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2015-29011 Reso RESOLUTION NO. 2015-29011 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO TERMINATE RFP NO. 2015-095-MT FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES (GIVEN THAT NO PROPOSALS WERE RECEIVED IN RESPONSE HERETO), AND APPROVING THE ISSUANCE OF A NEW REQUEST FOR PROPOSALS (RFP) NO. 2015- 176-JR FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES; AND AUTHORIZING A MONTH-TO-MONTH EXTENSION OF CONTRACT NUMBER ITB 33-11/12 FOR ELEVATOR INSPECTIONS. WHEREAS, Request for Proposals No. 2015-095-MT, for Elevator Inspections and Plans Review Services, was issued on February 13, 2015, with a deadline for receipt of proposals of March 16, 2015 (the RFP); and WHEREAS, a pre-proposal conference to provide information to the proposers was held on February 27, 2015; and WHEREAS, there were no proposals received in response to the RFP; and WHEREAS, the City Manager recommends the reissuance of a new Request for Proposals (RFP); and WHEREAS, the City Manager also recommends a month-to-month extension of Contract Number ITB 33-11/12 for Elevator Inspections. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepts the recommendation of the City Manager to terminate RFP No. 2015-095-MT for Elevator Inspections and Plans Review Services (given that no proposals were received in response hereto), and approving the issuance of a new Request for Proposals (RFP) No. 2015-176-JR for Elevator Inspections and Plans Review Services; and authorizing a month-to-month extension of contract number ITB 33-11/12 for Elevator Inspections. PASSED AND ADOPTED this 6 day of Ma 2015. ATTEST: AtO 5- 13,' I s '41 /// •.fael E. Granado, City Clef • ...••..� '"4,silip Levi, - ry'e' 4,1 E APPROVED AS TO .INCORP ORATED: I FORM & LANGUAGE FORE ECUTION nl - .,� G���.•� City Att orney Date T:\AGENDA\2015\May\PROCUREMENT\RFP-2015-095-MT Elevator Inspections and Plans Review(Reissuance)-Resolution.doc COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO TERMINATE RFP NO.2015-095- MT FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES(GIVEN THAT NO PROPOSALS WERE RECEIVED IN RESPONSE HERETO),AND APPROVING THE ISSUANCE OF A NEW REQUEST FOR PROPOSAL (RFP) NO. 2015-176-JR FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES; FURTHER AUTHORIZING A CONTINUING MONTH-TO-MONTH EXTENSION OF CONTRACT NUMBER ITB 33-11/12 FOR ELEVATOR INSPECTIONS. Key Intended Outcome Supported: Maximize The Miami Beach Brand As A World Class Destination Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: On May 9, 2012, the City Commission approved the contract with Miami Elevator Inspections, Inc., A-1 Elevator Inspection, Inc., and Up & Down Elevator Inspections pursuant to ITB 33-11/12, for Elevator Inspection Services. The agreement with these firms is currently effective through May 30, 2015 and no further options for renewal are available. On February 11, 2015,the City Commission approved to issue the Request for Proposals(RFP)No.2015- 095-MT. On February 13, 2015, the RFP was issued. A voluntary pre-proposal conference to provide information to the proposers was held on February 27, 2015. RFP responses were due on March 16,2015. There were no responses to the solicitation. Given that these services are still needed by the Building Department,a new solicitation needs to be issued to establish a new contract. In the interim, the current agreement for inspections should be continued on a month-to-month basis. RECOMMENDATION The Administration recommends that the Mayor and Commission terminates RFP no. 2015-095-MT for Elevator Inspections and Plans Review Services; authorize the issuance of RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached) and continue a month-to-month extension of contract number ITB 33-11/12 for elevator inspections. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: e! rtment �'r, `or Assistant City M City %tanager AD Ill' 'iI !'i rV kvir T:WGEN I' \2015\May\PROCUREMENT\RFP-2015-095-MT Elevator lnspec ins and Plans Review(Reiss - =)-Summary.doc M AM EA' H AGENDA ITEM C 71c®ATE s- C MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City Coij mission FROM: Jimmy L. Morales, City Manager — DATE: May 6, 2015 SUBJECT: A RESOLUTION OF THE MAYO'', CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEP' ING THE RECOMMENDATION OF THE CITY MANAGER TO TERMINATE RFP NO. 2015-095-MT FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES (GIVEN THAT NO PROPOSALS WERE RECEIVED IN RESPONSE HERETO), AND APPROVING THE ISSUANCE OF A NEW REQUEST FOR PROPOSAL (RFP) NO. 2015-176-JR FOR ELEVATOR INSPECTIONS AND PLANS REVIEW SERVICES; FURHTER AUTHORIZING A CONTINUING MONTH-TO-MONTH EXTENSION OF CONTRACT NUMBER ITB 33-11/12 FOR ELEVATOR INSPECTIONS. ADMINISTRATION RECOMMENDATION Terminate RFP No. 2015-095-MT for Elevator Inspections and Plans Review Services; authorize the issuance of a new RFP no. 2015-176-JR for Elevator Inspections and Plans Review Services and continuing month-to-month extension of contract number ITB 33-11/12 for elevator inspections. KEY INTENDED OUTCOME SUPPORTED Build and Maintain Priority Infrastructure with Full Accountability FUNDING N/A BACKGROUND On May 9, 2012, the City Commission approved the contract with Miami Elevator Inspections, Inc., A-1 Elevator Inspection, Inc., and Up & Down Elevator Inspections pursuant to ITB 33- 11/12, for Elevator Inspection Services. The agreement with these firms is currently effective through May 30, 2015 and no furhter options for renewal are available. On February 11, 2015, the City Commission approved to issue the Request for Proposals (RFP) No. 2015-095-MT. On February 13, 2015, the RFP was issued. A voluntary pre- proposal conference to