REQUEST FOR LETTER OF INTEREST

RLI 27-003

CONSTRUCTION ENGINEERING AND INSPECTION (CEI)

SERVICES FOR SR A1A IMPROVEMENTS PROJECT

Non-Mandatory Pre-Submittal Conference:

October 20, 2026, 10:00 AM Virtual Zoom Meeting

Responses Due: November 10, 2026, 2:00 PM

Virtual Zoom Meeting

For access, go to:

https://pompanobeachfl.gov/pages/meetings https://pompanobeachfl.gov/pages/meetings

RLI27-003 Page 2 of 18

Issue Date: October 8, 2026

CITY OF POMPANO BEACH, FLORIDA

REQUEST FOR LETTER OF INTEREST (RLI)

RLI 27-003 CONSTRUCTION ENGINEERING AND

INSPECTION (CEI) SERVICES FOR SR A1A IMPROVEMENTS PROJECT

The City of Pompano Beach (the “City”) invites professional companies/firms to submit a Letter of Interest (RLI) to provide construction engineering and inspection (CEI) services for the SR A1A Improvements Project to the City.

The selected firm shall demonstrate specific experience and capabilities and must have qualified personnel and expertise in the specified disciplines.

This RLI is subject to the “Cone of Silence,” which imposes certain restrictions on communications concerning the

RLI process. The Cone of Silence shall take effect once this solicitation is released to the General Public and shall remain in effect until the City Commission has taken final action to approve or reject an award. The “Cone of

Silence” shall terminate upon the City’s award or approval of a contract, rejection of all proposals or responses, or any other formal action that concludes the solicitation or other procurement process. For confirmation of the official termination date of the Cone of Silence, contact the Purchasing Agent of record. During the Cone of Silence period, Respondents to this solicitation, or persons acting on their behalf, including lobbyists, shall not communicate, directly or indirectly, regarding any aspect of this solicitation with any member of the City Commission, the City

Clerk, the City Manager’s Office, any Evaluation Committee member, or any other City of Pompano Beach employee, except in writing to the Procurement and Contracts Department staff as expressly permitted in this solicitation. Violation of the Cone of Silence may be grounds for rejection of a Proposal or other appropriate action as permitted by City ordinance.

Any firm or lobbyist for a firm is prohibited from having any communications concerning any solicitation for a competitive procurement with any member of the City Commission, City Clerk, City Manager’s Office, any

Evaluation Committee Member, or any other City of Pompano Beach employee after Procurement and Contracts releases a solicitation to the General Public. All communications must go through the eBid System (OpenGov) or the

Purchasing Agent assigned to this solicitation, Cynthia Gomez, at 954-786-4166, or cynthia.gomez@copbfl.com.

No other member of the City Commission, City Clerk, City Manager’s Office, any Evaluation Committee Member, or any other City of Pompano Beach employee should be contacted concerning this RLI. Any information that amends any portion of this RLI received by any method other than an Addendum issued to the RLI is not binding on the City of Pompano Beach.

The City will receive responses by the date and time stated in Schedule of Events. Responses must be submitted electronically through the eBid System (OpenGov) on or before the due date and time as provided herein. Any response received after the due date and time specified will not be considered. Any uncertainty regarding the time a response is received will be resolved against the firm.

Firms must be registered on the City’s eBid System to view the solicitation documents and respond to this Solicitation.

The complete solicitation document can be downloaded for free from the eBid System as a PDF at https://procurement.opengov.com/login. The City is not responsible for the accuracy or completeness of any documentation the firm receives from any source other than the eBid System. The firm is solely responsible for downloading all required documents. To attend the virtual public meeting, go to https://www.pompanobeachfl.gov/pages/meetings to find the Zoom link.

mailto:cynthia.gomez@copbfl.com https://procurement.opengov.com/login https://procurement.opengov.com/login https://www.pompanobeachfl.gov/pages/meetings

RLI27-003 Page 3 of 18

SCHEDULE OF EVENTS

ITB documents and Addenda(s) are available and can be downloaded for free from the eBid System as a pdf at: https://procurement.opengov.com/login

RLI NUMBER: RLI27-003

RLI TITLE:

CONSTRUCTION ENGINEERING AND

INSPECTION (CEI) SERVICES FOR SR A1A

IMPROVEMENTS PROJECT

RELEASE DATE: October 8, 2026

DATE PUBLISHED IN SUN-SENTINEL October 11, 2026

PRE-SUBMITTAL CONFERENCE - VIRTUAL

ZOOM MEETING:

October 20, 2026, at 10:00 A.M.

WRITTEN QUESTIONS AND INQUIRIES ARE

DUE ON OR BEFORE:

October 27, 2026, at 5:00 P.M.

