2625RFP_-_Continuing_Services_for_General_Architectural_Services.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified Consultants to analyze functional and aesthetic programming needs and provide contract bid documents for new building construction, recreational and passive park facilities and existing building renovations and repairs. Secondary services required to be provided by the Architect will include but not limited to design of ancillary systems such as elevators, pedestrian railing and security fencing systems, fire suppression systems, production of conceptual drawings for buildings and activity centers and analysis of alternative concepts. As the need for architectural services arises, the Consultant will be contacted to discuss the desired project outcome and subsequently provide a scope of work and a fee proposal for each project assignment.

1.2. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@daytonabeach.gov

Phone: (386) 671-8082

Department:

Public Works

1.3. Timeline

Release Project Date March 3, 2026 mailto:purchasing@daytonabeach.gov tel:(386)671-8082

Request For Proposal #2625RFP Title: 2625RFP - Continuing Services for General Architectural Services

Pre-Proposal Meeting (Mandatory) March 11, 2026, 10:00am

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Question and Request for Interpretation

Submission Deadline

March 31, 2026, 5:00pm

Proposal Submission Deadline April 7, 2026, 2:00pm

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2. DEFINITIONS

https://teams.microsoft.com/meet/24377762462612?p=ejNQsELqE3v3l4s1uh https://teams.microsoft.com/meet/24377762462612?p=ejNQsELqE3v3l4s1uh https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FhYjRlYWEtYzdjMS00ZTQzLWFjMjQtOGJiMzBjNjFjY2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/meet/26523988971250?p=0BjgQ2EXitRZ6MPjH2 https://teams.microsoft.com/meet/26523988971250?p=0BjgQ2EXitRZ6MPjH2 https://teams.microsoft.com/meet/26523988971250?p=0BjgQ2EXitRZ6MPjH2 https://teams.microsoft.com/meet/26523988971250?p=0BjgQ2EXitRZ6MPjH2

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY

MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL

PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this

Solicitation:

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bid means Solicitation Submission, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract.

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any Contract that accompanies the NOI.

Offer means Solicitation Submission, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

Proposal means Solicitation Submission, or Bid, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF WORK

3.1. Scope of Services

The City is soliciting Professional General Architectural Services to analyze functional and aesthetic programming needs and provide contract bid documents for new building construction, recreational and passive park facilities and existing building renovations and repairs. Secondary services required to be provided by the Architect will include but not limited to design of ancillary systems such as elevators, pedestrian railing and security fencing systems, fire suppression systems, production of conceptual drawings for buildings and activity centers and analysis of alternative concepts. The selection of three

Consultants is anticipated. All Consultants will be licensed to practice their specific disciplines in the State of Florida. As the need for architectural services arises, the Consultant will be contacted to discuss the desired project outcome and subsequently provide a scope of work and a fee proposal for each project assignment. A Work Authorization will be issued by the City upon acceptance of a mutually acceptable scope of services, schedule, and fee proposal.

The Consultant’s work will be performed by the key personnel at the office location identified in the

Proposal and the primary sub-consultant’s identified in the Proposal for services such as but not limited to interior design, foundation evaluations, electrical, mechanical, topographic site surveys, specialty architectural support functions, etc. All changes of key personnel or sub-consultants will be reviewed and will require approval by the City in writing prior to the issuance of a Work Authorization.

3.2. General Services

The Consultant will perform the following: general architectural services for inland and coastal marine structures and ancillary systems components to include but not be limited to preliminary architectural/systems analysis, design, architectural design, permitting, site and concepts/alternatives analysis, inspection related to existing infrastructure, and construction inspection of their designed projects as needed. Services may include, but not be limited to, the following as authorized by individual

Work Authorizations for projects:

• Design of building infrastructure that is at the highest and most cost-beneficial energy standards exceeding ASHRAE 90.1 standards and is in compliance with applicable local, State and Federal building codes, grant agency requirements and or requirements such as A.D.A., coastal wind loading, architectural best management practices, etc.

