RFP_24-027_Building_Department_Services.pdf

CITY OF DANIA BEACH, FLORIDA

REQUEST FOR PROPSALS FOR

BUILDING DEPARTMENT SERVICES

City Request for Proposals (“RFP”) No. 24-027

Prepared by:

City of Dania Beach, Florida

100 W. Dania Beach Boulevard Dania Beach, FL 33004

October 10, 2024

REQUEST FOR PROPOSAL FOR

“BUILDING DEPARTMENT SERVICES”

City Request for Proposal (“RFP”) No. 24-027

NOTICE TO PROPOSERS

NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals from qualified and licensed firms for “BUILDING DEPARTMENT SERVICES”, RFP 24-027”.

Documents may be obtained from The City’s OpenGov portal at https://procurement.opengov.com/portal/daniabeachfl. For additional information concerning this proposal, please contact the Procurement Department at procurement@daniabeachfl.gov.

Electronic proposals must be received no later than 10:00 A.M. on NOVEMBER 8, 2024. Proposals will be publicly opened at 10:00 A.M. on that same day utilizing Microsoft Teams meeting software.

Proposals must be submitted to the City’s OpenGov portal.

The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to waive any informality in a proposal, to terminate the process or re-advertise and solicit new or additional proposals, and to make awards in the best interest of the City.

MANDATORY PRE-PROPOSAL MEETING

A pre-proposal meeting will not be held.

PROPOSAL SUBMISSION

Proposals must be submitted electronically on OpenGov, the City’s designated electronic bidding system. All bid document files must be clearly labeled “BUILDING DEPARTMENT SERVICES”, RFP 24-027”.

Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days after opening, or award of Proposal, whichever is sooner. In the event presentations are necessary, all responders will be required to exit the room during the presentations of the other responders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws.

https://procurement.opengov.com/portal/daniabeachfl mailto:procurement@daniabeachfl.gov

Proposals will be publicly opened and read aloud at 10:00 A.M., on the Proposal due date referenced above using Microsoft Teams meeting software on the above stated date and may be joined by utilizing this link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDVmY2VkNmUtNWFmMi00MjU0LWJlMjEtMDQ4MDQxYmQyNWRi%40thread.v2 /0?context=%7b%22Tid%22%3a%226495b0d2-76aa-4ce0-8735- 1233202a940c%22%2c%22Oid%22%3a%229b55967f-96b3-4a4c-aaf6-11ec6dc72083%22%7d

Award of a contract for will be made at a subsequent City Commission meeting.

All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City Proposals.

The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals, to waive any informality in a Proposal and to make an award in the best interests of the City.

Published on: October 11, 2024 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDVmY2VkNmUtNWFmMi00MjU0LWJlMjEtMDQ4MDQxYmQyNWRi%40thread.v2/0?context=%7b%22Tid%22%3a%226495b0d2-76aa-4ce0-8735-1233202a940c%22%2c%22Oid%22%3a%229b55967f-96b3-4a4c-aaf6-11ec6dc72083%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDVmY2VkNmUtNWFmMi00MjU0LWJlMjEtMDQ4MDQxYmQyNWRi%40thread.v2/0?context=%7b%22Tid%22%3a%226495b0d2-76aa-4ce0-8735-1233202a940c%22%2c%22Oid%22%3a%229b55967f-96b3-4a4c-aaf6-11ec6dc72083%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDVmY2VkNmUtNWFmMi00MjU0LWJlMjEtMDQ4MDQxYmQyNWRi%40thread.v2/0?context=%7b%22Tid%22%3a%226495b0d2-76aa-4ce0-8735-1233202a940c%22%2c%22Oid%22%3a%229b55967f-96b3-4a4c-aaf6-11ec6dc72083%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDVmY2VkNmUtNWFmMi00MjU0LWJlMjEtMDQ4MDQxYmQyNWRi%40thread.v2/0?context=%7b%22Tid%22%3a%226495b0d2-76aa-4ce0-8735-1233202a940c%22%2c%22Oid%22%3a%229b55967f-96b3-4a4c-aaf6-11ec6dc72083%22%7d

1. INSTRUCTION TO PROPOSERS

The following instructions are given for the purpose of guiding Proposers in properly preparing their Proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions.

1.1 Qualifications of Proposers: No Proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Dania Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Dania Beach. Minority, women-owned, and labor surplus area businesses and firms are encouraged to submit Proposals.

1.2 Personal Investigation: Proposers shall satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the City staff or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Project Contact person of all conflicts, errors and discrepancies, if any, in the Proposal Documents.