RLI RESPONSES DUE DATE/TIME: November 10, 2026, at 02:00 P.M.

EVALUATION COMMITTEE MEETING: December 3, 2026, at 10:00 A.M.

RECOMMENDATION FOR AWARD: TBD

DIRECT ALL INQUIRIES TO: https://procurement.opengov.com/login

E-RESPONSE SUBMITTALS ONLY: https://procurement.opengov.com/login

RESPONSE VIRTUAL OPENING: https://www.pompanobeachfl.gov/meetings

Non-Mandatory Pre-Submittal Meeting

The non-mandatory Pre-Submittal Meeting will be held via a Virtual Zoom Meeting on the date and time stated in Schedule of Events. Attendance at the Pre-Submittal Meeting is non-mandatory. The Zoom link is available on the City’s Meetings webpage: https://www.pompanobeachfl.gov/meetings

A. Introduction

The City of Pompano Beach is seeking qualified professional firms to provide Construction Engineering and Inspection (CEI) services for SR A1A improvements project.

The limits are calculated annually based on the Consumer Price Index (CPI) or as determined by the

Department of Financial Services.

Respondents are responsible for ensuring that their proposals align with the applicable statutory limits in effect at the time of submission and contract execution.

B. Scope of Services

The City intends to issue a single contract to a professional firm to provide Construction Engineering and

Inspection (CEI) services for the SR A1A Improvements project. The selected firm(s) shall provide comprehensive CEI services in accordance with the Florida Department of Transportation (FDOT)

Construction Project Administration Manual (CPAM) and District-specific requirements, where applicable.

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RLI27-003 Page 4 of 18

The scope of services may include, but is not limited to, the following:

• Pre-Construction Tasks: Review contract plans and specifications, review contractor schedules, conduct the pre-construction conference, and perform initial utility coordination.

• Construction Monitoring Tasks and Project Administration Assistance: Perform daily on-site inspections and environmental reviews, verify Maintenance of Traffic (MOT) compliance, track construction progress, and review monthly progress estimates; conduct progress meetings and prepare minutes; and assist with pay applications, change order reviews, invoice submittals to the FDOT, and the reimbursement process, where applicable.

• Close-Out Tasks: Produce the punch list, review final as-built drawings, conduct the final inspection, compile final payment and backup documentation, execute project close-out documentation, and submit the final certification to the FDOT, where applicable.

Firms must have previous municipal and/or Florida Department of Transportation (FDOT) experience and must be licensed to practice engineering in the State of Florida in accordance with Chapter 471, Florida

Statutes, by the Florida Board of Professional Engineers.

C. Minimum Qualifications and Submittal Requirements

In addition to the requirements stated elsewhere in this RLI, submittals must explicitly document the following minimum qualifications:

• Current State of Florida Professional Engineering (PE) license.

• Current FDOT Pre-qualification in Work Group 10.1 (Roadway Construction Engineering

Inspection).

• Construction Training Qualification Program (CTQP) certifications for the proposed inspection and testing personnel.

• Experience managing locally funded projects on the State Highway System (Local Agency

Program (LAP) experience), if applicable.

• Resumes of the proposed Senior Project Engineer and Lead Inspector.

• Proof of the required professional liability insurance.

D. Term of Agreement/Contract

The contracts will be for a term of five (5) years with no renewals, commencing upon award by the appropriate City officials.

E. Project Web Requirements:

1. This project may utilize the City-provided project management software web-based project management tool. This application is a collaboration tool that provides all project team members with continuous access to essential project data and up-to-the-minute decision and approval status information through the Internet. The City’s project management software is a comprehensive system that will be used to manage all project documents, communications, and costs between the City, lead consultants, sub-consultants, design consultants, contractors, and other stakeholders. City-provided project management software includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment accessible to all parties and easy to use. Training will be provided for all companies/firms selected to provide services for the City of Pompano Beach.

2. Lead and sub-consultants shall conduct project controls outlined by the City project manager, and/or construction manager, utilizing City-provided project management software. The city shall provide the

RLI27-003 Page 5 of 18 designated web-based application license(s) to the prime consultant and sub-consultants. No additional software will be required.

The lead consultants and sub-consultants shall be responsible for logging into the project website daily and, as necessary, staying fully apprised of project developments and required action items. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident

Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Correspondence, Daily

Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for

Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, City Change Directives, Potential Change Orders, Change Order Requests, Change Orders and the like. All supporting data, including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety SDS sheets, Substitution Requests, and the like, will be submitted in digital format via the project management system.

F. Local Business Program

The Procurement and Contracts staff will evaluate this section. On March 13, 2018, the City Commission approved Ordinance 2018-46, establishing a Local Business Program, a policy to increase the participation of City businesses in the City's procurement process.