• Preliminary architectural/systems analysis, cost estimates (pre-design budgeting, and at 60%, 90% and final submittals), design development, construction plans preparation, permitting and creation of contract bid documents for construction, including special conditions/provisions and specifications for City projects.

• Analysis of concepts/alternative project solutions, existing infrastructure and land use conditions affecting the site and the ability to use the site for its proposed use as an activity center/destination, building location, an aesthetically enhanced roundabout or a recreational or passive park including neighborhood impacts.

• Bidding and construction phase services including:

o Answering questions during the bidding process o Assuring project compliance with regulatory agency or grant providing agency requirements o Assisting in the preparation of any required addenda o Attending pre-bid conference o Reviewing bids, preparing bid tabulation sheet, and making recommendation for award o Attending and administering a preconstruction conference o Visiting the work site a predetermined number of times o Determining if work is proceeding in accordance with the Contract Documents o Issuing necessary interpretations, clarifications, and change orders as required.

o Reviewing and recommending approval or rejection of Shop Drawings, samples, and other data which contractor(s) are required to submit o Evaluating and determining the acceptability of substitute equipment and materials o Reviewing all certificates of inspection, testing, and approvals required by laws, rules, regulations, ordinances, code orders, or the Contract Documents o Reviewing and approving payment applications as required o Project closeout

3.3. Expanded Scope of Services

Each Project will have an expanded Scope of Services tailored to the specific needs of the City. The expanded Scope of Services may include but is not limited to:

Project Coordination and Administration o The Consultant will coordinate the project design/architectural team, organize, and provide minutes for the kickoff meeting of the project team.

o The Consultant will coordinate with all jurisdictional/regulatory agencies to identify, negotiate, and implement all necessary requirements including regulatory agency, granting agency and historical restoration compliance.

o The Consultant will prepare, present, monitor, and maintain a production schedule for the tasks defined in the scope of services o The Consultant will conduct progress meetings with the project team and the City on a regular basis throughout the completion of the design phase and creation of construction documents.

o The Consultant will organize and lead public involvement and stakeholder meetings. The

Consultant will be responsible for recording meeting minutes and preparing memoranda for distribution.

o The Consultant will supply minutes of all meetings within one week of meeting.

o The Consultant will coordinate sub-consultants services including satisfactory and timely performance.

Design Development o The Consultant and appropriate members of the project team will perform field investigations of the proposed project site for initial suitability and determination and recommendation of project design alternatives.

o The Consultant and appropriate project team members will meet with public and private utility providers in the area to confirm existing utility locations and conflicts.

o The Consultant will identify all permitting /regulatory agencies, determine permitting requirements, prepare submit and respond to all requests for information regarding the permit applications and provide the necessary information to secure approved permits. The

City will pay the permitting agencies required application fee.

o The Consultant will work with the City’s project manager and legal department to evaluate the impact of the design on adjacent properties.

o The Consultant will produce design development drawings to perform modifications and describe the overall character and extent of the project. Drawings will include plans, elevations, and sections complete and suitable for competitive bidding and construction use.

o Design development will include site inspections required to confirm site plan and records of utilities and other relevant features at the project site as they relate to the project design including compliance with regulatory agency design requirements and design review process.

o The Consultant will prepare complete design development plans to address revisions as necessary based upon comments received during City and agency reviews.

o The Consultant will prepare alternatives for the sequencing, planning and timing of construction, and the maintenance of traffic for consideration by the City.

o The Consultant will prepare a statement of probable construction costs, phasing, architectural alternatives summary, and viable construction methods as necessary.

o The Consultant will prepare concept drawings showing existing surface and subsurface improvements at 30%. The Consultant will prepare alternatives to resolve neighborhood concerns, site and use conflicts and the costs associated with each alternative.

