions and/or Technical
Specifications contained in this it must file a notice of protest in writing to
the Procurement Director, with a copy to the City Clerk, at least ten (10)
business days prior to the Proposal opening date and hour specified in the
solicitation. Any. proposer , who has a substantial interest in, and is
aggrieved in connection with the solicitation or proposed award may
protest to the City Manager or his or her designee anytime until two (2)
business days following the release of the City Managets written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet. for award of the proposal
in question in accordance with City of Miami Beach Ordinance No. 2002·
3344, which establishes procedures for proposal protests and which can
be found on the Procurement website. Failure to file a t1mely not1ce of
protest will constitute a waiver of proceedings.
39 CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If
a proposer is in doubt as to the true meaning of the Proposal
specifications, or other Proposal documents, or any part thereof, the
proposer must submit to the City, at least ten (10) calendar days prior to
the scheduled Proposal opening date, a request for clarification. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
40 Any interpretation of the Proposal, including, Without limitation, responses
to questions and request for clalification(s) from proposers, will be made
only by Addendum duly issued by the City. In the event of conflict with the
original specifications, the Addendum shall supersede such specifications,
to the extent specified. Subsequent Addendum shall govem over prior
Addendum only to the extent specified. The proposer shall be required to
acknowledge receipt of any and all Addendum, and filling in and signing in
the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure
to acknowledge Addendum may deem a proposal non-responsive.
41. The City will not be responsible for explanations, interpretations, or
answers to questions made verbally or in writing by any City
representative, unless issued by the City via formal written Addendum to
this Proposal.
42. Any questions or clalifications concerning the Proposal shall be submitted
in writing to the Department of Procurement Management (DPM) 1700
Convention Center Drive, Miami Beach, Fl33139 with a copy to the City
Clerk
43. DEMONSTRATION OF COMPETENCY.
44. Pre-award inspection of the proposer's facility may be made prior to the
award of contract.
45. Proposals will only be considered from firms which are regularly engaged
in the business of providing the goods and/or services as described in this
Proposal.
46. Proposers must be able to demonstrate a good record of performance for
a reasonable period of time, and have sufficient financial capacity,
equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this
Proposal.
47. The terms "equipment and organization", as used herein shall, be
constnued to mean a fully equipped and well established company in line
with the best business practices in the industry, and as determined by the
City of Miami Beach.
48. The City may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a proposer , including
past performance (experience), in making an award that is in the best
interest of the City.
49. The City may require proposer s to show proof that they have been
designated as authorized representatives of a manufacturer or supplier,
which is the actual source of supply. In these instances, the City may also
require material infomration from the source of supply regarding the
quality, packaging, and characteristics of the products to be supply to the
City. Any material conflicts betNeen information provided by the source of
supply and the infomration contained in the proposer 's proposal may
render the proposal non-responsive.
50. The City may, during the period that the contract between the City and I he
successful proposer is in force, re¥iew the successful proposer's record
of performance to ensure that the proposer is continuing to provide
sufficient financial support, equipment, and organization as prescribed in
this proposal. lnrespective of the proposer 's performance on contracts
awarded to it by the City, the City may place said contracts on
probationary status and implement temnination procedures if the City
detemrines that the successful proposer no longer possesses the
financial support, equipment, and organization which would have been
necessary dunng the proposal evaluation period in order to comply with
the demonstration of competency required under this subsection.
20 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ Ml ;\[v\1 BEACH
49
51. DETERMINATION OF AWARD. Unless otheiWise stated in the Special
Conditions, The City Commission shall award the proposal to the lowest
and best proposer . In determining the lowest and best proposer . in
addition to price, there shall be considered the following:
a. The ability, capacity and skill of the proposer to perform the
contract
b. Whether the proposer can perform the contract within the time
specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience and
efficiency of the proposer.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the proposer with
Applicable Laws relating to the contract.
52. ASSIGNMENT. The successful proposer shall not assign, transfer,
convey, sublet or otheiWise dispose of the contract, including any or all of
its right, title or interest therein, or his/her or its power to execute such
contract, to any person. company or corporation, without the prior written
consent of the City.
53 LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and
pay for all licenses, pennits, and inspection fees required under the
contract: and shall comply with all Applicable Laws.
54. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in
agreement. other units of government or non-profit agencies may
participate in purchases pursuant to the award of this contract at the
option of the unit of go~ernment or non-profit agency.
55. SPOT MARKET PURCHASES. It is the intent of the City to purchase the
items specifically listed in this Proposal from the successful proposer.
However, the City reserves the right to purchase the items from state or
other governmental ccntract, or on an as-needed basis through the City's
spot market purchase pro~isions.
56. ELIMINATION FROM CONSIDERATION. This proposal shall not be
awanced to any person or firm who is in arrears to the City upon any debt,
taxes. or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if
provided, are for City guidance only. No guarantee is expressed or implied
as to quantities or dollars that will be used during the contract period. The
City is not obligated to place any order for a given amount subsequent to
the award of this Proposal. Estimates are based upon the City's actual
needs and/or usage during a previous contract period. The City may use
said est1mates for purposes of determining whether the low proposer
meets specifications.
58 COLLUSION. Where two (2) or more related parties each submit a
proposal or proposals for any contract, such proposals or proposals shall
be presumed to be collusive. The foregoing presumption may be
rebutted by presentaUon of evidence as to the extent of ownership, control
and management of such related parties in the preparation and submittal
of such proposal or proposals. "Related parties' means proposers or the
principals thereof which have a direct or indirect ownership interest in
another proposer for the same contract, or in which a parent company or
the principals thereof of one (1) proposer have a direct or indirect
ownership interest in another proposer for the same contract. Proposal or
proposals found to be collusive shall be rejected.
59. Proposer s who have been found to have engaged in collusion may also
be suspended or debarred, and any ocntract resulting from collusive
proposalding may be tenminated for cause.
60. DISPUTES. In the event of a conflict between the Proposal documents,
the oncer of priority of the documents shall be as follows:
61 Any contract or agreement resulting from the award of this Proposal; then
62. Addendum issued for this Proposal, with the latest Addendum taking
precE!{Jence: then
63. The Proposal; then
64. The proposer's proposal in response to the Proposal.
65. REASONABLE ACCOMMODATION. In accordance with Title II of the
Americans with Disabilities Act. any person requiring an acocmmodation
at the Proposal openmg because of a disability must contact the
Procurement Division.
66. GRATUITIES. Proposers shall not offer any gratuities. favors. or anything
of monetary value to any official, employee, contractor, or agent of the
City, for the purpose of infiuencing consideration of this Proposal.
67. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal
shall be considered an offer on the part of the proposer, which offer shall
be deemed accepted upon award of the proposal by the City Commission.
In case of default on the part of the successful proposer , after such
acceptance. the City may procure the items or services from other
sources and hold the proposer responsible for any excess cost
occasioned or incurred thereby.
68. TIE PROPOSALS. In accordance with Florida Statues Section 287.087,
regarding identical tie proposals, preference will be given to proposer s
certifying that they have implemented a drug free work place program. A
certification form will be required. In the e~ent of a continued tie between
two or more proposer s after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference ordinances
will dictate the manner by which a tie is to be resolvoo. In the event of a
continued tie after the Local and Veteran Preference ordinances have
been applied or the tie exists between proposer s that are not Local or
Veteran, the breaking of the tie shall be at the C1ty Manager's discretion,
which will make a recommendation for award to the City Commission.
69. DELIVERY TIME. Proposers shall specify in the attached Proposal Form.
the guaranteed delivery time (in calendar days) for each item. It must be
a firm delivery time; no ranges (For example, 12-14 days) will be
accepted.
70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to
fulfill in a timely manner. or otheiWise violate, any of the covenants,
agreements, or stipulations material to the Proposal and/or the contract
entered into with the City pursuant thereto, the City shall thereupon have
the right to terminate the work and/or services then remaining to be
perfonned by giving written notice to the proposer of such termination,
which shall become effective upon receipt by the proposer of the written
tennination not1ce.
71. In that event, the City shall compensate the successful proposer in
accordance with the term of the contract for all work and/or se!Vices
satisfactorily performed by the proposer prior to termination, net of any
costs incurred by the City as a consequence of the default.
72. Notwithstanding the above, the successful proposer shall not be relieved
of liability to the City for damages sustained by the City by virtue of any
breach of the contract by the proposer , and the City may reasonably
Withhold payments to the successful proposer for the purposes of set off
until such time as the exact amount of damages due the City from the
successful proposer is determined.
73. The City may, at its discretion, provide reasonable 'cure period" for any
contractual violation prior to termination of the contract: should the
successful proposer fail to take the corrective action specified in the City s
notice of default within the allotted cure period, then the City may proceed
to terminate the contract for cause in accordance with this subsection
1.57.
74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its
convenience, tenninate the work and/or services then remaining to be
perfonned, at any time, by giving written notice to the successful proposer
of such tenmination, which shall become effecti¥e thirty (30) days following
receipt by proposer of such notice. In that event. all finished or unfinished
documents and other materials shall be properly delivered to the City. If
the contract is tenminatE!{J by the City as pro¥ided in this subsection, the
City shall compensate the successful proposer in accordance with the
tenns of the contract for all and without cause and/or any resulting liability
to the City, work and/or se!Vices actually perfonmed by the successful
proposer . and shall also compensate the proposer for its reasonable
direct costs in assembling and delivering to City all documents. No
compensation shall be due to the successful proposer for any profits that
21 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ i\'\i !'\/v',,i BEACH
50
the successful proposer expected to eam on the balanced of the contract.
Such payments shall be the total extent of the City's liability to the
successful proposer upon a termination as provided for in this subsection.
75. INDEMNIFICATION. The successful Proposer shall indemnify and hold
harmless the City and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages. including attorney's fees and
costs of defense, which the City or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out ot relating to or
resulting from the perfonnance of the agreement by the successful
Proposer or its employees, agents, servants. partners, principals or
subcontractors. The successful Proposer shall pay all claims and losses
in connection therewith, and shall invesUgate and defend all claims, suits
or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may be incurred thereon. The successful Proposer
expressly understands and agrees that any insurance protection required
by this Agreement or otherwise pro~ided by the successful Proposer shall
in no way limit the responsibility to indemnify, keep and sa~e hannless
and defend the City or its officers, employees, agents and
instrumentalities as herein provided. The above indemnification provisions
shall survive the expiration or tennination of this Agreement.
76. MODIFICATION/WITHDRAWALS OF PROPOSALS. A proposer may
submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications
received after the proposal due date and time will NOT be considered
77. Proposals shall be irrevocable until contract award unless withdrawn in
writing prior to the proposal due date or after expiration of 120 calendar
days from the opening of proposals without a contract award. Letters of
withdrawal received after the proposal due date and before said expiration
date and letters of withdrawal received after contract award will NOT be
considered.
78. EXCEPTIONS TO PROPOSAL. Proposer s are strongly encouraged to
thoroughly review the specifications and all conditions set forth in this
Proposal. Proposers who fail to satisfy the requirements in this Proposal,
may be deemed non-responsive and receive no further
consideration. Should your proposed proposal not be able to meet one
(1) or more of the requirements set forth in this Proposal and you are
proposing alternatives and/or exceptions to said requirements, you must
notify the Procurement Office, in writing, at least five (5) days prior to the
deadline for submission of proposals. The City reserves the right to revise
the scope of services via Addendum prior to the deadline for receipt of
proposals.
79. FLORIDA PUBLIC RECORDS LAW. Proposer s are hereby notified that
all Proposal including, without limitation, any and all infomnation and
documentation submitted therewith. are exempt from public records
requirements under Section 119.07{1), Florida Statutes, and s. 24(a), Art
1 of the State Constitution until such time as the City provides notice of an
intended decision or until thirty {30) days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in full
compliance with Florida Statute 119.0701 including. but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and
necessarily would be required by the public agency in order to perfomn the
services; (b) provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise pro~ided by law; (c) Ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements
are not diSClosed except as authorized by law: (d) Meet all requirements
for retaining public records and transfer. at no cost, to the public agency
all public records in possession of the contractor upon temnination of the
contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the
public agency.
221 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD lp /v\1/lJv\1 BEACH
51
APPENDIX A
Proposal Certification,
Questionnaire &
Requirements Affidavit
RFQ 2014-050-SR
INFRASTRUCTURE CONDITION ASSESSMENT
AND MASTER PLAN OF LINCOLN ROAD
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
52
Solicitation No: 2014-050-SR Solicitation Title: Infrastructure Condition Assessment and Master
Plan of Lincoln Road
Procurement Contact: Telephone Number: I E-mail Address:
Sandra M. Rico (305) 673-7000 X 6230 srico@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective
Proposers of certain SOLICITATION and contractual requirements. and to collect necessary information from Proposers in order
that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be
evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must
be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
No of Years in Business: I No of Years in Business Locally: I No. of Employees:
OTHER NAME{S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS
CITY
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm
or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any
information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract
requirements.
53
2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm?
3.
C::J YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach, as required pursuant to ordinance 2011-37 47, to demonstrate that the Proposer is a
Miami Beach Based Vendor.
Veteran Owned Business~oser a veteran owned business?
L_j YES c:J NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against
your firm(s} in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed,
and identify the court or agency before which the action was instituted, the applicable case or file number, and the
status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s},
provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please
provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify
a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers
to this question shall result in the disqualification of the firm for this project.
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or
any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in
the past 5 years, submit a statement accordingly.
6. References & Past Performance. Proposer shall stJI:lmit at least tR:ree (~) references for whom the proposer has
completed work similar in size and nat1:1re as the work referenced in solicitation. Additionally, Proposer sho~:~l9 pFOvi9e
referense with the Contrastor Client S~;~rvey provi9ed as an attachment to the solicitation, and req1:1est that your
reference s1:1bmil tl=le completed s1:1rvey to directly to the contracting officer named in tl=le solicitation. In order to be
considered, surveys must be sent to tl=le Proc~o~rement Di'lisien directly lay the reference. A minim~;~m of three (3)
references are req~;~ired. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN
SECTION Ill.
SUBMITTAL REQUIREMENT: Proposer shall s~;~bmit a minim1:1m of three (3) references, incltJding the following
information: 1) firm Name, 2) Contact lnc:livid1:1al Name & Title, 3) Mdress, 4) Telephone, a) Contact's Email and 6)
Narrative on Scope of Services Provided. Additionally, eacl=l reference sho1:1ld s1:1bmit Contrastor Client Survey inclw:Jed
in tl=le solicitation directl•r to the City. Proposer may st~l:lmit a99itional references and ask that additional references
st~bmit client s~;~p,reys as applicable.
7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to nonjperfor7ance by any public sector agency? c=J YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who
has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
251 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e fvA1i.J\f\A BEACH
54
9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the
Proposer, to comply with all applicable governmental rules and regulations including. among others, the confiict of
interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of
Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachft.gov/procurement/.
10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living
wage rates listed below:
• Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr
with health benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it
determines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City
may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfi.gov/procurementl.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees to the living wage requirement.
11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive bids, to provide "Equal Benefits" to their employees with domestic partners. as they provide to employees
with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of
Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami
Beach limits, who are directly performing work on the contract within the City of Miami Beach.
A
B.
Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
c=J YES c=J NO
Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners* or to domestic partners of employees?
c=J YES c=J NO
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
S!Jouses Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
261 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PUIN OF LINCOLN ROAD to -/1.1\ 'BEACH
55
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manager's decision is final. Further information on the Equal Benefits requirement is available at
www.miamibeachfl.gov/procuremenU.
12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,
states that 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, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287017
for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in proposal disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12 ---
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15 . . If additional confirmation of addendum IS required, subm1t under separate cover .
271 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ~ /1/\!/\\f'.' BEACH
56
DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Proposals made pursuant to this RFQ, or in making any award, or in
failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this
RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject
proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its
sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in
response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's
affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the
recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances
as to the accuracy of any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk.
Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by
the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No
warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected
for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any
award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure
and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals
submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal.
This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for
guidance only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the
terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by
the City for any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by
the City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,
the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,
accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ, or any response
thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and
liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this
Disclosure and Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ, it is understood
that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall
be governed by and construed in accordance with the laws of the State of Florida.
28J RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD ltl -BEACH
57
PROPOSER CERTIFICATION
I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of FLORIDA On this _day of , 20_, personally
appeared before me who
County of ) slated that (s)he is the of
_____ , a corporation, and that the instrument was signed in behalf of the said
corporation by authority of its board of directors and acknowledged said instrument to be its voluntary
act and deed. Before me:
Notary Public for the State of __ _
My Commission Expires: ______ _
291 RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e BEACH
58
APPENDIX B
MIAMI BEACH
Sample Contract
and
Related Terms and
Conditions & Forms
RFQ 2014-050-SR
INFRASTRUCTURE CONDITION ASSESSMENT
AND MASTER PLAN OF LINCOLN ROAD
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Mlaml Beach, Florida 33139
30 I RFQ 2014-050-SR INFRASTRUCTURE CONDITION ASSESSMENT AND MASTER PLAN OF LINCOLN ROAD e ,I BEACH
59
NOTE: THE SAMPLE CONTRACT, TERMS AND CONDITIONS ARE BEING REVIEWED AND
FINALIZED WITH THE LEGAL DEPARTMENT.
60
A. TT ACHMENl
Cll'f CENTER 98
1 I
0~ NO!I'9'
~1 rr
I .l
61
THIS PAGE INTENTIONALLY LEFT BLANK
62