The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work.

1.3 Inconsistencies: Any seeming inconsistency between different provisions of specifications, Proposal or contract, or any point requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the time set for opening Proposals. After Proposals are opened, the Proposers shall abide by the decision of the City Manager or designee as to such interpretation.

1.4 Omission of Details, Variances and Exceptions. The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified.

For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations, corrections or both will be interpreted to mean that the Proposer meets all the requirements in every respect.

1.5 Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. All costs and compensation shall remain firm and fixed for acceptance for 120 calendar days after the day of the Proposal opening. The Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation.

1.6 Performance Bond and Insurance: Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds, payment bonds or both. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified.

1.7 Addenda and Interpretations: No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any Proposer. Prospective Proposers must submit all requests or questions in writing through the City’s OpenGov Portal by 5:00 p.m. on November 1, 2024. Any and all interpretations and any supplemental instructions will be in the form of a written addenda which, if issued, will be posted to the solicitation in OpenGov. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under the Proposal as submitted. All addenda so issued shall become a part of the contract document. Contractor shall verify that it has all addenda before submitting a Proposal.

1.8 Non Collusion Affidavit: Each Proposer shall complete the Non-Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal.

1.9 Public Entity Crimes: Each Proposal shall complete the Public Entity Crimes form. In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract 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 Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.

1.10 Conflict of Interest: The award of any contract under this RFP is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposals must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies.

1.11 Legal Conditions: Proposers are expected to familiarize themselves with the provisions of the laws of the United States and State of Florida, and with the provisions in the Charter and the ordinances of the City of Dania Beach.

1.12 Forms and Proposals: Proposals will be received until November 8, 2024, at 10:00 a.m. by submission to OpenGov. Each Proposal and its accompanying statements must be made on the blanks provided. The forms must be submitted in good order and with all the blanks filled in.

1.13 All Proposals must be submitted electronically on OpenGov. The Proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s principal's properly written authority to such deputy or subordinate must accompany the Proposal. No Proposal will be accepted, for any reason whatsoever, which is not submitted as stated above, within the specified time. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer.

1.14 Proposal Bond: Not required

The above bond or check shall be a guarantee that the Proposer will, if necessary, promptly execute a satisfactory Contract and furnish good and sufficient bonds. As soon as a satisfactory Contract has been executed and the bonds furnished and accepted, the check or bond accompanying the Proposal of the successful Proposer will be returned to it. The certified or other checks or bid bonds of the unsuccessful Proposers will be returned to it upon the acceptance of the Proposal of the successful Proposer. If the successful Proposer shall not enter into, execute, and deliver such a Contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Dania Beach as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture.

1.15 Filling in Proposals: All prices must be written in the Proposal and also stated in words, and all Proposals must fully cover all items for which Proposals are asked and no other. Proposers are required to state the names and places of residence of all persons interested, and if no other person is interested, the Proposer shall distinctly state such fact and shall state that the Proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested or their legal representative disclose such fact in writing to the City.

1.16 Proposals Firm for Acceptance: Proposer warrants, by virtue of proposing, that the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of Proposal opening.

1.17 Withdrawals: Any Proposer may, without prejudice, withdraw a Proposal at any time prior to the expiration of the time during which Proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the Proposal. After expiration of the period for receiving Proposals, no Proposal can be withdrawn, modified, or explained. Should Proposer withdraw its Proposal after expiration of the period for receiving Proposals, its bond shall be retained by the City.

1.18 Causes for Rejection: No Proposal will be canvassed, considered, or accepted which, in the opinion of the City Manager, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. Any alteration, erasure, interlineations, or failure to specify Proposals for all items called for in the schedule shall render the Proposal informal.

1.19 Rejection of Proposals: To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind.

The City Commission reserves the right to reject any Proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is properly qualified to carry out the obligations and to complete the work contemplated. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among Proposers.

A Proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive any and all informalities and irregularities, and to accept or reject all or any part of any Proposal as they deem to be in the best interest of the citizens of the City of Dania Beach, or the City may reject Proposals and re-advertise.

1.20 RFP Protest Procedure: After a Notice of Intent to Award a contract is posted, any actual or prospective manufacturer or distributor claiming to be aggrieved in connection with the pending award of the Contract, or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the written protest, together with an RFP Protest Bond, is both timely received by the City Manager’s Office.

An RFP Protest Bond is to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check. The amount of the RFP Protest Bond shall be one percent (1%) of the amount of the pending award for which the bidder is protesting, or five thousand dollars ($5,000.00), whichever is less.