For purposes of this solicitation, “Local Business” will be defined as follows:

TIER 1 LOCAL VENDOR.

POMPANO BEACH BUSINESS EMPLOYING POMPANO BEACH RESIDENTS. A business entity that has maintained a permanent place of business within the City limits and maintains a staffing level, within this local office, of at least ten percent who are residents of the City, or includes subcontracting commitments to

Local Vendors Subcontractors for at least ten percent of the contract value. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the city. In addition, the business must have a current business tax receipt from the city for a minimum of one year prior to the date of issuance of a solicitation.

TIER 2 LOCAL VENDOR.

BROWARD COUNTY BUSINESS EMPLOYING POMPANO BEACH RESIDENTS OR UTILIZING

LOCAL VENDOR SUBCONTRACTORS. A business entity, which has maintained a permanent place of business within Broward County and maintains a staffing level, within this local office, of at least 15% who are residents of the City, or includes subcontracting commitments to Local Vendors Subcontractors for at least

20% of the contract value. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the City. In addition, the business must have a current business tax receipt from the respective Broward County municipality for a minimum of one year prior to the date of issuance of a solicitation.

LOCAL VENDOR SUBCONTRACTOR.

POMPANO BEACH BUSINESS. A business entity that has maintained a permanent place of business within

RLI27-003 Page 6 of 18 the City limits of the City. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the city. In addition, the business must have a current business tax receipt from the city for a minimum of one year prior to the date of issuance of a solicitation.

You can view the list of City businesses with a current Business Tax Receipt on the City’s website and locate local companies that are available to perform the work required by the ITB scope of services. The business information, sorted by business use classification, is posted on the Business Tax Receipt Division webpage:

www.pompanobeachfl.gov by selecting the Pompano Beach Business Directory in the Shop Pompano!

Section.

The City of Pompano Beach is strongly committed to insuring the participation of Local Vendors as contractors and subcontractors for the procurement of goods and services. Bidders are required to participate in the City of Pompano Beach's Local Business Program by including, as part of their Bid package, the Local

Vendor Participation Form (Exhibit "A") and the Letter of Intent Form (Exhibit "B"). Bidders who are unable to meet the required goals should also provide the Local Vendor Unavailability Form and Good Faith Effort

Report (Exhibits "C" and "D").

The City shall award a Local Vendor preference based upon vendors, contractors, or subcontractors who are local as follows:

a) For Bid evaluation purposes, Tier 1 business as defined by this subsection shall be granted a preference in the amount of 5% of any Bid or five points of any proposal score. If the Tier 1 business submits a second Bid which is at least 1% lower than that lowest responsive Bid/quote, then the award will go to the Tier 1 business. If not, the award will be made to the business that submits the lowest responsive

Bid/quote. If the lowest responsive and responsible Bidder is also a Tier 1 business, the award will be made to that business and no other Bidders will be given an opportunity to submit additional Bids as described herein.

b) For Bid evaluation purposes, Tier 2 business as defined by this subsection shall be granted a preference in the amount of 2.5% of any Bid or two and one-half points of any proposal score. If the Tier 2 business submits a second Bid, which is at least 1% lower than that lowest responsive Bid/quote, then the award will go to the Tier 2 business. If not, the award will be made to the business that submits the lowest responsive Bid/quote. If the lowest responsive and responsible Bidder is also a Tier 1 business, the award will be made to that business and no other Bidders will be given an opportunity to submit additional Bids as described herein.

c) If there is a Tier 1 business and/or Tier 2 business participating in the same Bid solicitation and all businesses qualify to submit a second Bid as detailed above, the Tier 1 business will be given first option, the Tier 2 business will be given second option. If the Tier 1 business is not the lowest Bid received by at least 1%, then an opportunity will be given to the Tier 2 business. If the Tier 2 business is not the lowest Bid by at least 1%, then the Bid will be awarded to the lowest Bidder regardless of geographic location of the business.

BIDDERS APPLYING FOR TIER 1 STATUS, OR THOSE LISTING LOCAL SUBCONTRACTORS

OR SUBCONSULTANTS IN EXHIBIT A, MUST PROVIDE A VALID CITY OF POMPANO

BEACH BUSINESS TAX RECEIPT FOR THE BIDDERS AND FOR EACH LOCAL

SUBCONTRACTOR OR SUBCONSULTANT IDENTIFIED. FAILURE TO INCLUDE THE

REQUIRED BUSINESS TAX RECEIPT(S) WILL RESULT IN THE DISQUALIFICATION OF THE

http://pompanobeachfl.gov/index.php/pages/dev_scv_btr/btr

RLI27-003 Page 7 of 18

SUBCONTRACTOR OR SUBCONSULTANT FROM THE LOCAL BUSINESS PROGRAM

(SECTION 6.5) AND THE LOSS OF ALL ASSOCIATED POINTS.

