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R-2016-055 Authorizes the Provision of Supplemental Building Code Services By Utililizing Pricing Under C.A.P. Government Contract Under Proposal 855-11487 Valid through March 6, 2017.
RESOLUTION NO. 2016-055 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE SUPPLEMENTAL BUILDING CODE SERVICES BY UTILIZING THE PRICING UNDER THE C.A.P. GOVERNMENT, INC. CONTRACT, UNDER PROPOSAL NO. 855-11487 VALID THROUGH MARCH 6, 2017; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last eighteen(18) months by other government agencies, such as the federal government, state of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection(a), sets the monetary threshold or limitation at$25,000.00; and WHEREAS, the City of Dania Beach wishes to supplement its plans examination services which are necessary to accommodate anticipated land development projects; and WHEREAS, at the April 26, 2016 meeting, the City Commission agreed to proceed with a special permitting office and contractual professional services to supplement the Community Development's Building Division Services; and WHEREAS, the City of Dania Beach has determined that the accredited professional services required to provide the supplemental plans examination inspection services are most appropriately obtained as contractual services at this time; and WHEREAS, the City Manager has determined that such services can be purchased at the least cost to the City from C.A.P. Government, Inc. by utilizing the pricing under the City of Fort Lauderdale's Contract, under Proposal No. 855-11487 dated October 24, 2014 attached as Exhibit "A", a copy of which is made a part of and is incorporated into this Resolution by this reference; NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the City Manager is authorized to execute the attached agreement by C.A.P Government Inc., a copy of which is made a part of and is incorporated into this Resolution by this reference. Section 3. That the City Administration is further authorized to open_ and sign a Purchase Order with C.A.P. Government, Inc. and such Purchase Order shall not exceed the amount of two hundred and forty thousand dollars ($240,000.00). Section 4. That funding for the purchase of the above-described shall be made available and appropriated from as a transfer from the Building Fund Contingency Account 107- 15-02-524-99-10 to the Building Fund, Professional Services General Account, Account No. 107-15-02-524-31-10 Section 5. That the City Manager is authorized to provide supplemental services and the City Commission authorizes the proper City officials to execute documents related to providing such services. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on May 10, 2016. ATTEST: o�A�fs Flr�r LOUISE STILSON, CMC C A. SALVINO, SR. CITY CLERK TKAYOR APPROVED AS T ORM D THOM J. AWSBRb CITY ATTORNEY 2 RESOLUTION#2016-055 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND C.A.P. GOVERNMENT, INC., A FLORIDA CORPORATION (UNDER A CITY OF FORT LAUDERDALE CONTRACT, PROPOSAL NO. 855-11487, PRESENTLY EXISTING BETWEEN THE CONTRACTOR AND THAT CITY), TO PROVIDE SUPPLEMENTAL PLANS EXAMINATION INSPECTION SERVICES TO ACCOMMODATE ANTICIPATED LAND DEVELOPMENT PROJECTS IN THE CITY OF DANIA BEACH,FLORIDA. This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida municipal corporation ("City") and C.A.P. Government Services, Inc., a Florida corporation ("Contractor"), with an address of 3265 Meridian Parkway, Suite 100, Weston, Florida 33331. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon,the parties agree to the following: 1. The agreement existing between the Contractor and the City of Fort Lauderdale and any amendment(s) to it, under an award by the City of Fort Lauderdale of a project (its Proposal No. 855-11487, a copy of which is attached as Exhibit "A", and made a part of and is incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City of Dania Beach, Florida, and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Fort Lauderdale, Florida, or any city for these same services, then Contractor shall provide such lower service rates to the City of Dania Beach, Florida. 2. The work to be performed for the City consists of supplemental plans examination inspection services. 3. City agrees to pay the Contractor a not to exceed amount of two hundred and forty thousand dollars ($240,000.00) for the services. Payment shall be made on a monthly invoicing basis. 4. That in all other respects, the terms of the Fort Lauderdale agreement applies to this Agreement. IN WITNESS of the foregoing, the parties have executed this Agreement on 2016. 3 RESOLUTION#2016-055 CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER DATED: , 2016 APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY WITNESSES: CONTRACTOR: C.A.P. GOVERNMENT,INC. a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: 312016 PRINT Name STATE OF FLORIDA) COUNTY OF } The foregoing instrument was acknowledged before me on , 2016, by , as of C.A.P. Government, Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 4 RESOLUTION#2016-055 AGREEMENT FOR INSPECTION AND PLAN EXAIVIINATION SERVICES THIS AGREEMENT, made this day of % ry , 2015, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), wh se address is 100 North Andrews Avenue, Fort Lauderdale, FL 33301-1016, and C.A.P. Government Inc., a Florida corporation ("Contractor" or "Company"), whose address and phone number are 3265 Meridian Parkway, Suite 100 Weston, Florida 33331, phone: 954-888-9882, fax: 954-888-9860, Email: capeninacapfla.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration,the City and the Contractor covenant and agree as follows: WITNESSETH: I. D OCiTMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement(Form P-0001): (1) Request for Proposal No.855-11487, Inspection and Plan Examination-Services, including any and all addenda, prepared by the City of Fort Lauderdale,("RFP"or"Exhibit A"). (2) The Contractor's response to the RFP,dated October 24, 2014,("Exhibit B"). All Contract Documents may also be collectively referred to as the"Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction,the following priority is established: A. First,specific direction from the City Manager(or designee) B. Second, this Agreement (Form P-0001) dated 2015, and any attachments. C. Third, Exhibit A D. Fourth,Exhibit B H. SCOPE The Contractor shall perform the Work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all Work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. Form P-0001 Rev 8/12/14 3 Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the Work and the conditions under which the Work is to be performed. 1H. TERM OF AGREEMENT The initial contract period shall commence on April 5, 2015, and shall end on April 4, 2016. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of Funds. IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost noted on page 13 of this agreement. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen(15) days of the end of the month except the final invoice which must be received no later than sixty(60)days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45)days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition,or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary,City may withhold,in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. Y Form P-0001 2 VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all. losses, penalties, fines, damages, settlements,judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all Iosses, penalties, fines, damages, settlements,judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved in the work. C.Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety.The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience,which shall be effective thirty(30)days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. Form P-0001 3 D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty(30)days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Unappropriated Funds The City reserves the right, in its best, interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise provided by law. F. Insurance The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. . The commercial general liability insurance policy shall name the City of Fort Lauderdale, a Florida municipality, as an "additional insured" This MUST be written in the description section of the insurance certificate,even if there is a check-off box on the insurance certificate. Any costs for adding the City as "additional insured"shall be at the Contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or, modification of any required insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement.. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Best's "A-"rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this solicitation shall be deemed unacceptable,and shall be considered breach of contract. Workers' Compensation and Employers' Liability Insurance Limits: Workers' Compensation—Per Chapter 440,Florida Statutes Employers' Liability-$500,000 Form P-0001 4 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance.Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. For additional information contact the Department of Financial Services,Workers' Compensation Division at(850)413-1 b01 or on the web at w-w-w.fldfs.com. Commercial General Liability Insurance Covering premises-operations, products-completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury/property damage$1,000,000. This coverage must include,but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of the contract. b. Coverage for Premises/Operations c. Products/Completed Operations d. Broad Form Contractual Liability e. Independent Contractors Automobile Liability Insurance Covering all owned,hired and non-owned automobile equipment. Limits: Bodily injury $250,000 each person, $500,000 each occurrence Property damage $100,000 each occurrence Professional Liability(Errors&Omissions) Consultants_ Limits: $2,000,000 per occurrence Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 North Andrews Avenue,Room 619 Fort Lauderdale, FL 3 3 301 G. Environmental,Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the Work. Contractor shall comply, and shall secure compliance by its employees,agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and 'performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining Form.P-0001 5 all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the Work. Contractor agrees to utilize protective devices as required by applicable laws; regulations, and any, industry, or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof,and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that he/she/it is qualified to perform the Work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work., and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights is Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor-delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form,or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor,as applicable,shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable,for a minimurn period of three(3) years after termination of this Agreement. If any audit has been initiated and .audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof, however, Contractor and Contractor's subcontractors shall violate no confidentiality or non-disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, Form P-0001 6 and accounts shall be a basis for CiWs disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with City,and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 3 6 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership,joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non-Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall Form P-0001 7 not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance,by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s)for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s)provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine,penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. 4. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party,unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court Process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves,including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. Form P-000 i 8 In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. Q. Materiali and Waiver of Breach City and Contractor agree that each requirement, duty,and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore,a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of$1,000 which amount shall be reduced by the amount actually paid by • the City to Contractor pursuant to this Agreement,for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph Form P-0001 9 or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28,Florida Statutes. U. Jurisdiction Venuel Waiver Waiver of Ju Trial This Agreement shall be interpreted and construed in accordance with and governed by the Iaws or the State of Florida. Venue for any lawsuit by either party against the other parry or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida,Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation,the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor-Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding' of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly,the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. X. Pa able Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason,whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims-and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Form P-0001 10 AA.Uncontrollable Circumstances("Force Maieure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance,provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration,and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure;and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party'.s performance is suspended under this Section. BB.Scrutinized Companies Subject to Odebrecht Construction,Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), this Section applies to any contract for goods or services of$1 million or more: The Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2014), as may be amended or revised. The City may terminate this Contract at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2014), as may be amended or revised,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2014), as may be amended or revised. Form P-0001 11 CC. Public Records Contractor shall: (a) Deep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City would provide the records andat a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2014), as may be amended or revised, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer,at no cost,to the City, all public records in possession of the contractor upon termination of this contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. IN WITNESS WHEREOF,the City and the Contractor execute this Contract as follows:- CITY OF FORT LAUDERDALE By: _ d City Manager pp rave to fo sistant i Attorney 10 ATTEST: C.A.Pqa,k G. By: Print N e: ` r- . r Carlos A.Penin Title: ' President rf. (CORPOR:ATF�§l: ,) ` e Form P-0001 12 STATE OF P110 COUNTY OF IL The foregoing instrument was acknowledged before me this day of 2015,by Carlos A. Penin, pies' eat for C.A.P. Gove meat Inc. (SEAL) Notary Public,State of C (Signature of Notary Public) 1LZI(3) � � (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known �OR Produced Identification Type of Identification Produced COST Bid# Inspection and Plan 855-11487 Examination Services C.A.P.Government,Inc. Item# Item Qty Unit Price Total 855-11487-01- Inspection and Plan $ $ 01 Examination Services 1 each 2,123,650.00 2,123,650.00 Form P-0001 13 MP49ove Tab 2 �CAM - ment Cost Proposal Page C.A.P. Government, Inc. (CAP) understands the City of Fort Lauderdale is experiencing growth due to upcoming development projects. CAP has the necessary staff and resources to provide plans review and inspection services for all of the referenced disciplines. The fees quoted represent our firm's annual rates. The regular rates shall include full compensation for labor,equipment use, and any other cost to the proposer. No travel time will be paid for travel to or from office or home. Struco,iral R .,. ,Rste.-_ - _--- .-$ 67.50_-. Per_Hour Qverfime HoEaty:Rets_ .$101.25 PorHour Electrical RNUW Rafe $ 67.50 Per Hots Overtime Htu*Rate $101.25 Per Hour IViechanlcal Regular Rate --- $ 67.50 Per Hour Ovd*he HdWWy Rafe '$101.25' Per Hour Reg Plumbing ular Rote $ 67.50 Per Hour _ Overtime:Floury.Rate _$�01 25 -Per Hour Engineering Regular lar Rate-, $-80.00 P.er Hour _ Overtlme::How- `Rate- $120.00 Per Hour - ' - Regular Rabe. - =$75.00 Per Hour- L.andscaptng O�nertime lac Rate $11250_ Per-our __ Pions Exoliners . T Structural - Regar Rate _$,67.50 Per Hour Qv"166" -Rats -$101.25 ;Per Hour Electrical Riegufar Rate _ $67.50 Per Hour Ov md.Ha-*-:Rate $14125_PW Haar Mechanical Regular Rate--_ $-67.50 Per Hour -Qvef iin,#YolurlyRate $101.25 Per Flour Rep Plumbing filar Rafe `` $ 67.50 Per Flour Ov im® - Rate $101.25 _Per Hour Bto Asst.Building Official ReguYRefe $ 75.00 Per Hour Q�oit�m0 Hourly Rats_ -$112.50 Per Hour Building Official R Rate _ $` 85.00 Per Hour. Overtime Hourly Rate $127.60 Per Hour Table 1: Outlines CAP's Hourly rate for straight time, i.e., 8:00 A.M.to 5:00 P.M. (or 7:30 A.M. to 4:30 P.M., as required by the department) Monday through Friday, excluding official City Holidays. CAP's Overtime rate are identified by any hours outside the normal City schedule and are also outlined per discipline in the above referenced table. RFP#855-11487 INSPECTION AND PLAN ExAMINATION SERVICES CITY of FORT LAUDERDALE Y Tab 2 C4 Cost Proposal Page -- - In +ectors Discipline Hrs. Rafe per Fee per ' Hr. disci tine - -- Structural Regular Hours per year 8,000_ $ __67.50 $ 540,000 Electrical - Regular Hours per Lear 800- $ `67.50 --54,000 Mechanical Regular Hours per year, 2,-000_ $ 67.60 $ 136,000 Plumbing -- RegIlar Hours per y 2,000 $ 67.50 $ 135,000 Engineering Inspector Regular Hours peg ear 504 8 80.OD- $ 40,©00. Landscaping Inspector Regular Hours per year 500 $ 75.00 $ 37,500 - Sum. $ 941,500 PIans.Eaerrin - -- Structural Regular Hairs per year. 6,000 $ 67.50, _$ 405,000 Electrical - Regular Hours_peryear- 1,200 $ 67.50 $ -81,000 Mechanical Regular Hours per year 2 000 $ V.50` $ 135,000 Plumbing .Regular Hours per year 1,3001 $ 67.50 $ -87,760 -- Subtotal $ 708,750 -BUN16d Officials Asst.Building Offical Regular Hours per year 240 $ 75.00 $ 18,000 Building Offical Regular Hours per year 240 $ 85.00 $ 20,400 - - --- Subtotal' $ 38,400 Ernes e- or Natural:Disc a Ins : tans_ -- Emergency or Natural Stuchural!Electrical! Disaster Inspections Mechanical!Plumbing 6,000 $ 72.50 $ 435,000 - - Subtotal $ 435,000 Tofol Fees $ 2,123,i5 The Tdat.Fees may be ne�oNdled based on the level of service and the total number hours required by the C ffy. The Total above b a nNof to Exc O- W fee. Table 2; Outlines the estimated annual cost on the City's estimated hours per year. RFP#855-11487 INSPECTION AND PLAN ExAMINATION SERVICES CITY OF FORT LAUDERDALE City of Fort Lauderdale•Procurement Services Division 100 N.Andrews Avenue, Rm.619•Fort Lauderdale, FL 33301 954-828-5933 Fax 954-828-5576 purchases-fortlauderdale.aov December 7, 2015 C.A.P. Government, Inc. Attn: Carlos Penin 3265 Meridian Parkway, Suite 100 Weston, FL 33331 Email: cal2eninCc7cal2fla.com RE: Contract Extension 865-11487-1 Inspection and Plan Examination Services Dear Mr. Penin: The extension of the contract noted above has been administratively approved. The revised contract expiration date will be March 6, 2017. This contract extension will be the first of three possible extension options. All terms, conditions and specifications of this contract will remain in effect during the extension period, including insurance and/or performance bond