1.21 Protest Committee: The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager.

If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct all appropriate steps be taken to remedy it.

In the event of a timely protest, the City Manager shall stay the award of the Contract, unless after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager then determines that the award of the contract is necessary without delay to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest.

1.22 Award of Proposal: The City Commission will award the Proposal to the most responsible and responsive lowest price Proposer that meets the qualifications identified in Section 1.1, entitled Qualification of Proposers. The Contractor awarded the Proposal must have satisfactory references.

1.23 Agreement: The Proposer(s) to whom or to which an award is made shall execute a written agreement to do the work in the form attached to this RFP. The award may be canceled by the City Commission and awarded to the next lowest priced responsible and responsive Proposer. If this occurs, such Proposer shall fulfill every stipulation as if it were the original party to whom or to which an award was made. The Agreement will include specific insurance, performance bond, and indemnification requirements as set forth in the attached specifications. Proposers must submit any questions, issues, or concerns with the terms, language or both in the attached Agreement by the deadline for submitting requests for interpretations.

1.24 Payment: Payment will be made when all work is completed to the satisfaction of the City

Manager or designee. Successful Proposer shall submit invoices regularly, for no more than 30-day periods, as work progresses.

1.25 Audit of Contractor’s Records: Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. The City may also require submittal of the records, at no cost to the City, from the Contractor, any subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the Contract provisions.

Failure of the Contractor or subcontractor to comply with these requirements may result in disqualification or suspension from bidding or proposing for future contracts or disapproval as a subcontractor at the option of the City. The Contractor shall assure that a subcontractor will provide access to its records pertaining to the services upon request by the City.

1.26 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors who apply or submit a Proposal for an award of $100,000.00 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

1.27 City: Failure by City to respond to an inquiry shall not excuse late or incomplete submissions.

1.28 Lobbyists: Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their principals or employers attending such meeting, are required to complete a Contact Log contemporaneously with a lobbyist meeting. City of Dania Beach Code of Ordinances, Article XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists to register with the

City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the City of Dania Beach other than the City Clerk or designated representative regarding the RFP shall be grounds for elimination and disqualification from the selection process.

2. SUBMISSION OF PROPOSALS

2.1 Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer should be initialed.

2.2 All Proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars.

2.3 Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the Proposer. The address and telephone number for any communications regarding the Proposal must be included.

2.4 Proposals shall contain an acknowledgment of receipt of all addenda.

2.5 Proposals by corporations must be executed in the corporation’s legal name by the

President or other corporate officer, accompanied by evidence of authority to sign.

2.6 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature.

2.7 Proposals shall be submitted to the Procurement Division on or before the time indicated in the Request for Proposals by the methods described above. City Clerk’s Office staff is not responsible for the premature opening of a Proposal that is not identified.

2.8 In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses to it are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential, proprietary or both which may be considered exempt under Florida Statute §119.07(t).

2.9 All Proposals received from Proposers in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City.

2.10 The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation, presentation, or both.

3. QUALIFICATIONS OF PROPOSALS

3.1 The Proposer must have been actively in business performing building department services for at least the past five (5) years, preferably in the South Florida area. The Proposer must have a minimum of three (3) years of experience with performing Services similar to what is required for this project, i.e., providing such Services to a municipality.

3.2 Each Proposer shall complete the Proposal’s Qualifications Statement and submit the form with the Proposal. Failure to submit the Proposer’s Qualifications Statement and the documents required under it may constitute grounds for rejection of the Proposal.

3.3 As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer’s officers and employees, by the Broward County Sheriff’s Office. Proposer’s submission of a Proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer’s qualifications.

3.4 No Proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by City. City will be the sole judge of such determination. The City reserves the right to make a pre-award inspection of the Proposer's facilities and equipment prior to award of Contract.

3.5 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions.

4. SCOPE OF WORK

The City of Dania Beach is seeking proposals from qualified and experienced firms to provide supplemental Building Division services for the Community Development Department. The successful firm shall be an independent contractor. The individuals assigned to work for the City shall be employees of the firm and shall be subject to approval by the City. Neither the firm nor the firm’s employees shall be City employees.

The desired services include but are not limited to:

• Plans examination and inspections

• Administrative duties related to the implementation and enforcement of the

Florida Building Code, City Code and other applicable Broward County, State of Florida and Federal regulations.

• Electronic Plan Review (EPR) services with applicable software. EPR software integration with Bluebeam software is preferred.