IF A BIDDER IS NOT CLAIMING PARTICIPATION IN ANY LOCAL BUSINESS PROGRAM

TIER, THE REQUIRED FORMS (EXHIBITS A THROUGH D, AS APPLICABLE) MUST STILL

BE SUBMITTED AND CLEARLY MARKED “NOT APPLICABLE” THROUGHOUT.

PROPOSALS SUBMITTED WITHOUT THE REQUIRED DOCUMENTATION WILL BE

DEEMED NON-RESPONSIVE AND INELIGIBLE FOR AWARD.

G. Required Proposal Submittal

Sealed proposals shall be submitted electronically through the eBid System on or before the due date and time as provided herein.

Information to be included in the proposal: To maintain comparability and expedite the review process, proposals must be organized as specified below, with sections clearly labeled.

Title page:

Show the RLI number, the name of the Firm’s company/firm, address, telephone number, name of the contact person, and the date.

Table of Contents:

Include a clear identification of the material by section and by page.

Letter of Transmittal:

Briefly state the Firm’s understanding of the RLI solicitation and express a positive commitment to provide the services described herein. Please state the name(s) of the person(s) who will be authorized to make representations for the Firm, their title(s), office, and email addresses and telephone numbers. Please limit this section to two (2) pages.

Technical Approach:

Companies/Firms or teams shall describe their technical approach to providing Construction

Engineering and Inspection (CEI) services on small, medium, and large construction projects, including projects on the State Highway System such as the SR A1A Streetscape

Improvements. Submissions shall, at a minimum, address the following: (1) the firm’s methodology for performing CEI services in accordance with the FDOT Construction Project

Administration Manual (CPAM), the FDOT Standard Specifications for Road and Bridge

Construction, and Local Agency Program (LAP) requirements, including the documentation practices used to preserve federal and state reimbursement eligibility; (2) the approach to pre-construction services, including constructability and plan reviews, review of the contractor’s

CPM baseline schedule logic and Maintenance of Traffic (MOT) phasing, and early utility coordination and conflict tracking; (3) the approach to construction-phase inspection and administration, including daily on-site inspection, verification of MOT compliance), review of testing reports, review of monthly progress estimates against measured in-place quantities, progress meetings and minutes, and proactive change order and claims avoidance through contemporaneous documentation; (4) the approach to environmental compliance and stakeholder coordination, including erosion and sediment control, applicable coastal or environmental permit conditions (e.g., marine turtle lighting requirements during nesting season for beachfront corridors), and maintaining access to and communication with adjacent businesses and residents; (5) the methods used to maintain schedule and cost controls once

RLI27-003 Page 8 of 18 work is authorized, including monthly schedule reviews against the baseline, early identification of slippage and requests for recovery plans, tracking of pay item overruns and underruns, and maintenance of a running estimate at completion; and (6) the approach to project close-out, including punch list management, as-built reviews, final inspection, compilation of the final estimate and backup documentation, and final certification to the

FDOT, with close-out documentation assembled progressively during construction. Emphasis should be placed on adaptability, responsiveness, , teamwork and quality assurance in handling a variety of potential assignments under the contract.

References:

References for past projects in the tri-county area (Broward, Palm Beach, and Miami-Dade).

Describe the scope of each project in physical terms and by cost, describe the respondent’s responsibilities, and provide the contact information (name, email, telephone number) of an individual in a position of responsibility who can attest to the respondent’s activities in relation to the project.

List any prior projects performed for the City of Pompano Beach.

Project Team Form:

Prepare and submit a completed “Project Team” form. This form aims to identify the proposed team's key members, including any specialty subconsultants.

Organizational Chart:

Specifically, identify the management plan (if needed) and provide an organizational chart for the project team. The Firm must describe, at a minimum, the basic approach to these projects, including the reporting hierarchy of staff and sub-consultants. Clarify the individual(s) responsible for coordinating separate components of the scope of services.

Statement of Skills and Experience of Project Team:

Describe the experience of the entire project team as it relates to the types of projects described in the Scope of Services section of this solicitation. Include the knowledge of the prime consultants and other members of the project team, such as additional personnel, sub-consultants, branch office staff, team members, and other resources expected to be utilized for this project. Name specific projects [completed within the past five (5) years] where the team members have performed similar projects previously.

Resumes of Key Personnel:

Include resumes for key personnel for prime and sub-consultants.

Office Locations:

Identify the office's location from which services will be rendered and the number of professional and administrative staff at the prime office. Also, identify the location of office(s) of the prime and/or sub-consultants that may be utilized to support any or all of the professional services listed above, and the number of professional and administrative staff at the prime office location.

If companies/firms are situated outside the local area (Broward, Palm Beach, and Miami-Dade counties), include a brief statement as to whether or not the companies/firms will arrange for a local office during the term of the agreement/contract, if necessary.

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Litigation:

Disclose any litigation within the past five (5) years arising out of your company/firm’s performance, including status/outcome. If you have no litigation, please provide a statement confirming that you have no litigation.

City Forms:

The Firm Information Page Form and any other required forms must be completed and submitted electronically through the City’s eBid System. The City reserves the right to request additional information to ensure the Firm is financially solvent and it has sufficient financial resources to perform the agreement/contract, and shall provide proof of its financial solvency.

At its sole discretion, the City may ask for additional evidence of financial solvency, including additional documents post-proposal opening and before evaluation that demonstrate the Firm’s ability to perform the resulting agreement/contract and provide the required materials and/or services.

Reviewed and Audited Financial Statements:

Firms shall be financially solvent and appropriately capitalized to be able to service the City for the duration of the agreement/contract. Firms shall provide a complete financial statement of the company’s/firm’s most recent audited financial statements, indicating the organization’s financial condition. Must be uploaded to the Response Attachments tab in the eBid System as a separate file titled “FINANCIAL STATEMENTS” and marked “CONFIDENTIAL.”

Financial statements provided shall not be older than twelve (12) months before the date of filing this solicitation’s response. The financial statements must be reviewed and submitted with any accompanying notes and supplemental information. The City of Pompano Beach reserves the right to reject financial statements in which the financial condition shown is twelve

(12) months or more before the submittal date.

The City is a public agency subject to Chapter 119, Florida’s Public Records Law, and must provide the public with access to public records; however, financial statements that are required as submittals to prequalify for a solicitation will be exempt from public disclosure.

The City reserves the right to request additional information to ensure the Firm is financially solvent. It has sufficient financial resources to perform the agreement/contract and shall provide proof of its financial solvency. At its sole discretion, the City may ask for additional proof of financial solvency, including additional documents post-proposal opening and before evaluation that demonstrate the Firm’s ability to perform the resulting agreement/contract and provide the required materials and/or services.

A combination of two (2) or more of the following may substitute for audited financial statements:

1) Bank letters/statements for the past three (3) months

2) Balance sheet, profit and loss statement, cash flow report

3) IRS returns for the last two (2) years

4) Letter from CPA showing profits and loss statements (certified)

H. Insurance Requirements

The insurance requirements for this RLI are included in Exhibit B and form an integral part of this bid

RLI27-003 Page 10 of 18 submission. All coverage and limits outlined therein will be met or exceeded by the bidder upon award of the contract.

I. Selection/Evaluation Process

A Selection/Evaluation Committee (Committee) will be appointed to select the most qualified company(ies)/ firm(s). The Committee will present its findings to the City Commission. The City Manager will approve a selection evaluation committee to assist in evaluating the Letter of Interest(s) received and to select the most qualified firm(s). All Letters of Interest will be assessed by the Evaluation Committee and Procurement and Contracts staff based on the information submitted by the Submitting Firm(s) in response to this RLI. The Committee’s findings will be presented to the City Commission. Based upon the evaluation, the Evaluation Committee will recommend one Submitting Firm to the City Commissioners for the award and execution of an Agreement.

Proposals will be evaluated using the following criteria:

Line Criteria Points Range

1 Prior experience of the firm with projects of similar size and complexity: 0-15

a. Number of similar projects

b. Complexity of similar projects

c. References from past projects performed by the firm

d. Previous projects performed for the City (provide description)

e. Litigation within the past 5 years arising out of the firm’s performance (list, describe outcome)

2 Qualifications of personnel, including subconsultants: 0-20

a. Organizational chart for project

b. Number of technical staff

c. Qualifications of technical staff:

(1) Number of licensed staff

(2) Education of staff

(3) Experience of staff on similar projects

3 Proximity of the nearest office to the project location: 0-15

a. Location

b. b. Number of staff at the nearest office

4 Current and Projected Workload 0-15

The rating is intended to reflect the workload (both current and projected) of the firm, the staff assigned, and the percentage availability of the staff member assigned. Respondents who fail to note both existing and projected workload conditions and the percentage of availability of staff assigned shall receive zero (0) points.

5 Demonstrated Prior Ability to Complete Project on Time 0-15

Respondents will be evaluated on the information provided regarding the firm’s experience in completing and steadfastly conforming to similar project schedules. Provide an example of successful

RLI27-003 Page 11 of 18 approaches utilized to achieve a timely project completion.