Construction Documents o The Consultant will prepare construction documents at a true and suitable scale for all items described above including demolition of existing features to be removed, civil and landscape architectural plans, and permit applications and permit drawings which are appropriate for public bidding.

o The Consultant will present the construction documents to appropriate project members and City department at 30%, 60%, and 90% completion for review and approval.

o The Consultant will coordinate and assemble technical specifications, design cover sheet and prepare an itemized bid schedule.

o The Consultant will coordinate with appropriate project team members to ensure that all

City required documents are assembled as a complete bid package that is regulatory agency and Building Code compliant.

Local Government, Granting and Other Agency Coordination o The Consultant will coordinate their design activities and finished project plans and specifications with the above listed groups to ensure adequate opportunity on their behalf to address design and construction issues and provide information that will aid in the design, alleviate duplication of effort and construction and minimize costs.

o Construction Administration o The Consultant will respond to Requests for Information (RFI's) during construction o Provide submittal register and review and approve or reject shop drawings and submittals provided by the contractor o Provide onsite inspections verifying that all items are furnished and installed per the construction documents o Site visits as necessary to rectify problems and discrepancies with the construction documents o Provide progress reports to verify that scheduled milestones are being met and pay applications are in accordance with the schedule of values and the progress schedule o The Consultant will prepare a punch list and perform a final inspection of the Contractor's work

3.4. City Project Deliverables

Deliverables will be project specific and may include, but not be limited to:

• Final reports/studies/plans in the form of three (3) bound Preliminary Architectural or Technical

Recommendation Memorandums that address analysis of need and project alternative approaches, with signed and sealed original documents. All elements of the reports will be provided on a CD in applicable format to include .pdf, word, .dwg and .jpg formats.

• Final construction documents and all related project correspondence, reports and permits will be to true scale for the paper size used and saved on CD in 24” x 36”.pdf, 11”x17” .pdf format and

AutoCADD format and/or other version as determined by the City.

• Final construction plan deliverables including four (4) signed and sealed, bound sets of plans on

24” x 36” sheets, along with four sets of specifications, and one (1) set of final construction plans on 24” x 36” mylar. Specifications will be provided in Word; bid schedules in an Excel spreadsheet and both specifications and bid schedules in pdf format

• Testing results will be forwarded to the City at an interval to be determined, in a bound notebook with synopsis of results and outstanding issues noted on the cover.

• All geo-spatial information including plans, surveys, maps, and aerial photography will be provided in AutoCAD or the ESRI Personal Geodatabase format. This data will be referenced by a minimum of three (3) coordinates in the Florida State Plane Coordinate System, East Zone in US

Survey Feet. The horizonal datum is NAD83/ (1990) HARN and the vertical datum is NAVD 88 Feet, in accordance with Florida Statutes, Chapter 177.151.

• AutoCAD files will follow the City’s AutoCAD standard presentation format.

• All text and graphic information will be provided in the City standard MS Office software (MS

Word, MS PowerPoint, etc.) and in the Adobe .PDF format, unless otherwise specified. This digital information is also to be provided on CDs or DVDs.

• The consultant will be responsible for the as-built drawings in AutoCAD standard. The red-lined as-builts will be supplied by the Contractor so that final drawings and specifications can be developed for project close-out.

3.5. Performance Evaluations

The City will provide the Consultant with an assessment of their overall contract performance and likelihood of annual contract renewal based upon their demonstrated ability to meet the following criteria in each of their individual project schedules.

• Deliverable dates for each plans completion percentage submittal

• Submittal dates for permits

• Compliance with final submittal date and project design budget

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

The Consultant must provide proof of the being an active, registered architect in the State of Florida for ten (10) years prior to the submission of the Proposal.

4.2. E-VERIFY

E-Verify. - The Proposer (and its subcontractors) have an obligation to utilize the U.S. Department of

Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the

Proposer certifies that it is registered with, and uses, the E-Verify system for all newly hired employees.