• Other related assignments and services may be performed as directed by the City; i.e. post disaster service, staffing for emergency operations center (EOC), support the Unsafe Structure Board, Building Official services, City building assessments, governmental coordination, American Disabilities Act (ADA) coordinator.

5. SUBMITTAL REQUIREMENTS

Proposers shall include the following information in their Proposal as described below:

5.1 Firm Qualifications: Provide the following information regarding your firm. If you intend to subcontract some of the proposed work to another firm, similar information should be provided for each sub-contractor or sub-consultant:

a) Provide the names and curriculum vitae of your firm’s principals.

Indicate the amount of involvement the principal(s) will have on this account.

b) Provide a list of ongoing contracts and projects with their current status and projected termination dates.

c) Provide a list of the professional and trade services with an estimate of the number of qualified personnel that can be dedicated to fulfilling this

RFP.

5. 2 Firm Background: Describe the organization, date founded, office location and ownership of the firm.

5.3 Relevant Experience: Provide a list of five (5) similar contracts for services within the last three (years) years provided to other municipalities, together with current contact names and telephone numbers with each municipality; contact persons must be able to speak about the performance of the Proposer. The form for the submission of the information is attached as Exhibit “A” and is made a part of and is incorporated into this RFP by this reference.

5.4 Approach: Provide a proposed approach to conduct and complete services outlined in the Scope of Work.

5.5 Cost Proposal: Provide the firm’s proposed fee schedule for requested services

The following is a summary of documents required to be submitted for this Proposal.

Failure to include a technical Proposal, cost Proposal, Proposal surety (if required), or any other document that, by its omission, may prejudice the rights of other possible Proposers or respondents, may result in immediate rejection of a Proposal.

The Forms are as follows:

Exhibit “A” Proposer’s Qualifications Exhibit “B” Public Entity Crimes Form Exhibit “C” Non-Collusion Affidavit Exhibit “D” Drug-Free Workplace Certification Exhibit “E” Acknowledgement of Addenda

Exhibit “F” References Exhibit “G” Certification to Accuracy of Proposal Exhibit “H” Affidavit of Compliance with Anti-Human Trafficking Laws

Other forms or documents which, by their nature do not impact price or the Proposer’s cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City’s request to be considered responsive.

The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability.

6. EVALUATION METHOD AND CRITERIA

Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other persons selected by the City Manager or designee. Proposals shall be evaluated based upon the information and references contained in the responses as submitted. The Evaluation Committee will evaluate all responsive proposals at duly advertised public evaluation meetings in accordance with Florida law. The City reserves the right to award the contract to the Proposer which will best serve the interest of the City.

The scoring of the Proposals by the Evaluation Committee will be based on a point total and not a percentage factor. The Evaluation Committee will evaluate and rank the Proposals received on the basis of the criteria and available points indicated below:

CRITERIA MAXIMUM POINTS

Firm Qualifications & Background

Relevant Experience

Approach

Cost Proposal

References 10

Total 100

AWARD OF AGREEMENT

Award shall be made by the City to the responsible Proposer whose Proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth below. The City of Dania Beach reserves the right to accept the Proposal as a whole, or for any component of it if it appears to be in the best interest of the City.

CONTRACT TERM

The initial Contract period shall be for three years (3) years. In addition, contingent upon Budget approval, the City reserves the right to renew the contract for one (1), additional two (2) year period, under the same terms, conditions, and specifications, by written notification to the Contractor by the City.

7. PUBLIC RECORDS:

If selected, the following will apply:

7.1 Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Proposer shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City.

7.2 Upon request from the City custodian of public records, Proposer shall provide the

City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.

7.3 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the Agreement are and shall remain the property of the City.

7.4 Upon completion of the Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Proposer shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

7.5 Any compensation due to Proposer shall be withheld until all records are received as provided in this RFP.

7.6 Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of the Agreement by the City.

7.7 Section 119.0701(2)(a), Florida Statutes

IF THE PROPOSER HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THE CONTRACT, THE PROPOSER MUST CONTACT THE

CITY CUSTODIAN OF PUBLIC RECORDS.

Custodian of Records: ELORA RIERA, CITY CLERK

Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004

Telephone number: 954-924-9800, Ext. 3623

Email: eriera@daniabeachfl.gov

8. INSURANCE REQUIREMENTS

1.1 Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of the agreement that are applicable to Proposer, its employees, agents, or subcontractors, if any, with respect to the work and services described in this RFP.