Respondents who demonstrate the ability to complete projects on time shall receive more points.

6 Demonstrated Prior Ability to Complete Project on Budget 0-15

Proposers will be evaluated on their ability to adhere to initial design budgets. Examples provided should show a comparison between initial negotiated task costs and completion costs. Respondents should explain in detail any budgetary overruns due to scope modifications.

Respondents who fail to provide schedule and budget information as requested will receive zero (0) points.

7 Local Business Program 0-5

The Procurement and Contracts staff will evaluate this section. Eligible local vendors will receive evaluation points based on their qualifying tier.

NOTE:

Financial statements required as submittals to prequalify for a solicitation will be exempt from public disclosure; however, those submitted to prequalify but not required by the City may be subject to public disclosure.

The City Commission has the authority to (including, but not limited to) approve the recommendation, reject the recommendation, and direct staff to re-advertise this solicitation or review the responses themselves and/or request oral presentations and determine a ranking order that may be the same or different from what was originally presented to the City Commission.

Tie Breaker:

In case there is a tie for the highest-ranked firms, the recommendations shall be made by giving preference to the following items in this order:

1) Maintenance of a Drug-Free Workplace by the requirements of 287.087, F.S.

2) Coin Toss

Technicalities:

Failure to respond, provide detailed information, or provide requested proposal elements may reduce points in the evaluation process. The Committee may recommend rejecting any Letter of Interest containing material deviations from the RLI. The Committee may recommend waiving any irregularities and technicalities. If only one (1) responsive proposal is received, the Committee will proceed without scoring the one (1) responsive statement received and may recommend that Procurement and Contracts Department staff negotiate the best terms and conditions with that sole firm, or may recommend rejecting the proposal.

Committee’s Recommendations:

The Evaluation Committee may recommend either rejecting the received Letter of Interest or awarding the contract.

A complete recording shall be made of each meeting (evaluation and negotiation session) conducted by the

Committee by the Purchasing Agent. The Committee may choose to conduct one (1) or more exempt negotiation sessions with as many ranked responsive firms as it deems appropriate, in its sole judgment, before making its recommendation for award, starting with the highest-ranked firm, then the second

RLI27-003 Page 12 of 18 highest-ranked firm, and so on.

Each firm should submit documentation that evidences the firm’s capability to provide the services required for the Committee’s review for short-listing purposes. After an initial review of the Proposals, the City may invite Proposers for an interview to discuss the proposal and meet firm representatives, particularly key personnel who would be assigned to the project. Should interviews be deemed necessary, it is understood that the City shall incur no costs as a result of this interview, nor bear any obligation in further consideration of the submittal.

The Committee also has the discretion to recommend negotiations with only a single responsive firm if the

Committee chooses to do so. During any such negotiations, the City staff assigned to negotiate reserves the right to negotiate any term, condition, or specification during an exempt negotiation session with the highest-ranked responsive firm.

When more than three responses are received, the committee shall furnish the City Commission (for their approval) a listing, in ranked order, of no fewer than three firms deemed to be the most highly qualified to perform the service. If three or less firms respond to the Solicitation, the list will contain the ranking of all responses.

Determination of Award:

The City Commission shall consider the Committee’s award recommendation for this RLI and may approve such a recommendation. The City Commission may also, at its option, reject the Evaluation Committee’s recommendation, or it may also reject all statements received, in which case the City may choose to re-advertise this solicitation “as is” or by adopting a modified version.

J. Hold Harmless and Indemnification

Firm covenants and agrees that it will indemnify hold harmless the City, its officials, employees, volunteers and other authorized agents from and against any and all claims, demands, suits, damages, attorneys’ fees, fines, losses, penalties, defense costs or liabilities suffered by the City to the extent caused by any negligent act, omission, breach, recklessness or misconduct of Consultant and/or any of its agents, officers, or employees hereunder, including any inaccuracy in or breach of any of the representations, warranties or covenants made by the Consultant, its agents, officers and/or employees, in the performance of services of this agreement/contract. To the extent considered necessary by City, any sums due Consultant hereunder may be retained by City until all of City’s claims for indemnification hereunder have been settled or otherwise resolved, and any amount withheld shall not be subject to payment or interest by City.

K. Right to Audit

Awarded company’s/firm’s records which shall include but not be limited to accounting records, written policies and procedures, computer records, disks and software, videos, photographs, sub-contract/sub-consultants files (including proposals of successful and unsuccessful firms), originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to the agreement/contract (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during regular working hours, by City’s agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Awarded Firm r or any of its payees under the execution of the agreement/contract. Such records subject to the examination shall also include, but are not limited to, those necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with the agreement/contract.

RLI27-003 Page 13 of 18

For such audits, inspections, examinations, and evaluations, the City’s agent or authorized representative shall have access to said records from the effective date of the agreement/contract, for the duration of the service, and until five (5) years after the date of final payment by the City to the awarded company/firm under the agreement/contract.

The City agent or its authorized representative shall have access to the awarded company’s/firm’s facilities, all necessary records, and adequate and appropriate workspace to conduct audits in compliance with this article. The City agent or authorized representative shall give auditees reasonable advance notice of intended audits.

The awarded company/firm shall require all subcontractors/sub-consultants, insurance agents, and material suppliers (payees) to comply with this article's provisions by inserting the requirements in any written agreement/contract. Failure to obtain such written agreements/contracts that include such provisions shall be reason to exclude some or all of the related payees' costs from amounts payable to the contractor/consultant under the agreement/contract.

L. Retention of Records and Right to Access

The City is a public agency subject to Florida Statutes Chapter 119. The awarded company/firm shall comply with Florida’s Public Records Law, as amended. Specifically, the awarded company/firm shall:

1. Keep and maintain public records required by the City to perform the service.

2. Upon request from the City’s custodian of public records, 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 in Florida Statutes Chapter 119, or as otherwise provided by law;

3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law.

4. 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/contract term and following completion of the agreement/contract if the awarded company/firm does not transfer the records to the City; and

5. Upon completion of the agreement/contract, transfer, at no cost to the City, all public records in possession of the awarded company/firm, or keep and maintain public records required by the City to perform the service. If the awarded company/firm transfers all public records to the City upon completion of the agreement/contract, the awarded company/firm shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the awarded company/firm keeps and maintains public records upon completion of the agreement/contract, the awarded company/firm shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the

City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

M. Communications

No negotiations, decisions, or actions shall be initiated or executed by the company/firm as a result of any discussions with any City employee. Only those communications in writing from the City may be considered duly authorized expressions on behalf of the City. In addition, only communications that are in writing from an authorized representative of the company/firm will be recognized by the City as duly authorized expressions on behalf of the respective company/firm.

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N. No Discrimination

No discrimination shall be made based on race, sex, color, age, religion, or national origin in the operations conducted under any agreement/contract with the City.

O. Independent Contractor

The awarded company will conduct business as an independent contractor under the terms of the agreement.

Personnel services provided by the awarded company/firm shall be provided by employees of the awarded company/firm and subject to supervision by the awarded company/firm, and not as City officers, employees, or agents. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies, and other similar administrative procedures applicable to services rendered under the agreement/contract shall be those of the awarded company/firm.

P. Staff Assignment

The City of Pompano Beach reserves the right to approve or reject, for any reason, the Firm’s staff assigned to this project at any time. Background checks may be required.

Q. Agreement/Contract Terms

The agreement/contract resulting from this solicitation shall include, but not be limited to, the following terms:

• The agreement/contract shall include, at a minimum, the entirety of this solicitation and the awarded proposal. The City of Pompano Beach City Attorney shall prepare it.

• If the City defends any claim, demand, cause of action, or lawsuit arising out of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor/consultant, its employees, agents, or servants during the performance of the agreement/contract, whether directly or indirectly, awarded

The company/firm agrees to reimburse the City for all expenses, attorney’s fees, and court costs incurred in defending such claim, cause of action, or lawsuit.

R. Termination of the Contract

The City of Pompano Beach may terminate the contract resulting from this Solicitation without cause upon providing the contractor with at least sixty (60) days' prior written notice.

Should either party fail to perform any of its obligations under the contract resulting from this Solicitation for a period of thirty (30) days after receipt of written notice of such failure, the non-defaulting party will have the right to terminate the contract immediately upon delivery of written notice to the defaulting party of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have.

S. Waiver

It is agreed that no waiver or modification of the agreement/contract resulting from this solicitation or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting the agreement/contract or the right or obligations of any party under it unless such waiver or modification is in writing, duly executed as previously provided. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.

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T. Survivorship Rights

The agreement/contract resulting from this solicitation shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.

U. Manner of Performance

Firm agrees to perform its duties and obligations under the agreement/contract resulting from this solicitation professionally and by all applicable local, federal, and state laws, rules, and regulations.

Firm agrees that the services provided under the agreement/contract resulting from this solicitation shall be provided by educated, trained, experienced, certified, and licensed employees in all areas encompassed within its designated duties. Firm agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Firm further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all licenses, permits, registration, authorization, or certification required by applicable laws or regulations in full force and effect during the term of the agreement/contract. Failure of the Firm to comply with this paragraph shall constitute a material breach of the agreement/contract.

V. Acceptance Period

Proposals submitted in response to this solicitation must be valid for no less than one hundred and twenty

(120) days from the closing date.

W. Conditions and Provisions

The completed proposal (together with all required attachments) must be submitted electronically to the

City on or before the time and date as written herein. By electronically submitting a proposal, all firms shall agree to comply with all of this solicitation's conditions, requirements, and instructions as written or implied herein. All proposals and supporting materials submitted will become the property of the City.

Firm’s response shall not contain any alteration to the document posted other than entering data in the spaces provided or including attachments as necessary. By submission of a response, Firm affirms that a complete set of solicitation documents was obtained from the eBid System only, and no alteration of any kind has been made to this solicitation. Exceptions or deviations to this proposal may not be added after the due date.

All firms are required to provide all information requested in this solicitation. Failure to do so may result in the proposal being disqualified.

The City reserves the right to postpone or cancel this solicitation or reject all proposals if, in its sole discretion, it deems it to be in the City's best interest to do so.

The City reserves the right to waive any technical or formal errors or omissions and to reject all proposals or to award an agreement/contract for the items herein, in part or whole, if it is determined to be in the City's best interests to do so.

The City shall not be liable for any costs incurred by the Firm in preparing proposals or for any work performed therein.

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X. Standard Provisions

1. Governing Law

Any agreement/contract resulting from this solicitation shall be governed by the laws of the State of Florida, and the venue for any legal action relating to such agreement/contract will be in Broward County, Florida.

2. Licenses

To perform public work, the awarded company/firm shall be licensed to do business in Florida, if an entity, and hold or obtain such Contractor and Business Licenses if required by State Statutes or local ordinances.

3. Conflict of Interest

To determine any possible conflict of interest, each Firm must disclose if any Elected Official, Appointed

Official, or City Employee is also an owner, corporate officer, or employee of the company/firm. If any

Elected Official, Appointed Official, or City Employee is an owner, corporate officer, or employee, the Firm must file a statement with the Broward County Supervisor of Elections under Florida Statute, Section

112.313.

4. Drug-Free Workplace

The awarded company(s)/firm(s) will be required to verify that they will operate a “Drug-Free Workplace” as outlined in Florida Statute, Section 287.087.

5. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction by a public entity crime may not submit a proposal on an agreement/contract to provide any goods or services to a public entity, may not submit a proposal on an agreement/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, sub-contractor, consultant or sub-consultant under agreement/contract with any public entity, and may not transact business with any public entity over the threshold amount provided in Florida Statute, Section 287.017, for Category Two for thirty-six (36) months from the date of being placed on the convicted vendor list.

6. Patent Fees, Royalties, And Licenses

Suppose the awarded company/firm requires or desires to use any design, trademark, device, material, or process covered by letters patent or copyright. In that case, the awarded company/firm and his surety shall indemnify and hold harmless the City from any claims for infringement because of the use of any such patented design, device, trademark, copyright, material, or process in connection with the work agreed to be performed and shall indemnify the City from any cost, expense, royalty or damage which the City may be obligated to pay because of any infringement at any time during or after completion of the work.

7. Permits

The Awarded Firm shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations, codes, and ordinances to perform the work required in these specifications and to conform to the requirements of said legislation.

8. Familiarity with Laws

It is assumed the selected company(ies)/firm(s) will be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect/their services under this solicitation. Ignorance on the part of the company/firm will not relieve the company/firm from responsibility.

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9. Withdrawal of Proposals

A company/firm may withdraw its proposal without prejudice, no later than the advertised deadline for submission of proposals by written communication to the Procurement and Contracts, 1190 N.E. 3rd

Avenue, Building C, Pompano Beach, Florida 33060.

10. Composition of Project Team

Company(ies)/Firm(s) are required to commit that the principals and personnel named in the proposal will perform the services throughout the contractual term unless otherwise provided for by way of a negotiated agreement/contract or written amendment to the same executed by both parties. No diversion or substitution of principals or personnel will be allowed unless a written request that sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved by the City in writing.

11. Invoicing/Payment

Invoicing and Payments are governed by Article 10 (Contract Payments) of the General Conditions. All invoicing, approvals, and payment timelines follow Article 10. If there is a conflict, Article 10 controls.

All invoices should be sent to the department associated with the contract. By Florida Statutes, Chapter

218, payment will be made within forty-five (45) days after receipt of a proper invoice.

12. Public Records

a. The City of Pompano Beach is a public agency subject to Florida Statutes, Section 119. The awarded company/firm shall comply with Florida's Public Records Law, as amended.

Specifically, the Awarded Firm shall:

i. Keep and maintain public records…