provide information to the proposers was held on February 27, 2015. RFP responses were due on March 16, 2015. There were no responses to the solicitation. Given that these services are still needed by the Building Department, a new solicitation needs to be issued to establish a new contract. In the interim, the current agreement for inspections should be continue on a month-to-month basis. SCOPE OF SERVICES Please Reference RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached). Commission Memorandum —RFP No. 2015-095-MR: Elevator Inspections & Plans Review May 6, 2015 Page 2 MINIMUM QUALIFICATIONS Please Reference RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached). MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached). EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached). CONCLUSION The Administration recommends that the Mayor and Commission terminates RFP no. 2015- 095-MT for Elevator Inspections and Plans Review Services; authorize the issuance of RFP 2015-176-JR for Elevator Inspections and Plans Review Services (attached) and continue a month-to-month extension of contract number ITB 33-11/12 for elevator inspections. ATTACHMENTS RFP 2015-176-JR for Elevator Inspections and Plans Review Services. JLM/JMJ/MF/AD/JVR T:\AGENDA\2015\May\PROCUREMENT\RFP-2015-095-MT Elevator Inspections and Plans Review(Reissuance)-Memo.doc REQUEST FOR PROPOSALS ( REP ELEVATOR INSPECTION AND PLAN REVIEW SERVICES RFP No. 2 RFP ISSUANCE DATE: MAY 1, 2015 PROPOSALS DUE: JUNE 2, 2015 @ 3:00 PM ISSUED BY: MIAMI BEMIAMIBEACH Joe V. Rodriguez, CPPB, FCCM, Procurement Coordinator PROCUREMENT DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x.6263 I Fax: 786.394.54941joerodriguez@miamibeachfl.gov ' B EAC H TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 10 0400 PROPOSAL EVALUATION 12 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 14 APPENDIX B "NO PROPOSAL" FORM 21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 23 APPENDIX D SPECIAL CONDITIONS 25 APPENDIX E COST PROPOSAL FORM 27 APPENDIX F INSURANCE REQUIREMENTS 29 RFP 2015-176-JR 2 M,I AM! BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is accepting Proposals from those qualified parties interested in providing the City with Elevator Inspection and Plan review Services for the City of Miami Beach Building Department on an "as needed basis" and an on-going basis from a successful proposer that will provide these services in a timely manner. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: RFP Issued May 1, 2015 Pre-Proposal Meeting May 20, 2015 @ 10:00 AM Deadline for Receipt of Questions June 4,2015 @ 5:00PM Responses Due June 25, 2015 @ 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(a�miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7490, EXT 6263 joerodriguez @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: Rafaelgranado miamibeachfl.gov; or via facsimile: 786-394-4188. RFP 2015-176-JR 3 MIAMI BEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 4142489# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS_..... .......... ............ CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES... CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT ... CITY CODE SECTIONS 2-407 THROUGH 2-410 RFP 2015-176-JR 4 MIAMI BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE............... ......................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar day's written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements,of City Code Section 2- 371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach:Ordinance No. 2011- 3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise. 12. DETERMINATION OF AWARD. The final ranking results of Step 1'8, 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified:herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations (1) The ability, capacity and skill of the Proposerto perform,the contract. (2) Whether the Proposer can perform,the'contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall ,consider the City Manager's recommendation and may approve such recommendation. The City.Commis`sion may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. The City may award,up'to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will'endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening. 14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions RFP 2015-176-JR 5 MIAMI BEACH and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 15. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 16. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be.considered employees or agents of the City. 17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and,services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 19. PAYMENT. Payment will be made by the City after the,goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 20. PATENTS & ROYALTIES. Proposer shall indemnify�,and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by.letters,.patent;or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include'.all royalties or cost arising from the use of such design, device, or materials in any way involved in the work: 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance'with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the RFP 2015-176-JR 6 MIAMI BEACH Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 24. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be'construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding,,the financial'; technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they, have been designated as authorized representatives of a manufacturer or supplier, which is the:actual source:,of supply. In these instances, the City may also require material information from the source of supply'regarding the quality, packaging, and characteristics of the products to be supply to the City. t, 25. ASSIGNMENT. The successful Pro oser shall not assign, transfer, convey, sublet or otherwise dispose of the p 9 Y p contract, including any or all of its right, title'Or,interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 26. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. • 27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit'agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 29. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then RFP 2015-176-JR 7 MIAMI BEACH B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon...The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless.and'defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(4,'Art, 1ofthe State Constitution until such time as the City provides notice of an intended decision or until thirty, (30)-days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in'full compliance;:with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain'public records'that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency;would provide,the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records;,disclosure, requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the:contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and''exempt from public records disclosure requirements. All records stored electronically must be provided to the'public agency in a format that is compatible with the information technology systems of the public agency. 33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 34. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and RFP 2015-176-JR 8 MIAMI BEACH clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. Balance of Page Intentionally Left Blank RFP 2015-176-JR 9 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire 84, Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of,providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. This experience should include at least three (3) years in providing serv.ices.outlined in the,RFP. For each project(at least three)that the proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone &email, and year(s) and term of engagement. 2.2 Qualifications of'Proposing Firm's Team Members. Proposer shall include resumes, copies of licenses and certifications for Elevator Inspectors, Plan Reviewers, and all key personnel to be used for services under this contract. Resumes of each individual team member shall include education, experience, and any other pertinent information that will assist in determining the qualifications. 2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:llsupplierportal.dnb.com/webapplwcs/stores/servlet/SupplierPortal?storeld=11696 RFP 2015-176JR 10 MIAMI BEACH Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. TAB 3 Approach and Methodology Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. Firms selected under this RFP will not be able to perform private elevator inspections and testing services for private clients for the duration of the contract with the City of Miami Beach. Proposer must divest itself of all such services at the time it is selected. Proposer shall include a statement indicating Proposer's understanding of this preclusion and acceptance that provision and either does not provide such services in the City of Miami Beach or will divest itself of all such services at the time it is selected. TAB 4 Cost Proposal Submit a completed Cost Proposal Form (Appendix E). Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Balance of Page Intentionally Left Blank RFP 2015-176JR 11 MIAMI BEACH SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below,to be, considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications,criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may • review and score all proposals received, with or without conducting interview sessions; or • review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Step'1 -Qualitative Criteria Maximum Points • Experience and Qualifications 50 • Approach and Methodology 25 TOTAL AVAILABLE STEP 1 POINTS 75 3. Step 2 Evaluation. Following the'results of Step'1`Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be-added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-Quantitative Criteria • Cost Proposal`';;,` ' 25 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 30 4. Cost Proposal;Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Example Maximum Formula for Calculating Points Allowable Points Vendor Cost (Points noted are for (lowest cost I cost of proposal being Total Points Proposal illustrative purposes only. evaluated X maximum allowable points= Awarded Actual points are noted above.) awarded points)Round to Vendor A $100.00 20 $1001$100 X 20=20 20 Vendor B $150.00 20 $1001$150 X 20=13 13 Vendor C $200.00 20 $100 I$200 X 20= 10 10 RFP 2015-176-JR 12 MIAMI BEACH 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Balance of Page Intentionally Left Blank RFP 2015-176-JR 13 APPENDIX A MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-176-JR 14 Solicitation No: Solicitation Title: RFP 2015-176-JR ELEVATOR INSPECTION AND PLANS REVIEW SERVICES Procurement Contact: Tel: Email: JOE V. RODRIGUEZ,CPPB, FCCM 305-673-7000 x.6263 joerodriquez a(�miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Employees No of Years in Business: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. RFP 2015-176-JR 15 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling, and child)who is also an employee of the City of Miami Beach. Proposers'must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 3. Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last ten years. If an action has been filed, state and describe the,litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or fle number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action filed against respondent, or any respondent team member firm, in the past ten(10).years. If Respondent has no litigation history or regulatory action in the past 10 years,submit a statement accordingly. 4. References&Past Performance. Proposer shall submit at least three(3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due,to non- erformance by an ublic sector agency? .YES NO SUBMITTAL'REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s):,, .. • 6. Vendor,Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified,'in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics RFP 2015-176-JR 16 provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • the hourly living rate will be $11.62/Hour with health benefits of at least$1.69/Hour, and $13.31/Hour without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale, issued by.the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further'subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further.information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing'this affidavit document, Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors.maintain:51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic°,Partners ,Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded,a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide;to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners ofernployees?. YES NO C. Please check' all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To RFP 2015-176-JR 17 comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36,months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more'addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system; PublicPurchase.cam. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to'solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum,released by the,City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal"disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6': Addendum 11 Addendum 2 , Addendum 7 Addendum 12 Addendum 3 ;Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required submit under separate cover. • • RFP 2015-176-JR 18 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being,provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof:Any.Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal.;(or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed,by,the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall'be submitted in sealed proposal form and shall remain confidential to the extent permitted by • Florida Statutes, until the date and time.selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in,the Proposal;„ nd authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies,that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding,the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final un-appealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,or any action or inaction,by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFP 2015-176-JR 19 PROPOSER CERTIFICATION • I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: • Signature of Proposers Authorized Representative: Date: State of FLORIDA ) On this day of , 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: RFP 2015-176-JR 20 APPENDIX B AA I AM 1 BEACH " No Bid " Form RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note: it is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. RFP 2015-176-JR 21 MIAMI BEACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Joe V. Rodriguez, CPPB, FCCM PROPOSAL No. 2015-176-JR 1700 Convention Center Drive MIAMI BEACH, FL 33139 RFP 2015-176-JR 22 MIAMI BEACH APPENDIX C MIAMI BEACH Minimum Requirements & Specifications RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-176-JR 23 MIAMI BEACH Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Proposer shall have a minimum of three (3) years' experience providing the services outlined in the RFP and must provide at least three (3) references. References shall include the name of organization; organization contact name,telephone number and email address;and, a brief description of the work provided. 2. The inspectors and plan reviewers shall meet the definition of"Elevator Personnel" in ASME A17.1 Section 1.3 and have documented training and at least one (1) year of experience performing inspections and performing witnessing of tests as specified in ASME A17.1 and A18.1. 3. The inspectors and plan reviewers must be in possession of current ASME QEI certification issued by a certifying organization and a valid State of Florida, Department of Business and Professional,Regulations CEI (Certified Elevator Inspector) License. 4. Qualification and duties of the inspector shall meet or exceed the requirements of ASME QEI-1-2004, Part 2. C2. Statement of Work Required. ,, The Proposer hereinafter referred to as Contractor, will be required to provide elevator inspectors and elevator plan reviewers to the Building Department on an "as-needed basis" and an "on-going,basis"., Contractor shall supply certified elevator inspectors and certified elevator plan reviewers to conduct inspections ;and plan reviews for new construction and alteration/remodeling of existing buildings. In addition, Contractor shall Supply'certified elevator inspectors to perform annual certification inspections and witnessing tests for City of Miami Beach facilities. C2.1. ELEVATOR INSPECTIONS The Proposer shall perform inspections of elevators,pursuant to,ANSI/ASME A17.1 and A18.1 a as appropriate. Conduct technical field inspections of elevators during various phases of new construction and alteration/remodeling, if found in compliance with applicable codes'and regulations, and provide written comments, if found not in compliance with applicable codes and regulations. C2.2. PLAN REVIEW Review elevator plans, specifications and materials listed for residential and commercial projects, if found in compliance with applicable codes and regulations,' and provide written comments, if found not in compliance with applicable codes and regulations. Evaluate alternate methods'', :procedures, materials and products for compliance with the Florida Building Code requirements, whichever is applicable,depending on the date of the application or construction. Approve and disapprove proposed plans in accordance with the applicable Code and other regulatory requirements and discuss disapproved items with architects, engineers,contractors and/or owner builders to obtain plan changes necessary for approval. Render information concerning the applicable Code and make interpretations of its contents. Make decisions as to the feasibility of deviations from the Codes under various conditions. Perform related work as required by the Building Department. RFP 2015-176-JR 24 MIAMI BEACH APPENDIX D MIAMI BEACH Special Conditions RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015176gR 25 e' '• T�A. BEACH APPENDIX D: SPECIAL CONDITIONS 1. TERM OF CONTRACT. The term of the contract shall be for THREE (3) years 2. OPTIONS TO RENEW. TWO (2) ONE (1) year options to renew upon written mutual agreement. 3. PRICES. All prices shall be negotiated with the selected PROPOSER(s). 4. EXAMINATION OF FACILITIES. The City may award a minimum of two (2) Firm's, capable of providing elevator inspections and plans review services as requested in Appendix C, sub- section C.2 of the RFQ. In the event that there is only one (1) qualified Firm, the City will award and negotiate with the available Firm. However the City reserves the right to select additional Firm's in the event: 1) the contract awarded Firm is unable to provide the inspectors/reviewers needed; 2) it is deemed to be in the best interest of the City. 5. INDEMNIFICATION. Intentionally omitted. 6. PERFORMANCE BOND. Intentionally omitted. 7. REQUIRED CERTIFICATIONS. The elevator inspectors and plan reviewers must be in possession of current ASME QEI certification issued by a certifying organization and a valid State of Florida, Department of Business and Professional Regulations CEI (Certified Elevator Inspector) License. 8. SHIPPING TERMS. Intentionally omitted. 9. DELIVERY REQUIREMENTS. Intentionally omitted. 10. WARRANTY REQUIREMENTS. Intentionally omitted. 11. BACKGROUND CHECKS. Intentionally omitted. 12. Proposer's must demonstrate, if it is selected, that its Elevator Inspectors and Plan Reviewers hold all necessary licensure as specified in the RFQ and have at least three (3) years previous experience in their field. 13. PRECLUSIONS: Proposers selected under this RFQ shall not perform Private Provider Elevator Inspections and Plans Review services for private clients in the City of Miami Beach for the duration of the contract with the City of Miami Beach. Those projects for Private Provider Elevator Inspections and Plans Review services underway at the time of award of this contract shall be grandfathered in. RESPONDERS BY VIRTUE OF SUBMITTING A RESPONSE TO THIS RFQ, UNDERSTAND AND ACCEPT THIS REQUIREMENT; AND, EITHER DO NOT PROVIDE PRIVATE PROVIDER ELEVATOR INSPECTIONS AND PLAN REVIEW SERVICES IN THE CITY OF MIAMI BEACH OR WILL NOT SUBMIT ANY NEW APPLICATIONS TO PROVIDE SUCH SERVICES UPON SELECTION. 26 RFP 2015-176-JR MIAMI BEACH APPENDIX E MIAMI BEACH Cost Proposal Form RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-I ]6JR 27 MIAMI BEACH APPENDIX E PROPOSAL TENDER FORM Failure to submit Proposal Tender Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Proposer affirms that the prices stated on the proposal tender form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form shall be completed mechanically or, if manually, in INK. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. Group A Estimated Item Description U I M Annual Hours Unit Cost Total PER Al ELEVATOR INSPECTOR HOUR $ $ Group B U I M Estimated Item , Description Annual Hours Unit Cost Total PER B1 ELEVATOR PLAN REVIEWER HOUR $ $ TOTAL $ Proposer's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 28 RFP 2015-176-JR MIAMI BEACH APPENDIX F MIAMI BEACH Insurance Requirements RFP 2015-176-JR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RFP 2015-176-JR 29 r M I AM I BEACH INSURANCE REQUIREMENTS INSURANCE The vendor shall furnish to the Procurement Department, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami•teach must:be.included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned;and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Insurance required above must include a Waiver of Subrogation;.in favor of the City. All insurance policies required above shall be issued by companies authorized to do business; under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B"';,,as;to„,management, and no less than "Class V” as to financial strength, by the latest edition of Best's:;Insu'rance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,'subjecf to"the approval of the City Risk Management Division. orlf ... The company must hold :a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies 'Authorized or Approved to Do Business in Florida" issued by the State of Florida Department;of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification:or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700:;CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFP 2015-176-JR 30