The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

This section serves as notice to the Proposer regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the City’s obligation to terminate the contract if it has a good faith belief that the Proposer has knowingly violated section 448.09(1), F.S. If terminated for such reason, the

Proposer will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the

Proposer and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

4.3. RESTRICTIONS, PROHIBITIONS

A. A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit a Proposal 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 Section 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted

Vendor List.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a Proposal to provide goods or services to a public entity; may not submit Proposal with a public entity for the construction or repair of a public building or public work; may not submit proposals 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.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible Contractor may not submit a Proposal or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

D. No funds received pursuant to this Agreement may be expended for lobbying the Florida

Legislature, judicial branch or any state agency.

5. GENERAL CONDITIONS

THIS IS NOT A BID. This is a Request for Proposals issued in accordance with The City of Daytona Beach

Code Chapter 30, Division 3, “Source Selection and Contract Formation”. The Request for Proposal specifies the product(s) or services needed and lists the criteria upon which the Proposals will be evaluated. When received, Proposals will be reviewed and ranked in order, beginning with the one deemed most advantageous to the City. Negotiations will commence with the selected Proposer(s).

Upon completion of satisfactory negotiations, the Contract negotiated as the best will be recommended to the City Commission. A copy of Chapter 30 may be obtained upon request.

5.1. ELECTRONIC PLATFORM

To ensure consideration of your Proposal, please follow these instructions.

The City will only accept online Proposals for this Solicitation through the Platform accessible through

Opengov, the City's online procurement Platform. All solicitations can be accessed through the City’s website: www.codb.us/841/Purchasing under the link to “Public Solicitation”, then by selecting the proper solicitation.

No other forms of online Proposals will be accepted. All Proposals not in compliance with the conditions specified herein are subject to rejection.

Interested Proposers shall contact OpenGov Procurement Support related to any inquiries related to the software. Proposers may contact Support via the blue chat bubble in the bottom right corner of an

OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

5.2. REQUESTS FOR INTERPRETATIONS

If the Proposer is in doubt as to the meaning of any of the Solicitation Documents or other Exhibits included in this Solicitation, the Proposer may submit a question through the Platform. Such requests must be received by the deadline communicated in the Timeline in the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests.

5.3. ADDENDA TO SOLICITATION DOCUMENTS

Prior to Solicitation opening, the City may, on the City’s own initiative or in response to a request for clarification, furnish Addenda, or answer questions via the Platform for additions or alterations to the

Solicitation Documents previously supplied by the City. In addition, the City may by Addendum extend the date scheduled for Solicitation opening. The Purchasing representative will make reasonable efforts through the Platform to notify all potential Suppliers of the issuance of an Addendum. The City’s

Purchasing web site address is www.codb.us/841/Purchasing; Addenda may be found under the “Public

Solicitations” link.

Any clarification or interpretation issued by the City in the form of a written Addendum will be deemed to be a part of the Solicitation Documents. No oral clarification or interpretation will be binding. However, the Proposer is solely responsible for ensuring that the Proposal submitted reflects all such

Addenda/Questions and Answers.

5.4. EXECUTION OF OFFER

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel

(.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders https://procurement.opengov.com/portal/codb/projects/239272/document?section=2278953 will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

5.5. WITHDRAWAL OF OFFERS

The Proposer may withdraw their submission and resubmit anytime until the specified opening date and time, (i.e., the end of the Offer Phase). Once the Offer Phase has ended the City will be able to view the submissions and begin the evaluation of all Proposals received.

Mere negligence on the part of the Proposer in preparing the Offer does not constitute a right to withdraw the Proposal after opening.

5.6. OPENING DATE

The opening of Proposals will be scheduled at the date and time specified by the Solicitation, or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Proposals so long as they are proper and have been timely submitted. In recording the Proposals, the City will state the name of the Proposer. The Tabulation Sheet will be created on the Platform by the Purchasing representative. The Proposer is solely responsible to ensure that the Proposal is submitted online prior to the end of the Offer Phase. Late Submissions will not be accepted.

5.7. COOPERATIVE PURCHASING

All Proposers awarded Contracts from this Solicitation are required to permit governmental entities to participate in the Contract under the same terms, and conditions except those allowances may be made for differences in delivery costs.

5.8. GENERAL REVIEW PROCEDURES

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general review procedures for competitive sealed Offers. Under the Purchasing Code, the City Manager is required to evaluate and rank Responsive Proposals in accordance with the criteria identified in the Solicitation.

Before submitting a recommendation for final action on this Solicitation to the City Commission, the City

Manager is authorized to “shortlist’ and negotiate with one or more of the Proposers who submitted the highest ranked Proposals. As part of these negotiations, the City Manager may request revised Offers from shortlisted Proposers.

The City Manager has adopted a policy delegating the task of initially ranking Responsive Offers to a

Selection Committee. The Selection Committee may require personal interviews with Proposers before submitting its recommendations to the City Manager.

5.9. LOCAL PREFERENCE

Pursuant to the Purchasing Code, preferences may be given in the evaluation of Responsive Offers to

Local Vendor. A “Local Vendor” is a Proposer which has maintained a permanent place of business with full-time employees within the city limits of the City of Daytona Beach for a minimum of six months prior to the date Offers were received for the Contract at issue, which generally provides from such permanent place of business the kinds of services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

In order to qualify as a Local Vendor, the Proposer must submit a properly completed Local Vendor affidavit as part of its Proposal. A Proposer who fails to properly complete and sign this affidavit or submit it with the Proposal will not be considered for local preference in this Solicitation. The City is the ultimate arbiter as to whether the Proposer qualifies as a Local Vendor; and the City may require the

Proposer to submit additional documentation verifying that the Proposer qualifies as a Local Vendor.

A Proposer qualifying as a Local Vendor will be given the following Preferences:

A. At the City’s discretion, the Proposer may be given bonus points of up to 10% of the total available points used to score Offers for ranking purposes. The exact percentage awarded may be adjusted based on the extent of work to be subcontracted to non-local Vendor.

B. After the Selection Committee has evaluated and ranked Offers, if the highest-ranked Local

Proposer’s Proposal would not otherwise be among the list of the highest–ranked Proposals submitted to the City Manager, the list will be modified to include the highest-ranked Local

Vendor’s Proposal. In addition, if the evaluation criteria included price, all of the Proposers on the modified short list will be given the opportunity to submit best and final fee schedules; and final ranking provided by the Selection Committee will be based on the best and final Offers. For purposes herein, the reference to “best and final” will not serve to alter the City Manager’s authority from requiring a short listed Proposer to submit a revised Offer.

Note: If this Request for Proposals will use Federal Funding, this section will not apply.

5.10. MINORITY AND WOMEN WORK FORCE PARTICIPATION

The City has an established policy of 1) promoting Minority and Women-Owned Business Enterprise participation in business contracts and 2) requiring Proposers doing business with the City to use good faith efforts to promote cultural diversity and minority participation in the work force, including managerial positions. Proposers must provide information as part of the Proposal acknowledging its understanding and willingness to comply with the Purchasing Code of The City of Daytona Beach.

5.11. REJECTION OF OFFERS

The City reserves the right to reject any or all Proposals in whole or in part and to award by items, parts of items, or by any aggregate group of items specified. The City also reserves the right to waive technical defect when in its judgment the best interests of the City thereby will be served.

5.12. AWARD

The award will be made by the City to the Proposer most qualified and offering the best value to the City, which will be determined by evaluation of Proposals using the evaluation criteria contained in the

Solicitation, and in accordance with applicable rules and regulations governing the purchase and Contract adopted and established by the City, and the State of Florida.

Any Contract resulting from this Solicitation may, in the alternative, be awarded by the City of Daytona

Beach Community Redevelopment Agency (CRA). Therefore, any Offers submitted in response to this

Solicitation shall be deemed to be Offers to the CRA as well as the City. Any final written contract may be with the CRA instead of the City, and in such instances, any required insurance, performance and payment bonds, may be required to run in favor of the CRA in addition to or in lieu of the City.