coverage requirements. If insurance is required for this contract, you should review your expiration date(s) at this time to insure that your coverage is current and provide this office with an updated certificate. We hope this will continue to be a rewarding and profitable business relationship. Sincerely, Contract Administration City of Fart Lauderdale Bid 855-11487 EXHIBIT A Do 0 FZ I I PROM Solicitation 855-11487 Inspection and Plan Examination Services Bid designation: Public dt 40" A."P X City of Fort Lauderdale 1/28/2015 9:42 AM P.1 r City of Fort Lauderdale Bid 855-11487 Bid 855-11487 Inspection and Plan Examination Services I Bid Number 855-11487 — Bid Title Inspection and Plan Examination Services Bid Start Date Sep 19,2014 3:22:30 PM EDT Bid End Date Oct 24,2014 2:00:00 PM EDT Question& I Answer End Oct 1,2014 4:00:00 PM EDT f Gate i Bid Contact Barry Sageman j Procurement Specialist I Procurement 954-828-5073 ' bsegamon0fortlauderdale.gov I i Addendum#1 ` Changes were made to the following Items: Inspection and Plan Examination Services Description The City of Fort Lauderdale Building Services Division Is requesting sealed Request liar Proposals(RFP)from qualified and experienced firms for structural,roofing,electrical, mechanical,plumbing,landscaping,zoning and engineering inspection,and plan examination services in accordance with the requirements of Florida Statutes 468, _ Part XII,and Broward County Administrative Provisions to the 2007 Florida Building Code. These services shall be provided on an as-needed basis,at the request of the City. Added on Oct 10,2014: Addendum#1 This addendum was created to change the and date. The new and date is October 24,2014 at 2,00 P.M. : Addendum# 1 i i 1/28/2015 9:42 AM p•2 City of Fort Lauderdala Sid 855-11487 RFP#fib-11487 TITLE: Inspection and Plan Examination Services PART I—INTRODUCTION f INFORMATION 01. PURPOSE The City of Fort Lauderdale, Florida (City) is seeking proposals from qualified proposers, hereinafter referred to as the Contractor, to provide inspection and plan examination services for the City's Department of Sustainable Development/Buildings Division, in accordance with the terms, conditions, and specifications contained in this Request for Proposals(RFP). 02. INFORMATION OR CLARIFICATION For information concerning procedures for resi2ondin,4 to this solicitation, contact Procurement Specialist 1 Barry Saceman at JM 828-5073 or email at bsageman fortlauderdale.aov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the RFP Schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractor's please note: Proposals shall be submitted as stated in PART VI—Requirements of the Proposal. No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this RFP. 03. TRANSACTION FEES The City of Fort Lauderdale uses BidSync (www.bid§ync.com) to distribute and-receive bids and proposals. There is no charge,to vendors/contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded vendor. 04. PRE-PROPOSAL CONFERENCE AND SITE VISIT There will not be a pre-bid conference or site visit for this Request for Proposal. 05. ELIGIBILITY To be eligible for award of a contract in response to this solicitation, the Contractor must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Contractor must have no conflict of interest with regard to any other work performed by the Contractor for the City of Fort Lauderdale. 06. PRICING/DELIVERY All pricing should be identified in PART VII - PROPOSAL PAGES — COST PROPOSAL. No additional costs may be accepted, other than the costs stated on the Proposal pages. 1/28/2015 9:42 AM p.3 City of Fort Lauderdale Bid 855-11487 07. RFP DOCUMENTS The Contractor shall examine this RFP carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligation under the Contract. 08. AWARD Award may be by Group or Item,whichever is determined to be in the best interest of the City. The City reserves the right to award to that proposer who will.best serve the interests of the City,for the product/service that will best serve the needs of the City of Fort Lauderdale. The City also reserves the right to waive minor variations in the specifications and .in the bidding process. The City further reserves the right to accept or reject any and/or all proposals and to award or not award a contract based on this bid solicitation. 1/2812015 9:42 AM p.4 City of Fort Lauderdale Bid 855-11487 PART II -RFP SCHEDULE Release of RFP September 19, 2014 Pre-Proposal Meeting N/A Deadline for Questions/Request for October 1, 2014 Clarifications Proposal Due Date/Time Deadline October 10, 2014 /128/2015 9:42 AM P.5 City of Fort Lauderdale Bid 855-11487 PART III -SPECIAL CONDITIONS 01. GENERAL CONDITIONS RFP General Conditions Form G-107 Rev. 05114 (GC) are included and made a part of this RFP. 02. NEWS RELEASES/PUBLICITY News releases, publicity releases, or advertisements relating to this contract or the tasks or .projects associated with the project shall not be made without prior City approval. 03. RFP DOCUMENTS The Contractor shall examine this RFP carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligations under the Contract. .04. CONTRACTORS' COSTS The City shall not be liable for any costs incurred by Contractor in responding to this RFP. 05 RULES AND PROPOSALS The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal Contractor. 06. CONTRACT PERIOD The initial contract term shall commence upon date of award by the City and shall expire one year from that date. The City reserves the right to extend the contract for three (3) additional one (1) year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the..City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 07. COST ADJUSTMENTS Prices quoted shall be firm for the initial contract term of one (1)year. No cost increases shall be accepted in.this initial contract term. Please consider this,when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: Costs for any extension terms shall be subject to an adjustment only if increases or decreases occur. in the industry. Such adjustment shall be based on the, latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Dept. Of Labor, and shall not exceed fire percent(5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year.ending. 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month,one-year prior. 1/28/2015 9.42 AM P.6 City of Fort Lauderdale Bid 855-11487 k Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 08. SERVICE TEST PERIOD If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements'of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). '09. CONTRACT COORDINATOR The City may designate a Contract Coordinator whose principal duties shall be: Liaison with Contractor. Coordinate and approve all work under the contract.` Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 10. CONTRACTOR PERFORMANCE REVIEWS AND RATINGS The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows; Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract The report shall also .list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report, and may respond in writing if he takes exception to 1/28/2015 9:42 AM p.7 City of Fort Lauderdale Bid 855-11487 the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 11. INVOICES/PAYMENT The City will accept invoices no more frequently than once per month. Each invoice shall fully detail the related costs'and shall specify the status of the particular task or proiect as of the date of the invoice with regard to the accepted schedule for that task or project. Payment will be made within forty-five (45) days after receipt of an invoice acceptable to the City, in accordance with the Florida Local Government Prompt Payment Act.. If, at any time during the contract, the City shall not approve or accept the Contractor's work product, and agreement cannot be reached between the City and the Contractor to resolve the problem to the City's satisfaction, the City shall negotiate with the Contractor on a payment for the work completed and usable to the City. 12. RELATED EXPENSESfTRAVEL EXPENSES All related expenses chargeable to the City, such as supplies, printing, binders, etc shall be passed through at Contractor's cost. Related expenses shall not include .any postage, telephone toll charges,or other charges incurred in the normal course of business. Any travel out of the tri-county (Dade, Broward and Palm Beach Counties) area shall be in accordance with current City per diem rates and travel policy. Current policy may be viewed at the City website: http://www.fort/auderdale.nov/purchasinUftravel/9 4 1.pdf . No costs for travel, meals, or accommodations shall be charged to the City for travel within the tri county area unless the,Contractor's office assigned to the project is located outside this area. Proposer shall include as a part of the solicitation response, all details and costs regarding anticipated travel expenses and note such costs on the price sheet as a separate line item. Contractor shall incur no travel or related expenses chargeable to the City without prior approval by an authorized City representative(City s.travel officer). 13. EQUIPMENT The City will provide each Contractor.employee a personal identification card, identification sign for the vehicle, uniform shirts with the City logo, a computer and/or laptop, workspace and training in the City's policies and'procedures related to plan review, and/or permitting and inspection methods-similar to the equipment and training provided to regular City employees. It is a goal of the City to minimize the turnover of-contractor employees in order to minimize these new employee costs for equipment and training. 14. NO EXCLUSIVE CONTRACT/ADDITIONAL SERVICES While this.contract is for services provided to the department referenced in this Request for Proposals, the City may require similar work for other City departments. Contractor agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Contractor. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. The City may require additional items or.services of a similar nature, but not specifically listed in the contract. The Contractor agrees to provide such items or services, and shall provide 1/2=D15 9:42 AM P.8 City of Fort Lauderdale Bid 855-11487 the'City prices on such additional items or services based upon a formula or method, which is the same or similar to that used in establishing the prices in his proposal. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract.upon giving the Contractor thirty(30) days written notice. 15. DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete any portion of the Contract at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the. estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been-accomplished on the portion of the Contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the estimated percentage of completion of such portion. If the Contractor and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project,'and'a budget has been established for that task or project, the Contractor will submit a revised budget to the City for approval prior to proceeding with the work. 1 fi: SUBSTITUTION OF PERSONNEL It is the intention of the City that the Contractor's personnel proposed for-the contract will be available for the initial contract term and not be replaced unnecessarily. Given quality service, the City intends to utilize Contractor's employees on a regular., scheduled basis during the term of the contract. In the event the Contractor wishes to substitute personnel, he shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Contract for cause. See Section 5.09 General Conditions. 17. INSURANCE The Contractor shall fumish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following.minimum insurance coverage is required. The City is to be added as an "additional insuredp with relation to General Liability Insurance. This MUST be written in the description section of the insurance certificate, even if you have a check-off box on your insurance certificate..Any costs for adding the City as"additional insured"will be at the contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or modification of any stipulated insurance. The.insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor-to provide the proper notice. -Such notification will be in writing by .registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by an A.M. Bests W"rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager.� Any exclusions or provisions in the insurance maintained by the contractor that* precludes coverage for work contemplated in this RFP shall be deemed unacceptable, and shall be considered breach of contract. 112EV015 9:42 AM P.� City of Fort Lauderdale Bid 855-11487 Workers'Compensatlon and Employers' Liability Insurance . Limits:Workers'Compensation—Per Florida Statute 440 Employers' Liability-$600,000, Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. For additional information contact the Department of Financial Services, Workers' Compensation Division. at (850) 413-1601 or on the web at www.fldfs.com. Commercial General.Liability Insurance Covering premises-operations, products-completed operations, independent contractors and contractual liability. Limits: Combined single limit bodily injury/property damage$1,000,000. This coverage must include, but not limited to: a. Coverage for the liability assumed by the contractor under the indemnity provision of.the contract. b. Coverage for Premises/Operations c. Products/Completed operations d. Broad Form Contractual Liability e. Independent'Contractors Automobile Liability Insurance Covering all owned hired and non-owned automobile equipment.. Limits: Bodily injury $260,000 each person, $600,000 each occurrence Property damage $100,000 each occurrence Professional Liability(Errors&Omissions) Consultants Limits: $2,000,000 per occurrence A copy of ANY current Certificate of Insurance should be included with your proposal. In the event that you are the successful bidder, you will be required to provide a certificate naming the City as an "additional insured"for General Liability. Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 N.Andrews Avenue, Room 619 Fort Lauderdale, FL 33301 1/2WO15 9.42 AM P.10 City of Fort Lauderdale Bid 855-11487 18. SUBCONTRACTORS The use of subcontractors is not permissible. The Bidder must perform all the work with its own employees and without the use of subcontractors. 19. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"} The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non performing party uses its best efforts to remedy its inability to perform.. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 20. PUBLIC ENTITY CRIMES NOTE: Contractor, by submitting a proposal attests shethelit has not been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may' not submit a proposal 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant.under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 21.. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Extreme care shall be taken to safeguard 'all existing facilities, site amenities, irrigation systems, vehicles, City equipment and tools issued to the Contractor, etc. on or around the job 1/28/2015 8:42 AM P.11 City of Fart Lauderdale Bid 855-11487 site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 22. SAFETY The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 24. CANADIAN COMPANIES The City may enforce in the United States of America or in.Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 25. LOBBYING ACTIVITIES ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable,with City of Fort Lauderdale Ordinance No. C-00-27& Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-00-27 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at: http:f/www.fortlauderdale.novicierk/LobbyistDoesilobbyist ordinance.odf. 26. BID TABULATIONS/INTENT TO AWARD (Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process, requiring City Commission action, may be found at http:/A&ww.fortlauderdale.gbv/purchasing/notices of intent.htm. Tabulations of receipt of those parties responding to a formal solicitation may be found at http:/twww.fortlauderdale.gov/purchasing/bidresults.htm, or any interested party may call the Procurement Office at 954-828-5933. 27. SAMPLE CONTRACT AGREEMENT A sample of the formal agreement template, which may be required to be executed by the awarded vendor, can be found at our website: h_ttl2://www.fortlauderdale.4ov/purchasing/AWARDS/CONTRACT°/o20TEMPLATE%20SERVI C ES%a20060214.pdf 28. LOCAL BUSINESS PREFERENCE Section 2'199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C=12-04) provides for a local business preference. In order to be considered for a local business preference, a proposer must include the Local Business Preference Certification Statement of this RFP, as applicable to the local business preference class claimed at the time of proposal submittal. Upon formal .request of the City, based on the application.of a Local Business Preference the Proposer shall within ten (10) calendar days submit the following documentation to the Local Business Preference Class claimed: 1/28/2015 9:42 AM p.12 City of Fort Lauderdale Bid 855-11487 A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, and B) List of the names of all employees of the proposer and evidence of employees' residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill.(water, electric, telephone, cable television), or other type of similar documentation acceptable to the City. Failure to comply at time of proposal submittal shall result in the Proposer being found ineligible for the focal business preference. THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: hftwtwww.f6rt1auderda le.mv/purchasinatindex.htm Definitions: The term "Business" shall mean a person, firm, corporation or other-business entity which is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be broken down into four(4)types of classes: 1. Class A Business—shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. 2. Class B Business - shall mean any Business that,has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. 3. Class C Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of Broward County. 4. Class D Business — shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. 1/2812015 9.42 AM p.13 City of Fort Lauderdale Bid 856-11487 PART IV—TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 01. Background: The City of Fort Lauderdale Building Services Division is requesting sealed proposals from qualified and experienced firms for structural, roofing, electrical, mechanical, plumbing, landscaping, zoning and engineering inspection, and plan examination services in accordance with the requirements of Florida Statutes 468, Part XII, and Broward County Administrative Provisions to the 2007 Florida Building Code. These services shall be provided on an as-needed basis, at the request of the City. 02.Scope of Work: In an effort to maintain good service and be responsive to its citizens, the City of Fort Lauderdale, Building Services Division, desires to secure the services of qualified firms to perform, when necessary, and as determined'by the City, inspection and plan examination services(structural, roofing, plumbing, gas,.electrical, mechanical HVAC,. landscaping,zoning, engineering)for structures in which permits have been issued by the City of Fort Lauderdale. 03.General: It is the City of Fort Lauderdale's intent and the purpose-of these specifications to secure qualified firms to provide to the City of Fort Lauderdale Professional Building Code Review and Inspection Services in accordance with the requirements of Chapters 553 and 468, Part XII, Florida Statutes. The successful bidders shall execute a written contract approved by the City Commission. The successful bidders will be independent contractors and the individuals assigned to work for the City by the provider will be approved by the City, but will not be City employees. Inspectors and Plan Examiners and other persons assigned to work for the City shall be licensed pursuant to Chapter 468, Part XII, Florida Statutes by the Florida Department of Business Regulation and be-certified by Broward County Board of Rules and Appeals for building, electrical, mechanical, structural and plumbing disciplines or any other appropriate discipline included in this Request For Proposal. 