1.2 Proposer shall obtain at Proposer’s expense all necessary insurance in such form and amount as required by this Proposal or by the City’s Risk Manager before beginning work under the Agreement. Proposer shall maintain such insurance in full force and effect during the life of the Agreement. Proposer shall provide to the City’s Risk Manager current certificates of all insurance required under this section prior to beginning any work under the Agreement.

1.3 Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of a Proposer to obtain or maintain such insurance.

1.4 The following are required types and minimum limits of insurance coverage, which the

Proposer agrees to maintain during the term of this contract:

The Contractor (the term “Contractor” refers to the successful Proposer in this RFP) shall not commence Work under the Agreement until Contractor has obtained all insurance required in this RFP, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the subcontractor and all Coverages required of any subcontractor have been obtained and approved in writing by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions.

The following are requirements that must be met regarding the Proposer’s delivery of Certificates of Insurance for all coverages required in the Agreement and Proposal Documents:

mailto:eriera@daniabeachfl.gov

“Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with a Proposal submittal on the date and time of the Proposal opening.

If the “preliminary” certificates are not included with a Proposal submittal, then the City has the right to consider the submitted Proposal as non-responsive on the date and time of the Proposal opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Contractor does understand that all provisions, including “Special Provisions” noted below are expected to be fully documented on or attached to the “Official” Certificates of Insurance as described below.

“Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered on or before the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Apparent Low Proposal”, then the City has the right to consider the awarded Agreement to the successful Proposer as void and to negotiate a agreement with the next lowest responsive and responsible Proposer.

“Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates.

All Certificates of Insurance must clearly identify the agreement to which they pertain, including a brief description of the subject matter of the agreement.

The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing.

Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect.

THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT

PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT,

UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND

EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN

COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS

FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER

APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR

ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING

CONTRACTOR DELAY.

The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Contractor shall be responsible for any deductible amounts.

Comprehensive General Or Commercial Liability Insurance is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office.

Special Provisions As To General Liability Insurance: (to be confirmed on or attached to the Official Certificate of Insurance) Annual Aggregate shall apply “Per Job”;

• “The City of Dania Beach, Florida” is added as a named “Additional Insured”;

• Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work;

• Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04);

• Contractor’s insurance shall be primary and non-contributory;

• Waiver of Subrogation in favor of the City;

• 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification);

and

• Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.

• Workers’ Compensation Insurance shall be maintained by Contractor and any subcontractors during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. In the case any work is sublet as otherwise addressed in the Agreement or Proposal Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability limits Part B.

• In no event shall the Contractor be permitted to utilize in the prosecution of the work, the following: i) any employee, subcontractor or subcontractor employee who is exempted or purported to be exempt from workers’ compensation insurance coverage; or ii) any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement.

• Special Provisions As To Workers’ Compensation Insurance: (to be confirmed on or attached to the Official Certificate of Insurance)

• 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification).

• Waiver of Subrogation.

• Business Automobile Liability Insurance shall be maintained, per occurrence with combined single limits for Bodily Injury Liability and Property Damage Liability of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned vehicles. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office.

• Special Provisions As To Automobile Liability Insurance: (to be confirmed on or attached to the Official Certificate of Insurance).

• “The City of Dania Beach” is added as a named “Additional Insured”.

• 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification);

and Waiver of Subrogation.

• Subcontractor Insurance. Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverages that the Contractor may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors will be the sole responsibility of the Contractor.

9. INDEMNIFICATION

9.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub-Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b).

violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub-contractor under Workers’ Compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney fees, incurred by the City to enforce this agreement shall be borne by the Contractor. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Successful Proposer further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other related costs and expenses, even if the claim(s) is groundless, false, or fraudulent. Pursuant to Section 725.06, Florida Statutes, the indemnification required by this Section is limited to $1,000,000.00, which the parties agree bears a reasonable commercial relationship to the Agreement. In case of injury to persons, animals, or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards, and signals or by reason of any negligence of any Successful Proposer, or any of the Successful Proposer’s agents, servants, or employees during the performance of the work before the estimates have become due under this Agreement, the City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as hereinabove set forth.

9.2 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the Contractor and that Section 725.06, Florida Statutes, requires a specific consideration to be given. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is acknowledged and agreed upon, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify.

9.3 Upon completion of all Services, obligations and duties provided for in the Agreement, or in the event of termination of the Agreement for any reason, the terms and conditions of this provision shall survive indefinitely.

9.4 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney fees) and costs.

9.5 The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained in this RFP is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute Section 768.28 as amended from time to time.

10. INDEPENDENT CONTRACTOR

An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under the Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal…