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R2A-Issue RFQ Flooding Mitigation Consulting ServicesCOMMISSION ITEM SUMMARY Item Summary/Recommendation: The City of Miami Beach does not currently have an approved consultant to perform professional consultation services for a flooding mitigation study. The primary objective of this study is to assist the City in identifying the most feasible alternatives for addressing long- standing flooding issues in the City of Miami Beach by: (1) identifying successful flood mitigation strategies used by other cities facing similar drainage and construction problems; (2) providing an independent and unbiased peer review of the problems and proposed solutions from previous detailed engineering studies; (3) identifying and formulating any additional structural and non-structural options that might provide significant cost savings or lend themselves to easier implementation, compared to previously identified alternatives; and (4) leading a stakeholder, staff and consultant panel review of the expanded spectrum of available solutions. Particularly attractive would be any solutions that will provide significant flooding relief in the shorter term at a cost that is affordable to the City's storm water program, as a part of phased approach that moves toward an ultimate, comprehensive solution. It is expected that the final deliverable will include descriptions of the recommended concepts including schematics, cost estimates, and implementation plan. The intent of this RFQ is to award a contract to one ( 1 ) consultant to provide these services for a term of three {3) years with two (2) one (1) year options to renew at the discretion of the City. This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations Act (CCNA). CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for Flooding Mitigation Consulting Services. RECOMMENDATION APPROVE THE ISSUANCE OF THE RFQ Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 N/A N/A OBPI Total Financial Impact Summary: T:\AGEN A\2014\Aprii\APRIL 9-PROCUREMENT\RFQ 2014-199-SR-Flooding Miti Svcs-ISSUANCE SUMMARY.docx fv\IA!v\IBEACH 51 Agenda Item Date Approved ~ MIAMI BEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: April 9, 2014 SUBJECT: REQUEST FOR APPROVAL TO UTHORIZE THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ} N . 2014-199-SR FOR FLOODING MITIGATION CONSULTING SERVICES ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND The City of Miami Beach does not currently have an approved consultant to perform professional consultation services for a flooding mitigation study. The primary objective of this study is to assist the City in identifying the most feasible alternatives for addressing long- standing flooding issues in the City of Miami Beach by: (1) identifying successful flood mitigation strategies used by other cities facing similar drainage and construction problems; (2) providing an independent and unbiased peer review of the problems and proposed solutions from previous detailed engineering studies; (3) identifying and formulating any additional structural and non-structural options that might provide significant cost savings or lend themselves to easier implementation, compared to previously identified alternatives; and (4) leading a stakeholder, staff and consultant panel review of the expanded spectrum of available solutions. Particularly attractive would be any solutions that will provide significant flooding relief in the shorter term at a cost that is affordable to the City's storm water program. as a part of phased approach that moves toward an ultimate, comprehensive solution. It is expected that the final deliverable will include descriptions of the recommended concepts including schematics, cost estimates, and implementation plan. The intent of this RFQ is to award a contract to one ( 1) consultant to provide these services for a term of three (3) years with two (2) one (1) year options to renew at the discretion of the City. This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations Act (CCNA). SCOPE OF SERVICES Please Reference RFQ 2014-199-SR for Flooding Mitigation Consulting Services, included in Attachment A. 52 City Commission Memorandum -RFQ For Flooding Mitigation Consulting Services April 9, 2014 Page 2of2 MINIMUM QUALIFICATIONS Please Reference RFQ 2014-199-SR for Flooding Mitigation Consulting Services, included in Attachment A. MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference RFQ 2014-199-SR for Flooding Mitigation Consulting Services, included in Attachment A. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference RFQ 2014-199-SR for Flooding Mitigation Consulting Services, included in Attachment A. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2014-1 99-SR for Flooding Mitigation Consulting Services. ATTACHMENTS • Attachment A: RFQ 2014-199-SR for Flooding Mitigation Consulting Services. EC/AD/MT/JLM T:\AGENDA\2014\Aprii\APRIL 9 -PROCUREMENT\RFQ 2014-199-SR-Flooding Mitigation Consulting Svcs-ISSUANCE MEMO.Docx 53 REQUEST FOR QUALIFICATIONS (RFQ) FLOODING MITIGATION CONSULTING SERVICES RFQ 20 14-199-SR RFQ ISSUANCE DATE: APRIL 10,2014 STATEMENTS OF QUALIFICATIONS DUE: MAY 12,2014@ 3:00PM ISSUED BY: <9 MIAMI 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 Fax: 786.373.4404 I srico@miamibeachfl.gov www.miamibeachfl.gov 54 ~ MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................ N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ........................... 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT ................................................................ 10 0400 STATEMENTS OF QUALIFICATIONS EVALUATION ............................................... 12 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........ 14 APPENDIX B "NO BID" FORM .......................................................................................... 21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .................................... 23 APPENDIX D SPECIAL CONDITIONS ............................................................................. 29 APPENDIX E INSURANCE REQUIREMENTS ................................................................. 31 RFQ 20 14-199-SR RFQ-PAGE2 55 ~ MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PubUcPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The primary objective of this study is to assist the City in identifying the most feasible alternatives for addressing long-standing fiooding issues in the City of Miami Beach by (1) identifying successful flood mitigation strategies used by other cities facing similar drainage and construction problems; (2) providing an independent and unbiased peer review of the problems and proposed solutions from previous detailed engineering studies; (3) identifying and formulating any additional structural and non-structural options that might provide significant cast savings or lend themselves to easier implementation, compared to previously identified alternatives; and (4) leading a stakeholder, staff and consultant panel review of the expanded spectrum of available solutions. Particularly attractive would be any solutions that will provide significant flooding relief in the shorter term at a cost that is affordable to the City's storm water program, as a part of phased approach that moves toward an ultimate, comprehensive solution. It is expected that the final deliverable will include descriptions of the recommended concepts including schematics, cost estimates, and implementation plan. This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations Act (CCNA). Secondary objectives include: 1. Development of performance measures for objectively demonstrating the level of success of the City's storm water program. 2. Development of a general approach or strategy for addressing other fiooding problems throughout the city. Balance of Page Intentionally Left Blank RFQ 20 14-l 99-SR RFQ-PAGE3 56 (g MIAMI BEACH 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: Solicitation Issued April 10,2014 Pre-Submittal Meeting April24, 2014@ 10:00 AM Location indicated below. Deadline for Receipt of Questions May 5, 2014 Responses Due May 12,2014@ 3:00PM Evaluation Committee Review May 2014 Proposer Presentations May/June 2014 Tentative Commission Approval Authorizing June 2014 Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaeiGranado@miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposer in the form of an addendum. Procurement Contact: Sandra M. Rico Telephone: 305.673.7000 X 6230 Email: srico@miamibeachfl.gov 5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above 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 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. RFQ 2614-199-SR RFQ-PAGE 4 57 ~ MIAtV\1 BEACH 6. PRE-STATEMENTS OF QUALIFICATIONS INTERPRET AllONS. Oral information or responses to questions received by prospective Proposer are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library .municode .com/index.aspx?clientl D= 13097&statel0=9&statename=Fiorida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510 • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES.............................. CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747, a five (5) point preference will be given to a responsive and responsible Miami Beach-based proposer. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 37 48, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. RFQ 20 14-199-SR RFQ-PAGE 5 58 ~ MIAMI BEACH 13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of Qualifications. 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 Proposer {s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take place to arrive at a mutually acceptable Agreement, including cost of services. 14. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Statement of Qualifications opening. 15. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, 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 . 16. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of Statement of Qualifications, 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. 17. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposals 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. 18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 19. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer 's risk and may result in the Statement of Qualifications being non-responsive. RFQ 20 14-199-SR RFQ-PAGE 6 59 ~ MIAMI BEACH 20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless 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 performance of the contract, including its use by the City of Miami 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. 22. 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. Lack of knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from responsibility. 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. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 24. ANTI-DISCRIMINATION. The proposer certifies that he/she 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. 25. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer 's facility may be made prior to the award of contract. B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposals 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 solicitation. D. The terms "equipment and organization", as used herein shall, be construed 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. E. 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. RFQ 20 14-199-SR RFQ-PAGE 7 60 (g MIAM! BEACH F. The City may require proposers 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 information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 26. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise 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. 27. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 28. 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 government or non-profit agency. 29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 30. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence: then C. The solicitation; then D. The proposer 's proposal in response to the solicitation. 31. INDEMNIFICATION. The contractor 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 of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate 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 contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid 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. RFQ 20 14-199-SR RFQ ·PAGE 8 61 ~ MIAMI BEACH 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 perform 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 provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (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 termination 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. 34. MODIFICATION/WITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 35. EXCEPTIONS TO RFQ. Proposals 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 Statement of Qualifications. 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 and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 36. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposals 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 Statement of Qualifications. 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. Balance of Page Intentionally Left Blank RFQ 20 14-199-SR RFQ-PAGE 9 62 ~ i\1\IAtv\1 BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. RESPONSE FORMAT. In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and tabbed as enumerated below and should contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Respondents should prepare their submittal on 8.5" x 11" paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion. TAB 1 Executive Summary 1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Respondent (see Section II) and be signed by same. 2. Executive Summary. Provide a brief summary of no more than two (2) pages describing your firm's, experience and qualifications, staff that will be assigned to this project, and any other relevant information. 3. Minimum Qualifications. Submit verifiable information documenting compliance with the minimum qualifications and requirements. TAB2 Experience & Qualifications Qualifications of Proposing Firm(s}. Describe experience and qualifications of the respondent in providing the Services detailed herein. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. 2. Relevant Experience: Summarize projects of comparable size and scope where similar services to those described in this RFQ have been provided. For each project include: a. Project name and location and images b. Professional team name(s) and roles c. Year project completed (or "In Design" or "Under Construction") d. Short description of services provided e. Identification of the individuals that worked on the project, and who will work on this project f. Reference contact information g. Project development cost RFQ 20 14-199-SR 63 RFQ-PAGE10 ~ MIAMI BEACH 3. Project Team: Provide an organizational chart of all personnel 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 team member to be assigned to this project. 4. Financial Capacity: a. Provide a summary of historical gross revenues for the Prime Respondent for the past (3) three years. b. The respondent shall pay D&B to send the Supplier Qualifier Report (SQR) to the City through electronic means, emailing to MariaEstevez@miamibeachfl.gov. The cost of the preparation of the D&B report shall be the responsibility of the Respondent. The respondent can request the report from D&B at: https :1/suppl ierportal.dn b.com/webapp/wcs/stores/servlet/Su pplierPortal?storeld= 11696 In addition to the SQR, the City reserves the right to require additional information to determine financial capability including, upon written request, the latest annual reviewed/audited financial statements with the auditor's notes. Respondent shall have ten ( 1 0) calendar days respond to such a 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. TAB3 Approach and Methodology Respondent shall describe how they comply with the requirements of this RFQ, including those requirements noted in Section 0200. Submit detailed information on approach and methodology to project implementation, project timeline, and any other factors that may impact the successful completion of each project that may result. TAB4 Forms Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime Respondent. RFQ 20 14-199-SR RFQ-PAGE 11 64 C9 MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements set forth in this Solicitation. If further information is desired, respondents may be requested to make additional written submittals and/or oral presentations to the Evaluation Committee. The evaluation of responses will proceed in a two-step process. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of the quantitative criteria established below, to be added to the Evaluation Committee results by the Department of Procurement Management. Step 1 Evaluation (100 Points). The Evaluation Committee shall meet to evaluate each response in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing sa, the Evaluation Committee may: a) Review and score all responses received, with or without conducting oral presentations; or b) Review all responses received and short-list one or more respondents to be further considered in oral presentations (using the same criteria). c) In no particular order of priority, the criteria used will include, but nat be limited to: • Experience of the firm • Experience of the professionals that will work on this project • Availability of resources to perform the required Services • Proposed approach and project schedule • Ability to maximize results with limited funds • Ability to meet time and budget requirements • Recent, current, and projected workloads of the firm • Quality of references • Financial Capacity • Results of D&B Report • If applicable, general design style of the firm Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the respondents may receive additional points to be added by the Department of Procurement Management to those points eamed in Step 1, as follows. • Miami Beach -Based Vendor-5 points • Veterans and State-Certified Service-Disabled Veteran Business Enterprise - 5 points Negotiation: Once the ranking is approved by the City Commission, the City will enter into contract negotiations with the top ranked firm(s). If the City and selected firm(s) cannot agree on contractual terms within sixty (60) days, the City will terminate negotiations with the next ranked firm, continuing this process with each firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations and execution will take place as quickly as possible after selection. 5. Determination of Final Ranking. 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 scares will be converted to ran kings in accordance with the example below: RFQ 20 14-199-SR RFQ-PAGE12 65 ~ MIAMI BEACH Example of Ranking Process: SAMPLE RANKING Proposer Proposer Proposer A 8 C * 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, which may be different than final ranking results. RFQ 26 14-199-SR RFQ-PAGE 13 66 APPENDIX A ~ MIAMI BEACH - Response Certification, Questionnaire & Requirements Affidavit RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 67 Solicitation No: Solicilation Title: RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES Procurement Contact: Tel: SANDRA M. RICO 305.673.7000 X 6230 I Email: srico@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications 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: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY' STATE I ZIP CODE TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS CITY STATE: I ZIP CODE: 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 nght to seek addlllonal1nformat1on from proposer or other source(s), rncludrng but not l1m1ted 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. RFQ 20 14-199-SR APPENDIX A-PAGE 1 68 1. 2. Miami Beach Based (Loyl) Veldor. Is proposer claiming Miami Beach based firm status? YES CJ NO SUBMITTAL REQUIREMENT: Proposals claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business~oser claiming a veteran owned business status? L__j YES CJ NO SUBMITTAL REQUIREMENT: Proposals 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. 3. Conflict Of Interest. All Proposals must disclose, in their Statement of Qualifications, 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 Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose 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. Proposals must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of its affiliates 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3} Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to 1 non·prormance by any public sector agency? YES c::::::::J NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposals 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. Proposals 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 Statement of Qualifications, 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 solicitation. 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. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, eacll 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 proposal/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 conflict 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.miamibeachfl.gov/procurement/. RFQ 20 14-l 99-SR APPENDIX A-PAGE2 69 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposer 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 infiation 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). Proposals' failure to comply with this provision shall be deemed a material breach under this proposal, 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.miamibeachfl.gov/procurement!. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. 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 proposals, 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. 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 B. 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? CJ YES CJ 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 Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 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.miamibeachfi.gov/procurement!. 10. Public Entity Crimes. Section 287. 133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a RFQ 20 14· l 99-SR APPENDIX A-PAGE3 70 person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, 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 proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list 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. 11. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposer 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, Proposals 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 Receipl 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 add1t1onal confirmation of addendum IS requ1red, subm1t under separate cover. RFQ 20 14-199-SR APPENDIX A-PAGE4 71 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 Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation, 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 Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications 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 Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications 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 Proposals. 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. Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation 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 Proposals will be bound only as, if and when a Statement of Qualifications, 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 Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, 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 Statement of Qualifications, 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 Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2014-199-SR APPENDIX A-PAGE5 72 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 solicitation, 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 solicitation, 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 Proposals 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 Statement of Qualifications Certification, Questionnaire and Re uirements Affidavit are tnue 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 ) stated 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 Florida My Commission Expires: ______ _ RFQ 20 14-199-SR APPENDIX A-PAGE6 73 APPENDIX B MIAMI BEACH ''No Bid'' Form RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note: I tis important for those vendors who have received notification of thissqHc;it,ptioQ,but have d~c;id~p notto respond,jo c<;?;rflplete angsub~it the attached ''Statement of No Bid." The "Statement ()f No Bid" provides the City 'Nith information\ on how to imi?rove .me .. ~Piicitqtion proc~.S's. Failure to submit a "Statement ()f No Bid .. may rE;sult iri not being notifi~d of future ~elicitations by the City. 74 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_ do not_ want to be retained on your mailing list for future proposals of this type product and/or service. Signature:~--------------------- Title: _____________________ ~_ Legal Company Name: ________________ _ Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: SANDRA RICO STATEMENTS OF QUALIFICATIONS #2014-199-SR 1700 Convention Center Drive MIAMI BEACH, FL 33139 RFO 20 14-199-SR 75 APPENDIX B-PAGE 1 APPENDIX C ~ MIAMI BEACH Minimum Requirements & Specifications RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 76 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposals that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Qualifications will be considered only from consultants that are regularly engaged in the business of providing the professional specialization services as described in this RFQ. A. Licensing: Proposer must be certified and/or licensed to perform the services requested in this RFQ. Proposer must submit verifiable evidence of all licenses for the proposed Key Personnel listed in C below. B. Team's Experience: • Proposer must submit verifiable evidence of having at a minimum ten (10) years of experience providing the requested professional services. • Proposer must submit at least five (5) projects completed exemplifying experience in municipal improvement projects. For each project, briefly describe the scope, month and year the project was completed, responsibilities, volume of the contract, estimated and actual cost of construction, and the client name, phone number, and email address. C. Consultant's Experience: The Consultant will provide subject matter expercise to the City's Commission, The Mayor's Blue Ribbon Committee on Sea Level Rise, The Standing Committee on Flooding, and the Public Works Department. The Counsultant must show a strong team of qualifed individuals who can guide the City through the decision making process on setting new policies on Sea Level Rise and the impacts on current and future Capital Projects. Provide a comprehensive summary of the experience and qualifications of the individual(s) who as proposed will be selected to serve as the Subject Matter Expert(s). Proposers must submit verifiable evidence have a minimum of five (5) years of experience and are licensed/certified in their designated professional specialization. Proposers must submit evidence for their Key Personnel: • SUBJECT MATTER EXPERT, Stormwater Utilities Rate Studies, • HYOROGEOLOGIST, Florida Aquifer • SEA LEVEL RISE, Consultant to other Cities in Florida • CIVIL ENGINEERING, Stormwater Management, • PERMITTING, SFWMD, FDEP, DERM, ACOE, Fish & Wildlife • MUNICIPAL ADMINISTRATION having the knowledge and experience in finance and budgeting, risk management, law, statutory compliance for Cities in Florida C2. Statement of Work Required. A. Study Objective. The primary objective of this study is to assist the City in identifying the most feasible alternatives for addressing long-standing flooding issues in the City of Miami Beach by (1) identifying successful flood mitigation strategies used by other cities facing RFQ 20 14-199-SR APPENDIX C ~PAGE 1 77 similar drainage and construction problems; (2) providing an independent and unbiased peer review of the problems and proposed solutions from previous detailed engineering studies; (3) identifying and formulating any additional structural and non-structural options that might provide significant cost savings or lend themselves to easier implementation, compared to previously identified alternatives; and (4) leading a stakeholder, staff and consultant panel review of the expanded spectrum of available solutions. Particularly attractive would be any solutions that will provide significant flooding relief in the shorter term at a cost that is affordable to the City's storm water program, as a part of phased approach that moves toward an ultimate, comprehensive solution. It is expected that the final deliverable will include descriptions of the recommended concepts including schematics, cost estimates, and implementation plan. Secondary objectives include: i. Development of performance measures for objectively demonstrating the level of success of the City's storm water program. ii. Development of a general approach or strategy for addressing other flooding problems throughout the city B. Background. On June 9, 2010, the City authorized development of a City'Jwide Comprehensive Stormwater Master Plan (SWMP) was adopted in 2012 in order to evaluate and update its stormwater management practices, infrastructure, funding, and regulatory policies. Miami Beach is one of 33 municipalities that entered into an lnterlocal Agreement (ILA) with Miami Dade County in 1993, authorizing MiamiDDade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application. One condition of the ILA requires the City of Miami Beach to develop a SWMP that is consistent with MiamiDDade County's Master Plan. The SWMP was intended to be a guide for improving the City's stormwater management system performance for the next 50 years, with considerations to potential sea level rise over this time period. The sea level design criteria changed to reflect seasonal high tides and this will require all outfalls to be pumped and injection wells will no longer be approved by the City. The SWMP provided a preliminary schedule of prioritized capital improvements base on earlier criteria, but does not represent these recent changes. The City of Miami Beach is a highly urbanized coastal community located in southeast Florida and is a major economic resource to the region. Bounded by the Atlantic Ocean and the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW), the study area covers approximately 4,200 acres. The area has relatively lowolying topography that is intersected by intracoastal waterways, and it has a subtropical climate with high intensity rainfall, significant tidal influence, limited soil storage for infiltration, high amounts of impervious area, and limited available surface storage. RFQ 20 14-199-SR APPENDIX C-PAGE 2 78 These factors all contribute to historical and potential future severe rainfall and tidal fiooding. The City's stormwater management system consists of approximately 340 outfalls (approximately 180 in the City's NPDES reporting program) served by swales that need to be fully developed to serve as retention within the drainage area, inlets, storm drains, culverts, bridges, gravity and pumped injection wells that will be eliminated in the near future, exfiltration systems that are no longer allowed in the City, channels, canals, pump stations, and retentionx:letention storage systems. Recent action by the City of Miami Beach Commission set new design criteria to meet continuing fiooding conditions in the City. The criteria set the Tidal Boundary condition at an elevation that will require the storm water drainage systems to include pump stations for all outfalls in the City. It is expected that new sea wall designs, groundwater management programs and groundwater movement both horizontal and vertical will need to be better understood and mitigation measures to manage with projected sea level rises. C. Work Program. Additional consultant assistance is needed to undertake an additional review of improvement options and to provide guidance for future actions considering neighborhood, economic, and political ramifications. 1. Organize Peer Review Team and refine work program i. With concurrence from the Mayor's Blue Ribbon Panel on Flooding and Sea Rise along with City staff, Consultant will develop a small group of senior professional consultants to function as a formal Peer Review Team (PRT). A small group of three to four individuals is envisioned in order to incorporate recognized expertise in civil engineering, hydrogeology, land planning, financial planning and rate setting. ii. PRT would meet with senior city staff to establish specific objectives, guidelines and schedule. iii. City staff and the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, would be organized to facilitate and support the work program. 2. Assemble data i. 2.1. Storm Water Program Data -Staff will provide updated and detailed information to PRT to describe the nature and extent of the flooding problem in the City of Miami Beach, the current status of the Utility, updated City Council goals and objectives, the Utility's financial position, and long-and short-range goals and objectives of the Utility. ii. 2.2. Watershed Study Data -Staff will collect and make available to PRT copies of all previous studies, reports, complaint files, and mapping related to the projects. Each PRT member will read all pertinent documents in preparation for field trip and meetings. RFQ 20 14-199-SR APPENDIX C-PAGE 3 79 3. Assist staff in developing program performance measures i. PRT will provide data on measures used by other municipalities and jurisdictions to measure the success of their respective programs. 11. PRT will conduct one or more "brainstorming" sessions with City staff and the Mayor's Blue Ribbon Panel on Flooding and Sea Rise for the purpose of determining the City of Miami Beach's performance measures. Measures should generally be outcome based and meaningful to the City's management and political leadership. 4. Review drainage improvement programs in comparable cities i. Using information provided by City staff, PRT will compare City of Miami Beach drainage issues with other cities that have or are attempting to resolve similar problems in terms of development, infrastructure development, scale and nature of flooding, and environmental issues. ii. PRT will present findings to staff by identifying those municipalities that are similar and the rationale for comparison, identifying and explaining the general approach or solutions the municipality is contemplating, evaluating, or implementing to mitigate their flooding issues. The presentation will include, to the maximum extent possible, detailed descriptions of the identified solutions including timing (including study, design and construction), cost, and both economic and political impacts. 5. Review available options. i. Document Review -PRT members will individually review materials assembled by staff in advance of meeting together as a PRT. ii. Field Trip -Staff will organize and facilitate a field trip to visit the project neighborhoods, including storm water pump stations and outfall locations. iii. Initial PRT Review Meeting -A full day will be devoted to reviewing as a group the previous documents and discussing the results of the field trip. A format will be established for documenting PRT activities and an outline of specific tasks, assignments and schedule will be prepared. This meeting wfll include a PRT "brainstorming" session to begin the process of formulating potential alternatives to be addressed. iv. Individual Assignments-Each member of the PRT will execute their specific assignments such as concentrating on a proposed alternative from the "brainstorming" session, or to research a particular feature or component of the previous alternatives. Some of these assignments may involve non- structural changes including acquisition of flood prone properties and redevelopment as neighborhood amenities. RFQ 2014-l 99-SR APPENDIX C -PAGE 4 80 v. Second PRT Review Session -PRT members will assemble to review assignments and work through each of the potential alternatives that remain on the table (both previous and new alternatives). PRT will address and compile a preliminary table of recommended alternatives. City staff will be available to participate in this compilation process as appropriate. vi. Meeting With Consultants of Previous Studies -As desired by the city staff, an informational meeting may be held for the PRT to present preliminary findings and recommendations to the consulting engineers in order to gather additional insights or comments. vii. Preparation of Draft PRT Report-Utilizing the results of earlier meetings and documentation, a draft report of PRT findings and recommendations will be prepared and distributed to each PRT member, staff and stakeholder representative for final review and comment. 6. Final Report and Presentation i. Prepare and Present Final Report -Prepare a brief final report and present findings and recommendations to the Mayor's Blue Ribbon Panel on Flooding and Sea Rise along with City staff for workable solutions and a general strategy for addressing similar city-wide storm water improvement needs. Report and presentation should incorporate information from the overview of successful strategies used in comparable cities, measures for determining the success of the storm water program, stakeholder involvement, recommendations of the PRT, and input gained from staff, stakeholder representatives and previous consultants. Proposed improvement concepts should include a description and schematic, the rationale for selecting each option, a rough estimate of costs, and recommendations for how the City should implement each option selected. RFQ 2014-l 99-SR APPENDIX C-PAGE 5 81 APPENDIX D {9 MIAMI BEACH Special Conditions RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 82 1. TERM OF CONTRACT. Three (3) years. 2. OPTIONS TO RENEW. Two (2) one (1) year options to renew upon expiration of contract 3. PRICES. Fee schedule shall be negotiated upon contract award. 4. EXAMINATION OF FACILITIES. Not Applicable. 5. INDEMNIFICATION. Not Applicable. 6. PERFORMANCE BOND. Not Applicable. 7. REQUIRED CERTIFICATIONS. Please Reference Appendix C 8. SHIPPING TERMS. Not Applicable. 9. DELIVERY REQUIREMENTS. Not Applicable. 10. WARRANTY REQUIREMENTS. Not Applicable. 11. BACKGROUND CHECKS. Not Applicable. RFQ 20 14-199-SR APPENDIX D-PAGE 1 83 APPENDIX E ~ MIAMI BEACH Insurance Requirements RFQ 2014-199-SR FLOODING MITIGATION CONSULTING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 84 XXX 1. XXX2. XXX 3. 4. XXX5. 6. XXX?. XXX8. XXX 9. MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability {occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability -$1,000,000 each occurrence -owned/non-owned/hired automobiles included. Excess Liability-$ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _Protection and Indemnity _ Employee Dishonesty Bond Other Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. $ ___ .00 $ .00 $ .00 $ .00 $ .00 $ .00 The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 20 14~ l99~SR APPENDIX E-PAGE 1 85 THIS PAGE INTENTIONALLY LEFT BLANK 86