04. Required Inspection and Plan Examination Services: Inspection and Plan examination services shall be conducted under the City's and all other federal, state, and local laws, rules, regulations, directives, codes and ordinances. Inspection-Plan Examination personnel shall be licensed pursuant to Chapter 468, Part XII, Florida Statutes by the Florida Department of Business Regulation and certified by Broward County Board of Rules and Appeals for structural, roofing,electrical, mechanical, and plumbing disciplines. 05.Staffing: The City of Fort Lauderdale anticipates the need for additional inspectors and plan examiners due to growth and upcoming development projects, increased activity due to past- emergency or natural disaster repair and.renovation work,work to eliminate the backlog of expired permits, eliminate the backlog of cases related to work performed without permits (After The Fact-ATF Permits), eliminate the backlog of 40 year Safety Inspection Program reviews, single discipline"walk-through' permit process, providing back-up Building Official and Assistant Building Official services on a scheduled basis, and consideration of the provision of complete inspections services for major projects requiring continuous construction activities in excess of 6 consecutive months. Once trained in the City's processes and 1/28/2015 9:42 AM p.14 City of Fort Lauderdale Bid 855-11487 computer system usage and given quality performance, the City intends to employ contractor's employees on a regularly scheduled basis for the duration of the contract period. The Contractor may not make unilateral substitutions of staff without the agreement of the City's Contract Coordinator. The estimated.number of hours in each area is provided below for bidding estimate purposes only and is not a guarantee of the number of hours of work for any bidder: Structural Plan Examiner 6,000 hours/year Structural Inspector 8,000 hours/year Electrical Plan Examiner 1,200 hours/year Electrical inspector 800 hours/year Mechanical Plan Examiner 2,000 hours/year Mechanical Inspector. 2,000 hours/year -Plumbing Plan Examiner 1,300 hourstyear Plumbing Inspector 2,000 hours/year Engineering Inspector '500 hours/year Landscaping Inspector 500 hours/year Assistant Building Official 240 hours/year Building Official 240 hourstyear Emergency or Natural Disaster Inspections (If one occurs) 6,000 hour*ear The City reserves the right to employ any, none or all of the inspectors or plan examiner from any one or any combination of successful bidders. The City reserves its exclusive right to reject any employee proposed by any bidder. Inspection and Plan Examination services provided (in addition to the other services provided) in the event of an emergency or natural disaster shall be provided in all of the relevant disciplines as well as providing all administrative documentation as required by the-City. 06. Qualifications of Personnel 1 Certification Requirements: All structural, electrical, mechanical, plumbing, roofing, engineering, landscaping inspectors and/or examiners must have current, appropriate certification from the State of Florida Department of Business and Professional Regulation and Broward County Board of Rules and Appeals. All inspectors and examiners shall have a valid driver's license in the State of Florida and be able to pass a Background security check relevant to the position. These minimum requirements must be met at the time of the bid due date. 1/28/2015 9.42 AM p.15 City of Fort Lauderdale Bid 855-11487 07. Responsibilities: Personnel provided by successful bidders will be expected to perform their assigned functions in a manner that is consistent with the following standards: 7:01 Respectful to neighbors, contractors, staff and supervisors at all times, 7.02 Represent the City of Fort Lauderdale in a professional and courteous manner, 7.03 Be able to follow the City's work rules and procedures reliably and consistently, 7.04 Be able to accept and provide constructive criticism, 7.05 Be able to perform their responsibilities successfully, independently, and efficiently in a diverse work environment with minimal direct supervision, 7.06 Be able to work reliably on a regularly scheduled basis during the term of the contract, 7.07 Be able to learn to use the City's computer system effectively within a reasonable time frame, 7.08 Be responsible for maintaining the integrity of and access to confidential information, especially information maintained on the city's computer records systems, consistent with the requirements of the State of Florida Sunshine Law . requirements, licensing restrictions, and copyright limitations.. 7.09 Be able to prepare and record written reports and records of work activities and accurately log daily activities in the City's computer system, 7.1.0 Be able to effectively listen to, understand and provide reliable answers to questions from owners, contractors, architects, engineers, neighbors, supervisors and co-workers, 7.11. Be able to work during normal business hours of 7:30-4:30, Monday through Friday or as agreed upon otherwise with their supervisor, as well as irregular hours as required during an emergency or natural disaster, 7.12 Be able to safely operate a motor vehicle in the course of their daily assignments 7.14 Be able to work effectively with other city employees and employees from competing bidders The City reserves the exclusive right to reject any employee provided by any bidder at any time. 1128/2015 9:42 AM p.16 City of Fort Lauderdale Bid 855-11487 PART V--PROPOSAL EVALUATION CRITERIA The award of the contract will be based on certain objective and subjective considerations listed below: Understanding of the overall needs of the City for such services, as presented in 30% the narrative proposal. This will include problem identification and the proposed method to accomplish the work required. Guarantee of minimal staffing (6,000 hours of inspection services) in the event of an emergency or natural disaster 10% Experience, qualifications and past performance of the proposing firm, including 30% persons proposed to provide the services,facilities, resources and.references. Cost to the City 30% TOTAL PERCENT AVAILABLE: 100% An evaluation committee of qualified City Staff or other persons selected by the City will conduct evaluations of proposals. It may be a two-step process. In step one, the committee will evaluate all responsive proposals based upon the information and references contained in the proposals as submitted. The committee shall review each proposal and rank each proposer's evaluation criteria as stated in this RFP(i.e. criteria 1, Z, 3, 4), and determine a minimum of three(3), if more than three(3) proposals are responsive, to be finalists for further consideration. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. In step two, the committee may conduct discussions (oral presentations), for- clarification purposes only, with the finalists and re-score and re-rank the finalists' proposals. The evaluation committee may then make a recommendation, resulting from this process, to the City Manager for award of a contract. The City may require visits to customer installations or demonstrations of product by Contractor's, as part of the evaluation process. The City of Fort Lauderdale reserves the right, before awarding the contract, to require a Proposer to submit any evidence of its qualifications as the City may deem necessary, and to consider any evidence available of financial, technical and other qualifications and capabilities, including performance experience with past and present users. The City of Fort Lauderdale reserves the right to request additional clarifying information and request an oral presentation from any and all Proposers prior to determination of award. The City reserves the right to award the contract to that Proposer who will_best serve the interest of the City. The City reserves the right based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process. 1/28/2016 9:42 AM p.17 City of Fort Lauderdale Bid 655-11487 The City uses a mathematical formula for determining allocation of evaluation criteria including cost points, to each responsive, responsible.proposer. Each evaluation criteria stated in the RFP has an identified weighted factor. Each evaluation committee member will -rank each criterion, from each proposer, giving their first ranked proposer as number 1, and second proposer as number 2 and so on. The City shall average the ranking for each criterion, for all evaluation committee members, and then multiply that average ranking by the weighted criteria identified in the RFP. The lowest average final ranking score will determine the recommendation by the evaluation committee to the City Manager. 1/28/2015 8:42 AM Q,18 City of Fort Lauderdale Bid 855-11487 PART VI -REQUIREMENTS OF THE PROPOSAL All proposals must be submitted as specified on the proposal pages, which follow. Any attachments. must be clearly identified. To be considered,the proposal must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by a proposer to respond to a requirement, the response should include reference to the document number and page number. Proposals not providing this reference will be considered to have no reference material included in the additional documents. The City prefers all responses to this RFP to be less than 53 pages and that the Contractor utilize recyclable materials as much as possible. Expensive or fancy binders are not preferred. All proposals must be submitted in a sealed package with the RFP number, due and open date, and RFP title clearly marked on the outside. If more than one package is submitted they should be marked 1 of 2, etc. THIS IS A PAPER RFP WITH CD's. All proposals must be received by the City of Fort Lauderdale, in the Procurement Services Division, Room 619, City Hall, 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301 prior to 2:00 pm on the date specified in PART II — RFP SCHEDULE. Submittal of response by fax or e-mail will NOT be acceptable. PROPOSERS MUST SUBMIT AN IDENTIFIED ORIGINAL HARD COPY, PLUS (2) ADDITIONAL HARD COPIES OF THEIR PROPOSAL PAGES INCLUDING ANY ATTACHMENTS. THE ABOVE REQUIREMENTS TOTAL (3) HARD COPIES OF YOUR PROPOSAL. CONTRACTORS SHOULD SUBMIT YOUR PROPOSAL ALSO ON A CD. CONTRACTOR SHOULD PROVIDE (1 0) CD COPIES OF YOUR PROPOSAL. CD COPIES MUST MATCH THE ORIGINAL HARDCOPY. IN CASE OF ANY DISCREPENCY BETWEEN THE ORIGINAL HARD COPIES AND THE CD, THE ORIGINAL HARD COPY PREVAILS. FAILURE TO PROVIDE PROPOSALS AS STATED ABOVE, MAY BE GROUNDS TO FIND CONTRACTOR NON- RESPONSIVE. The proposer understands that the information contained in these Proposal Pages is to be relied upon by the City in awarding the proposed Agreement, and such information is warranted by the proposer to be true. The proposer agrees to furnish such additional information, prior to acceptance of any proposal, relating to the qualifications of the proposer, as may be required by the City. A representative who is authorized to contractually bind the Contractor shall sign -the Bid/Proposal Signature page. .Omission of a signature on that page may result in rejection of your proposal. 1/28/2015 9:42 AM P.19 City of Fort Lauderdale Bid 855-11487 PART VII-PROPOSAL PAGES—COST PROPOSAL Cost to the City: Contractor must quote firm, fixed, regular and overtime hourly rates for all services identified in this request for proposal. Nothing in this section shall be considered a guarantee of a minimum level of work by the City. The hours listed are the current estimates of use anticipated in each.area, but the City makes no promise of a minimum number of hours of work for any successful contractor or in any of the areas listed. Failure to use the City's COST PROPOSAL Pane and provide costs as requested In this RFP may deem Your proposal non-responsive. Hourly Rates: The. hourly and overtime rates proposed for each service shall include full compensation for labor, use of equipment provided by the contractor, and any other cost to the proposer. The typical regular hours are 7:30 am —4.30 pm or 8:00 am —5:00 pm Monday through Friday, excluding official City Holidays. No travel time will be paid for travel to and from offices or homes. Inspectors: Structural Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Electrical Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Mechanical Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Plumbing Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Engineering Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Landscaping 'Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Plan Examiners: Structural Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Electrical Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Mechanical Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Plumbing Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour 1/28/2015 9:42 AM P.20 City of Fort Lauderdale Bid 855-11487 Building Officials: Asst. Building Official Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Building Official Regular Hourly Rate.....$ per hour Overtime Hourly Rate...$ per hour Estimated Annual Costs Based on Estimated Hours per Year in each service area as follows: Inspectors: Structural 8,000 Regular Hours Per year x$ per hour= $ Electrical 800 Regular Hours Per Year x$ per hour=$ Mechanical 2,000 Regular Hours Per Year x$ per hour= $ Plumbing 2,000 Regular Hours Per Year x$ per hour=$ Engineering 500 Regular Hours Per Year x$ per hour= $ Landscaping 500 Regular Hours Per Year x$ per hour= $ Subtotal Inspectors $ Plan Examiners: Structural 6,000 Regular Hours Per Year x$ per hour=$ Electrical 1,200 Regular Hours Per Year x$ per hour=$ Mechanical 2,000 Regular Hours Per Year x$ per hour= $ Plumbing 1,300 Regular Hours Per Year x$ per hour= $ Subtotal Plan Examiners $_ Building Officials: Asst. Building Official 240 Regular Hours Per Year x$ per hour=$ Building Official 240 Regular Hours Per Year x$ per hour= $ Subtotal Building Officials $- 1/28/2015 9:42 AM p:21 City of Fort Lauderdale Bid 855-11487 Emergency/Natural Disaster Inspections Structural 1,500 Regular Hours per event x$ per hour= $ Electrical 1,500 Regular Hours per event x$ per hour= $ Mechanical 1,500 Regular Hours per event x$ per hour= $ Plumbing 1,500 Regular Hours per event x$ per hour=$ Subtotal Emergency/Natural Disaster Inspections $ Total Inspectors + Plan Examiners + Building Officials +Disaster hours $ 1128/2015 9:42 AM p,22 City of Fort Lauderdale Bid 855-11487 Vill -PROPOSAL PAGES -TECHNICAL PROPOSAL The following issues should be fully responded to in your proposal in concise narrative form. Additional sheets should be used, but they should reference each issue and be presented in the same order. Tab 1: Bid/Proposal and Signature pages Tab 2: Cost Proposal Page ! Tab 3: Non-Collusion Statement Tab 4: Letter of Interest, The letter of interest may contain any other information not in the proposal but should not exceed two (2) pages. Tab 5: Statement of Proposed Services. Proposals should respond to scope of work. They should be no longer than twelve (12) pages (single sided), and be comprised of three general components: (a) an assessment of capability and approach to perform the scope of service; (b) identification of Proposer's distinctive competence, staff qualifications assigned to this account with their experience and skills they bring to this assignment, along with resume of experience and qualifications; (c) estimated timetables(e.g..marketing). Tab 6:. Business Licenses. Provide evidence that your firm and/or persons performing the work are licensed to do business in the State of Florida. Tab 7: Evidence of Insurance. Certificate of Insurance showing coverage, forms, limits. Actual insurance certificates will be required from recommended contractor, prior to award. Tab 8: Proposer's assessment of the City of Fort Lauderdale's needs and the quality of the proposal to meet those needs, including a plan/outline. Tab 9: Proposer's'ability to assign appropriate resources to the account in a timely manner. Tab 10: Additional services available in-house, not requested by the City in Part 1V- technical specifications/scope of work with fee schedule for those services (For Informational Purposes Only). Tab 11: List of clients/references for whom you have provided similar services in the last three years; Provide agency name, address, telephone number, contact person, and date service was provided. Be prepared to provide, upon request, evidence of work product, ability to meet schedules, cooperation, and responsiveness. Attach additional sheets if necessary. Please do not Include City of Fort Lauderdale or. its employees as references when submitting your proposal. Tab 12: Any additional attachments to your proposal. 1/=015 9.42 AM p•23 City of Fort Lauderdale Bid 855-11487 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions are standard for all contracts for commodities or services Issued through the City of Fort Lauderdale Procurement Services -- Division. The City may delete,supersede,or modify any of-these standard instntdions for a particular contract by Indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications,Instructions,Proposal Pages,Addenda,and Legal Advertisement. In this general conditions document,Invitation to Bid(ITB)and Request for Proposal(RFP)are interchangeable. PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are..rasponsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax,please contact BidSync. If you wish purchase orders sent to a different address,please so indicate in your bid response. If you wish payments sent to a different address,please so indicate on your invoice. 4.02 DELIVERY: Time will be of the essence for any orders placed as a result of this iTB. The City reserves the right to cancel any orders,or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach ail packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed paddng slip attached to the outside of shipment may result in refusal of' shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery,at the place of acceptance,and receipt of correct Invoice,at the office specified,whichever occurs last. 1.06 . TOTAL BID DISCOUNT: if Bidder offers a discount for award of all Items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City fora period of one hunched twenty(120)days from the date of bid opening unless otherwise stated In the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how sligts,from ITB General Conditions, Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the since provided on the bidder proposal pages. If variances are not stated,or referenced as required,it wil I be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City.. If any bid contains material variances that, In the City's sole opinion, make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is declared,by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond;do not offer product or service,unable to meet.specifications, schedule would not permit, or any other reason, in the space provided in this iTB. Failure to bid or return no bid comments prior to the bid due and opening data and time, indicated in this ITB,.may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS:'The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises(MBE),Women Business Enterprises(WBE),and Small Business Enterprises (SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE)"A Minority Business" Is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,racial,chronic economic circumstances or background or other similar cause. Such persons include,but are not limited to: Blacks,Hispanic,Asian Americans,and Native Americans. The term"Minority Business Enterprise"means a buslness at least 51 percent of which Is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence,minority group members are citizens of the United States who include,but are not limited to: Blacks,Hispanics,Asian Americans, and Native Americans. Women Business Enterprise(WBE)a'Women Owned or Controlled Business"is a business enterprise at least 51 percent of which Is owned by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females. Small Business Enterprise(SBE)"Small Business°mean a corporation, partnership,sole proprietorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated, has either'lewer than 100 employees or less than$1,000,000 in annual gross receipts. BLACK,which includes persons having origins in any of the Black racial groups of Africa. Form G-107 Rev.05/14 Page I 1/28/2015 9:42 AM p;24 City of Fort Lauderdale Bid 855-11487 WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERiCAN,which includes persons whose origins are Arr.`erican Indians,Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE) and women-owned (ME) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, 4 is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions In this area. If proposers are considering minority or women owned enterprise participation in their proposal,those fmrs,and their specific duties have to be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBENVBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES This Section applies to any contract for goods or services of$1 million or more: The Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135,Florida Statutes(2011),as may be amended or revised. The City may terminate this Contract at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135,Florida Statutes(2011),as may be amended or revised,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria,as defined in Section 287.136,Florida Statutes(2011),as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or,proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and.subcontractors are presently debarred or suspended by any.Federal department or agency. Part Il DEFINITIONSIORDER OF PRECEDENCE: 2.01 BIDDING-DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders,addenda and any other document used in the bidding process: INVITATION TO BID(iTB)when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers. BID-a price and terms quote received in response to an iTB. PROPOSAL-a proposal received In,response to an RFP. BIDDER-Person or firm submitting a Bid. PROPOSER-Person or firm submitting a Proposal. RESPONSIVE BIDDER-A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER-A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER-That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained in the RFP.. SELLER-Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR-Successful Bidder or Proposer who is awarded a Purchase Order,award Contract Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. CONTRACT-A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies,services or construction. CONSULTANT-Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB andfor RFP; Bid or Proposal;Bidder, Proposer,or Seller,Contractor or Consultant,Contract,Award,Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this iTB that.may be in variance or conflict with these General Conditions shall have precedence over these.General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART NI BIDDING AND AWARD'PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid•opening date and time. Unless otherwise specified,Bidders.should use the proposal forms provided by the City. These forprs may be duplicated,but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted try the Bidder shall be printed,typewritten•or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes property marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB,bids sent via FAX will be rejected. Bids will be publicly opened in the Procuriament Office,or other designated area,in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the-public In accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITS is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,Bidder shall provide adequate informabon to allow the City to determine if the model bid meets the Clty's requirements_ Form G-107 Rev.05114 Page 2 1/28/2015 9:42 AM p.25 City of Fart Lauderdale Bid 855-11487 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.D.B. destination,freight prepaid(Bidder pays and bears freight charges,Bidder owns goods in transit and files any claims),unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 594000319,and State Sales tax exemption number Is 884013875678C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed In this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications Call for a brand name,manufacturer,make,model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state dearly in the bid any variance from those specifications. It is the Bidders responsibility to provide adequate information,In the bid,to enable the City to ensure that the bid meets the required criteria. if adequate Information is not submitted with the bid,it may be rejected. The City will be the sole judge in determining if the Item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical'specif'nations may irx;lude items that are considered minimum,mandatory,or required. If any Bidder is unable to meet or exceed these items,and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions,specifications,drawings,exhibits,addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bigler to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless othervAse specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested,must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty(30)days of bid award at Bidder's expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing,factors such as the following may be considered: estimated useful life,maintenance costs,cost of supplies,labor intensity,energy usage,environmental impact and residual value. The City reserves the right to use those or other applicable criteria,in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content,Bidder shall pro%4de documentation adequate for the,City to verify the recycled content. The Cit<1 prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONSANSPECTION: Bids will only be considered from firms normally engaged in providing,the types of commoditWservices specified herein. The City reserves the right to.inspect the Bidder's facilities,equipment,personnel,and organization at any time,or to take any other action necessary to determine Bidders ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be In the fort of a bid bond or cashiers check. Bid security will be retumed to the unsuccessful bidders ag soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the perbmanee bond,if required;acceptance of insurance coverage,if required; - and full execution of contract documents,if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDSITRADE SECRETSiCOPYRIGHT. The Proposers response to the RFP is a pubic record pursuant to Florida law,which is subject to disclosure by the City under the.State of Florida Public Records Law,Florida Statutes Chapter 119.07("Public Records Law"}. The City shall permit public access to all documents,papers,letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposers response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07("Public Records Laws',the Proposer shall clearly designate that it Is a Trade Secret and that it is asserting that the documed or information Is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposers response to the RFP constitutes a Trade Secret. The clty's determination of whether an exemption applies shall be final, and the proposer agrees to defend, Indemnify, and hold - Form G-107 Rev.05114 Page s 1/28/2015 9:42 AM P.26 City of Fort Lauderdale Bid 855-11487 harmless the city and the city's officers,employees,and agent,against any loss or damages incurred by any person or entity as a result of the clty s.treatment of records as public records.Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL, DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,officers or employees affiliated with it,unless the bidding firm has fully compiled with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The Crty reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids, and minor Irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis,lump sum basis,individual item basis,or such combination as shall best serve the interest of the City- The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when anolieable: the ability, capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference; the character, integrity, reputation,judgment, experience and efficiency of the Bidder;the quality of past performance by the Bidder, the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidders supplies or services to the required use; the ability of the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right,in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has subeessfully provided services to the City in the past. This procedure to continue until a bidder.is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations,shall govern development,submittal and evaluation of all bids received in response hereto and shall govem arty and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION(DIRECTOR),BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR WITHIN FIVE(6)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITVS WEB SiTE AT THE FOLLOWING LINK: htto://'www.fbrtlauderdal8.,may/parchning/h oUces of intanthtm THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CiT%"S WEB SITE AT THE FOLLOWING LINK: httn;MMMM fottlauderdale.aflvlou rchasinciprobmtordlnance.>sxlf P�iRT iV BONDS AND INSIiR SCE 4.01 PERFORMANCE BOND: ff a performance bond is required in Special Conditions,the Contractor shall within fifteen(15)working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale,Florida,in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Llability Insurance.and shall have no less than thirty(30)days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the,sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5,01 COMPLIANCE TO SPECIFICATIONS,LATE DELIVERIESiPENALTIES: Items offered may be(tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting In contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in: Bidders name being removed from the City's bidders mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. - Al other remedies in law or equity. Form G-107 Rev.05114 Page 4 1/28/2015 9:42 AM p.27 City of Fort Lauderdale Bid 855-11487 5.02 ACCEPTANCE, CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall indude standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall amply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended,and be In compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data Sheet (SDS). 5.04 ASBESTOS STATEMENT: All material supplied must be 100%,aabestos free. Bidder, by virtue of bidding, certifies that N awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder Is awarded a contract as a result of the ITB,the bidder may,if the bidder has sufficient capacity or quantities available,provide to other govemmental agencies,so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B.delivered to the requesting agency. 5.06 VERBAL.INSTRUCTIONS PROCEDURE. No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a*result of any discussions with any City employee. Only those communications which are in writing from an authorized Cky representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5:07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees,or agents of the City. Personnel policies,tax responsibilities,social security,health insurance,employee benefits,procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the -- Contractor. 5.08 INDEMNITYIHOLD HARMLESS AGREEMENT., The Contractor agrees to protect,defend, indemnify, and hold harmless the City of Fort Lauderdale and its officers, employees and agents from and against any and all losses, penalties, damages, seittements, claims, costs, charges for other expenses,or liabilities of every and any kind including attorneys fees,in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of arty agreement that may arise due to the bidding process. Without lirrriting Me foregoing, arty and all such claims,suits,or other actions relating to personal Injury,death,damage to properly,defects in materials or workmanship,actual or alleged violations of any applicable Statute,ordinance,administrative order,rule or regulation,or decree of any court shall be Included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this►greement,the'City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable'for any damages caused to the City by reason of such default and termination. In the event-of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Corrirector,however,shall not be relieved.of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The(pity reserves the right,in its best interest as determined by the City,to cancel contract by giving written notice to the Contractor.thirty(30)days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the avallablllty of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,Mess otherwise authorized by law. 5.12 RECORDSIAUDiT: The Contractor shall maintain during the term of the contract all books of account,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or designee,during normal business hours and In Braward,Miami-0ade or Palm Beach Counties,all books of account, reports and records relating to this contract should be retained far the duration of the contred and for three years after the final payment under this Agreement,or until all pending audits,investige6oris or litigation matters relating to the contract are dosed,whichever is later.. 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses,fees and taxes,required to comply with all local ordinances,state and federal laws,rules and regulations applicable to business to be carved out under this contract. 5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state,local and municipal laws, ordinances mules and regulations that would apply to this contract. 5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color, creed, age or national origin in the operations conducted under this conh act. 5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contrador's cost in providing the required prior items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstanoss must be beyond the control of the Contractor, Form G-107 Rev.05114 Page 5 1/2812015 9:42 AM p,28 1 City of Fort Lauderdale Bid 855-11487 and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty(30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm foxed(non-adjusted)cost until the termination of the contract term then in effect. 3. If the City,in Its interest and in its sole opinion,determines.that the Contractor in a capricious manner attempted to use this section of the contract to relieve themselves of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted eoists shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.17 ELIGIBIUTY: If applicable,the Contractor must first register with the Department of State of the State of Florida,in accordance with Florida State Statutes,prior to.entering into a contract with the City. 5.18 PATENT19 AND ROYALTIES: The Contractor,without exception,shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including its use by the City. If the Contractor uses any design,device,or materials covered by letters, patent or copyright,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved In the work. 5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies,which.may become due hereunder, are not assignable exoW with the prior written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval. 5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County,Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation,requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service,and underground facilities are maiked'with paint,stakes or other markings within the City pursuant to such a request, then the Contractor,shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5)of the City of Fort Lauderdale Code of Ordinances. 5.22 PUBLIC AGENCY CONTRACTS FOR SERVICES: if applicable,for each public agency contract for services,Contractor Is required to comply with F.S.119.0701,which Includes the following: a)Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perforrn the service. (b)Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d)Meet all requirements for retaining public records and transfer,at no cost,to the public agency, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Form G-107 Rev.05114 Page 6 1/2812015 9:42 AM p.29 City of Fort Lauderdale Bid 855-11487 NOW COLLUSION STATEMENT: By signing this offer,the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any rslative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with Ci of Fort Lauderdale, FL Polic and Standards Manual 6.14.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest(e.g. ownership of five(5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not Indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationships exist. 1h812015 9:42 AM p.30 City of Fort Lauderdale Bid 855-11487 BIDIPROPOSAL SIGNATURE PAGE How to submit bids/proposals: Proposals must be submitted by hard copy only. It will be the sole responsibility of the Bidder to ensure that the bid reaches the City of Fort Lauderdale, City Hall, Procurement Services Division, Suite 519, 100 N:Andrews Avenue, Fort Lauderdale, FL 33301, prior to the bid opening date and time listed. Bids/proposals submitted by fax or email will NOT be accepted. The below signed hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the CITY and such acceptance covers all terms, conditions,and specifications of this bid/proposal. Please Note: All fields below must be completed. If the field does not apply to you, please note N/A in that field. Submitted by: (signature) (date) Name(printed) Title: Company: (Legal Registration) CONTRACTOR, IF FOREIGN CORPORATION, MAY BE REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY FROM THS DEPARTMENT OF STATE: IN ACCORDANCE WITH FLORIDA STATUTE 6607.1501 (visit htta:llwww.dos.state.fl.us/1. Address: City State: Zip . Telephone No. FAX No. Email: Delivery:Calendar days after receipt of Purchase Order(section 1.02 of General Conditions): Payment Terms(section 1.04): Total Bid Discount(section 1.05): Does your fain qualify for MBE or WBE status(section 1.09): MBE WBE ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued P-CARDS: Will your firm accept the City's Credit Card(VISA!MasterCard)as payment for goods/services? VISA YES NO MasterCard YES NO VARIANCES: State any variations to specifications, terms and conditions in the space provided below or reference in the space provided below all variances contained on other pages of bid, attachments or bid pages. No variations or exceptions by the Proposer will be deemed to be part of the bid submitted unless such variation or exception is listed and contained within the bid documents and referenced in the space provided below. If no statement is contained in the below space, it is hereby implied that your bid/proposal complies with the full scope of this solicitation. PLEASE STATE ANY VARIANCES OR EXCEPTIONS BED If this section does not apply to your bid,simply mark NIA in the section below. Variances: revised 06/11/14 1/28/2015 9:42 AM p.31 Cify of Fort Lauderdale Bid 855-11487 .Question and Answers for Bid #85.5-11487 - Inspection and Plan Examination Services OVERALL BID QUESTIONS f 3 I i 1/28/2015 9:42 AM p.32