5.13. SELECTION PROCESS

For the purpose of selecting the most qualified Proposal, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

A. The City will advertise and email notice of formal Requests for Proposals to interested

Proposers. The City’s Selection Committee will review, rank, and shortlist all Proposals received by the established deadline for submission. Oral presentations by the short-listed Proposers to clarify their Offers may be required. These presentations will serve to explain implementation techniques integral to the written Proposal. Subsequent to the receipt of Proposals, the City may schedule a time for each requested oral presentation at a place convenient to the City.

B. The City’s Selection Committee will then rank each Proposal and prepare a recommendation for approval by the City Manager. Upon receipt of the City Manager’s approval, the City’s Project

Manager shall negotiate a contract with the highest ranked Proposer(s) approved by the City

Manager. Should the Project Manager be unable to negotiate a satisfactory contract with the any of the shortlisted Proposers, the City Manager, or designee, shall terminate such negotiations with any or all of the shortlisted Proposers and begin negotiations with remaining

Proposers based on ranking, until negotiations are successful or this Solicitation is cancelled.

C. The City Commission has the sole authority to bind the City to the terms and conditions of a contract that has been approved in a public meeting of the City Commission. The City

Commission reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.14. LICENSES, PERMITS, AND FEES

All Proposals submitted shall include in the price the cost of any business or professional licenses, permits or fees required by the City and any agency having jurisdiction over the Services solicited through this Request for Proposal.

5.15. PATENT INFRINGEMENT

By submission of a Proposal, the Proposer certifies that the Services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Proposer shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

5.16. TAXES

All Proposals shall be exclusive of federal taxes. Tax exemption certificates will be furnished upon request.

5.17. FLORIDA PUBLIC RECORDS LAW

Sealed Offers received by the City pursuant to the Request for Proposals will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. F.S. §119, states that Offers are not public record for 30 days from the date of the opening of the Offers or the date a Notice of Intent to

Award is posted, whichever is first. Thereafter, all Offers will be open for a personal inspection by any person pursuant to Public Records Law.

If the Proposer believes that the Offer or any portion thereof is permanently exempt from disclosure under the public records laws, the Proposer must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Offer opening. The Proposer will be contacted prior to the opening of the Offer and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Proposer may in writing request the return of the sealed Proposal.

5.18. QUALIFYING PROPOSERS

Prior to awarding of Offer, the City may require submission by Proposer of complete financial statement and questionnaire describing Proposer’s financial ability and experience in performance of similar work.

5.19. RULES AND REGULATIONS

All work performed under this agreement shall be in strict compliance with local, State and Federal laws, rules and regulations. Proposer shall assume all liability for fines and penalties assessed by the authorities for any infractions.

5.20. NO COSTS

The City of Daytona Beach bears no responsibility for any costs incurred in the preparation of the

Proposal.

5.21. INTERNET/WEB SERVICES

For the purposes of this paragraph, any Services or products offered to the public via the internet or online must comply with WCAG 2.0 AA in order to be deemed ADA compliant. The City will provide

Contractor with prompt written notice with respect to any ADA deficiencies of which the City is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice, or other governmental entity tasked with the enforcement of the ADA ("Enforcement Agency") notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the City, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency.

Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the City against any and all claims, sanctions, or penalties assessed against the City, which claims, sanctions, or penalties arise or otherwise result from the Contractor's failure to comply with the

ADA or WCAG 2.0 AA, for online or internet services or products.

5.22. FEDERAL CONTRACT PROVISIONS

This is an acknowledgment that FEMA financial assistance may be used to fund the agreement. The Contractor will comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives. The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards. Contractor shall ensure that all subcontracts comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives.

A. Equal Employment Opportunity. For all contracts for construction work which is defined as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

This requirement applies to all FEMA grant and cooperative agreement programs.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of

September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

B. Contract Work Hours and Safety Standards Act. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement…