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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members Of the City Commission Arthur Noriega V City Manager RECOMMENDATION: DATE January 11, 2021 SUBJECT: Authorizing an increase in capacity to Request for Proposal ("RFP") No. 41111317 for Job Order Contracting Consulting Services Based on the findings below, the Department of Procurement ("Procurement") on behalf of the Office of Capital Improvements ("OCI"), hereby recommends authorizing an increase in capacity beyond my delegated authority to the competitively solicited City of Tampa RFP No. 41111317 contract for Job Order Contracting ("JOC") Consulting Services. The awarded vendor, contract terms, and amount are shown below. Contract Number/Title: City of Tampa RFP No. 41111317 for Job Order Contracting Consulting Services Contract Amount: $170,032.00 per year ($510,096.00 in the aggregate) Contract Term: Two (2) years, with an option to renew for three (3) additional one (1) year periods. Recommended Vendor: The Gordian Group, Inc. BACKGROUND: OCI has a continuous need for professional consulting services for the development and implementation of a JOC ordering contracting system. Procurement on behalf of OCI recommends an increase in capacity beyond my delegated authority to the City of Tampa RFP No. 41111317, for JOC Consulting Services ("Tampa RFP"), which was competitively solicited under full and open competition, and meets all the City's needs. Procurement worked diligently with OCI to identify a piggy -back for these services offered by the Gordian Group, Inc. that had favorable contract terms and pricing for the City, which resulted in the accessing of the Tampa RFP. The initial accessing of this Tampa RFP was approved under my delegated authority of fifty thousand dollars ($50,000) for continuity of services. cc: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Nzeribe Ihekwaba, PhD., P.E., Assistant City Manager, Chief of Operations Hector Badia, Interim Director, OCI Yadissa A. Calderon, CPPB, Assistant Director, Procurement PR 21042 ACCESSING COMPETED CO-OP and GOVERNMENTAL CONTRACTS CHECK LIST CONTRACT NO.: RFP No. 41111317 TITLE: Job Order Contracting Consulting Services NAME OF ENTITY WHOSE CONTRACT THE CITY IS ACCESSING: City of Tampa PROCUREMENT CONTRACTING OFFICER: Cindy Brickey, CPPB, Certified Public Analyst DATE SUBMITTED: 12-07-2020 Accessing Co-ops and Governmental Contracts Package All Accessing of contacts must be reviewed and approved by the Department Director with signature below. Procurement Documents — to be included in Approval Package ® Award Memo from CPPO to the City Manager (if applicable) ❑ Agenda Item Summary Form (for Commission Approval — if applicable) ❑ Resolution (for Commission Approval — if applicable) ® Copy of this checklist signed by the Director Co-op/Governmental Agency Documents — to be included in Approval Package ® Copy of Tally/Evaluation Results (score sheets, ranking or summary) ® Copy of Contract's Advertisement & Distribution information ® Copy of Contract/Solicitation Being Accessed ® Copy of Award Sheet/Approval Documents ® Copy of Proposal/Bid Questions for the Procurement Contracting Officer handling this procurement: (1) Did you confirm with your client department that this piggy -back contract meets all of their needs? ® YES ❑ NO (2) Does this piggy -back have a not to exceed amount? ❑ YES ® NO (3) Is the awarded amount less than what the City is going to spend? ❑ YES ❑ NO (4) Does the scope of the City exceed the scope of the piggy -back? ❑ YES ® NO NOTES: 7/25/19 Accessing Contract — Checklist Page 2 ®APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. ❑ NOT APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. -4-- Annie Perez, CPPO Director, Department of Procurement 3/23/2009 CITY OF TAMPA Bob Buckhorn, Mayor PURCHASING DEPARTMENT Gregory K. Spearman, CPPO, FCCM Purchasing Director MEMORANDUM DATE: May 22, 2018 TO: Gregory K. Spearman, CPPO, FCCM, Purchasing Director FROM: Cindy Brickey, CPPB, Certified Procurement Analyst SUBJECT: RFP Award Recommendation Listed below are the proposals received for RFP #41111317, Job Order Contracting Consulting Services. The Evaluation Committee initially conducted an independent review of the proposals on "face value" and scored two (2) proposals submitted from the following Proposers: Proposer Total Points The Gordian Group, Inc. 82 Elevated Experience dba CISpencer Management 38 The Evaluation Committee decided to meet with the top one (1) Proposer. After meeting with the top one (1) Proposer, the Evaluation Committee discussed and re-evaluated the Proposer. The Evaluation Committee did not revise the score: Proposer The Gordian Group, Inc. Total Points (Final) Based on the review of the proposals submitted, the evaluation committee recommended The Gordian Group, Inc. to provide the required services. 306 E. Jackson St., 2E • Tampa, Florida 33602 • (813) 274-8351 • FAX: (813) 274-8355 Tampa0i v www.tampagov.net FRIDAY, OCTOBER 20, 2017 FLORIDA SENTINEL BULLETIN PULL&Sl F!-j 1-41 r-', 7UC-8DAY AND FPHDAV INVITATION TO BID Pursuant to Chapterfig-119, Special Acts„ Laws of Florida, sealed Bids will be received by the Director of Purchasing, City of Tampa, in his office until: 3:00 P.M. ON 1116/17 EXPLOSIVE ORDNANCE DISPOSAL (EOD) BOMB SUIT, HELMET ENSEMBLE& ACCESSORIES FOR THE TAMPA POLICE DEPARTMENT BOMB TEAM 3:00 P.M. ON11/7117 FORD F-150 SUPER CAB PICK-UP TRUCK, SPEC. NO. 8-18A 3:00 P.M. ON 11/8117 FORD F-350XL CAB & CHASSIS WITH UTILITY BODY AND PTO, SPEC. NO. 23-18 3:00 P.M. ON 1119/17 FORD F-150 SUPER CAB PICK-UP TRUCK, SPEC. NO. 8-18 3:00 P.M. ON 11/14/17 FORD F-350 CAB & CHASSIS WITH UTILITY BODY AND CRANE, SPEC. NO. 24-18 3:00 P.M. ON 11/16/17 NIGHT VISION MONOCULARS WITH HELMET MOUNTS & ACCESSORIES FOR THE TAMPA POLICE DEPARTMENT EOD TEAM then and thereafter to be publicly opened and read, Bid documents are available at the Purchasing Department (Phone No. 813/274-8351). It is hereby made a part of this Invitation to Bid that the submission of any Bid in response to this advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this 'Bid to all public entities in Hillsborough County. I Dated: 10/20/17 Gregory K. Spearman, CPPO Director of Purchasing City of Tampa, FL 306 E. Jackson Strews Tampa, FL 33602 REQUEST FOR PROPOSALS Pursuant to Chapter il 69-1119, Special Acts, Laws of Florida, sealed Request for Proposals for the furnishing of the following will be received by the Director of Purchasing, City of Tampa, in his office until: 3:00 P.M. ON 11/13/17 ODOR AND C ORROSION CONTROL SERVICES PRE -PROPOSAL CONE TO BE HELD @ 1:30 P.M. ON 10/30/17 @ CITY OF TAMPA WASTEWATER DEPARTMENT, 2545 GUY VERGER BLVD., TAMPA, F L 3:30 P.M. ON 11/13/17 JOB ORDER CONTRACTING CONSULTING SERVICES then and thereafter to be publicly opened and read. Request for Proposal are available at the Purchasing Department (Phone No. 813/274-8351). Datod: 10/20/17 Gregory K. Spearman, CPPO,FCCM Director of Purchasing City of Tampa, FL 306 E. jac9tson SBr(Bet Tampa, FL 33602 "Rosa QC'. ao/ C-- 4?--1, JOC PRODUCTS AND SERVICES AGREEMENT IThis Agreement is made this day of u KLC, , 2018 by and between the City of Tampa, whose address is 306 East Jackson Street 2E, Tampa, Florida 33602 ("City"), and The Gordian Group, Inc., whose address is 30 Patewood Drive, Suite 350, Greenville, South Carolina 29615 ("Gordian"). WITNESSETH WHEREAS, on October 18, 2017, City issued a Request for Proposals for Job Order Contracting Consulting Services (the "RFP") and subsequent Addendums nos. 1 and 2 incorporated herein by reference; WHEREAS, on or about November 7, 2017, Gordian provided its Proposal in response to the RFP, incorporated herein by reference; WHEREAS, City determined Gordian to be the most qualified proposer in response to the RFP; and WHEREAS, City and Gordian now seek to enter into a contract for the provision of Job Order Contracting ("JOC") Consulting Services (the "Services") as set forth in the RFP and pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I TERM City hereby retains Gordian as City's JOC Services provider for the term commencing on the date of this Agreement and expiring twenty-four (24) months thereafter, unless terminated or extended as provided for herein. This Agreement may be extended for three (3) additional periods of twelve (12) months each by the mutual written agreement of the parties. ARTICLE II JOC SYSTEM LICENSE Gordian hereby grants to City, and City hereby accepts from Gordian for the term of this Agreement, a non-exclusive right, privilege and license to Gordian's Job Order Contracting System and other related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of operating City's Job Order Contracting program. The parties hereby agree that Proprietary Information shall include, but is not limited to, JOC information management applications (currently referred to as eGordiano) and support documentation, Construction Task Catalog® (also commonly referred to as a unit price book), construction cost data, training materials and other proprietary materials provided by Gordian. In the event this Agreement expires or terminates as provided herein, this JOC System License shall terminate and City shall, subject to applicable law, return to Gordian all Proprietary Information in City's possession. Gordian represents and warrants that it has the right to grant a license of the Proprietary Information to the City and that the Proprietary Information does not infringe upon the intellectual property rights of any third party or entity. City acknowledges that the unauthorized disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would be an inadequate rcmedy and agrees that no such disclosure shall be made to anyone Page 1 of 14 without first receiving the written consent of Gordian. City further acknowledges and agrees to respect the copyrights, registrations, trade secrets and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to City, subject to federal and state laws related to public records disclosure. Notwithstanding the foregoing, City shall be allowed to distribute materials as required for the proper performance of JOC. Upon expiration or termination of this Agreement as provided herein, Gordian shall provide to City all project data generated by City in a form accessible by a standard database program agreed to by City, such as Microsoft Access". Gordian agrees to grant a license to each contractor that is awarded a JOC contract by City, provided the JOC contractor agrees to pay Gordian's contractor license fee in effect when City awards the contract, and provided City includes licensing language in the JOC contract similar in form to this JOC System License. Excluding the Proprietary Information as set forth herein, all other documents prepared by Gordian pursuant to its services under this Agreement, including, but not limited to bid documents, project reports and forms (collectively, the "Work Product") shall be City's property and Gordian conveys to City the whole and complete right, title and interest in and to such Work Product. Gordian represents and warrants that the Work Product does not and will not infringe upon any intellectual property rights of other persons or entities. ARTICLE III GORDIAN DUTIES AND RESPONSIBILITIES Gordian certifies that all of its employees and agents assigned to serve the City have such knowledge and experience as required to perform the Services set forth in this Agreement. Any employee or agent of Gordian who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the services under this Agreement. If during the course of this Agreement, Gordian makes personnel changes, the City will have the right of review, acceptance, and/or rejection of proposed substitutions. Gordian must utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all persons employed and assigned to performing Services during the term of this Agreement. Gordian will perform the following duties and responsibilities as provided below and as set forth in the RFP to complete the Services: A. REOUIRED SERVICES 1. Program Development, Implementation and Support: Gordian shall be responsible for the development, implementation and on -going support of the City's customized JOC program. It shall be Gordian's sole and absolute responsibility to familiarize itself with the City of Tampa Procurement Ordinance as same is codified in the City of Tampa Code of Ordinances and as may be amended from time to time; any and all applicable City of Tampa procurement policies and procedures; and any and all applicable State of Florida procurement policies, as same is set forth in the Florida Statutes and as may be amended from time to time. Gordian will be responsible for assuring that all Services, Duties and Responsibilities to be provided in this Agreement, shall comply with all applicable City of Tampa, State of Florida and Federal procurement laws as may be amended from time to time; and 2. Contract Documents: Gordian shall be responsible for preparing the JOC documents that will be used by the City to procure the JOC construction contractors including: Page 2 of 14 a) Unit Price Book(s): Gordian shall prepare one or more customized Unit Price Books (also known as a Construction Task Catalog°) containing prices covering material, equipment and labor costs for various units of construction, and adjusting these costs to current market conditions. The Unit Price Books shall be updated on an annual basis with any price changes approved by the City in writing before publishing for use. Only local prevailing wages and local material and equipment costs (obtained directly from local, contractors, subcontractors and suppliers) to price the Unit Price Books shall be used. The use of generic factors to localize prices is not acceptable. Unit prices for demolition shall be provided for each construction task. Therefore, every cost to install an item or unit shall be accompanied by a corresponding cost to remove the same item or unit. Tasks may also have several modifiers which adjust the price for variations in materials or for quantity discounts; and b) Technical Specifications: Gordian shall prepare and publish Technical Specifications describing the materials, performance and installation requirements for each of the construction tasks listed in the unit price book. Where available, the City standard specifications shall be incorporated into the Technical Specifications; and c) Contractual Terms and Conditions and Bid Forms: Gordian shall prepare, in conjunction with City staff, contractual terms and conditions and bid forms which incorporate JOC language and forms with all appropriate City contract language and forms. 3. Information Management System: Gordian shall be responsible for providing the City with a comprehensive web - based JOC Information Management System (hereinafter referred to as "IMS") for an unlimited number of City users. The JOC 1MS must be capable of providing full project tracking, developing cost proposals, preparing independent City estimates, generating all project documentation, providing project scheduling, budgeting and cost control, tracking MBE participation, and generating customized reports. Gordian must incorporate any current City forms and documentation into the IMS; and 4. Procurement Support: Gordian shall be responsible for providing City with procurement support to market the City JOC Program to potential JOC Contractors. If required by the City, Gordian shall conduct a bidder prequalification process to determine a qualified list of bidders. Gordian shall be required to organize and conduct pre -bid meetings with the interested bidders as well as make presentations on behalf of the City with various business and Construction organizations. Gordian's staff assigned to perform procurement support must have JOC procurement experience; and 5. Training Programs: Gordian shall be responsible for developing and conducting all training programs for the City and JOC Contractor staff to ensure that the JOC program functions properly. The training programs must include specialized training courses that will involve all City staff and JOC contractors utilizing and administering the JOC program. The training programs must include extensive training on the use of the JOC IMS. All training must be "hands on" with user competency as the objective. Actual City projects that the City plans to perform through JOC may be included in the training programs; and b. On -Going 24/7 Technical Support: Gordian shall be responsible for providing on -going technical support to the City. Expectations include, but not limited to assisting the City with program execution, analysis of task order proposals, troubleshooting and continuous system monitoring. On -going technical support shall include, but is not limited to providing updated contract documents, assisting with the procurement of additional JOC Contractors, providing City with access to all updates and revisions to the IMS, and providing training for new City staff and JOC Contractors during the term of the Agreement. Providing on -going technical support is considered a vital component Page 3 of 14 to ensuring a successful City JOC program. B. TIER 2 OPTIONAL SERVICES On a project -by -project basis, Gordian will provide the Tier 2 Optional Services (also referred to as "Job Order Development Services") to City, at City's sole discretion. Upon request, Gordian will assist with the developing of Job Orders in accordance with the following: Project Identification: When a project is identified and requested by City, Gordian will contact City and assist with determining whether the project is appropriate for JOC. Contractor Identification: In the event City has multiple JOC Contractors, Gordian will assist the City in identifying the appropriate JOC Contactor for the project based on factors which include, but are not limited to, the type of work involved and the location of the project. 3. Joint Scope Meeting: The Gordian's project manager will schedule a Joint Scope Meeting at the project site to help City and the JOC Contractor agree on the details of the work that the JOC Contractor will perform. The purpose of the scoping process is to allow the JOC Contractor an opportunity to inspect the site and ask questions before submitting a Price Proposal. The goals of this process are to foster open communication, reduce misunderstandings and mistakes that lead to change orders, and provide results that are more cost-effective and collaborative. 4. Develop Detailed Scope of Work: Gordian will assist in preparing a Detailed Scope of Work that describes the work the JOC Contractor will perform. Gordian will also assist with resolving issues when project plans and actual conditions vary. 5. Request for Price Proposal: After all parties are in agreement that the Detailed Scope of Work properly reflects the work to be performed, Gordian's project manager will send the Detailed Scope of Work and a Request for Proposal to the JOC Contractor. 6. Request Price Proposal: As the next step in the process, the JOC Contractor prepares and submits a Price Proposal by selecting the appropriate tasks from the Unit Price Book. Gordian's IMS will automatically multiply the unit price of the task by the required quantities by the JOC Contractor's competitively bid Adjustment Factor. Gordian shall also request the JOC Contractor's preparation of any additional City required information (e.g., construction schedule, list of proposed local subcontractors, etc.). 7. Price Proposal Review: Gordian's project manager will review the Price Proposal to make sure the JOC Contractor has selected the appropriate tasks and quantities and will ask the JOC Contractor to make any required changes. Gordian will also obtain and review any City required infonnation submitted by the JOC Contractor such as a construction schedule and list of proposed subcontractors. Gordian's project manager will submit the Price Proposal and related documents to City. 8. Issue Job Order: Once City is satisfied with the Price Proposal and related documents, and decides to move forward with the project, City is then responsible for the issuance of a job order (which may be in the form of a purchase order) to the selected JOC Contractor. 9. Construction Management: During construction, City's project managers will follow its standard internal policies and procedures for construction management and site inspections, including coordinating any required code Page 4 of 14 inspections. When unforeseen conditions arise or City desires to change the Detailed Scope of Work, a supplemental Job Order is developed in the same manner as the original Job Order. C. TIER 3 OPTIONAL SERVICES On a project -by -project basis, Gordian shall provide Tier 3 Optional Services (also referred to as Project Management Services) to City, at City's sole discretion. Upon request, Gordian will provide the following Project Management Services: I. Preconstruction — Gordian's project manager will assist City in determining whether professional design services are required and conduct a pre -construction meeting with the City's representative(s), the JOC contractor and, if applicable, the architect or engineer to review the basic project parameters and funding. Where design services are required, the project manager will work with the architects or engineers to coordinate necessary studies and design standards, and deliver plans and specifications that maximize the benefits of JOC for each City project. Next, the project manager will coordinate and share any preconstruction information with City, the JOC contractor and other appropriate parties, and will assist in the coordination of the JOC contractor obtaining the necessary permits. 2. Site Visit— During construction, Gordian's project manager will monitor the JOC contractor's work in -progress, manage the JOC contractor's compliance with the approved safety plan and complete a report for each site visit. 3. Communication — Gordian's project manager will provide weekly construction status reports to City, conduct project progress meetings with the JOC contractor and staff on a periodic basis, and coordinate any required technical and code inspections. 4. Supplemental Job Orders — In the event there are unforeseen conditions or City requests changes to the Detailed Scope of Work after construction has begun, Gordian's project manager will analyze and process a supplemental Job Order by utilizing the procedures to develop the initial Job Order. 5. Approvals — Gordian's project manager will review and recommend for approval, or direct necessary revisions to, the JOC contractor's applications for payment and obtain City's approval of the work. Final acceptance of the work will be the responsibility of City. Technical and code inspections will be the responsibility of the appropriate inspection agencies. b. Project Close-out — As the final step in the process, Gordian's project manager will enter all Job Order related information into eGordian and collect any required as-builts, warranties and OEMs from the JOC contractor. ARTICLE IV CITY DUTIES AND RESPONSIBILITIES City will assume the following duties and responsibilities: City shall review all documentation and requests for information submitted by Gordian in a timely manner. 2. City shall provide full information regarding requirements for the JOC program, including but not limited to, facilities lists, current City procedures, programs, technical specifications and bidding information. Page 5 of 14 3. City shall designate, in writing, a City -department representative who shall render or obtain decisions pertaining to the JOC program in a timely manner on a project -by -project basis. 4. City shall provide work space and access to the Internet, copiers, printers, facsimile machines, and local telephone service for use by Gordian's on -site staff. City shall be responsible for reproduction of the Construction Task Catalog, Technical Specifications, Contract and General Conditions, Instructions to Bidders and Bid Forms, including the bid packages distributed to construction contractors. ARTICLE V INDEMNIFICATION Gordian releases and agrees to defend, indemnify and hold harmless City, its officers, elected and appointed officials, employees, and/or agents (collectively, "City Indemnified Parties") from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (including without limitation attorneys' fees, professional fees, or other expenses) of every kind and character arising out of any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character cause by or resulting from, directly or indirectly, in whole or in part, by any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Gordian or any tier of subcontractor/subconsultant/ supplier, agent, employee, or anyone for whom Gordian may be liable, in connection with, arising directly or indirectly out of the execution or performance of the obligations assumed under or incidental to this Contract hereof (singularly or collectively "Claims"), even if it is alleged that the City Indemnified Parties were negligent, unless such injuries or damages are ultimately proven to be solely the result of grossly negligent or willful acts or omissions on the part of the City Indemnified Parties. Without limiting the generality of the foregoing, any and all such Claims, including but not limited to personal injury, disease, sickness, death, damage to property, natural resources, or the environment (including destruction or loss of use, costs of hazardous or toxic substance cleanup and disposal), defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of common law, any applicable law, statute, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder and, to the extent required, the defined term "Claims". Gordian further agrees to investigate, handle, respond to, provide defense (including without limitation attorney fees, paralegal fees, and expert fees to and through appellate, supplemental, or bankruptcy proceedings) for and defend any such Claim at its sole cost and expense through counsel approved in writing by the City and agrees to bear all other costs and expenses related thereto, even if the Claims are groundless, false, or fraudulent. Gordian shall advance or promptly reimburse to a City Indemnified Party any and all costs and expenses incurred by such City Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the City Indemnified Party is entitled to indemnification hereunder. This obligation shall in no way be limited in any nature whatsoever by any limitation on the amount or type of Gordian's insurance coverage. The parties agree that to the extent the written terms of this indemnification are deemed by a court of competent jurisdiction to be in conflict with any provisions of Florida law, in particular Sections 725.06 and 725.08, Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in fully and complete compliance with all such laws and to contain such limiting conditions or limitations of liability, or to not contain any unenforceable or prohibited term or terms, such that this indemnification shall be enforceable in accordance with and to the maximum extent permitted by Florida law. Further, whenever there appears in this Contract (or any other documents made a part hereof) an indemnification within the purview of Section 725.06, Florida Statutes, the monetary limitation on the extent of the indemnification under such provision shall be $1 Million Dollars or a sum equal to the total contract price, service cost, or project value whichever is greater. The obligation of Gordian under this Section is absolute and unconditional; it is not conditioned in any way on any attempt by a City Indemnified Party to collect from an insurer any amount under a liability insurance policy, and is not Page 6 of 14 subject to any set-off, defense, deduction, or counterclaim that the Contactor might have against the City Indemnified Party. The duty to defend hereunder is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of Gordian, the City, and any City Indemnified Party. The duty to defend arises immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Gordian. Gordian's defense and indemnity obligations hereunder will survive the expiration or earlier termination of this Contract. Gordian agrees and recognizes that the City Indemnified Parties shall not be held liable or responsible for any Claims which may result from any actions or omissions of Gordian in which the City Indemnified Parties participated either through providing data or advice and/or review or concurrence of Gordian's actions. In reviewing, approving or rejecting any submissions by Gordian or other acts of Gordian, the City in no way assumes or shares any responsibility or liability of Gordian or any tier of subcontractor/subconsultant/supplier, under this Contract. In the event the law is construed to require a specific consideration for such indemnification, the parties agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnification and the providing of such indemnification is deemed to be part of the specifications with respect to the services provided by Gordian. ARTICLE VI INSURANCE Prior to commencing any work or services under this Agreement and continuing during the term of this Agreement (or longer if the Agreement and or the attachment so requires), Gordian shall provide, pay for and maintain insurance coverage as set forth in RFP Section II, General Conditions, subsection 6, Insurance Requirements and RFP Exhibit I, City of Tampa Insurance Requirements. ARTICLE VII FEES In consideration of the Required Services set forth in Article III, Section A, and the JOC System License granted in Article II above, Gordian shall be paid a JOC System License Fee ("License Fee") according to the following schedule: JOC System License Fee — City shall pay Gordian a JOC System License Fee equal to Five Percent (5.00%) of the first Eight Million Dollars ($8,000,000) in construction volume procured through the City's JOC program, and a JOC System License Fee of One and Ninety -Five Hundredths Percent (t.95%) of the value of construction work ordered thereafter for the remainder of the initial term and any subsequent renewal term. The JOC System License Fee shall be payable upon the issuance of a Job Order, Notice-to-Procced, Purchase Order, or similar purchasing document from City to the JOC contractor. 2. In consideration of the Tier 2 Optional Services set forth in Article III, Section B, to be provided on a project -by - project basis, and only upon request from the City, Gordian shall be paid the following Job Order Development Fee, in addition to the JOC System License Fee, except as otherwise set forth below, according to the following schedule: Job Order Development Fee -- City shall pay Gordian a Job Order Development Fee of Three and Five Hundredths Percent (3.05%) of the value of the construction work ordered. The Job Order Development Fee shall be payable upon the issuance of a Job Order, Notice -to -Proceed, Purchase Order, or similar purchasing document from City to the JOC contractor. In the event City elects to receive the Tier 2 Page 7 of 14 Optional Services for any Job Order prior to the procurement of Eight Million Dollars ($8,000,000) in construction, the total fees assessed to City, in combination with the JOC System License Fee of 1.95%, shall not exceed Five Percent (5.00%) of the value of each Job Order for which such services are provided. 3. For Tier 1 and Tier 2 services, any additional work ("Supplemental Job Orders") increasing the value of any issued Job Order, or Job Order credits ("Credits") that reduce the value of a project will be reflected in the monthly invoicing following the issuance of such Supplemental Job Orders or Credits. In the event a Job Order is cancelled after a contractor has been authorized to begin work, but prior to the work being started, these cancellations, and a credit for the full amount of Gordian's applicable fees, will be credited to the City in the next monthly invoicing process following the cancellation. 4. In consideration for the Tier 3 Optional Services set forth in Article III, Section C, to be provided on a project -by - project basis, and only upon request from the City, Gordian shall be paid the following Project Management Fee, in addition to the applicable fees set forth above, according to the following schedule: Project Management Fee: City shall pay Gordian a Project Management Fee of Five and Ninety -Five Hundredths Percent (5.95%) of the value of the construction work ordered. The Project Management Fee shall be payable when construction of a Job Order has been completed and accepted by the City, except at the election of Gordian, the fee for Job Orders requiring more than 60 days to complete shall be payable monthly on a percentage of completion basis. 5. Gordian's fees are structured so that the City only pays the applicable fees for work actually procured and performed through the JOC program. 6. It is understood that Gordian shall charge participating construction contractors a Contractor Licensing Fee ("CLF") of one percent (1 %) of the value of the work ordered for the JOC contractors' access to the Gordian's proprietary construction data and JOC applications. Gordian shall be solely responsible for all administrative duties relating to the invoicing and collections of the CLF from contractors. In the event a Job Order is cancelled after a contractor has been authorized to begin, but prior to the work being started, these cancellations, and a credit for the full amount of Gordian's applicable fees, will be credited to the contractor in the next monthly invoicing process following the cancellation. ARTICLE VIII PAYMENT Gordian shall submit invoices for the Services to City monthly. Invoices for Fees shall include a description of all work ordered through the JOC program during the month. Invoices for Additional Services shall include a detailed description of the Additional Services provided during the month. City shall pay Gordian's invoices within forty-five (45) calendar days from the City's receipt of proper invoicing in accordance with Florida's Local Government Prompt Payment Act, Florida Statutes sec. 218.70 et seq. City of Tampa Executive Order 2003-1 shall govern any disputed invoicing. ARTICLE IX TERMINATION Page 8 of 14 City may terminate this Agreement without cause and for convenience at any time by providing written notice to Gordian thirty (30) days prior to such termination. In the event City exercises such termination right, City shall pay to Gordian within thirty (30) days, for services performed by Gordian less the sum of all payments made prior to termination. If Gordian shall fail to fulfill its obligations under this Agreement or if Gordian shall violate any of the material provisions of this Agreement, then City shall thereupon have the right to terminate this Agreement for cause by giving written notice specifying the cause for such termination and the termination date which shall be at least ten (10) days after such date notice is given. In the event of a termination for cause, City shall pay Gordian only for those services satisfactorily performed by Gordian and such shall be the extent of City's liability to Gordian. If City shall fail to fulfill its obligation under this Agreement, or if City shall violate any of the material provisions of this Agreement, by providing written notice to City specifying the cause for such termination and the termination date, which shall be a minimum of ten (10) days after the date such notice is given. In the event Gordian exercises such termination right, City shall pay Gordian only for those services satisfactorily performed prior to the effective date of termination, and such shall be the extent of the City's liability to Gordian. ARTICLE X EQUAL EMPLOYMENT OPPORTUNITY Gordian shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, marital/domestic partner status or disability, except where any of the above is a bona fide occupational qualification or need. Gordian has an affirmative action program to ensure that applicants are employed, and employees are treated during employment without regard to race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, marital/domestic partner status or disability. Such action includes, but is not limited to, hiring, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ARTICLE XI FORCE MAJEURE Neither party shall be held responsible for failure to perform the duties and responsibilities imposed by this Agreement if such failure is due to fires, riots, rebellions, natural disasters, wars or an act of God beyond the control of the parties. ARTICLE XII INDEPENDENT CONTRACTOR Gordian is an independent contractor, and neither Gordian nor its employees or subcontractors will, under any circumstances, be considered employees, servants or agents of City. City will not be legally responsible for any negligence or other wrongdoing by Gordian, its employees, servants or agents. City will not withhold from payments to Gordian any federal, state or unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Gordian or its employees, servants or agents. Furthermore, City will not provide to Gordian any insurance coverage or other benefits, including workers' compensation, normally provided by City for its employees. ARTICLE XIII ASSIGNMENT This Agreement, and all rights or obligations hereunder, shall not be assigned, transferred, or delegated in whole or in part, including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of Gordian, or any other assignment, transfer, or delegation of rights or obligations, without the prior written consent of the City. Gordian shall provide written notice to the City within fifteen (15) calendar days of any action or occurrence assigning the contract or any rights or obligations hereunder as described in this section. In the event the City does not Page 9 of 14 consent to the assignment, as determined in its sole discretion, the purported assignment in violation of this section shall be null and void, and the City may elect to terminate this contract by providing written notice of its election to terminate pursuant to this provision upon fifteen (15) calendar days notice to Gordian. ARTICLE XIV APPLICABLE LAW The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. ARTICLE XV WAIVER The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right, or any other right. ARTICLE XVI NOTICES Unless otherwise provided for herein, all notices and other communications required by this Agreement shall be deemed to have been given when made in writing and either (a) delivered in person, (b) delivered to an agent, such as an overnight or similar delivery service, or (c) deposited in the United States mail, postage prepaid, certified or registered, addressed as follows: To the City: The City of Tampa Attn: Brad Baird, Administrator Public Works & Utility Services 306 E. Jackson Street Tampa, FL 33602 Phone: (813) 274-7883 Email: brad.baird@tampagov.net. To Gordian: The Gordian Group, Inc. Attn: Ammon T. Lesher 30 Patewood Drive, Suite 350 Greenville, SC 29615 Phone: (800) 874-2291 Email: t lcc lit (a}tEiegc,ici� tngrc. u com ARTICLE XVII SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect any of the remaining clauses, phrases, sentences, paragraphs or sections of this Agreement. Page 10 of 14 ARTICLE XIII ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between City and Gordian and may be amended only by written instrument approved by both parties. ARTICLE XIX PUBLIC RECORDS The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. Notwithstanding anything to the contrary herein, and in accordance with Florida Statutes, 119.0701, Gordian agrees to comply with Florida's Public Records Law, including the following: 1. Gordian shall keep and maintain public records required by the City to perform the services; 2. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Gordian does not transfer the records to the City; 4. Upon completion (or earlier termination) of the contract, Gordian shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of Gordian or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Gordian transfers all public records to the City upon completion (or earlier termination) of the contract, Gordian shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Gordian keeps and maintains public records upon completion (or earlier termination) of the contract, Gordian shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Page 11 of 14 5. The failure of Gordian to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Gordian until records are received as provided herein. 6. IF GORDIAN HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GORDIAN'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-274-8351, COTPurchasin @TAMPAGOV.NET, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FLORIDA 33602. ARTICLE XX AUDIT RIGHTS During the term of this Agreement including any renewal or extension hereof, and for a period of three (3) years thereafter, or for such longer period of time as may be required by applicable federal regulations and negotiated with Gordian, the City or a representative of the City shall have the right, within two (2) weeks written notice to Gordian, to inspect and audit all of its' books of account, records, and other documents, pertaining to payments made or to be made pursuant to this Agreement and Gordian shall make all such records, books, and other documents available at the place where these books and records are normally maintained; provided, that all such inspections and audits shall be conducted during regular business hours. These records will be open to inspection and subject to audit and/or reproduction by the City or its representative within ten (10) workings days of written notice by the City. There will be an administrative fee of $100.00 per day, per requested item for records that are received after the initial ten (10) working day period. Gordian shall provide adequate work space and access to office equipment (copier and fax machines) at no charge if such inspections are required at Gordian's office. Gordian shall allow the City or their representative to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. Books of account and records as referred to in the Agreement shall include any and all information, materials, and data of every kind and character, including without limitation, financial statements, general ledgers, job cost reports, accounts payable, accounts receivable, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, subcontract files, commitments, arrangements, notes, daily diaries, project manager reports, drawings, receipts, vouchers and memoranda, written policies, time sheets, payroll registers, cancelled checks, original estimates, estimating work sheets, change order files, back charge logs and supporting documentation, trade discounts, insurance rebates and any and all other agreements or documents that may in the City's judgment have a bearing on or pertain to any matters, rights, duties or obligations under or covered by this Agreement. Such records subject to inspection shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated Page 12 of 14 with this Agreement. Such records shall be made available in hard copy as well as electronically (computer readable data) when available. Gordian shall require all payees (examples include, but are not limited to, subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article XX by insertion of these requirements in any contract between Gordian and payee. Such requirements to include flow - down right or audit provision in contracts with payees will also apply to subcontractors, sub - subcontractors, material suppliers, etc. Gordian will cooperate fully and will cause all related parties and all of Gordian's sub -contractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or making available to the City all required records. Gordian shall be held responsible for any financial impacts relating to payees who do not comply with this Article XX. If an audit inspection in accordance with this Article XX discloses overpricing or overcharges (of any nature) by Gordian to the City in excess of one-half of one percent (.S%) of the total contract billings, (1) the reasonable costs of the City's Audit department shall be reimbursed to the City by Gordian and (2) a fifteen percent (15%) penalty of the overpricing or overcharges shall be assessed Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by Gordian within a reasonable amount of time (not to exceed forty-five (45) days) from presentation of City's findings to Gordian. IN WITNESS WHEREOF, the City has caused this agreement to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed by its City Clerk, and Gordian has hereunto set its hand and seal in TRIPLICATE, the day and year first written above. ATTEST: r I ■ ATTEST: By: (SEAL) Name; /0y E. Kemper Title: Secretary and CFO CITY OF TAM By: " UIL Bib-EuckhorA Mayor THE GORDIAN GROUP, INC. Name: Ammon T. Lesher Page 13 of 14 Title: VP, General Counsel (Pres., V-Pres., Partner, Owner, Member) Corporation KLC () Partnership ( ) O License No.: () Certificate of Authorization No. APPROVED AS TO LEGAL SUFFICIENCY BY: y4dlr—� Marcella H nu ton Assistant City Attorney The execution of this document was authorized by Resolution No. 2018 -`� (NOTE: Corporate signer must be corporate officer or attach copy of authorization to sign on behalf of the corporation. Attester must be a corporate officer, notary public, or attach copy of authorization to sign on behalf of the corporation. Page 14 of 14 CITY 4F TAMPA Bob Buckhorn, Mayor Purchasing Department Gregory K. Spearman, CPPO, FCCM Purchasing Director ALL FIRMS ON BID LIST REF: City of Tampa RFP, dated -OCTO BE 18, 2017 RFP for Furnishing: 41111317 JOB ORDER CONTRACTING CONSULTING SERVICES To Be Opened: NOVEMBER 13 2017 3:30 PM SUBJECT: ADDENDUM NO. 1 OCTOBER 23, 2017 ---------------------------------------------------------------------------------------------------------------------------------------------------- Please make the following changes to the RFP: 2. On Page 4, SUCCESSFUL PROPOSER'S MINIMUM REQUIREMENTS, change to read as follows: "2.1 Have up to three (3) continuous years of experience providing this type of service." FOR INFORMATIONAL PURPOSE ONLY: 1. Q: We are interested in proposing on this RFP. I read about asking questions at a pre -proposal conference, but I could not find when or if the conference is scheduled. A: There isn't a pre -proposal conference for this RFP. Acknowledgement of the Addendum is required if a proposal is being submitted. Refer to the RFP package under Section II. General Conditions, Section 3. Contents of Proposals, Subsection 3.2, Tab I. Addenda. Sincerely, Gregory K. Spearman, CPPO, FCCM Director of Purchasing CB/agg 306 E. Jackson Street, 2E • Tampa, Florida 33602 a (813) 274-8351 a FAX: (813) 274-8355 �,, TarrirpaGc�v www.tampagov.net CITY 4F TAMPA Bob Buckhorn, Mayor Purchasing Department ALL FIRMS ON BID LIST REF: City of Tampa RFP, dated RFP for Furnishing: To Be Opened: Gregory K. Spearman, CPPO, FCCM Purchasing Director OCTOBER 18, 2017 _ 41111317 JOB ORDER CONTRACTING CONSULTING SERVICES NOVEMBER 13 2017 3:30 PM SUBJECT: ADDENDUM NO. 2 NOVEMBER 6, 2017 ---------------------------------------------------------------------------------------------------------------------------------------------------- The following questions have been received and the answers are provided below: Q. Regarding Addendum No. 1 dated October 23, 2017, please clarify the revisions to Page 4, Section 2.1 which now requires that proposers meet a minimum requirement of "up to three (3) continuous years of experience providing this type of service." This requirement is unclear and appears to exclude proposer with more than 3 years' experience providing this type of service. Is this intended to mean proposers must have "at least" three (3) years' experience providing this type of service? A. No, the minimum is up to three (3) continuous years and more years' experience will also be considered. Q. Per Attachment A — Proposal Submittal Check List, please clarify what is sought for Section 4, 5.11, Certified Resolutions. A. Delete 5.11. Q. Per Attachment A — Please confirm a Project Guaranty Agreement is not applicable for this proposal. A. Delete Proposal Submittal Check List, Section 4, 5.12. Please Note: No further questions will be addressed regarding this RFP prior to the opening date/time. Sincerely, Gregory K. Spearman, CPPO, FCCM Director of Purchasing CB/agg 306 E. Jackson Street, 2E • Tampa, Florida 33602 a (813) 274-8351 . FAX: (813) 274-8355 www.tampagov.net CITY OF TAMPA Bob Buckhorn, Mayor Purchasing Department Gregory K. Spearman, CPPO, FCCM Purchasing Director October 18, 2017 REQUEST FOR PROPOSALS (RFP) FOR JOB ORDER CONTRACTING CONSULTING SERVICES Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed proposals for JOB ORDER CONTRACTING CONSULTING SERVICES. RFP #41111317 will be received by the Director of Purchasing, City of Tampa, until 3:34 PM, NOVEMBER 13, 2017; then to be opened and read aloud. Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer's disqualification. Questions regarding this RFP should be referred to: Cindy Brickey, CPPB Certifiel Procurement Analyst. Questions shall be submitted by email to cindy.brickeyCcbtam agov.net. Submission of Proposals by mail, hand delivery or express mail must be in a sealed envelope/box with the Proposer's name and return address indicated. Type or print the RFP Number and RFP Title on the carrier envelope/box. Address the Proposal envelope/box as follows: Purchasing Department Tampa Municipal Office Building, 2"6 Floor 306 E.Jackson Street Tampa, Florida 33602 (This address is appropriate for mailing, hand delivery and express mail.) Questions regarding the City of Tampa Small Local Business Enterprise (SLBE) and/or Woman/Minority Business Enterprise (WMBE) programs should be referred to: MINORM AND SMALL BUSINESS DEVELOPMENT OFFICE — PHONE (813) 274-5512 or Htto://www.tamoaaov.net/dent minority business development/ The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department. Proposals shall be accepted no later than the time and date specified on the REQUEST FOR PROPOSALS. The Proposal Opening shall be thereafter and open to the Public. All Proposals received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No Proposal may be withdrawn or modified after the time fixed for the opening of the RFP. Verification of the City's receipt of the proposal submitted is the Proposer's responsibility. Failure of the City to receive such proposal by the date and time specified on the Request for Proposal will result in non -consideration. STATEMENT OF NO BID WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US The Purchasing Department's mission is to provide the best specifications in our Bid and Request for Proposals package to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City's Bid or Request for Proposal. 306 E. Jackson Street, 2E * Tampa, Florida 33602 • (813) 274-8351 * FAX: (813) 274-8355 ' TampaG'ov www.t,3mpagov.net Rev 518/15 City of Plant City Buddy Storey Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216- Fax wstorey@plantcitygov.com City of Temple Terrace Judy Crutcher, Assistant Purchasing Agt. P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 — Telephone 813-989-7185 — Fax jcrutcher@templeterrace.com Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721 FAX: (813) 272-5521 www.hillsclerk.com Tampa -Hillsborough County Expressway Authority 1104 East Twiggs St, Suite #300 Tampa, Florida 33602 813-272-6740 — Telephone 813-276-2492 — Fax Nancy@tampa-xway.com Hillsborough Area Regional Transit Authority Melissa Smiley 4305 E. 211t Street Tampa, FL 33605 813-623-5835 — Telephone 813-664-1119 — Fax smileym@gohart.org Hillsborough Co. Aviation Authority P. 0. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730 FAX: (813) 875-6670 www.tampaairport.com GPC LISTING Hillsborough Community College Vonda Melchior, Director of Purchasing 39 Columbia Drive Tampa, FL 33606 813-253-7060 — Telephone 813-253-7561— Fax vmelchoir@hcc.fl.us Hillsborough County Board of County Commissioners 601 E. Kennedy Blvd., 18th Floor P. 0. Box 1110r Tampa, FL 33601-1110 Phone: (813) 272-5790 FAX: (813) 272-6290 www, hillsboroughcounty.org Hillsborough Co. Sheriff's Office J. H. Shillady, Fiscal Officer P.O. Box 3371 Tampa, FL 33601 813-247-8033 — Telephone 813-247-8246 — Fax Jsh illa dy@hcso.tampa.fl. us State Attorney's Office Mark Ober, State Attorney 800 E. Kennedy Blvd., 5th Floor Tampa, FL 33602 813-272-5400 — Telephone 813-272-7014 — Fax Ober_M@SA013th.com Tampa Port Authority Donna Casey, Procurement Analyst P.O. Box 2192 Tampa, FL 33601 813-905-5164 — Telephone 813-905-5109 -- Fax dwebb@tampaport.com Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274 FAX: (813) 272-7043 www.votehillsborough,org Hillsborough County School Board City of Tampa Housing Auth. P. O. Box 3408 Jerome Ryans, President/CEO Tampa, FL 33601-3408 15i4 Union Street Tampa, io 33607 Phone: (813) 29 813-253-0551— Telephone FAX: (813)272-4007 -4007 813-4522 —Fax www.sdhc,kl2.fl.us irenew@thafl.com Tampa Sports Authority Joe Haugabrook, Director of Purchasing 4201 N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 — Telephone 813-673-4312 — Fax jhaugabrook@tampasportsauthority.com Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222 FAX: (813) 307-6521 www.hillstax.org The Children`s Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884 FAX: (813) 228-8122 www.childrensboard.org University of South Florida Mike Abernethy, Director Purchasing Services 3702 Spectrum Blvd, UTC135-P Tampa, FL 33612 813-974-2481 — Telephone 813-974-5362 — Fax gcotter@admi n. usf.edu Hillsborough County Purchasing Scott Stromer, Director P.O. Box 1110 Tampa, FL 33601 813-272-5790 — Telephone 813-272-6290 — Fax procurementservices@hillsboroughcounty.org Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100 FAX: (813) 272-5519 www.hcpafl.org Tampa Palms Community Dev. Dist. 16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813) 977-3933 Fax: (813)977-6571 www.tpoa.net 2 TABLE OF CONTENTS SECTION I. SCOPE OF SERVICES SECTION II. GENERAL CONDITIONS SECTION III. PROPOSER'S AFFIRMATION AND PROPOSAL SIGNATURE FORMS SECTION IV. SUB -CONTRACTING FORMS ATTACHMENT A. PROPOSAL SUBMITTAL CHECK LIST ATTACHMENT B, CITY OF TAMPA SERVICE AREA MAPS EXHIBIT 1. CITY OF TAMPA INSURANCE REQUIREMENTS SECTION I. SCOPE OF SERVICES 1. INTRODUCTION The City of Tampa (City) is seeking responses from interested and qualified organizations and firms to provide professional consulting services for development and implementation of a Job Order Contracting (JOC) System. The main objective of the system is to enable the City to rapidly engage contractors to perform small to medium sized maintenance, repair and construction projects (less than $100,000.00) which are not subject to the State of Florida Consultants' Competitive Negotiations Act (CCNA) State Statutes. JOC is an indefinite quantity contract pursuant to which the contractor will perform an ongoing series of individual projects at different locations within the City's service areas which are included in Attachment B of this document. JOC is an innovative procurement program that was developed to provide facility managers with an alternative procurement method to accomplish small to medium size maintenance, repair and construction projects. The JOC program streamlines the procurement process by using pre -approved, competitively bid, firm fixed -price, contracts thereby eliminating the need to solicit bids for the completion of JOC compatible projects. By using the JOC program, departments can expect to improve the efficiency and cost effectiveness of the procurement process and reduce the overall time required to accomplish projects. Contract award will be determined by the quality of the responses received and the City, at its discretion, shall award projects under a JOC system on an as needed basis according to the best interest of the City. For any contract awarded as a result of this RFP, no minimum or maximum number of projects assigned to the Successful Proposer can be guaranteed by the City. 2. SUCCESSFUL PROPOSER'S MINIMUM REQUIREMENTS Successful Proposer must: 2.1 Have a minimum of three (3) continuous years of experience providing this type of service. 2.2 Have key personnel assigned to this contract possess a minimum of two (2) years' experience each in providing services equivalent to those requested in this RFP. 2.3 Have the resources and staff to be able to respond to a jobsite in the City and to attend meetings at the City with four (4) hours' notice. 2.4 Have the ability to maintain adequate files and records and meet statistical reporting requirements. 2.5 Have the administrative and fiscal capability to provide and manage the proposed services and to ensure an adequate audit trail. 2.6 RFP specifications for JOC contractors shall be completed within 180 days from date of award. 2.7 Provide weekly status updates. 2.8 Must be fully familiar and experienced with JOC Programs and JOC software applications for delivery of projects. 2.9 Train JOC general contractors in such JOC programs and JOC software applications, as needed for successful completion of projects. 2.10 Work closely with City departments including but not limited to various user departments, Purchasing, Risk Management and Legal. 2.11 Be responsible in providing clear and concise specifications for the City's successful selection of JOC general contractors. The City's goal is to award JOC contractor(s) who will complete projects expeditiously and in accordance with industry standards and regulations at a reasonable cost. 4 2.12 Prepare project technical specifications that reference all applicable regulations including but not limited to local, state and federal laws, construction, safety, latest industry standards and best practices, and in accordance with varying grant funding requirements. 3. REQUIRED SERVICES 3.1 TIER 1 3.1.1 Program Development Successful Proposer shall work with City staff to develop the JOC program. Program development includes reviewing and assessing City needs to determine the size of the program and, In conjunction with City staff, developing execution procedures that will be used to implement and administer the JOC Program. 3.1.2 Document Preparation Successful Proposer shall develop the full set of customized Job Order Contracting documentation including a City of Tampa specific Tasks Catalog, Technical Specifications, and General Conditions. 3.1.2.1 The Tasks Catalog shall contain individual construction tasks along with associated unit prices. Each unit price shall be developed based on the prevailing equipment, material, and labor prices within the City's geographical region. Each unit price shall comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the work. The labor prices shall include the most current prevailing wages of all applicable laws. When the State Labor Code minimum wage and the Federal Wage Determinations (Davis -Bacon Act) are applicable due to federal funding involvement, the higher of the two wages rates per each work classification will prevail. The Tasks Catalog shall be regularly updated to reflect current marketplace pricing for tasks, equipment, materials, etc. Successful Proposer shall provide written confirmation and backup documentation of updates. 3.1.2.2 The Technical Specifications shall be developed in conjunction with the Catalog of Tasks and, where available, the City standards must be incorporated. 3.1.2.3 The General Conditions for the JOC Program contracts shall be developed in conjunction with City staff, shall incorporate JOC language, and include all appropriate City contract language and forms. 3.1.3 Procurement Support Successful Proposer shall be capable of providing the City with complete technical and marketing support during the procurement phase. Qualified staff with extensive public sector procurement experience must provide this support. Successful Proposer will be required to organize and conduct pre -proposal meetings with the intending JOC general contractors as well as make presentations on behalf of the City with various business and contracting organizations. 3.1.4 Automated ,lob Order Contracting System Successful Proposer shall provide the City a comprehensive JOC management information and support system. The system must be compatible with the Windows operating system for personal computers. The JOC management and information support system must be capable of providing full project tracking, automated development of cost proposals and independent estimates, generation of all project documentation, providing a project scheduling capability, budget and cost control, and the generation of customized reports. The automated system shall be customized to the specific needs of multiple City departments and be capable of incorporating current forms and documentation. 3.1.5 Training Successful Proposer shall develop specialized training courses that would involve all parties utilizing the system. This may include: Procurement Staff • Project Managers • Inspectors following: • Clerical Administrative Staff • JOC Contractors All aspects of the system are to be covered in the training. This must include, but is not limited to the • JOC Execution • Implementation Procedures System Training Post Implementation Follow-up • Monthly Refresher Course Training All training is to be "hands on" with functional use and individual performance as the objective. Train the awarded JOC general contractors in implementation of the contracts. Conduct/attend orientation meetings, program review conferences, and program briefings as needed. Provide staff user manuals at the end of each training session. Provide training manuals or videos to the City for training additional staff in the future. 3.1.6 Technical Support Provide a comprehensive JOC management Information and support system. Expectations include assisting the City in executing procedures, troubleshooting, implementation, and continuous system monitoring. Successful Proposer shall update, as often as required, any or all of the JOC documents including the Tasks Catalog, Technical Specifications, and Contractual Terms and Conditions. Successful Proposer shall provide ongoing technical support and prepare and conduct periodic review conferences for City management. Successful Proposer shall be required to provide JOC Program technical support services as needed normally Monday through Friday from 8:00 a.m. to 5:00 p.m. local City of Tampa time. Successful Proposer shall be available by phone during these same hours to answer JOC Program questions. Successful Proposer shall provide these services and support at all times projects are operational which may be outside of these times, on weekends or holidays. Successful Proposer shall provide reoccurring onsite hours semiweekly. Schedule of onsite availability shall be determined by the City. 3.1.7 Employees Successful Proposer's supervisory personnel shall provide adequate competent supervision at all times during the performance of the contract. Successful Proposer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, as well as any JOC general contractor's employees and immediately remove any employee whose conduct is unsatisfactory to the Co. Successful Proposer shall furnish all transportation and labor costs for the services necessary to provide a complete Job Order Contracting program for the City. 3.2 Tier 2 3.2.1 Facilitation Support — Scope and Price Proposals The City may require an owner's representative for certain procurement procedures. As such, Successful Proposer shall act on the City's behalf. Successful Proposer may be required to provide these services on an as -needed basis at the City's discretion. The scope may include but not limited to: • Confirm that a project is an acceptable candidate for the JOC Program. Establish and create a project file at the inception of a project. • Clarify the Scope of Work and obtain project plans and/or data from the City. • Recommends appropriate JOC general contractor, if multiple contractors exist. • Conduct a joint scope meeting with City staff, JOC general contractor, and architect or engineer, as applicable. • Coordinate and document the detailed scope of work appropriate for the work. • Obtain and review all submissions by the JOC general contractor pertaining to the Job Order, including schedule, safety plan, submittals, shop drawings, permits, etc. • Assist with resolving issues when project plans and actual conditions vary. • Obtain City approval of the detailed scope of work. 0 Issue a request for price proposal to the JOC general contractor, • Review the price proposal submitted by the JOC general contractor. • Direct the JOC Contractor to revise the price proposal, as necessary. • Finalize the job order with the JOC general contractor. • Verify City authorization, approval and budget account information. • Recommend issuance of the notice to proceed to the JOC general contractor. 3.3 TIER 3 3.3.1 Services During Construction The capability of Proposer's submitting proposals shall include a full range of construction related services that cover the entire life cycle of a project, including owner representation, assistance, support and/or recommendations pertaining to preliminary studies and programming; due diligence, data gathering and analysis; design input and review; cost estimating; construction delivery; permit requirements and approval process(es); bid solicitation process; observation of onsite construction progress and weekly construction meeting minutes; ongoing project development and financial oversight, review invoicing and disbursements; clarifications and changes in the work; close- out packages; verify accurate updates to as -built drawings; and warranty issues. Successful Proposer may be required to provide these services on an as -needed basis at the City's discretion. 3.4 HOURS OF OPERATION Successful Proposer shall be required to provide JOC Program services as needed normally Monday through Friday from 8:00 a.m. to 5:00 p.m. local City of Tampa time; however projects may require to be performed outside of these times, on weekends or holidays. 3.5 PERSONNEL REQUIREMENTS Successful Proposer shall identify all personnel who will perform work related to the services detailed in this RFP, including education level, skill set (described in detail), experience level, applicable industry licenses and job title. Resumes of all personnel so identified should also be included with the response. Successful Proposer shall utilize staff with extensive public sector procurement knowledge including U.S. Department of Housing and Urban Development (HUD) procurement requirements under 24 CFR 85.36 as well as JOC and/or construction related experience. 4. PROPOSER SUBMITTALS The following information must be submitted in the proposal under Tab 4: 4.1 Under Section I. Scope of Services, 2. Successful Proposer's Minimum Requirements, the Proposer is to provide the detailed information so the City can confirm the company/firm has met the mandatory requirements, 4.2 Contract Termination for Default. Has the Proposer's company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company's position on the matter. City will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience, 4.3 Contract Litigation/ Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. 7 4.4 Experience in the State of Florida. Describe knowledge of applicable Florida laws, statutes and construction regulations as related to the scope of services listed herein. Provide detailed experience of similar services performed within the State of Florida. 4.5 WMBE/SI_BE Experience. Propose how women/minority businesses as well as small local businesses participation strategy would be incorporated into the 70C business process for the pool of selected General Contractors (GC). Describe experience in identifying opportunities and seeking active participation from GC's and with subcontractors. Provide monitoring techniques and reporting examples used to ensure goals are successfully met. S. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City's management team for interview and consultation during plan(s) development and for review of the draft and final plans. 6. COORDINATION WITH THE CITY The Successful Proposer shall identify the Project Manager to work in close coordination with the City. The City's Project Manager shall be the City's point of contact. The City shall approve any changes to the Project Manager or personnel assigned to the project. During the term of the contract, the Project Manager shall meet on -site with the City's Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. End of Section I SECTION 11. GENERAL CONDITIONS 1. GENERAL INFORMATION 1.1 Proposal Due Date. Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. City of Tampa Request for Proposals are issued electronically via DemandStar's eProcurement bid distribution system. Obtaining Request for Proposals through Demandstar will ensure that vendor will have the following capabilities: receipt of Request for Proposals electronically, track the status of award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the Request for Proposal packages may be incomplete. The City will not accept incomplete Request for Proposals. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar_com/supplier for more information. 1.2 Addendum and Amendment to RFP. If it becomes necessary to revise or amend any part of this RFP, DemandStar will provide notification of the Addendum to all prospective Proposers who received an original RFP from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to the bid opening date. Bidders registered as obtaining printed bid documents directly from the City's Purchasing Office will receive Addenda via mail or facsimile from Demandstar. The City will not accept incomplete proposals. It will be the responsibility of the Proposer to contact DemandStar prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return the executed addenda with the proposal. 1.3 Errors and Omissions. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to the RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFP prior to submitting the proposal or it shall be deemed waived. 1.4 Florida Public Records Law. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the Proposer is required to do the following: (1) identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Proposer's other Proposal documents, (3) clearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Proposers name and the Proposal number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer's "REDACTED" copy. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.* 0 Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Proposer agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Proposer's designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys` fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non -responsive. Proposer's References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Proposal submittal as "non -responsive". 1.4.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 1.4.2 In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 1.4.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Successful Proposer agrees to comply with Florida's Public Records Law, including the following: i. Successful Proposer shall keep and maintain public records required by the City to perform the services; 2. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Successful Proposer does not transfer the records to the City; 4. Upon completion (or earlier termination) of the contract, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the contract, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the contract, Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 10 5. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein. 6. IF SUCCESSUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUCCESSFUL PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-274-8351, COTPurchasing@TAMPAGOV.NET, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FLORIDA 33602. Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under Section II. General Conditions, Section 3. Content of Proposal, Tab 2. 1.5 City Of Tampa Ethics Code. The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522) Moreover, each Proposer responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa's municipal codes published online by the Municipal Code Corporation at the website link https://www.municode.com/1ibraty/fl/tampa/codes/code of ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 1.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer's expense for immediate replacement. 1.7 Copyrights and Patent Rights. Proposer warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Proposal, and Successful Proposer agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of work. 1.8 Procurement Protest Procedures. A protest must be riled with the Director of the soliciting Department within five (5) business days of posting the City's intent to award and may be filed by an actual Proposer or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting parry shall bear any risk of interruption or failure in the electronic transmission. 1.9 WMBE Participation. The City of Tampa administers the Women/Minority Business Enterprise (WMBE) Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the City's Certified WMBE Companies, visit the Minority and Small Business Development Offices website at http://www.tampagov.net/minority-business,-dev_elo mp ent . Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names. If you need further assistance, please contact the Minority and Small Business Development Office at (813) 274- 5512. NOTE: In accordance with the Equal Business Opportunity Ordinance 2008-89, The City of Tampa's WMBE policies are narrowly -tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form_70 to identify underutilized WMBEs by Industry Category and Section 4. Evaluation of Proposals for the WMBE Participation scoring criteria for this REP. For this RFP the underutilized WMBE Industry Category is "Construction and Construction -Related Services" 1.10 SLBE Participation. In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City's Certified SLBE Companies, visit the Minority and Small Business Development Offices website at http://www.tampagov.net/minority-business-development. Under programs and Services select WMBE and SLBE Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names. If you need further assistance, please contact the Minority and Small Business Development Office at (813) 274-5512. NOTE: In accordance with the Equal Business Opportunity Ordinance 2008-89, SLBE vendors are eligible for weighted points in the selection process. Refer to Section 4. Evaluation of Proposals for the SLBE participation scoring criteria for this RFP. For additional information contact the Minority Business Development Office at 8131274-5543 or 8131274-5512. http;//http;//www.tampagovnet/minority-business-development 1.11 Incurred Expenses. The City is not responsible for any expenses which Proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs associated with travel, accommodations, interviews or presentations of proposals. 1.12 Proposals Binding. All proposals submitted shall be binding for 180 calendar days following the opening. 1.13 Non -Discrimination in Contracting and Employment. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa (City). The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color 12 national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Successful Proposer's employees or applicants for employment. The Successful Proposer understands and agrees that this Contract Is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered material breach of this Contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. The Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Contract. The Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No. 2008-89." 1.14 Proposer's Criminal History Screening Practices. Per City of Tampa Code of Ordinances, Section 2- 284, 8idder(s) shall perform criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link https://www.municode.com/libraiy/fl/tampa/codes/code of ordinances. 1.15 Equal Opportunity. The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, sex, or national origin. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap. 1.16 Governing Law/Venue. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 1.17 Compliance with Laws. The Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, Hillsborough County, and the City of Tampa. It shall be the responsibility of the Successful Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract. 1.18 Force Majeure. Neither the City nor Successful Proposer shall be deemed in default with respect to the performance of, or compliance with the terms, covenants, agreements, conditions, or provisos of the Agreement, if the failure to perform or comply shall be due to any strike, lockout, civil commotion, invasion, rebellion, hostilities, sabotage, acts of God or causes otherwise beyond the control of the City or Successful Proposer. 1.19 Survival. Provisions in regards to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract. 1.20 Conflict of Interest. The City requires that the Proposers provide professional, objective, and impartial advice and at all times hold the City's interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Proposers have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in Its sole discretion, determines that a conflict of interest exists, such Proposer shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Proposer or the termination of its Contract. Any such interests on the part of the Proposer or their employees, must be disclosed in writing to the City under Section II. General Conditions, Section 3. Content of Proposals, Tab 4. Section I. Scope of Services. Also, the Proposer is aware of the conflict of interest laws of the State of Florida, and agrees that they shall fully comply in all respects with the terms of said law. 13 Any proposer awarded this Contract for consulting services shall be disqualified from subsequently providing goods or services resulting from or directly related to the Proposer's consulting services under this Contract. 1.21 Audit Rights. During the term of this agreement including any renewal or extension hereof, and for a period of three (3) years thereafter, or for such longer period of time as may be required by applicable federal regulations and negotiated with the Successful Proposer the City or a representative of the City shall have the right, within two (2) weeks written notice to the Successful Proposer, to inspect and audit all of its' books of account, records, and other documents, pertaining to payments made or to be made pursuant to this Agreement and the Successful Proposer shall make all such records, books, and other documents available at the place where these books and records are normally maintained; provided, that all such inspections and audits shall be conducted during regular business hours. These records will be open to inspection and subject to audit and/or reproduction by the City or its representative within then (10) workings days of written notice by the City. There will be an administrative fee of $100.00 per day, per requested item for records that are received after the initial ten (10) working day period, The Successful Proposer shall provide adequate work space and access to office equipment (copier and fax machines) at no charge if such inspections are required at the Successful Proposer's office. The Successful Proposer shall allow the City or their representative to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. Books of account and records as referred to in the Agreement shall include any and all information, materials, and data of every kind and character, including without limitation, financial statements, general ledgers, job cost reports, accounts payable, accounts receivable, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, subcontract files, commitments, arrangements, notes, daily diaries, project manager reports, drawings, receipts, vouchers and memoranda, written policies, time sheets, payroll registers, cancelled checks, original estimates, estimating work sheets, change order files, back charge logs and supporting documentation, trade discounts, insurance rebates and any and all other agreements or documents that may in the City's judgment have a bearing on or pertain to any matters, rights, duties or obligations under or covered by this Agreement. Such records subject to inspection shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Agreement. Such records shall be made available in hard copy as well as electronically (computer readable data) when available. The Successful Proposer shall require all payees (examples include, but are not limited to, Sub -Contractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Section by insertion of these requirements in any contract between the Successful Proposer and payee. Such requirements to include flow -down right or audit provision in contracts with payees will also apply to Sub -Contractors, sub -Sub -Contractors, material suppliers, etc. The Successful Proposer will cooperate fully and will cause all related parties and all of the Successful Proposer's Sub - Contractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or making available to the City all required records. The Successful Proposer shall be held responsible for any financial impacts relating to payees who do not comply with this Section. If an audit inspection in accordance with this Section discloses overpricing or overcharges (of any nature) by the Successful Proposer to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Audit department shall be reimbursed to the City by the Successful Proposer and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Successful Proposer within a reasonable amount of time (not to exceed 45 days) from presentation of City's findings to the Successful Proposer, 1.22 Scrutinized Companies. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more. Successful Proposer certifies that Successful Proposer is not in violation of Section 287.135, Florida Statutes. 14 For Contracts $1,000,000 and greater, if the City determines the Successful Proposer submitted a false certiflcation under Section 287.135(5) of the Florida Statutes, or if the Successful Proposer has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, Florida Statutes or is engaged in a boycott of Israel or is engaged In business operations in Cuba or Syria, the City shall either terminate the Contract after it has given the Successful Proposer notice and an opportunity to demonstrate the City's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. 1.23 Deviations. Proposals should clearly and with specificity detail all deviations to the requirements, terms and conditions set forth in this Request for Proposal. Such deviations must be stated within Section H. General Information, Section 3. Content of Proposals, Tab 9. Deviations to the RFP. Proposers are hereby advised that in instances where a deviation is stated and/or is otherwise found in Proposer's Proposal, said Proposal will be subject to rejection by the City in recognition of the fact that said Proposal does not meet the requirements imposed by this RFP and/or if such deviation is considered material in nature, in the sole discretion of the City. For informational purposes only, a deviation is considered material if (a) the deviation deprives the City of their assurance that the anticipated contract will be entered into, performed and guaranteed according to this RFP's specific requirements, or (b) the deviation provides the deviating Proposer with an undue competitive advantage over the other Proposers. A Proposal may not be subject to rejection where, at the sole discretion of the City, the stated deviation is considered to be equal or better than the imposed requirement, and where said deviation does not destroy the competitive character of the RFP process by affecting the Proposal such that an advantage or benefit is gained to the detriment of the other Proposers. Proposers are strongly cautioned against taking deviations to the requirements, terms and conditions set forth in this RFP. 1.24 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statues, social security numbers collected from bidders are used for identification, verification, and tax reporting purposes. 1.25 Indemnification. Successful Proposer releases and agrees to defend, indemnify and hold harmless the City, its officers, elected and appointed officials, employees, and/or agents (collectively, "City Indemnified Parties'O from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (including without limitation attorneys' fees, professional fees, or other expenses) of every kind and character arising out of any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character cause by or resulting from, directly or indirectly, in whole or in part, by any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Successful Proposer or any tier of subcontractor/subconsultant/ supplier, agent, employee, or anyone for whom Successful Proposer may be liable, in connection with, arising directly or indirectly out of the execution or performance of the obligations assumed under or incidental to this Contract hereof (singularly or collectively 51Claims'), even if it is alleged that the City Indemnified Parties were negligent, unless such injuries or damages are ultimately proven to be solely the result of grossly negligent or willful acts or omissions on the part of the City Indemnified Parties. Without limiting the generality of the foregoing, any and all such Claims, including but not limited to personal injury, disease, sickness, death, damage to property, natural resources, or the environment (including destruction or loss of use, costs of hazardous or toxic substance cleanup and disposal), defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of common law, any applicable law, statute, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder and, to the extent required, the defined term "Claims". Successful Proposer further agrees to investigate, handle, respond to, provide defense (including without limitation attorney fees, paralegal fees, and expert fees to and through appellate, supplemental, or bankruptcy proceedings) for and defend any such Claim at its sole cost and expense through counsel approved in writing by the City and agrees to bear all other costs and expenses related thereto, even if the Claims are groundless, false, or fraudulent. Successful Proposer shall advance or promptly reimburse to a City Indemnified Party any and all costs and expenses incurred by such City Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the City Indemnified Party is entitled to indemnification hereunder. This obligation shall in no way be limited in any nature whatsoever by any limitation on the amount or type of Successful Proposer's insurance coverage. The parties agree that to the extent the written terms of this indemnification are deemed by a court of competent jurisdiction to be in conflict with any provisions of Florida law, in particular Sections 725.06 and 725.08, Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in fully and complete compliance with all such laws and to contain such limiting conditions or limitations of liability, or to not contain any unenforceable or prohibited term or terms, such that this indemnification shall be enforceable in accordance with and to the maximum extent permitted by Florida law. Further, whenever there appears in 15 this Contract (or any other documents made a part hereof) an indemnification within the purview of Section 725.06, Florida Statutes, the monetary limitation on the extent of the indemnification under such provision shall be $1 Million Dollars or a sum equal to the total contract price, service cost, or project value whichever is greater. The obligation of Successful Proposer under this Section is absolute and unconditional; it is not conditioned in any way on any attempt by a City Indemnified Party to collect from an insurer any amount under a liability insurance policy, and is not subject to any set-off, defense, deduction, or counterclaim that the Contactor might have against the City Indemnified Parry. The duty to defend hereunder is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of Successful Proposer, the City, and any City Indemnified Party. The duty to defend arises immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Successful Proposer. Successful Proposer's defense and indemnity obligations hereunder will survive the expiration or earlier termination of this Contract. Successful Proposer agrees and recognizes that the City Indemnified Parties shall not be held liable or responsible for any Claims which may result from any actions or omissions of Successful Proposer in which the City Indemnified Parties participated either through providing data or advice and/or review or concurrence of Successful Proposer's actions. In reviewing, approving or rejecting any submissions by Successful Proposer or other acts of Successful Proposer, the City in no way assumes or shares any responsibility or liability of Successful Proposer or any tier of subcontractor/subconsultant/supplier, under this Contract. In the event the law is construed to require a specific consideration for such indemnification, the parties agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnification and the providing of such indemnification is deemed to be part of the specifications with respect to the services provided by Successful Proposer. 1.26 EXEMPT INFORMATION. As part of the services performed by Successful Proposer under this contract, the City may provide Successful Proposer with certain building plans, blueprints, schematic drawings and diagrams, including draft and final formats, that depict the internal layout and structural elements of a City building or facility ("Exempt Plans"}. Successful Proposer acknowledges that the Exempt Plans are exempt from disclosure under Section 119.071(3)(b), Florida Statutes. Successful Proposer agrees that Successful Proposer shall maintain the exempt status of the Exempt Plans and shall ensure that Successful Proposer's officers, employees, agents and all tiers of subcontractor also maintain the exempt status of the Exempt Plans. All copies of Exempt Plans provided to Successful Proposer by City shall be returned by Successful Proposer to the City upon completion (or early termination) of any given Work Order under this contract. 1.27 TAMPA PORT ACCESS. All personnel assigned to provide this service or required to deliver goods to the Port of Tampa, if applicable in this Contract, shall obtain a Port Pass. To obtain this port pass will require each employee to have a valid photo ID. It is the responsibility of the Successful Proposer to obtain Port Passes before work begins or prior to delivery. Each employee shall display the identification card on outer apparel at all times when on the AWT Plant site. Any person found on the site without the required identification card will be directed to leave the site immediately. The time and cost associated with acquiring this ID shall be the Successful Proposer's responsibility. Documentation, pricing and other information related to the access requirements for the Port of Tampa can be found at: http://www.tampaQort.com/Port-Operations/Security. 1.28 EMPLOYEE VERIFICATION. Awardee must utilize the U.S. Department of Homeland Security's E- Verify Systems to verify the employment eligibility of all persons employed during the term of the award to perform employment duties within the State of Florida and all persons, including subcontractors, assigned by Awardee to perform work pursuant to the award. 2. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS 2.1 To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal process shall be addressed to the City during the pre -proposal conference, or questions can be submitted via email ten days prior to the RFP opening date and time. 2.2 Communication Policy. During any solicitation period, including any protest and/or appeal, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of 16 Purchasing or the legal department is permitted from any proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. 3. CONTENT OF PROPOSALS 3.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. Failure to follow these instructions could result in your proposal being disqualified. 3.2 The Proposer shall provide the following: One (1) original proposal marked "ORIGINAL". The original proposal is the City's official record and recording of the proposal being submitted and one (1) electronic copy on CD, DVD or USB Drive. The proposal shall be one (1) PDF document. The CD, DVD or USB Drive is a supplement and will not be reviewed for compliance. Six (6) complete copies of the proposal marked "COPY" will be for the Evaluation Committee Members. One (1) redacted copy of the proposal marked "REDACTED". If applicable, provide one redacted copy of the proposal with the original following the instructions stated under Section II. General Conditions, Section 1. General Information, Subsection 1.4 Florida Public Records Law. In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized and fasten or bound in the following manner and identified with tabs: • Title Page. Type the name of Proposer's agency/firm, address, telephone number, name of contact person, email address, date, and the title of the RFP. • Table of Contents. Include a clear identification of the written material by section and by page number. • Proposal Submittal Check List. Complete and submit Attachment A. for compliance of certain requirements identified in the RFP package. • Tab 1. Addenda. Include a copy of the addendum, or addenda associated with the RFP, if applicable. Incomplete proposals will not be considered. • Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 1.4. • Tab 3. Response to Proposal. Specifically state the Proposer's understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. • Tab 4. Section I, Scope of Services. Include all the requirements and/or documentation requested under Section I. Scope of Services, Section 4 Proposer Submittals. Successful Proposer's proposed scope of work should state in detail how it will carry out each task, including the personnel/job titles responsible for completing the task. For each service specified, the Successful Proposer should include criteria to determine when the tasks comprising the service are satisfactorily completed. Successful Proposer may propose additional or revised tasks and activities, but should explain why each is necessary to achieve the project objectives. Tab S. References. Include a reference list of at least three clients to whom the Proposer has provided services similar to those being proposed to the City. This list will include the following information: • Name of Client • Date of Services 17 • Address • Contact Person • Telephone Number • Email Address • Tab 6. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess an experience similar to the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award. Tab 7. Operational Plan. Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City in evaluating the proposed method of operation. • Tab S. Sub -Contracting Forms. Under Section IV. Sub -Contracting Forms and Payment Form, the following forms must be filled out and submitted: Schedule of All Sub-Contractors/Consultants/Suppliers Solicited MBD 10 Schedule of All Sub-Contractors/Consultants/Suppliers to be Utilized MBD 20 These forms must be completed (including signatures) and submitted with all bids or proposals Submittals that do not contain these completed forms shall be deemed "non -responsive". Instructions on completing the forms are included after each form in this bid package. Tab 9. Deviations to the RFP. Proposer should dearly and with specificity detail all deviations to the requirements, terms and conditions set forth in this Request for Proposals (RFP). Proposers are hereby advised that in instances where a deviation is stated and/or is otherwise found in Proposer's Proposal, said Proposal will be subject to rejection by the City in recognition of the fact that said Proposal does not meet the requirements imposed by this RFP and/or if such deviation is considered material in nature, in the sole discretion of the City. Failure by a Proposer to state in writing any deviations to this RFP shall be considered as acceptance by the Proposer of the requirements, terms and conditions as stated in the RFP. Tab 10. Compensation. Submit an all-inclusive cost statement. Provide a detailed cost statement for providing the services indicated in Section I. Scope of Services. Itemize fees, expenses and any optional costs separately. Successful Proposer's fees shall be firm and fixed for the entire term of the contract including any renewals or extensions. Fees shall be all inclusive, no other costs shall be allowed other than stated in the response. Based on the required services stated in this RFQ, provide a cost breakdown of rates for the each of the following respective tiers: Tier 1: • Program Development • Document Preparation • Procurement Support • Automated Job Order Contracting System • Training • Technical Support • Employees Tier 2: • Facilitation Support — Scope and Price Proposals Tier 3: • Services During Construction 18 Include any other fees associated with any related services not specified within the requirements stated in this RFQ including a detailed scope of service. Tab 11. Proposer's Affirmation. Complete, submit and have notarized the Proposers Affirmation form provided in the RFP Package. This form must be signed by an authorized representative of the firm as defined below. • Tab 12. Proposal Signature Form. Complete and submit the Proposal Signature form and Requested Voluntary Information Regarding Proposer's Initial Employment Application Content form provided in the RFP Package. These forms must be signed by an authorized representative of the firm as defined below; When the Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority. When the Proposer is a partnership, the proposal shall be signed in the name of the partnership by a general partner or other person duly authorized to bind the partnership. The capacity and authority of the person signing shall also be given. When the Proposer is an individual or sole proprietorship, the proposal shall be signed by the individual owner, stating name and style under which the Proposer is doing business. If the Proposer is doing business under a fictitious name, the Proposer must submit a copy of Certificate of Registration with the Florida Secretary of State. When the Proposer is a joint venture, each joint venturer must sign the proposal as hereinabove indicated. NOTE: Failure to submit the Proposal Signature Form emuted or failure to submit the Proposal Signature Form in the proposal package will result in the proposal being non -responsive. NO EXCEPTIONS. 4. EVALUATION OF PROPOSALS 4.1 The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner. A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed below. EVALUATION CRITERIA Cost to the City Firm's Experience and Qualiflcations Personnel Responsiveness to the Scope of Services WMBE/SLBE Participation TOTAL POINTS MAXIMUM POINT VALUES 10 points 35 points 20 points 25 points 10 points 100 points 19 4.2 Application of WMBE and SLBE Evaluation Points. During the evaluation of proposals for WMBE and SLBE participation, the Minority and Small Business Development Office will be responsible for assigning the points under this criteria. WMBE and SLBE points will be determined as follows: 1. A maximum of ten (10) rating points may be awarded when the Proposer is a City of Tampa certified WMBE Company participating as the prime contractor deemed underutilized within the industry category established by the RFP ("Construction" and "Construction -Related" Services"). 2. A maximum of five (5) rating points may be awarded when the Proposer is a City of Tampa certified SLBE business participating as the prime contractor; or, 3. One to Seven (1-7) rating points may be awarded when the Proposer is not a City of Tampa certified SLBE prime contractor or a non -underutilized WMBE company but utilizes WMBE and/or SLBE certified firm(s) as Sub-contractors/consultants, and assigned to perform meaningful segments of the contractual services detailed herein and documented on the enclosed MBD Form 10-20 (4 pages total). NOTE: The maximum number of points achievable for WMBE and/or SLBE participation will not exceed a total of 10 points. The evaluation includes but is not limited to the following criteria: Diversity of WMBE/SLBE subcontractors listed to be utilized (MBD Form 20) Percentage of proposal/scope committed to WMBE/SLBE subcontracting The collective factors in determining the total points awarded will be based on the overall weight of evidence in the proposal that specified the participation. In all cases, the Proposer and/or subcontractor(s) must be WMBE and/or SLBE certified prior to the opening date and time of the RFP to be eligible to earn WMBE/SLBE rating points. As proof of certification, include copies of all WMBE and SLBE certificates in the proposal. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa's Minority and Small Business Department Office. The Successful Proposer will be required to execute MBD Form 40 (Letter of Intent-LOI) with their subcontractors/sub-consultants prior to award. 4.3 Proposals will be evaluated and rated based on the criteria stated in this RFP, including but not limited to the following: services. 4.3.1 Responsiveness of the Proposal to the scope of work. 4.3.2 Ability, capacity, and skill of the Proposer to perform the scope of work. 4.3.3 Experience of the business and individual members of the business in accomplishing similar 4.3.4 Responses of the client references. 4.3.5 Such other information that may be required or secured. 4.4 SHORT- LISTING The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in interviews and/or presentations, demonstrations or product testing. Upon conclusion of any interviews and/or presentations, demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria. 4.5 INTERVIEWS/DEMONSTRATIONS If requested, Proposers may be required to participate in on -site interviews and conduct demonstrations to the City's Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the 20 Proposer's proposed solution. Additionally, the Proposer's key personnel may be required to be in attendance during this process. Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the Evaluation Committee. Notwithstanding the possibility of a request for an on -site interview and demonstrations, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the interviews and the oral demonstrations are the responsibility of the Proposer. 4.5 The City reserves the following rights to: 4.5.1 Conduct pre -award discussion and/or pre-award/contract negotiations with any or all responsive and responsible Proposers who submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by the Tampa Police Department or any other law enforcement agency. 4.5.2 Request that Proposer(s) modify its proposal to more fully meet the needs of the City or to furnish additional information as the City may reasonably require. 4.5.3 Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions may be permitted after submission of proposals and prior to award. 4.5.4 Negotiate any modifications to a proposal that it deems acceptable, waive minor irregularities in the procedures, and reject any and all proposals. 4.5.5 Process the selection of the Successful Proposer without further discussion. 4.5.6 Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do so. The City shall be the sole judge of Proposers' qualifications and reserves the right to verify all information submitted by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City. 4.6 Financial Statements. The City reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract. 5. ADDITIONAL CONTRACT TERMS 5.1 Basis of Award. A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best degree. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. Prior to award resulting from this solicitation, the Successful Proposer shall be registered to transact business in the State of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the proposal. Any Proposer who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. 21 5.2 Award/Contract Term. The period of the contract shall be for two (2) years from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for three (3) additional one- year periods. 5.2.1 Supplemental Unilateral Renewal Periods. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City's intent to renew shall be provided by the City in writing to the Successful Proposer prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 5.3 Non -Appropriation Of Funds. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful Proposal in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 5.4 Award Termination. When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means: 10-day written notice with cause; or 30-day written notice without cause. 5.5 Addition/ Deletion. The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the best interest of the City. 5.6 Proposal Prices. Prices quoted in the proposal shall include any and all shipping costs, shipped F.O.B. Tampa, FL, or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the contract shall be paid by the Successful Proposer and shall be deemed to be included in the proposal. The laws of the State of Florida provide that sales tax and use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the Successful Proposer and shall be deemed to have been included in the proposal. The City is exempt from all State and Federal sales, use and transportation taxes. Proposal prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Successful Proposer shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Successful Proposal, the City and any indemnified party. This provision shall survive the termination of this contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. 5.7 Government Purchasing Council. Hillsborough County Government Purchasing Council members may, at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document. 5.8 Use of State Contract, GPC, Or Cooperative Purchasing Bids. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. 5.9 Laws, Codes and Ordinances. The Successful Bidder/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid/proposal. 22 5.10 Payment. Full payment will be made by the City after receipt and acceptance of mate HaIs/services and proper invoice in accordance with Florida Statutes § 218.70, et. se=c., the Local Prompt Payment Act. Bidders that accept Visa/Mastercard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at acctspayable@tamJ)aqov.net. 5.11 Minimum Wage Amendment. The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. The rate of wages for all persons employed by the Successful Proposer on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996. 5.12 Invoicing. The Successful Proposer shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal itemizing parts, labor hours, materials, etc. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; + Company Name; • City work order number (if applicable); • Purchase order number; • Location and dates of work; • Cost of work as stated on Bid Response and extended price to reflect total cost for number of times work was performed. At the time of submission of its invoices, the Successful Proposer shall submit to the City a report on Form MBD- 30, "DMI-Payments" of all sub -contracted amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Successful Proposer uses any WMBE and/or SLBE sub -contractors, the Successful Proposer shall provide form MBD-40 "Letter of Intent" (LOI) for all WMBEw and/or SLBE sub -contractors the Successful Proposer intends to utilize. • Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments • Form MBD-40 Letter of Intent (LOI) 5.13 Award Changes. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa. 5.14 Assignment. This contract, and all rights or obligations hereunder, shall not be assigned, transferred, or delegated in whole or in part, including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of the Successful Proposer, or any other assignment, transfer, or delegation of rights or obligations, without the prior written consent of the City. Successful Proposer shall provide written notice to the City within fifteen (15) calendar days of any action or occurrence assigning the contract or any rights or obligations hereunder as described in this section. In the event the City does not consent to the assignment, as determined in its sole discretion, the purported assignment in violation of this section shall be null and void, and the City may elect to terminate this contract by providing written notice of its election to terminate pursuant to this provision upon fifteen (15) days' notice to the Successful Proposer. Action by the City awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this contract. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Successful Proposer's) to a governmental successor of the City. In the event of such approved Sub -Contracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached Schedule of Sub -Contracting forms, with the proposal response. Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 23 These forms must be completed (including signatures) n submitted with all Rroliposalls. Submi fs that do not contain these completed forms shall be deemed "non -responsive". Instructions on com letfn the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer. 5.15 Default/Re-award. Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event a contract is cancelled because of the default of the Successful Proposer, the Director of Purchasing may: (1) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next best Proposer and establish the period of such award, provided such period is no longer than the award period set forth in this specification. 5.16 Convicted Vendor List (Public Entity Crime). 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 bid 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 for Category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287,133 (2)(a)] 6. INSURANCE REQUIREMENTS This award/contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this bid document which should be reviewed for complete insurance details and coverage requirements. Without limiting Exhibit 1, including Successful Proposer's responsibility to determine applicability (e.g. "IF APPLICABLE', for purposes of this award the following coverages are hereby specifically deemed "ALWAYS APPLICABLE" (alpha designations match those of Exhibit 1): a. Commercial General Liability (CGL) Insurance Limits shall not be less than: (a) $1,000,000 per occurrence and a $2,000,000 general aggregate for awards valued at $2,000,000 or less. (b) For awards valued over $2,000,000, a general aggregate limit that equals or exceeds the award's value. b. Automobile Liability AL Insurance Limits shall not be less than: (a) 500,000 combined single limit each occurrence bodily injury & property damage for awards valued at $100,000 or less. (b) $1,000,000 combined single limit each occurrence bodily injury & property damage for awards valued over $100,000. 24 c. Worker's m ens ion W and Em to er's Liability InsUrance Employer's Liability limits shall not be less than: (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued at $100,000 and under. (b) $1,000,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued over $100,000. d. Excess (Umbrella) Liability Insurance For awards valued at $2,000,000 or more, at least $4,000,000 per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed. May also compensate for a deficiency in Commercial General Liability, Automobile Liability or Worker's Compensation insurance coverage limits. e. Professional or Errors and Omission Liability on an occurrence or claims made form, coverage shall cover any act or omission in the rendering of professional services pursuant to the award/contract. $2,000,000 per Claim/Incldent Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than a A.M. Best rating of no less than A-, Class VII, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. Within ten working days of receipt of notification of intent to award, the successful Bidder/Proposer shall provide the City of Tampa Purchasing Department the required insurance on the Acord 25 Certificate of Insurance form (or its equivalent). Failure to furnish by the 10th working day may disqualify Bidder/Proposer as non -responsible, unless the due date is extended by the Director of Purchasing or his Designee. The City of Tampa may from time to time use a third party vendor (presently Ebix BPO) to manage its insurance certificates and related documentation which vendor may periodically initiate contact, requests for information, etc. on the City's behalf. Note: All claims made forms must provide retroactive date information for all policies. End of Section II 25 SECTION III. PROPOSERS AFFIDAVIT AND PROPOSAL SIGNATURE FORMS PROPOSER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Proposer in the matter at hand, as follows: 1. That the Proposer, if a natural person, is of lawful age. 2. That if the Proposer is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Proposer is operating under a fictitious name, Proposer has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Proposer has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Proposer has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Proposer has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Proposer. The contract let under such circumstances shall be deemed invalid. 6. That the Proposer is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida. 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Proposer; nor does the Proposer know of any City officer or employee having any financial interest in assisting the Proposer to obtain, or in any other way effecting, the award of the contract to this Proposer. 8. That, by submitting this bid, the Proposer certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid for a Contract $1,000,000 and greater, Bidder certifies that the Contractor is not on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria. P FURTHER AFFIANT SAYETH NOT. Proposer: Complete the applicable Acknowledgement for An Individual Acting In His Own Right, A Partnership or A accoramg ro your nrm FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT State of _ County of The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20-, by who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public State of _ County of Signature of Affiant Printed or typed name of Affiant FOR A PARTNERSHIP The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20--L by , who is a partner on behalf of , a partnership. He/She is personally known to me or has produced identification and did (did not) take an oath, Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Signature of Affiant Printed or typed name of Affiant 27 FOR A CORPORATION State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20 _, by who (Title) of (Corporation Name) a corporation under the laws of the State of on behalf of the said corporation. He/She is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public !Votary Public State of; My Commission Expires: Printed, typed or stamped Commissioned name of notary public Signature of Affiant Printed or typed name of Affiant 28 PROPOSAL SIGNATURE FORM FOR JOB ORDER CONTRACTING CONSULTING SERVICES In compliance with this RFP and to all the conditions imposed herein, the undersigned offers and agrees to provide RFP# 41111317 JOB ORDER CONTRACTING CONSULTING SERVICES, in accordance with the attached signed proposal, or as mutually agreed upon by subsequent negotiation. This completed Proposal Signature form must be submitted with the Proposers written proposal and will become a part of any agreement that may be awarded. This Proposal Signature Form must be signed by an authorized representative as defined in Section II. General Conditions, Subsection 3. Content of Proposal of this RFP. If the Proposal Signature Form is not signed by an authorized representative or submitted with the proposal, the proposal is considered non -responsive. Please type or print: Name of Firm: Address: City: Contact Person: Federal ID #.: State: Zip: Title: Telephone No.: Email: Type Organization: [ ] Individual [ ] Small Business [ ] Non -Profit [ ]Partnership [ ] Corporation [ ] Joint Venture Attach copies of all such licenses, permits or certificates issued to the business entity. Business is licensed, (unless exempt by applicable law) permitted or certified to do business in the State of Florida: [ ] Yes [ ] No. License # Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business (WMBE) or small business enterprise (SLBE) with any government agency? [ ] Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this Proposal Signature Form, the Proposer complies with all of the requirements of the RFP package including but not limited to Communication Policy and City of Tampa Ethics Code contained in SECTION II. GENERAL CONDITIONS. NOTE: when Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall he accompanied by evidence of authority, Authorized Signature: End of Section III Date: 29 SECTION IV. SUB -CONTRACTING FORMS AND PAYMENT FORM [am Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 17-P-00681 Contract Name: Job Order Contracting Consulting Services RFP #41111317 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form iYIBD-10 must list ALL subcontractors solicited including Non-minoritylsmall businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMSE 0 =Neither Company Name Address Phone, Fax, Email Type of Ownership F=Female M=Male1 t - BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Nalive Am. CIF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method l.=Letier F-Fax E=Email P=Phone Quote or Response Received Y/N Federal ID I I i It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub —contracting opportunities on this contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid I Proposal MBD 10 rev./effective 02/2016 30 Tc�j�1�x� Page 2 of 4 — DMI Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form (Form .MBD-10) This form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self -perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre -determined Subcontract Goal or Partici ation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self -perform all work. If during the performance of the contract you employ subcontractors, the City must pre -approve subcontractors. Use of the "Sub-(ContractorslConsultantslSupptiers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors. • No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form, All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form-I0 included. The followina instructions are for information of any and all subcontractors solicited. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as either Women/Minority Business Enterprise; "O" = Non -certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka "National Institute of Governmental Purchasing" are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec'd (received) YIN. Indicate "Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. If additional information is required or you have questions, please contact the Equal Business Opportunity Program - Minority and Small Business Development Office at (813) 274-5522. 31 l:�tY TGzlri�ca. Failure to Complete, Sign and Submit Both Farms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 17-P-00681 Contract Name: Job Order Contracting Consulting Services RFP #41111317 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable boxes). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Forth MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minoritylsmall businesses [ ] No Subcontractingiconsulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 /Enter "S" for firms Certified as Small Local Business Enterorises.'W for firms Certified as Women/Minority Business Enterprise,'0' for Other Non•CetW S = SLBE W=WMBE 0 =Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM =African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (L01) if available Percent of Scope or Contract % Federal ID Total ALL Subcontract ! Supplier utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt % Percent WMBE Utilization of Total Bid/Proposal Amt. % It is hereby certified that the following information is a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed Name/Title: Date, Failure to Com lete Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid f Proposal MBD 20 rev.1effective 0212016 32 lam Page 4 of 4 DMI — Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) Tliis form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) projected to be utili ed must be included on this form. Note: Ability or desire to self -perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Subcontracting/consulting (of any kind) will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City, but will self -perform all work. When subcontractors are utilized during the performance of the contract, the "Sub-(Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. • No Firms listed To -Be -Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-50) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. The following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as Women/Minority Business Enterprise; "O" = Non -certified others. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampaaov.net/mbd "Information Resources". • Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e. Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. — Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. If additional information is required or you have questions, please contact the Equal Business Opportunity Program - Minority and Small Business Development Office at (813) 274-5522. 33 T(("'f, N" c--_6Y City of Tampa -- DMI Sub-(Contractors/Consultants/Suppliers) Payments (] Partial [ ] Final (FORM MBD-30) Contract No.: 17-P-00681 WO#,(if any): Contract Name: Job Order Contracting Consulting Services RFP #41111317 Contractor Name: Address: Federal ID: Phone: Fax: Email: GC Pay Period: Payment Request/Invoice Number: City Department: Total Amount Requested for pay period: $ Total Contract Amount (including change orders):$ Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am,, NF NM Nativa Am [ = C M = f'aiiraciarr _ �I RF Type Amo P 11 Ta Be Trade/Work Activi Compan ,Name y Total .. A Tij Da eaid d For This Pena Sub Address Sub Contract . Amount � 5u lier Phone & Fax Or PO Amount Pending Sub Pay.Period Federal'ID orev[ousl Entling late , orted � .. $ $ 1$ $ 1$ $ 1$ $ 1$ $ 1$ (Modifying This Form or failure to Complete and Sign May Result in Non -Compliance) Certification: I hereby certify that the above information is a true and accurate account of payments to sub -- contractors/consultants on this contract. Signed. DMI form 30 (rev. 10101/12) Name/Title: Date: Note: Detailed Instructions for completing this farm are on the next paae 34 W(�A u� Instructions for completing The DMI Sub-(Contractors/Consultants/ Suppliers) Payment Form (Form MBD-30) This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, "Waiver and Release of Lien upon Progress Payment", "Affidavit of Contractor in Connection with Final Payment", or an affidavit of payment must be submitted with the amount paid for the pay period, The following will detail what data is required for this form. The instructions that follow correspond to the headings on the form required to be completed. (Modifying or omitted information from this form my result in non-compliance). • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • W.O.# If the report covers a work order number (W.O.#) for the contract, please indicate it in that space. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business. • Address. The physical address of your business. • Federal ID. A number assigned to a business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/13 — 05131113) • Payment Request/Invoice Number. Provide sequence number for payment requests. (ex. Payment one, write 1 in space, payment three, write 3 in space provided.) • City Department. The City of Tampa department to which the contract pertains. • Total Amount Requested for pay period. Provide all dollars you are expecting to receive for the pay period. • Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. • Sign edlNamelTidelDate. This is your certification that the information provided on the form is accurate. • See attached documents. Check if you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. • Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. • Final Payment. Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. • (Type) of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE, • Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. • SubContractor/SubConsultant/Supplier. Please indicate status of firm on this contract. • Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Total Subcontract Amount. Provide total amount of subcontract for subcontractor including change orders. • Amount Paid To Date. Indicate all dollars paid to date for the subcontractor. • Amount Pending, Previously Reported. Indicate any amount previously reported that payments are pending. • Amount To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period, • Sub Pay Period Ending Date. Provide date for which subcontractor invoiced performed work. Forms must be signed and dated or will be considered incomplete, The company authorized representative must sign and certify the information is true and accurate. Failure to sign this document or return the document unsigned can he cause for determining a company is in non-compliance of Ordinance 2008-89. If any additional information is required or you have any questions, you may call the Minority Business Development Office at (813) 274-5 5 22. MR T IMKI City of Tampa Official Letter of Intent (Form MBD-40) A Letter of Intent is required for each WMBE,/SLBE listed on the Schedule of Subcontractors to be Utilized (MBD 20 Form). Letter of Intent must be signed by both the Bidder/Service Provider and WMBE/SLBE firm. Bid/Proposa I/Con tract Number: Bid/Proposa I/Con tract Name: A. To be completed by the Bidder/Service Provider Name of Bidder: Address: Contact Person: Telephone: Email: B. To be completed by WMBE/SLBE Name of WMBE/SLBE: Address: Contact Person: Telephone: Email: Fax: Fax: C. Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids, identify to which bid line item the WMBE/SLBE's work scope or supply corresponds- D. E. Cost of work to be performed by WMBE/SLBE: Cost of work to be performed by WMBE/SLBE as a percent of total City contract amount:$ Bidder/Proposer certifies that it intends to utilize the WMBE/SLBE listed above, and that the work described above is accurate. Bidder/Proposer will provide City with copy of the related subcontract agreement and/or purchase order prior to commencement of the WMBE/SLBE's work. The WMBE/SLBE firm certifies that it has agreed to provide such work/supplies for the amount stated above. Bidder/Proposer: Signature and Title Date: WMBE/SLBE Firm:, Date: Signature and Title Rev. 10/12/12 M B D 40 36 Official Letter of Intent Instructions City of Tampa Equal Business Opportunity Program The Official Letter of Intent must be submitted to the soliciting department within ten (10) work days of the bid opening, prior to award. Not providing all letters of intent within the prescribed time frame may be cause to delay award or declare the bid to be non -responsive. Bid/Proposal/Contract Number- Please provide bid/proposal/contract number provided by City of Tampa procuring department. Bid/Proposal/Contract Name — Please provide bid/proposal/contract name provided by City of Tampa procuring department. To be Completed by the Bidder/Service Provide — Please provide prime contractor or main bidders detailed company information as indicated. To be completed by the WMBE/SLBE — Please provide WMBE/SLBE subcontractor detailed company information as indicated. Bidder is to Identify the scope of work to be performed or item(s) to be supplied by the WMBEISLBE. On unit price bids identify, which bid line item the WMBE/SLBE's scope of work or supply corresponds — Please provide details of the services or supplies the WMBEISLBE will provide. Cost of work to be performed by WMBEISLBE — Provide agreed upon estimate of work or supplies total price (Unit prices are accepted if specific quantities have yet to be determined). Bidder/Proposer — Signature of authorized agent for the prime contractor or main bidder with date signed. WMBEISLBE firm — Signature of authorized agent for the WMBEISLBE subcontractor or supplier with date signed. Contract Confirmation — A copy of the executed subcontract agreement and/or purchase order with the WMBEISLBE must be filed with the City of Tampa immediately upon execution and/or prior to commencement of work by WMBEISLBE. 37 Policy The Guidelines apply to formal procurements and solicitations. WMBE participation will be narrowly -tailored. Index • Black = Black/African-American Business Enterprise Hispanic = Hispanic Business Enterprise • Asian =Asian Business Enterprise • Native Am. = Native American Business Enterprise • Woman = Woman Business Enterprise (Caucasian) Industry Categories Construction is defined as: new construction, renovation, restoration, maintenanceof public improvements and underground utilities. Construction -Related Servicesare defined as: architecture, professional engineering, landscape architecture, design build, construction management services, or registered surveyingand mapping. Professional Services are defined as: attorney, accountant, medical doctor, veterinarian, miscellaneous consultant, etc. Non -Professional services are defined as: lawn maintenance, painting, janitorial, printing, hauling, security guard, etc. Goods are defined as: all supplies, materials, pipes, equipment, machinery, appliances, and other commodities, M8© Form-70 38 ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 3. Content of Proposals. SECTION I. SCOPE OF SERVICES SECTION 4. PROPOSER SUBMITTALS 4.1 Proposer's Minimum Requirements 4.2 Contract termination for Default 4.3 Contract Litigation/Legal Proceedings 4.4 Experience in the State of Florida 4.5 WMBE/SLBE Experience 5.11 Certified Resolutions. 5.12 Project Guaranty Agreement. SECTION III. PROPOSER'S AFFIRMATION FORM Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM Form is filled out and executed. SECTION IV. SUB -CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. Form MBD 20 - Utilized Form is filled out and executed. Proposal is submitted in the format required under Section 3. Content of Proposal? PAGE NUMBER IN PROPOSAL 39 E Lit a r LINE RD C' yy _3 Th onotorlx� !Irl ple 11 ace BOYETTE RD, FISHHAWK BLVD RHODINE RD Sour -Des: Esri, HERE, DeLorme. Intermap, increment P Corp_ GEBCO, USG, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL. Ordnance Surve,y, Esri Japan, MET[, Esri China (Hong.Kong), swisstopo, Mapmylndia, (D OpenStreetMap contributors, and the GIS User Community Legend -7 City of Tampa Water Service Area E C h ev a: L WZ NINE In P I'a ran dom DURANT RC) 130YETTE RD FISHFIAWK BLVD RHODINE RD Sou0ces: Esri, HERE. DeLorme. Intermap, increment P Corp., GEBCO, US�, FAO, NPS, NRCAN, GeoBase, IGN, K3daster NL, Ordnance Survg.y, Esri Japan, MET[, Esri China (Hong Kong), swisstopo, MapmyIndia, '9) OpenStreetMap contributors, and the GIS User Community N Legend W*E City of Tampa Wastewater Service Area s Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances, which can be found at the website link: https://www,municode.com/library/fl/tamr)a/codes/code of ordinances?nodeId=COOR CH12HURI ARTVICRHISCPR [_] Yes [I No The City requires this information for informational purposes only pursuant to Section 2-284, City of Tampa Code of Ordinances. It will not be used either as a basis of award or denial thereof. It may not be used by any party as a basis of any protest. Firm Name: Authorized signature: Date; 40 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims for injuries to persons (including death) or damages to property which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub -consultants, as applicable) of any tier subject to the terms and conditions of this document. Firm's maintenance of insurance coverage as required herein is a material element of the Agreement and the failure to maintain or renew coverage or provide evidence of same (defined to include without limitation Firm's affirmative duty to provide from time to time upon City's request certificates of insurance, complete and certified copies of Firm's insurance policies, forms, and endorsements, information on the amount of claims payments or reserves chargeable to the aggregate amount of coverage(s) whether during the term of the Agreement or after as may be requested by the City in response to an issue or potential claim arising out of or related to the Agreement to which Firm's insurance obligations hereunder may apply or possibly help mitigate) may be treated as a material breach of the Agreement. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may (i) terminate the Agreement or (ii) purchase such coverages as City deems necessary to protect the Itself (charging Firm for same) and at City's option suspending Firm's performance until such coverage is In place. If Firm does not reimburse City for such costs within 10 days after demand, in addition to any other rights, City shall also have the right to offset such costs from amounts due Firm under any agreement with the City. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm's obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential claim, litigation, etc. The City reserves the right from time to time to modify or waive any or all of these insurance requirements (or to reject policies) based on the specific nature of goods/services to be provided, nature of the risk, prior experience, insurer, coverage, financial condition, failure to operate legally, or other special circumstances. If Firm maintains broader coverage and/or higher limits than the minimums shown herein, the City requires and shall be entitled to such broader coverage and/or higher limits maintained by Firm. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements are sufficient to cover Firm's interests, liabilities, or obligations. Required insurance shall not limit Firm's liability. Firm acknowledges and agrees Firm and not the City is the party in the best position to determine applicability (e.g. "IF APPLICABLE', confirm, and/or verify its insurance coverage. Acceptance by the City, or by any of its employees, representatives, agents, etc. of certificates or other documentation of insurance or policies pursuant to the terms of this document and the Agreement evidencing insurance coverages and limits does not constitute approval or agreement that the insurance requirements have been met or that coverages or policies are in compliance. Furthermore, receipt, acceptance, and/or approval of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its employees, representatives, agents, etc., which indicate less coverage than required does not constitute a waiver of Firm's obligation to fulfill these insurance requirements. MINIMUM SCOPE AND LIMIT OF INSURANCE: ("M" indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an "occurrence" basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees -as - insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement's value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent). (ALWAYS APPLICABLE) B. Automobile Liability (ALI Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non -owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent). (ALWAYS APPLICABLE) 41 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT`D) C. ker's Compensation Employer's Liability Insurance for all employees engaged under the Agreement, Worker's Compensation as required by Florida law. Employer's Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements. (ALWAYS APPLICABLE) D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC. (ALWAYS APPLICABLE) E. Builder's Risk Insurance for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be "All Risk" form with limits of no less than the project's completed value, have no coinsurance penalties, eliminate the "occupancy clause", cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee. (IF APPLICABLE) F. Installation Floater coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be "All Risk" including installation and transit for no less than 100% of the installed replacement cost value. (IF APPLICABLE) G. Architects & Engineers Liability/ Professional Liability (E&O)/ Contractors Professional Liability (CPrL)!/ Medical Malpractice Insg(anCq where Agreement involves Florida -regulated professional services (e.g, architect, engineer, design -builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1M per occurrence and $2M aggregate; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City's acceptance of same. (IF APPLICABLE) H. apilroad Protective Liability (RPL) Insurance for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road's approval prior to commencement of work. (IF APPLICABLE). I. Pollution and/or Asbestos Legal Liability Insurance where Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g, lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non -owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead -based paint, 3rd party claims/removal, etc.), with limits of at least $1M per occurrence and $2M aggregate, maintained for at least 3 years after Agreement completion. (IF APPLICABLE) J. Cyber Liability Insurance where Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers; cloud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than $2M per occurrence and $2M aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Firm, and shall include, but not be limited to, claims involving infringement of intellectual property/copyright, trademark, trade dress, invasion of privacy violations, damage to or destruction of electronic information, information theft, release of confidential and/or private information, alteration of electronic information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, credit monitoring expenses. (IF APPLICABLE) K. Drone/UAV Liability Insurance where Agreements involves unmanned aerial vehicles/drones. Coverage to include products and completed opera-tions, property damage, bodily injury with limits no less than $1M per occur-rence, and $2M aggregate; may be provided by CGL endorsement subject to City's prior written approval. (IF APPLICABLE) L. j_ongshore & Harbor Workers' Compensation Act/Jones Act for work being conducted near, above, or on "navigable waters" for not less than the above Employer's Liability Insurance limit. (IF APPLICABLE) M. Ga ragekee per/ Hangerkeeper/ Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; cover -age against liability for damage to vehicles air/watercraft, their machinery in Firm's care, custody, or control both private & commercial. Limits at least equal to greater of $1M, value of max number of vehicles that may be in Firm's custody, or of most costly object in Firm's custody. (IF APPLICABLE) 42 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT'D) N. Property Insurance al3d Interruption of Business (I08) Insurance where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to 1 year if premises are destroyed, rendered inaccessible or untenantable, including disruption of utilities, water, or telecommunications. (IF APPLICABLE) O. Liquor Liability/Host Liquor Liability_ where Firm directly or indirectly provides alcoholic beverages, limits of at least $1M per occurrence and $1M aggregate. (IF APPLICABLE) P. Educators Legal Liability Insurance where day care, after school program, recreational activities, etc. limits per G above. (IF APPLICABLE) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, employees, and volunteers together with, as applicable, any associated lender of the City shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL — Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non -renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days' notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as stated in the Agreement with a copy to the following: ❑ Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 ® Other; City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS. Duluth, GA 30096 _ CERTIFICATE OF INSURANCE (COD — to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors' acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE — If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF -INSURED RETENTIONS (SIR) — must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE — All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. 43 EXHIBIT I - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT'D) PRIMARY POLICIES - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as to the City, its elected officials, departments, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, employees, and volunteers shall be excess of the Firm's insurance and shall not contribute with it. SUBCONTRACTORVINDEPENDENT ASSOCIATES /CONSULTANTS/SUBTENANTS/SUBLICENSEE — Firm shall require and verify that all such entities maintain insurance meeting all requirements stated herein with the City as an additional insured by endorsement (ISO FORM CG 20 38, or broader) or otherwise include such entities within Firm's insurance policies. Upon City's request, Firm shall furnish complete and certified copies of copies of such entities' insurance policies, forms, and endorsements. SUBCONTRACTOR DEFAULT INSURANCE, CONTROLLED INSURANCE PROGRAM, WRAP-UP - Use requires express prior written consent of City Risk Manager. UNAVAILABILITY — To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. iWAIVER/RELEASE AGREEMENT — Where Firm has a defined group of persons who might be exposed to harm (e.g. participants in an athletic event/program, volunteers) any waiver or release agreement used by Firm whereby such persons (and their parent/guardian as applicable) discharge Firm from claims and liabilities, shall include the City, its elected officials, departments, officers, officials, employees, and volunteers to the same extent as Firm. Revised 11/01/2016 44 (� PURCHASING/MTH/JB/AGG RESOLUTION NO. 2020- A RESOLUTION APPROVING THE RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF TAMPA AND THE GORDIAN GROUP, INC. FOR THE PROVISION OF JOB ORDER CONTRACTING CONSULTING SERVICES FOR A PERCENTAGE OF PROJECT COSTS AS PROPOSED AND AGREED UPON FOR USE BY VARIOUS DEPARTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa, Florida, by authority contained in Resolution No. 2018-482, passed and adopted by City Council on June 7, 2018, entered into an Agreement with The Gordian Group, Inc. for the provision of Job Order Contracting Consulting Services for use by various departments; and WHEREAS, said Agreement provided for renewal under the same terms and conditions as contained therein when mutually agreeable to the parties, and the parties have mutually agreed to such extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That, pursuant to Resolution No. 2018-482 passed and adopted by the City Council on June 7,2018, the City of Tampa is renewing the Agreement with The Gordian Group, Inc. for an additional one-year period, commencing at 12:01 a.m., June 7, 2020 and expiring at 12:00 midnight, June 6, 2021 upon the same terms and conditions as contained in the original Agreement. Section 2. That funds for the provision of job order contracting consulting services for use by various departments within various funds shall be controlled by requisition and subject to annual appropriation. Funds shall be payable upon the issuance of a Job Order, Notice -to -Proceed, Purchase Order or similar purchasing document from the City to the JOC contractor. Section 3. That the proper officers of the City of Tampa are authorized to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution, which shall take effect im diately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORAA, ONn J U T. 4 2020 TEK CITY COUNCIL ATTEST: CITY CLERK ` APPROVED AS TO LEGAL SUFFICIENCY BY MARCELLA T. HAMILTON, ASSISTANT CITY ATTORNEY XILV_0 913 CITY OF TAMPA Bob Buckhorn, Mayor Purchasing Department Gregory K. Spearman, CPPO, FCCM Purchasing Director October 18, 2017 REQUEST FOR PROPOSALS (RFP) FOR JOB ORDER CONTRACTING CONSULTING SERVICES Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed proposals for JOB ORDER CONTRACTING CONSULTING SERVICES, RFP #41111317 will be received by the Director of Purchasing, City of Tampa, until 3:30 PM, NOVEMBER 13, 2017; then to be opened and read aloud. Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer's disqualification. Questions regarding this RFP should be referred to: Cindy Brickey, CPPB, Certified Procurement Analyst. Questions shall be submitted by email to cindy.brickey tampagov.net. Submission of Proposals by mail, hand delivery or express mail must be in a sealed envelope/box with the Proposer's name and return address indicated. Type or print the RFP Number and RFP Title on the carrier envelope/box. Address the Proposal envelope/box as follows: Purchasing Department Tampa Municipal Office Building, 2"d Floor 306 E. Jackson Street Tampa, Florida 33602 (This address is appropriate for mailing, hand delivery and express mail.) Questions regarding the City of Tampa Small Local Business Enterprise (SLBE) and/or Woman/Minority Business Enterprise (WMBE) programs should be referred to: MINORITY AND SMALL BUSINESS DEVELOPMENT OFFICE — PHONE (813) 274-5512 or Htty://www.tampagov.net/dent minority business development/ The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department. Proposals shall be accepted no later than the time and date specified on the REQUEST FOR PROPOSALS. The Proposal Opening shall be thereafter and open to the Public. All Proposals received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No Proposal may be withdrawn or modified after the time fixed for the opening of the RFP. Verification of the City's receipt of the proposal submitted is the Proposer's responsibility. Failure of the City to receive such proposal by the date and time specified on the Request for Proposal will result in non -consideration. STATEMENT OF NO BID WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US The Purchasing Department's mission is to provide the best specifications in our Bid and Request for Proposals package to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City's Bid or Request for Proposal. 306 E. Jackson Street, 2E • Tampa, Florida 33602 • (813) 274-8351 • FAX: (813) 274-8355 �[TampaGrly www.tampagov.net Rev 5/8/15 City of Plant City Buddy Storey Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax wstorey@plantcitygov.com City of Temple Terrace Judy Crutcher, Assistant Purchasing Agt. P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 — Telephone 813-989-7185 — Fax jcrutcher@templeterrace.com Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721 FAX: (813) 272-5521 www.hillscierk.com Tampa -Hillsborough County Expressway Authority 1104 East Twiggs St. Suite 4300 Tampa, Florida 33602 813-272-6740 — Telephone 813-276-2492 — Fax Nancy@tampa-xway.com Hillsborough Area Regional Transit Authority Melissa Smiley 4305 E. 215t Street Tampa, FL 33605 813-623-5835 — Telephone 813-664-1119 — Fax smileym@gohart.org Hillsborough Co. Aviation Authority P. O. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730 FAX: (813) 875-6670 www.tampaairport.com GPC LISTING Hillsborough Community College Vonda Melchior, Director of Purchasing 39 Columbia Drive Tampa, FL 33606 813-253-7060 — Telephone 813-253-7561 — Fax vmelchoir@hcc.fl.us Hillsborough County Board of County Commissioners 601 E. Kennedy Blvd., 18th Floor P. O. Box 1110, Tampa, FL 33601-1110 Phone: (813) 272-5790 FAX: (813) 272-6290 www.hillsboroughcounty.org Hillsborough Co. Sheriff's Office J. H. Shillady, Fiscal Officer P.O. Box 3371 Tampa, FL 33601 813-247-8033 — Telephone 813-247-8246 — Fax Jshillady@hcso.tampa.fl.us State Attorney's Office Mark Ober, State Attorney 800 E. Kennedy Blvd., 5t" Floor Tampa, FL 33602 813-272-5400 — Telephone 813-272-7014 — Fax Ober—M@SA013th.com Tampa Port Authority Donna Casey, Procurement Analyst P.O. Box 2192 Tampa, FL 33601 813-905-5164 — Telephone 813-905-5109 — Fax dwebb@tampaport.com Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274 FAX: (813) 272-7043 www.votehillsborough.org Hillsborough County School Board City of Tampa Housing Auth. P. O. Box 3408 Jerome Ryans, President/CEO Tampa, FL 33601-3408 1514 Union Street Phone: (813) 272-4329 Tampa, FL 33607 FAX: (813) 272-4007 813-253-0551 — Telephone www.sdhc.kl2.fl.us 813-4522 — Fax irenew@thafl.com Tampa Sports Authority Joe Haugabrook, Director of Purchasing 4201 N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 — Telephone 813-673-4312 — Fax jhaugabrook@tampasportsauthority.com Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222 FAX: (813) 307-6521 www.hillstax.org The Children's Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884 FAX: (813) 228-8122 www.childrensboard.org University of South Florida Mike Abernethy, Director Purchasing Services 3702 Spectrum Blvd. UTC135-P Tampa, FL 33612 813-974-2481 — Telephone 813-974-5362 — Fax gcotter@admin.usf.edu Hillsborough County Purchasing Scott Stromer, Director P.O. Box 1110 Tampa, FL 33601 813-272-5790 — Telephone 813-272-6290 — Fax procurementservices@hillsboroughcounty.org Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100 FAX: (813) 272-5519 www.hcpafl.org Tampa Palms Community Dev. Dist. 16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813)977-3933 Fax: (813) 977-6571 www.tpoa.net 2 TABLE OF CONTENTS SECTION I. SCOPE OF SERVICES SECTION II. GENERAL CONDITIONS SECTION III. PROPOSER'S AFFIRMATION AND PROPOSAL SIGNATURE FORMS SECTION IV. SUB -CONTRACTING FORMS ATTACHMENT A. PROPOSAL SUBMITTAL CHECK LIST ATTACHMENT B. CITY OF TAMPA SERVICE AREA MAPS EXHIBIT 1. CITY OF TAMPA INSURANCE REQUIREMENTS SECTION I. SCOPE OF SERVICES 1. INTRODUCTION The City of Tampa (City) is seeking responses from interested and qualified organizations and firms to provide professional consulting services for development and implementation of a Job Order Contracting (JOC) System. The main objective of the system is to enable the City to rapidly engage contractors to perform small to medium sized maintenance, repair and construction projects (less than $100,000.00) which are not subject to the State of Florida Consultants' Competitive Negotiations Act (CCNA) State Statutes. JOC is an indefinite quantity contract pursuant to which the contractor will perform an ongoing series of individual projects at different locations within the City's service areas which are included in Attachment B of this document. JOC is an innovative procurement program that was developed to provide facility managers with an alternative procurement method to accomplish small to medium size maintenance, repair and construction projects. The JOC program streamlines the procurement process by using pre -approved, competitively bid, firm fixed -price, contracts thereby eliminating the need to solicit bids for the completion of JOC compatible projects. By using the JOC program, departments can expect to improve the efficiency and cost effectiveness of the procurement process and reduce the overall time required to accomplish projects. Contract award will be determined by the quality of the responses received and the City, at its discretion, shall award projects under a JOC system on an as needed basis according to the best interest of the City. For any contract awarded as a result of this RFP, no minimum or maximum number of projects assigned to the Successful Proposer can be guaranteed by the City. 2. SUCCESSFUL PROPOSER'S MINIMUM REQUIREMENTS Successful Proposer must: 2.1 Have a minimum of three (3) continuous years of experience providing this type of service. 2.2 Have key personnel assigned to this contract possess a minimum of two (2) years' experience each in providing services equivalent to those requested in this RFP. 2.3 Have the resources and staff to be able to respond to a jobsite in the City and to attend meetings at the City with four (4) hours' notice. 2.4 Have the ability to maintain adequate files and records and meet statistical reporting requirements. 2.5 Have the administrative and fiscal capability to provide and manage the proposed services and to ensure an adequate audit trail. 2.6 RFP specifications for JOC contractors shall be completed within 180 days from date of award. 2.7 Provide weekly status updates. 2.8 Must be fully familiar and experienced with JOC Programs and JOC software applications for delivery of projects. 2.9 Train JOC general contractors in such JOC programs and JOC software applications, as needed for successful completion of projects. 2.10 Work closely with City departments including but not limited to various user departments, Purchasing, Risk Management and Legal. 2.11 Be responsible in providing clear and concise specifications for the City's successful selection of JOC general contractors. The City's goal is to award JOC contractor(s) who will complete projects expeditiously and in accordance with industry standards and regulations at a reasonable cost. 0 2.12 Prepare project technical specifications that reference all applicable regulations including but not limited to local, state and federal laws, construction, safety, latest industry standards and best practices, and in accordance with varying grant funding requirements. 3. REQUIRED SERVICES 3.1 TIER 1 3.1.1 Program Development Successful Proposer shall work with City staff to develop the JOC program. Program development includes reviewing and assessing City needs to determine the size of the program and, in conjunction with City staff, developing execution procedures that will be used to implement and administer the JOC Program. 3.1.2 Document Preparation Successful Proposer shall develop the full set of customized Job Order Contracting documentation including a City of Tampa specific Tasks Catalog, Technical Specifications, and General Conditions. 3.1.2.1 The Tasks Catalog shall contain individual construction tasks along with associated unit prices. Each unit price shall be developed based on the prevailing equipment, material, and labor prices within the City's geographical region. Each unit price shall comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the work. The labor prices shall include the most current prevailing wages of all applicable laws. When the State Labor Code minimum wage and the Federal Wage Determinations (Davis -Bacon Act) are applicable due to federal funding involvement, the higher of the two wages rates per each work classification will prevail. The Tasks Catalog shall be regularly updated to reflect current marketplace pricing for tasks, equipment, materials, etc. Successful Proposer shall provide written confirmation and backup documentation of updates. 3.1.2.2 The Technical Specifications shall be developed in conjunction with the Catalog of Tasks and, where available, the City standards must be incorporated. 3.1.2.3 The General Conditions for the JOC Program contracts shall be developed in conjunction with City staff, shall incorporate JOC language, and include all appropriate City contract language and forms. 3.1.3 Procurement Support Successful Proposer shall be capable of providing the City with complete technical and marketing support during the procurement phase. Qualified staff with extensive public sector procurement experience must provide this support. Successful Proposer will be required to organize and conduct pre -proposal meetings with the intending JOC general contractors as well as make presentations on behalf of the City with various business and contracting organizations. 3.1.4 Automated Job Order Contracting System Successful Proposer shall provide the City a comprehensive JOC management information and support system. The system must be compatible with the Windows operating system for personal computers. The JOC management and information support system must be capable of providing full project tracking, automated development of cost proposals and independent estimates, generation of all project documentation, providing a project scheduling capability, budget and cost control, and the generation of customized reports. The automated system shall be customized to the specific needs of multiple City departments and be capable of incorporating current forms and documentation. 3.1.5 Training Successful Proposer shall develop specialized training courses that would involve all parties utilizing the system. This may include: • Procurement Staff • Project Managers • Inspectors following: • Clerical Administrative Staff • JOC Contractors All aspects of the system are to be covered in the training. This must include, but is not limited to the • JOC Execution • Implementation Procedures • System Training • Post Implementation Follow-up • Monthly Refresher Course Training All training is to be "hands on" with functional use and individual performance as the objective. Train the awarded JOC general contractors in implementation of the contracts. Conduct/attend orientation meetings, program review conferences, and program briefings as needed. Provide staff user manuals at the end of each training session. Provide training manuals or videos to the City for training additional staff in the future. 3.1.6 Technical Support Provide a comprehensive JOC management information and support system. Expectations include assisting the City in executing procedures, troubleshooting, implementation, and continuous system monitoring. Successful Proposer shall update, as often as required, any or all of the JOC documents including the Tasks Catalog, Technical Specifications, and Contractual Terms and Conditions. Successful Proposer shall provide ongoing technical support and prepare and conduct periodic review conferences for City management. Successful Proposer shall be required to provide JOC Program technical support services as needed normally Monday through Friday from 8:00 a.m. to 5:00 p.m. local City of Tampa time. Successful Proposer shall be available by phone during these same hours to answer JOC Program questions. Successful Proposer shall provide these services and support at all times projects are operational which may be outside of these times, on weekends or holidays. Successful Proposer shall provide reoccurring onsite hours semiweekly. Schedule of onsite availability shall be determined by the City. 3.1.7 Employees Successful Proposer's supervisory personnel shall provide adequate competent supervision at all times during the performance of the contract. Successful Proposer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, as well as any JOC general contractor's employees and immediately remove any employee whose conduct is unsatisfactory to the City. Successful Proposer shall furnish all transportation and labor costs for the services necessary to provide a complete Job Order Contracting program for the City. 3.2 Tier 2 3.2.1 Facilitation Support— Scope and Price Proposals The City may require an owner's representative for certain procurement procedures. As such, Successful Proposer shall act on the City's behalf. Successful Proposer may be required to provide these services on an as -needed basis at the City's discretion. The scope may include but not limited to: • Confirm that a project is an acceptable candidate for the JOC Program. • Establish and create a project file at the inception of a project. • Clarify the Scope of Work and obtain project plans and/or data from the City. • Recommends appropriate JOC general contractor, if multiple contractors exist. • Conduct a joint scope meeting with City staff, JOC general contractor, and architect or engineer, as applicable. • Coordinate and document the detailed scope of work appropriate for the work. • Obtain and review all submissions by the JOC general contractor pertaining to the Job Order, including schedule, safety plan, submittals, shop drawings, permits, etc. • Assist with resolving issues when project plans and actual conditions vary. • Obtain City approval of the detailed scope of work. 6 • Issue a request for price proposal to the JOC general contractor. • Review the price proposal submitted by the JOC general contractor. • Direct the JOC Contractor to revise the price proposal, as necessary. • Finalize the job order with the JOC general contractor. • Verify City authorization, approval and budget account information. • Recommend issuance of the notice to proceed to the JOC general contractor. 3.3 TIER 3 3.3.1 Services During Construction The capability of Proposer's submitting proposals shall include a full range of construction related services that cover the entire life cycle of a project, including owner representation, assistance, support and/or recommendations pertaining to preliminary studies and programming; due diligence, data gathering and analysis; design input and review; cost estimating; construction delivery; permit requirements and approval process(es); bid solicitation process; observation of onsite construction progress and weekly construction meeting minutes; ongoing project development and financial oversight, review invoicing and disbursements; clarifications and changes in the work; close- out packages; verify accurate updates to as -built drawings; and warranty issues. Successful Proposer may be required to provide these services on an as -needed basis at the City's discretion. 3.4 HOURS OF OPERATION Successful Proposer shall be required to provide JOC Program services as needed normally Monday through Friday from 8:00 a.m. to 5:00 p.m. local City of Tampa time; however projects may require to be performed outside of these times, on weekends or holidays. 3.5 PERSONNEL REQUIREMENTS Successful Proposer shall identify all personnel who will perform work related to the services detailed in this RFP, including education level, skill set (described in detail), experience level, applicable industry licenses and job title. Resumes of all personnel so identified should also be included with the response. Successful Proposer shall utilize staff with extensive public sector procurement knowledge including U.S. Department of Housing and Urban Development (HUD) procurement requirements under 24 CFR 85.36 as well as JOC and/or construction related experience. 4. PROPOSER SUBMITTALS The following information must be submitted in the proposal under Tab 4: 4.1 Under Section I. Scope of Services, 2. Successful Proposer's Minimum Requirements, the Proposer is to provide the detailed information so the City can confirm the company/firm has met the mandatory requirements. 4.2 Contract Termination for Default. Has the Proposer's company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company's position on the matter. City will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience. 4.3 Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. 7 4.4 Experience in the State of Florida. Describe knowledge of applicable Florida laws, statutes and construction regulations as related to the scope of services listed herein. Provide detailed experience of similar services performed within the State of Florida. 4.5 WMBE/SLBE Experience. Propose how women/minority businesses as well as small local businesses participation strategy would be incorporated into the JOC business process for the pool of selected General Contractors (GC). Describe experience in identifying opportunities and seeking active participation from GC's and with subcontractors. Provide monitoring techniques and reporting examples used to ensure goals are successfully met. S. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City's management team for interview and consultation during plan(s) development and for review of the draft and final plans. 6. COORDINATION WITH THE CITY The Successful Proposer shall identify the Project Manager to work in close coordination with the City. The City's Project Manager shall be the City's point of contact. The City shall approve any changes to the Project Manager or personnel assigned to the project. During the term of the contract, the Project Manager shall meet on -site with the City's Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. End of Section I SECTION II. GENERAL CONDITIONS 1. GENERAL INFORMATION 1.1 Proposal Due Date. Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. City of Tampa Request for Proposals are issued electronically via DemandStar's eProcurement bid distribution system. Obtaining Request for Proposals through Demandstar will ensure that vendor will have the following capabilities: receipt of Request for Proposals electronically, track the status of award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the Request for Proposal packages may be incomplete. The City will not accept incomplete Request for Proposals. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/supplier for more information. 1.2 Addendum and Amendment to RFP. If it becomes necessary to revise or amend any part of this RFP, DemandStar will provide notification of the Addendum to all prospective Proposers who received an original RFP from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to the bid opening date. Bidders registered as obtaining printed bid documents directly from the City's Purchasing Office will receive Addenda via mail or facsimile from Demandstar. The City will not accept incomplete proposals. It will be the responsibility of the Proposer to contact DemandStar prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return the executed addenda with the proposal. 1.3 Errors and Omissions. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to the RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFP prior to submitting the proposal or it shall be deemed waived. 1.4 Florida Public Records Law. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the Proposer is required to do the following: (1) identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Proposer's other Proposal documents, (3) clearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Proposer's name and the Proposal number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer's "REDACTED" copy. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.* 0 Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Proposer agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Proposer's designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non -responsive. Proposer's References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Proposal submittal as "non -responsive". 1.4.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 1.4.2 In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 1.4.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Successful Proposer agrees to comply with Florida's Public Records Law, including the following: Successful Proposer shall keep and maintain public records required by the City to perform the services; 2. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Successful Proposer does not transfer the records to the City; 4. Upon completion (or earlier termination) of the contract, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the contract, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the contract, Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 10 S. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein. 6. IF SUCCESSUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUCCESSFUL PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-274-8351, COTPurchasing@TAMPAGOV.NET, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FLORIDA 33602. Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under Section II. General Conditions, Section 3. Content of Proposal, Tab 2. 1.5 City Of Tampa Ethics Code. The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522) Moreover, each Proposer responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa's municipal codes published online by the Municipal Code Corporation at the website link htti)s://www.municode.com/library/fl/tami)a/codes/code of ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 1.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer's expense for immediate replacement. 1.7 Copyrights and Patent Rights. Proposer warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Proposal, and Successful Proposer agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of work. 1.8 Procurement Protest Procedures. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City's intent to award and may be filed by an actual Proposer or 11 proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission. 1.9 WMBE Participation. The City of Tampa administers the Women/Minority Business Enterprise (WMBE) Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the City's Certified WMBE Companies, visit the Minority and Small Business Development Offices website at http://www.tampagov.net/minority-business-development . Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names. If you need further assistance, please contact the Minority and Small Business Development Office at (813) 274- 5512. NOTE: In accordance with the Equal Business Opportunity Ordinance 2008-89, The City of Tampa's WMBE policies are narrowly -tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form 70 to identify underutilized WMBEs by Industry Category and Section 4. Evaluation of Proposals for the WMBE Participation scoring criteria for this REP. For this RFP the underutilized WMBE Industry Category is "Construction and Construction -Related Services". 1.10 SLBE Participation. In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City's Certified SLBE Companies, visit the Minority and Small Business Development Offices website at htti)://www.tami)agov.net/minority-business-development. Under programs and Services select WMBE and SLBE Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names. If you need further assistance, please contact the Minority and Small Business Development Office at (813) 274-5512. NOTE: In accordance with the Equal Business Opportunity Ordinance 2008-89, SLBE vendors are eligible for weighted points in the selection process. Refer to Section 4. Evaluation of Proposals for the SLBE participation scoring criteria for this RFP. For additional information contact the Minority Business Development Office at 8131274-5543 or 8131274-5512. http.,Ilhttp.,Ilwww.tampagov.net/minority-business-development 1.11 Incurred Expenses. The City is not responsible for any expenses which Proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs associated with travel, accommodations, interviews or presentations of proposals. 1.12 Proposals Binding. All proposals submitted shall be binding for 180 calendar days following the opening. 1.13 Non -Discrimination in Contracting and Employment. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa (City). The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color 12 national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Successful Proposer's employees or applicants for employment. The Successful Proposer understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered material breach of this Contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. The Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Contract. The Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No. 2008-89. " 1.14 Proposer's Criminal History Screening Practices. Per City of Tampa Code of Ordinances, Section 2- 284, Bidder(s) shall perform criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link.https://www.municode.com/libra[y/fl/tampa/codes/code of ordinances. 1.15 Equal Opportunity. The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, sex, or national origin. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap. 1.16 Governing Law/Venue. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 1.17 Compliance with Laws. The Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, Hillsborough County, and the City of Tampa. It shall be the responsibility of the Successful Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract. 1.18 Force Majeure. Neither the City nor Successful Proposer shall be deemed in default with respect to the performance of, or compliance with the terms, covenants, agreements, conditions, or provisos of the Agreement, if the failure to perform or comply shall be due to any strike, lockout, civil commotion, invasion, rebellion, hostilities, sabotage, acts of God or causes otherwise beyond the control of the City or Successful Proposer. 1.19 Survival. Provisions in regards to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract. 1.20 Conflict of Interest. The City requires that the Proposers provide professional, objective, and impartial advice and at all times hold the City's interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Proposers have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Proposer shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Proposer or the termination of its Contract. Any such interests on the part of the Proposer or their employees, must be disclosed in writing to the City under Section II. General Conditions, Section 3. Content of Proposals, Tab 4. Section I. Scope of Services. Also, the Proposer is aware of the conflict of interest laws of the State of Florida, and agrees that they shall fully comply in all respects with the terms of said law. 13 Any proposer awarded this Contract for consulting services shall be disqualified from subsequently providing goods or services resulting from or directly related to the Proposer's consulting services under this Contract. 1.21 Audit Rights. During the term of this agreement including any renewal or extension hereof, and for a period of three (3) years thereafter, or for such longer period of time as may be required by applicable federal regulations and negotiated with the Successful Proposer the City or a representative of the City shall have the right, within two (2) weeks written notice to the Successful Proposer, to inspect and audit all of its' books of account, records, and other documents, pertaining to payments made or to be made pursuant to this Agreement and the Successful Proposer shall make all such records, books, and other documents available at the place where these books and records are normally maintained; provided, that all such inspections and audits shall be conducted during regular business hours. These records will be open to inspection and subject to audit and/or reproduction by the City or its representative within then (10) workings days of written notice by the City. There will be an administrative fee of $100.00 per day, per requested item for records that are received after the initial ten (10) working day period. The Successful Proposer shall provide adequate work space and access to office equipment (copier and fax machines) at no charge if such inspections are required at the Successful Proposer's office. The Successful Proposer shall allow the City or their representative to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. Books of account and records as referred to in the Agreement shall include any and all information, materials, and data of every kind and character, including without limitation, financial statements, general ledgers, job cost reports, accounts payable, accounts receivable, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, subcontract files, commitments, arrangements, notes, daily diaries, project manager reports, drawings, receipts, vouchers and memoranda, written policies, time sheets, payroll registers, cancelled checks, original estimates, estimating work sheets, change order files, back charge logs and supporting documentation, trade discounts, insurance rebates and any and all other agreements or documents that may in the City's judgment have a bearing on or pertain to any matters, rights, duties or obligations under or covered by this Agreement. Such records subject to inspection shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Agreement. Such records shall be made available in hard copy as well as electronically (computer readable data) when available. The Successful Proposer shall require all payees (examples include, but are not limited to, Sub -Contractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Section by insertion of these requirements in any contract between the Successful Proposer and payee. Such requirements to include flow -down right or audit provision in contracts with payees will also apply to Sub -Contractors, sub -Sub -Contractors, material suppliers, etc. The Successful Proposer will cooperate fully and will cause all related parties and all of the Successful Proposer's Sub - Contractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or making available to the City all required records. The Successful Proposer shall be held responsible for any financial impacts relating to payees who do not comply with this Section. If an audit inspection in accordance with this Section discloses overpricing or overcharges (of any nature) by the Successful Proposer to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Audit department shall be reimbursed to the City by the Successful Proposer and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Successful Proposer within a reasonable amount of time (not to exceed 45 days) from presentation of City's findings to the Successful Proposer. 1.22 Scrutinized Companies. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more. Successful Proposer certifies that Successful Proposer is not in violation of Section 287.135, Florida Statutes. 14 For Contracts $1,000,000 and greater, if the City determines the Successful Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Successful Proposer has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the Contract after it has given the Successful Proposer notice and an opportunity to demonstrate the City's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. 1.23 Deviations. Proposals should clearly and with specificity detail all deviations to the requirements, terms and conditions set forth in this Request for Proposal. Such deviations must be stated within Section II. General Information, Section 3. Content of Proposals, Tab 9. Deviations to the RFP. Proposers are hereby advised that in instances where a deviation is stated and/or is otherwise found in Proposer's Proposal, said Proposal will be subject to rejection by the City in recognition of the fact that said Proposal does not meet the requirements imposed by this RFP and/or if such deviation is considered material in nature, in the sole discretion of the City. For informational purposes only, a deviation is considered material if (a) the deviation deprives the City of their assurance that the anticipated contract will be entered into, performed and guaranteed according to this RFP's specific requirements, or (b) the deviation provides the deviating Proposer with an undue competitive advantage over the other Proposers. A Proposal may not be subject to rejection where, at the sole discretion of the City, the stated deviation is considered to be equal or better than the imposed requirement, and where said deviation does not destroy the competitive character of the RFP process by affecting the Proposal such that an advantage or benefit is gained to the detriment of the other Proposers. Proposers are strongly cautioned against taking deviations to the requirements, terms and conditions set forth in this RFP. 1.24 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statues, social security numbers collected from bidders are used for identification, verification, and tax reporting purposes. 1.25 Indemnification. Successful Proposer releases and agrees to defend, indemnify and hold harmless the City, its officers, elected and appointed officials, employees, and/or agents (collectively, "City Indemnified Parties' from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (including without limitation attorneys' fees, professional fees, or other expenses) of every kind and character arising out of any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character cause by or resulting from, directly or indirectly, in whole or in part, by any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Successful Proposer or any tier of subcontractor/subconsultant/ supplier, agent, employee, or anyone for whom Successful Proposer may be liable, in connection with, arising directly or indirectly out of the execution or performance of the obligations assumed under or incidental to this Contract hereof (singularly or collectively 'Claims', even if it is alleged that the City Indemnified Parties were negligent, unless such injuries or damages are ultimately proven to be solely the result of grossly negligent or willful acts or omissions on the part of the City Indemnified Parties. Without limiting the generality of the foregoing, any and all such Claims, including but not limited to personal injury, disease, sickness, death, damage to property, natural resources, or the environment (including destruction or loss of use, costs of hazardous or toxic substance cleanup and disposal), defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of common law, any applicable law, statute, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder and, to the extent required, the defined term "Claims". Successful Proposer further agrees to investigate, handle, respond to, provide defense (including without limitation attorney fees, paralegal fees, and expert fees to and through appellate, supplemental, or bankruptcy proceedings) for and defend any such Claim at its sole cost and expense through counsel approved in writing by the City and agrees to bear all other costs and expenses related thereto, even if the Claims are groundless, false, or fraudulent. Successful Proposer shall advance or promptly reimburse to a City Indemnified Party any and all costs and expenses incurred by such City Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the City Indemnified Party is entitled to indemnification hereunder. This obligation shall in no way be limited in any nature whatsoever by any limitation on the amount or type of Successful Proposer's insurance coverage. The parties agree that to the extent the written terms of this indemnification are deemed by a court of competent jurisdiction to be in conflict with any provisions of Florida law, in particular Sections 725.06 and 725.08, Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in fully and complete compliance with all such laws and to contain such limiting conditions or limitations of liability, or to not contain any unenforceable or prohibited term or terms, such that this indemnification shall be enforceable in accordance with and to the maximum extent permitted by Florida law. Further, whenever there appears in 15 this Contract (or any other documents made a part hereof) an indemnification within the purview of Section 725.06, Florida Statutes, the monetary limitation on the extent of the indemnification under such provision shall be $1 Million Dollars or a sum equal to the total contract price, service cost, or project value whichever is greater. The obligation of Successful Proposer under this Section is absolute and unconditional; it is not conditioned in any way on any attempt by a City Indemnified Party to collect from an insurer any amount under a liability insurance policy, and is not subject to any set-off, defense, deduction, or counterclaim that the Contactor might have against the City Indemnified Party. The duty to defend hereunder is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of Successful Proposer, the City, and any City Indemnified Party. The duty to defend arises immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Successful Proposer. Successful Proposer's defense and indemnity obligations hereunder will survive the expiration or earlier termination of this Contract. Successful Proposer agrees and recognizes that the City Indemnified Parties shall not be held liable or responsible for any Claims which may result from any actions or omissions of Successful Proposer in which the City Indemnified Parties participated either through providing data or advice and/or review or concurrence of Successful Proposer's actions. In reviewing, approving or rejecting any submissions by Successful Proposer or other acts of Successful Proposer, the City in no way assumes or shares any responsibility or liability of Successful Proposer or any tier of subcontractor/subconsultant/supplier, under this Contract. In the event the law is construed to require a specific consideration for such indemnification, the parties agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnification and the providing of such indemnification is deemed to be part of the specifications with respect to the services provided by Successful Proposer. 1.26 EXEMPT INFORMATION. As part of the services performed by Successful Proposer under this contract, the City may provide Successful Proposer with certain building plans, blueprints, schematic drawings and diagrams, including draft and final formats, that depict the internal layout and structural elements of a City building or facility ("Exempt Plans'. Successful Proposer acknowledges that the Exempt Plans are exempt from disclosure under Section 119.071(3)(b), Florida Statutes. Successful Proposer agrees that Successful Proposer shall maintain the exempt status of the Exempt Plans and shall ensure that Successful Proposer's officers, employees, agents and all tiers of subcontractor also maintain the exempt status of the Exempt Plans. All copies of Exempt Plans provided to Successful Proposer by City shall be returned by Successful Proposer to the City upon completion (or early termination) of any given Work Order under this contract. 1.27 TAMPA PORT ACCESS. All personnel assigned to provide this service or required to deliver goods to the Port of Tampa, if applicable in this Contract, shall obtain a Port Pass. To obtain this port pass will require each employee to have a valid photo ID. It is the responsibility of the Successful Proposer to obtain Port Passes before work begins or prior to delivery. Each employee shall display the identification card on outer apparel at all times when on the AWT Plant site. Any person found on the site without the required identification card will be directed to leave the site immediately. The time and cost associated with acquiring this ID shall be the Successful Proposer's responsibility. Documentation, pricing and other information related to the access requirements for the Port of Tampa can be found at: http://www.tampaport.com/Port-Operations/Security. 1.28 EMPLOYEE VERIFICATION. Awardee must utilize the U.S. Department of Homeland Security's E- Verify Systems to verify the employment eligibility of all persons employed during the term of the award to perform employment duties within the State of Florida and all persons, including subcontractors, assigned by Awardee to perform work pursuant to the award. 2. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS 2.1 To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal process shall be addressed to the City during the pre -proposal conference, or questions can be submitted via email ten days prior to the RFP opening date and time. 2.2 Communication Policy. During any solicitation period, including any protest and/or appeal, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of 16 Purchasing or the legal department is permitted from any proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. 3. CONTENT OF PROPOSALS 3.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. Failure to follow these instructions could result in your proposal being disqualified. 3.2 The Proposer shall provide the following: One (1) original proposal marked "ORIGINAL". The original proposal is the City's official record and recording of the proposal being submitted and one (1) electronic copy on CD, DVD or USB Drive. The proposal shall be one (1) PDF document. The CD, DVD or USB Drive is a supplement and will not be reviewed for compliance. Six (6) complete copies of the proposal marked "COPY" will be for the Evaluation Committee Members. One (1) redacted copy of the proposal marked "REDACTED". If applicable, provide one redacted copy of the proposal with the original following the instructions stated under Section II. General Conditions, Section 1. General Information, Subsection 1.4 Florida Public Records Law. In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized and fasten or bound in the following manner and identified with tabs: • Title Page. Type the name of Proposer's agency/firm, address, telephone number, name of contact person, email address, date, and the title of the RFP. • Table of Contents. Include a clear identification of the written material by section and by page number. • Proposal Submittal Check List. Complete and submit Attachment A. for compliance of certain requirements identified in the RFP package. • Tab 1. Addenda. Include a copy of the addendum, or addenda associated with the RFP, if applicable. Incomplete proposals will not be considered. • Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 1.4. • Tab 3. Response to Proposal. Specifically state the Proposer's understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. • Tab 4. Section I, Scope of Services. Include all the requirements and/or documentation requested under Section I. Scope of Services, Section 4 Proposer Submittals. Successful Proposer's proposed scope of work should state in detail how it will carry out each task, including the personnel/job titles responsible for completing the task. For each service specified, the Successful Proposer should include criteria to determine when the tasks comprising the service are satisfactorily completed. Successful Proposer may propose additional or revised tasks and activities, but should explain why each is necessary to achieve the project objectives. Tab S. References. Include a reference list of at least three clients to whom the Proposer has provided services similar to those being proposed to the City. This list will include the following information: • Name of Client • Date of Services 17 • Address • Contact Person • Telephone Number • Email Address Tab 6. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess an experience similar to the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award. • Tab 7. Operational Plan. Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City in evaluating the proposed method of operation. • Tab S. Sub -Contracting Forms. Under Section IV. Sub -Contracting Forms and Payment Form, the following forms must be filled out and submitted: Schedule of All Sub-Contractors/Consultants/Suppliers Solicited MBD 10 Schedule of All Sub-Contractors/Consultants/Suppliers to be Utilized MBD 20 These forms must be completed (including signatures) and submitted with all bids or proposals. Submittals that do not contain these completed forms shall be deemed 1A non- responsive". Instructions on completing the forms are included after each form in this bid package. Tab 9. Deviations to the RFP. Proposer should clearly and with specificity detail all deviations to the requirements, terms and conditions set forth in this Request for Proposals (RFP). Proposers are hereby advised that in instances where a deviation is stated and/or is otherwise found in Proposer's Proposal, said Proposal will be subject to rejection by the City in recognition of the fact that said Proposal does not meet the requirements imposed by this RFP and/or if such deviation is considered material in nature, in the sole discretion of the City. Failure by a Proposer to state in writing any deviations to this RFP shall be considered as acceptance by the Proposer of the requirements, terms and conditions as stated in the RFP. Tab 10. Compensation. Submit an all-inclusive cost statement. Provide a detailed cost statement for providing the services indicated in Section I. Scope of Services. Itemize fees, expenses and any optional costs separately. Successful Proposer's fees shall be firm and fixed for the entire term of the contract including any renewals or extensions. Fees shall be all inclusive, no other costs shall be allowed other than stated in the response. Based on the required services stated in this RFQ, provide a cost breakdown of rates for the each of the following respective tiers: Tier 1: • Program Development • Document Preparation • Procurement Support • Automated Job Order Contracting System • Training • Technical Support • Employees Tier 2: • Facilitation Support — Scope and Price Proposals Tier 3: • Services During Construction Include any other fees associated with any related services not specified within the requirements stated in this RFQ including a detailed scope of service. Tab 11. Proposer's Affirmation. Complete, submit and have notarized the Proposer's Affirmation form provided in the RFP Package. This form must be signed by an authorized representative of the firm as defined below. Tab 12. Proposal Signature Form. Complete and submit the Proposal Signature form and Requested Voluntary Information Regarding Proposer's Initial Employment Application Content form provided in the RFP Package. These forms must be signed by an authorized representative of the firm as defined below: When the Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority. When the Proposer is a partnership, the proposal shall be signed in the name of the partnership by a general partner or other person duly authorized to bind the partnership. The capacity and authority of the person signing shall also be given. When the Proposer is an individual or sole proprietorship, the proposal shall be signed by the individual owner, stating name and style under which the Proposer is doing business. If the Proposer is doing business under a fictitious name, the Proposer must submit a copy of Certificate of Registration with the Florida Secretary of State. When the Proposer is a joint venture, each joint venturer must sign the proposal as hereinabove indicated. NOTE: Failure to submit the Proposal Signature Form executed or failure to submit the Proposal Signature Form in the proposal package will result in the proposal being non -responsive. NO EXCEPTIONS. 4. EVALUATION OF PROPOSALS 4.1 The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner. A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed below. EVALUATION CRITERIA Cost to the City Firm's Experience and Qualifications Personnel Responsiveness to the Scope of Services WMBE/SLBE Participation TOTAL POINTS MAXIMUM POINT VALUES 10 points 35 points 20 points 25 points 10 points 100 points 19 4.2 Application of WMBE and SLBE Evaluation Points. During the evaluation of proposals for WMBE and SLBE participation, the Minority and Small Business Development Office will be responsible for assigning the points under this criteria. WMBE and SLBE points will be determined as follows: 1. A maximum of ten (10) rating points may be awarded when the Proposer is a City of Tampa certified WMBE Company participating as the prime contractor deemed underutilized within the industry category established by the RFP ('Construction" and "Construction -Related" Services"). 2. A maximum of five (5) rating points may be awarded when the Proposer is a City of Tampa certified SLBE business participating as the prime contractor; or, 3. One to Seven (1-7) rating points may be awarded when the Proposer is not a City of Tampa certified SLBE prime contractor or a non -underutilized WMBE company but utilizes WMBE and/or SLBE certified firm(s) as Sub-contractors/consultants, and assigned to perform meaningful segments of the contractual services detailed herein and documented on the enclosed MBD Form 10-20 (4 pages total). NOTE: The maximum number of points achievable for WMBE and/or SLBE participation will not exceed a total of 10 points. The evaluation includes but is not limited to the following criteria: Diversity of WMBE/SLBE subcontractors listed to be utilized (MBD Form 20) Percentage of proposal/scope committed to WMBE/SLBE subcontracting The collective factors in determining the total points awarded will be based on the overall weight of evidence in the proposal that specified the participation. In all cases, the Proposer and/or subcontractor(s) must be WMBE and/or SLBE certified prior to the opening date and time of the RFP to be eligible to earn WMBE/SLBE rating points. As proof of certification, include copies of all WMBE and SLBE certificates in the proposal. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa's Minority and Small Business Department Office. The Successful Proposer will be required to execute MBD Form 40 (Letter of Intent-LOI) with their subcontractors/sub-consultants prior to award. 4.3 Proposals will be evaluated and rated based on the criteria stated in this RFP, including but not limited to the following: services. 4.3.1 Responsiveness of the Proposal to the scope of work. 4.3.2 Ability, capacity, and skill of the Proposer to perform the scope of work. 4.3.3 Experience of the business and individual members of the business in accomplishing similar 4.3.4 Responses of the client references. 4.3.5 Such other information that may be required or secured. 4.4 SHORT- LISTING The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in interviews and/or presentations, demonstrations or product testing. Upon conclusion of any interviews and/or presentations, demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria. 4.5 INTERVIEWS/DEMONSTRATIONS If requested, Proposers may be required to participate in on -site interviews and conduct demonstrations to the City's Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the 20 Proposer's proposed solution. Additionally, the Proposer's key personnel may be required to be in attendance during this process. Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the Evaluation Committee. Notwithstanding the possibility of a request for an on -site interview and demonstrations, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the interviews and the oral demonstrations are the responsibility of the Proposer. 4.5 The City reserves the following rights to: 4.5.1 Conduct pre -award discussion and/or pre-award/contract negotiations with any or all responsive and responsible Proposers who submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by the Tampa Police Department or any other law enforcement agency. 4.5.2 Request that Proposer(s) modify its proposal to more fully meet the needs of the City or to furnish additional information as the City may reasonably require. 4.5.3 Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions may be permitted after submission of proposals and prior to award. 4.5.4 Negotiate any modifications to a proposal that it deems acceptable, waive minor irregularities in the procedures, and reject any and all proposals. 4.5.5 Process the selection of the Successful Proposer without further discussion. 4.5.6 Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do so. The City shall be the sole judge of Proposers' qualifications and reserves the right to verify all information submitted by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City. 4.6 Financial Statements. The City reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract. S. ADDITIONAL CONTRACT TERMS 5.1 Basis of Award. A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best degree. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. Prior to award resulting from this solicitation, the Successful Proposer shall be registered to transact business in the State of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the proposal. Any Proposer who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. 21 5.2 Award/Contract Term. The period of the contract shall be for two (2) years from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for three (3) additional one- year periods. 5.2.1 Supplemental Unilateral Renewal Periods. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City's intent to renew shall be provided by the City in writing to the Successful Proposer prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 5.3 Non -Appropriation Of Funds. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful Proposal in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 5.4 Award Termination. When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means: 10-day written notice with cause; or 30-day written notice without cause. 5.5 Addition/Deletion. The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the best interest of the City. 5.6 Proposal Prices. Prices quoted in the proposal shall include any and all shipping costs, shipped F.O.B. Tampa, FL, or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the contract shall be paid by the Successful Proposer and shall be deemed to be included in the proposal. The laws of the State of Florida provide that sales tax and use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the Successful Proposer and shall be deemed to have been included in the proposal. The City is exempt from all State and Federal sales, use and transportation taxes. Proposal prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Successful Proposer shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Successful Proposal, the City and any indemnified party. This provision shall survive the termination of this contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. 5.7 Government Purchasing Council. Hillsborough County Government Purchasing Council members may, at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document. 5.8 Use of State Contract, GPC, Or Cooperative Purchasing Bids. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. 5.9 Laws, Codes and Ordinances. The Successful Bidder/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid/proposal. 22 5.10 Payment. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Local Prompt Payment Act. Bidders that accept Visa/Mastercard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at acctspayable@tampagov.net. 5.11 Minimum Wage Amendment. The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. The rate of wages for all persons employed by the Successful Proposer on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996. 5.12 Invoicing. The Successful Proposer shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal itemizing parts, labor hours, materials, etc. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • City work order number (if applicable); • Purchase order number; • Location and dates of work; • Cost of work as stated on Bid Response and extended price to reflect total cost for number of times work was performed. At the time of submission of its invoices, the Successful Proposer shall submit to the City a report on Form MBD- 30, "DMI-Payments" of all sub -contracted amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Successful Proposer uses any WMBE and/or SLBE sub -contractors, the Successful Proposer shall provide form MBD-40 "Letter of Intent" (LOI) for all WMBE and/or SLBE sub -contractors the Successful Proposer intends to utilize. • Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments • Form MBD-40 Letter of Intent (LOI) 5.13 Award Changes. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa. 5.14 Assignment. This contract, and all rights or obligations hereunder, shall not be assigned, transferred, or delegated in whole or in part, including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of the Successful Proposer, or any other assignment, transfer, or delegation of rights or obligations, without the prior written consent of the City. Successful Proposer shall provide written notice to the City within fifteen (15) calendar days of any action or occurrence assigning the contract or any rights or obligations hereunder as described in this section. In the event the City does not consent to the assignment, as determined in its sole discretion, the purported assignment in violation of this section shall be null and void, and the City may elect to terminate this contract by providing written notice of its election to terminate pursuant to this provision upon fifteen (15) days' notice to the Successful Proposer. Action by the City awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this contract. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Successful Proposer's) to a governmental successor of the City. In the event of such approved Sub -Contracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached Schedule of Sub -Contracting forms, with the proposal response. • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 23 These forms must be completed (including signaturesl and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed "non -responsive". Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer. 5.15 Default/Re-award. Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event a contract is cancelled because of the default of the Successful Proposer, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next best Proposer and establish the period of such award, provided such period is no longer than the award period set forth in this specification. 5.16 Convicted Vendor List (Public Entity Crime). 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 bid 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 for Category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)] 6. INSURANCE REQUIREMENTS This award/contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this bid document which should be reviewed for complete insurance details and coverage requirements. Without limiting Exhibit 1, including Successful Proposer's responsibility to determine applicability (e.g. "IF APPLICABLE', for purposes of this award the following coverages are hereby specifically deemed "ALWAYS APPLICABLE" (alpha designations match those of Exhibit 1): a. Commercial General Liability (CGL) Insurance Limits shall not be less than: (a) $1,000,000 per occurrence and a $2,000,000 general aggregate for awards valued at $2,000,000 or less. (b) For awards valued over $2,000,000, a general aggregate limit that equals or exceeds the award's value. b. Automobile Liability (AL) Insurance Limits shall not be less than: (a) 500,000 combined single limit each occurrence bodily injury & property damage for awards valued at $100,000 or less. (b) $1,000,000 combined single limit each occurrence bodily injury & property damage for awards valued over $100,000. 24 c. Worker's Compensation (WQ and Employer's Liability Insurance Employer's Liability limits shall not be less than: (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued at $100,000 and under. (b) $1,000,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for awards valued over $100,000. d. Excess (Umbrellal Liability Insurance For awards valued at $2,000,000 or more, at least $4,000,000 per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed. May also compensate for a deficiency in Commercial General Liability, Automobile Liability or Worker's Compensation insurance coverage limits. e. Professional or Errors and Omission Liability on an occurrence or claims made form, coverage shall cover any act or omission in the rendering of professional services pursuant to the award/contract. $2,000,000 per Claim/Incident Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than a A.M. Best rating of no less than A-, Class VII, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. Within ten working days of receipt of notification of intent to award, the successful Bidder/Proposer shall provide the City of Tampa Purchasing Department the required insurance on the Acord 25 Certificate of Insurance form (or its equivalent). Failure to furnish by the 10th working day may disqualify Bidder/Proposer as non -responsible, unless the due date is extended by the Director of Purchasing or his Designee. The City of Tampa may from time to time use a third party vendor (presently Ebix BPO) to manage its insurance certificates and related documentation which vendor may periodically initiate contact, requests for information, etc. on the City's behalf. Note: All claims made forms must provide retroactive date information for all policies. End of Section II 25 SECTION III. PROPOSER'S AFFIDAVIT AND PROPOSAL SIGNATURE FORMS PROPOSER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Proposer in the matter at hand, as follows: 1. That the Proposer, if a natural person, is of lawful age. 2. That if the Proposer is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Proposer is operating under a fictitious name, Proposer has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Proposer has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Proposer has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. S. In the event that the City determines that the Proposer has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Proposer. The contract let under such circumstances shall be deemed invalid. 6. That the Proposer is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida. 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Proposer; nor does the Proposer know of any City officer or employee having any financial interest in assisting the Proposer to obtain, or in any other way effecting, the award of the contract to this Proposer. 8. That, by submitting this bid, the Proposer certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid for a Contract $1,000,000 and greater, Bidder certifies that the Contractor is not on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria. 26 FURTHER AFFIANT SAYETH NOT. Proposer: Complete the applicable Acknowledgement for An Individual Acting In His Own Right, A Partnership or A :-orooration. accoraino to vour rirm FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT State of _ County of The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20_, by who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public State of _ County of Signature of Affiant Printed or typed name of Affiant FOR A PARTNERSHIP The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20 , by , who is a partner on behalf of , a partnership. He/She is personally known to me or has produced identification and did (did not) take an oath. Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Signature of Affiant Printed or typed name of Affiant 27 FOR A CORPORATION State of _ County of The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20 by l who (Title) (Corporation Name) a corporation under the laws of the State of , on behalf of the said corporation. He/She is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Signature of Affiant Printed or typed name of Affiant KIM PROPOSAL SIGNATURE FORM FOR JOB ORDER CONTRACTING CONSULTING SERVICES In compliance with this RFP and to all the conditions imposed herein, the undersigned offers and agrees to provide RFP# 41111317 JOB ORDER CONTRACTING CONSULTING SERVICES, in accordance with the attached signed proposal, or as mutually agreed upon by subsequent negotiation. This completed Proposal Signature form must be submitted with the Proposer's written proposal and will become a part of any agreement that may be awarded. This Proposal Signature Form must be signed by an authorized representative as defined in Section II. General Conditions, Subsection 3. Content of Proposal of this RFP. If the Proposal Signature Form is not signed by an authorized representative or submitted with the proposal, the proposal is considered non -responsive. Please type or print: Name of Firm: Address: City: Contact Person: Federal ID #.: State: Zip: Title: Telephone No.: Email: Type Organization: [ ] Individual [ ] Small Business [ ] Non -Profit [ ]Partnership [ ] Corporation [ ] Joint Venture Attach copies of all such licenses, permits or certificates issued to the business entity. Business is licensed, (unless exempt by applicable law) permitted or certified to do business in the State of Florida: [ ] Yes [ ] No. License # Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business (WMBE) or small business enterprise (SLBE) with any government agency? [ ] Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this Proposal Signature Form, the Proposer complies with all of the requirements of the RFP package including but not limited to Communication Policy and City of Tampa Ethics Code contained in SECTION II. GENERAL CONDITIONS. NOTE: When Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority. Authorized Signature: End of Section III Date: 29 SECTION IV. SUB -CONTRACTING FORMS AND PAYMENT FORM -DON Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 17-P-00681 Contract Name: Job Order Contracting Consulting Services RFP #41111317 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 =Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HIM = Hispanic AF AM = Asian Am. NF NM =Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax - — EEmail P=Phone Quote or Response Received YIN Federal ID I I I I ' I It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub —contracting opportunities on this contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid / Proposal MBD 10 rev./effective 02/2016 30 Page 2 of 4 — DMI Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form (Form MBD-l0) This form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self -perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. No Firms were contacted or solicited for this contract. Checking the box indicates that a pre -determined Subcontract Goal or Participation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self -perform all work. If during the performance of the contract you employ subcontractors, the City must pre -approve subcontractors. Use of the "Sub-(Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors. No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form-10 included. The following instructions are for information of any and all subcontractors solicited. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as either Women/Minority Business Enterprise; "O" = Non -certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka "National Institute of Governmental Purchasing" are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec'd (received) Y/N. Indicate "Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. If additional information is required or you have questions, please contact the Equal Business Opportunity Program - Minority and Small Business Development Office at (813) 274-5522. 31 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 17-P-00681 Contract Name: Job Order Contracting Consulting Services RFP #41111317 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 &----Enter "S" for firms Certified as Small Local Business Enterprises, "W" for firms Certified as Women/Minority Business Enterprise, "0" for Other Non -Certified S = SLBE W=WMBE 0 =Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (L01) if available Percent of Scope or Contract % Federal ID Total ALL Subcontract / Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. % It is hereby certified that the following information is a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid / Proposal MBD 20 rev./effective 02/2016 32 I* Page 4 of 4 DMI — Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) This form must he suhinitted with all bids or proposals. All subcontractors (rezardless of ownership or size) projected to be utilized must be included on this form. Note: Ability or desire to self -perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. Email. Provide email address for electronic correspondence. No Subcontracting/consulting (of any kind) will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City, but will self -perform all work. When subcontractors are utilized during the performance of the contract, the "Sub-(Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. No Firms listed To -Be -Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-50) and supporting documentation must accompany the bid. See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. The following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as Women/Minority Business Enterprise; "O" = Non -certified others. Company Name, Address, Phone & Fax. Provide company information for verification of payments. Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampacov.net/mbd "Information Resources". Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e. Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. Total Subcontract/Supplier Utilization. — Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. If additional information is required or you have questions, please contact the Equal Business Opportunity Program - Minority and Small Business Development Office at (813) 274-5522. 33 1011)(1 City of Tampa — DMI Sub-(Contractors/Consultants/Suppliers) Payments [ ] Partial [ ] Final (FORM MBD-30) Contract No.: 17-P-00681 WO#,(if any): Contract Name: Job Order Contracting Consulting Services RFP #41111317 Contractor Name: Address: Federal ID: Phone: Fax: Email: GC Pay Period Payment Request/Invoice Number: City Department: Total Amount Requested for pay period: $ Total Contract Amount (including change orders):$ Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am., NF NM Native Am., CF CM = Caucasian S = SLBE Type Company Name Address Phone & Fax Total Sub Contract Or PO Amount Amount Paid To Date Amount To Be paid For This Period Trade/Work / Ace []Sub []Supplier Amount Pending Previously Reported Sub Pay Period Ending Date Federal ID (Modifying This Form or Failure to Complete and Sign May Result in Non -Compliance) Certification: I hereby certify that the above information is a true and accurate account of payments to sub — contractors/consultants on this contract. Signed: Name/Title: Date: DMI form 30 (rev. 10/01/12) Note: Detailed Instructions for completing this form are on the next page 34 ~� Instructions for completing The DMI Sub-(Contractors/Consultants/ Suppliers) Payment Form (Form MBD-30) This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, "Waiver and Release of Lien upon Progress Payment", "Affidavit of Contractor in Connection with Final Payment", or an affidavit of payment must be submitted with the amount paid for the pay period. The following will detail what data is required for this form. The instnuctions that follow correspond to the headings on the form required to be completed. (Modifying or omitted information from this form my result in non-compliance). • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • W.O.# If the report covers a work order number (W.O.#) for the contract, please indicate it in that space. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business. • Address. The physical address of your business. • Federal ID. A number assigned to a business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/13 — 05/31/13) • Payment Request/Invoice Number. Provide sequence number- for payment requests. (ex. Payment one, write 1 in space, payment three, write 3 in space provided.) • City Department. The City of Tampa department to which the contract pertains. • Total Amount Requested for pay period. Provide all dollars you are expecting to receive for the pay period. • Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. • Signed/Name/Title/Date. This is your certification that the information provided on the form is accurate. • See attached documents. Check if you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. • Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. • Final Payment. Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. • (Type) of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE. • Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. • SubContractor/SubConsultant/Supplier. Please indicate status of firm on this contract. • Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Total Subcontract Amount. Provide total amount of subcontract for subcontractor including change orders. • Amount Paid To Date. Indicate all dollars paid to date for the subcontractor. • Amount Pending, Previously Reported. Indicate any amount previously reported that payments are pending. • Amount To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period. • Sub Pay Period Ending Date. Provide date for which subcontractor invoiced performed work. Forms must he signed and dated or will he considered incomplete. The company authorized representative must sign and certify the is formation is true and accurate. Failure to sign this document or return the document unsigned can he cause for determining a company is in non-compliance of Ordinance 2008-89. If any additional information is required or you have any questions, you may call the Minority Business Development Office at (813) 274-5522. 35 City of Tampa Official Letter of Intent (Form MBD-40) A Letter of Intent is required for each WMBE/SLBE listed on the Schedule of Subcontractors to be Utilized (MBD 20 Form). Letter of Intent must be signed by both the Bidder/Service Provider and WMBE/SLBE film. Bid/Proposal/Contract Number: Bid/Proposal/Contract Name: A. To be completed by the Bidder/Service Provider Name of Bidder: Address: Contact Person: Telephone: Email: B. To be completed by WMBE/SLBE Name of WMBE/SLBE: Address: Contact Person: Telephone: Email: Fax: Fax: C. Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids, identify to which bid line item the WMBE/SLBE's work scope or supply corresponds: D. Cost of work to be performed by WMBE/SLBE: E. Cost of work to be performed by WMBE/SLBE as a percent of total City contract amount:$ Bidder/Proposer certifies that it intends to utilize the WMBE/SLBE listed above, and that the work described above is accurate. Bidder/Proposer will provide City with copy of the related subcontract agreement and/or purchase order prior to commencement of the WMBE/SLBE's work. The WMBE/SLBE firm certifies that it has agreed to provide such work/supplies for the amount stated above. Bidder/Proposer: Date: Signature and Title WMBE/SLBE Signature and Title Rev. 10/12/12 MBD 40 Date: 36 Official Letter of Intent Instructions City of Tampa Equal Business Opportunity Program The Official Letter of Intent must be submitted to the soliciting department within ten (10) work days of the bid opening, prior to award. Not providing all letters of intent within the prescribed time frame may be cause to delay award or declare the bid to be non -responsive. Bid/Proposal/Contract Number- Please provide bid/proposal/contract number provided by City of Tampa procuring department. Bid/Proposal/Contract Name — Please provide bid/proposal/contract name provided by City of Tampa procuring department. To be Completed by the Bidder/Service Provide — Please provide prime contractor or main bidders detailed company information as indicated. To be completed by the WMBE/SLBE — Please provide WMBE/SLBE subcontractor detailed company information as indicated. Bidder is to Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids identify, which bid line item the WMBE/SLBE's scope of work or supply corresponds — Please provide details of the services or supplies the WMBE/SLBE will provide. Cost of work to be performed by WMBE/SLBE — Provide agreed upon estimate of work or supplies total price (Unit prices are accepted if specific quantities have yet to be determined). Bidder/Proposer — Signature of authorized agent for the prime contractor or main bidder with date signed. WMBE/SLBE firm — Signature of authorized agent for the WMBE/SLBE subcontractor or supplier with date signed. Contract Confirmation — A copy of the executed subcontract agreement and/or purchase order with the WMBE/SLBE must be filed with the City of Tampa immediately upon execution and/or prior to commencement of work by WMBE/SLBE. 37 Page I of 1 Procurement Guidelines To Implement Minority•SmallBusiness Underutilized WMBE Primes by industry Category Construction Construction- Related Professional Non -Professional Gc Black Asian Black Black BI Hispanic • Native Am. Hispanic Asian His Native Am. Woman Asian Native Am. A: Woman Native Am. NaO Woman We Underutilized W M B E Sub -Contractors / Sub -Consultants Construction Construction- Related Professional Non-Professionai GC Black Black Black Black BI • Asian Hispanic Asian A! Native Am. Asian Native Am. Nati, Woman Native Am. We Woman Policy The Guidelines apply to formal procurements and solicitations. WMBE participatio nwiII be narrowly -tailored. Index • Black=Black/African-American Business Enterprise Hi spanic = Hi spani c Business Enterprise • Asian =Asian Business Enterprise • Native Am, - NativeAmer!can Business Enterprise • Woman -Woman Business Enterprise (Caucasian) Industry Categories Construction is defi ned as: new construction, renovation, restoration, maintenance of public improvements and underground Construction -Related Services aredef1ned as: architecture, professional engineering, I a nd sca pe a rc hitectu re, design build, co management s ervi ces, or regi stered surveyi ng a nd ma ppi ng, Professional Services are defi ned as: attorney, accountant, medical doctor, veterinarian, miscellaneous consultant, etc. Non -Professional Services a re defi ned as: I awn ma i ntena nce, pa i nti ng, ja nitoria1, printi ng, haul i ng, s ecurity guard, etc. Good are defined as: all suppI ies, materials, pipes, equipment, machinery, appliances, and other commodities. MBD Form -TO ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 3. Content of Proposals. SECTION I. SCOPE OF SERVICES SECTION 4. PROPOSER SUBMITTALS 4.1 Proposer's Minimum Requirements 4.2 Contract termination for Default 4.3 Contract Litigation/Legal Proceedings 4.4 Experience in the State of Florida 4.5 WMBE/SLBE Experience 5.11 Certified Resolutions. 5.12 Project Guaranty Agreement. SECTION III. PROPOSER'S AFFIRMATION FORM Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM Form is filled out and executed. SECTION IV. SUB -CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. Form MBD 20 - Utilized Form is filled out and executed. Proposal is submitted in the format required under Section 3. Content of Proposal? PAGE NUMBER IN PROPOSAL 39 E COUNTY LINE RD W. :i,.17=, Ili... Lu1_Zi t ha ��nitI �,I.ilr':1b r e _ B y Wd r,ror,fr,r DURANT RD Sowd � Bloorlll� U) 00 r- Rivelviev, U f Ff1Psbrraugdr BOYETTE RD FISHHAWK BLVD Bay Gibs?Ill• s v c RHODINE RD = c3 Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USG:S, FAO, NIPS NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community E COUNTY LINE RD of coullil f J 11 Valrico D )III Tawl DURANT RD Sound U) 00 R ivery iev, Cl) 14 BOYETTE RD FISHHAWK BLVD Bay Gibsoi il. RHODINE RD LD Souffes: Esri, HERE, DeLorme, Intermap, increment P Corp. GEBCO, USG'-S- FAO'NPS ' NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey,Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, @ OpenStreetMap contributors, and the GIS User Community Legei E2 Cit Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances, which can be found at the website link: https://www.municode.com/library/fl/tampa/codes/code of ordinances?nodeId=COOR CHI2HURI ARTVICRHISCPR [—] Yes [—] No The City requires this information for informational purposes only pursuant to Section 2-284, City of Tampa Code of Ordinances. It will not be used either as a basis of award or denial thereof. It may not be used by any party as a basis of any protest. Firm Name: Authorized signature: Date: 40 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims for injuries to persons (including death) or damages to property which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub -consultants, as applicable) of any tier subject to the terms and conditions of this document. Firm's maintenance of insurance coverage as required herein is a material element of the Agreement and the failure to maintain or renew coverage or provide evidence of same (defined to include without limitation Firm's affirmative duty to provide from time to time upon City's request certificates of insurance, complete and certified copies of Firm's insurance policies, forms, and endorsements, information on the amount of claims payments or reserves chargeable to the aggregate amount of coverage(s) whether during the term of the Agreement or after as may be requested by the City in response to an issue or potential claim arising out of or related to the Agreement to which Firm's insurance obligations hereunder may apply or possibly help mitigate) may be treated as a material breach of the Agreement. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may (i) terminate the Agreement or (ii) purchase such coverages as City deems necessary to protect the itself (charging Firm for same) and at City's option suspending Firm's performance until such coverage is in place. If Firm does not reimburse City for such costs within 10 days after demand, in addition to any other rights, City shall also have the right to offset such costs from amounts due Firm under any agreement with the City. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm's obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential claim, litigation, etc. The City reserves the right from time to time to modify or waive any or all of these insurance requirements (or to reject policies) based on the specific nature of goods/services to be provided, nature of the risk, prior experience, insurer, coverage, financial condition, failure to operate legally, or other special circumstances. If Firm maintains broader coverage and/or higher limits than the minimums shown herein, the City requires and shall be entitled to such broader coverage and/or higher limits maintained by Firm. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements are sufficient to cover Firm's interests, liabilities, or obligations. Required insurance shall not limit Firm's liability. Firm acknowledges and agrees Firm and not the City is the party in the best position to determine applicability (e.g. "IF APPLICABLE', confirm, and/or verify its insurance coverage. Acceptance by the City, or by any of its employees, representatives, agents, etc. of certificates or other documentation of insurance or policies pursuant to the terms of this document and the Agreement evidencing insurance coverages and limits does not constitute approval or agreement that the insurance requirements have been met or that coverages or policies are in compliance. Furthermore, receipt, acceptance, and/or approval of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its employees, representatives, agents, etc., which indicate less coverage than required does not constitute a waiver of Firm's obligation to fulfill these insurance requirements. MINIMUM SCOPE AND LIMIT OF INSURANCE: ("M" indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an "occurrence" basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees -as - insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement's value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent). (ALWAYS APPLICABLE) B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non -owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent). (ALWAYS APPLICABLE) 41 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT'D) C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker's Compensation as required by Florida law. Employer's Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements. (ALWAYS APPLICABLE) D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC. (ALWAYS APPLICABLE) E. Builder's Risk Insurance for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be "All Risk" form with limits of no less than the project's completed value, have no coinsurance penalties, eliminate the "occupancy clause", cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee. (IF APPLICABLE) F. Installation Floater coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be 'All Risk" including installation and transit for no less than 100% of the installed replacement cost value. (IF APPLICABLE) G. Architects & Enaineers Liability/ Professional Liability (E&O)/ Contractors Professional Liability (CPrL)/ Medical Malpractice Insurance where Agreement involves Florida -regulated professional services (e.g. architect, engineer, design -builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1M per occurrence and $2M aggregate; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City's acceptance of same. (IF APPLICABLE) H. Railroad Protective Liability (RPL) Insurance for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road's approval prior to commencement of work. (IF APPLICABLE). I. Pollution and/or Asbestos Legal Liability Insurance where Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non -owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead -based paint, 3rd party claims/removal, etc.), with limits of at least $1M per occurrence and $2M aggregate, maintained for at least 3 years after Agreement completion. (IF APPLICABLE) J. Cyber Liability Insurance where Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers; cloud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than $2M per occurrence and $2M aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Firm, and shall include, but not be limited to, claims involving infringement of intellectual property/copyright, trademark, trade dress, invasion of privacy violations, damage to or destruction of electronic information, information theft, release of confidential and/or private information, alteration of electronic information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, credit monitoring expenses. (IF APPLICABLE) K. Drone/UAV Liability Insurance where Agreements involves unmanned aerial vehicles/drones. Coverage to include products and completed opera-tions, property damage, bodily injury with limits no less than $1M per occur-rence, and $2M aggregate; may be provided by CGL endorsement subject to City's prior written approval. (IF APPLICABLE) L. Longshore & Harbor Workers' Compensation Act/]ones Act for work being conducted near, above, or on "navigable waters" for not less than the above Employer's Liability Insurance limit. (IF APPLICABLE) M. Garagekeeper/Hangerkeeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; cover -age against liability for damage to vehicles air/watercraft, their machinery in Firm's care, custody, or control both private & commercial. Limits at least equal to greater of $1M, value of max number of vehicles that may be in Firm's custody, or of most costly object in Firm's custody. (IF APPLICABLE) 42 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT'D) N. Property Insurance and Interruption of Business (IOB) Insurance where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to 1 year if premises are destroyed, rendered inaccessible or untenantable, including disruption of utilities, water, or telecommunications. (IF APPLICABLE) O. Liquor Liability/Host Liquor Liability where Firm directly or indirectly provides alcoholic beverages, limits of at least $1M per occurrence and $1M aggregate. (IF APPLICABLE) P. Educators Legal Liability Insurance where day care, after school program, recreational activities, etc. limits per G above. (IF APPLICABLE) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, employees, and volunteers together with, as applicable, any associated lender of the City shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL — Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non -renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days' notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as stated in the Agreement with a copy to the following: ❑ Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 ® Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096 CERTIFICATE OF INSURANCE (COI) — to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors' acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE — If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF -INSURED RETENTIONS (SIR) — must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE — All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. 43 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS (CONT'D) PRIMARY POLICIES - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, employees, and volunteers shall be excess of the Firm's insurance and shall not contribute with it. SUBCONTRACTORS/INDEPENDENT ASSOCIATES /CONSULTANTS/SUBTENANTS/SUBLICENSEE — Firm shall require and verify that all such entities maintain insurance meeting all requirements stated herein with the City as an additional insured by endorsement (ISO FORM CG 20 38, or broader) or otherwise include such entities within Firm's insurance policies. Upon City's request, Firm shall furnish complete and certified copies of copies of such entities' insurance policies, forms, and endorsements. SUBCONTRACTOR DEFAULT INSURANCE, CONTROLLED INSURANCE PROGRAM, WRAP-UP - Use requires express prior written consent of City Risk Manager. UNAVAILABILITY — To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. WAIVER/RELEASE AGREEMENT — Where Firm has a defined group of persons who might be exposed to harm (e.g. participants in an athletic event/program, volunteers) any waiver or release agreement used by Firm whereby such persons (and their parent/guardian as applicable) discharge Firm from claims and liabilities, shall include the City, its elected officials, departments, officers, officials, employees, and volunteers to the same extent as Firm. Revised 11/01/2016 44 C OR D IANI November 9, 2017 Purchasing Department City of Tampa Tampa Municipal Office Building, 20d Floor 306 E. Jackson Street Tampa, Florida 33602 Attn: Gregory Spearman, Director of Purchasing Re: Request for Proposal No. 41111317 —Job Order Contracting Consulting Services Dear Mr. Spearman: The Gordian Group, Inc. ("Gordian") is pleased to submit our proposal in response to the Request for Proposals issued by the City of Tampa (the "City") to provide services to implement and support a Job Order Contracting Consulting Program for the City. We are in receipt of the original RFP dated October 18, 2017, and Addendum No. 1 dated October 23, 2017, and Addendum No. 2 dated November 6, 2017. This proposal is being submitted by Gordian. The authorized representative for binding signature, or for clarification or additional information regarding this response is set forth below: Name: The Gordian Group, Inc. - Address: 30 Patewood Drive, Suite 350, Greenville, SC 29615 Contact: Ammon T. Lesher Title: Vice President and General Counsel Email: a.lesher@gordian.com Telephone: 600-874-2291 Gordian's primary business focus is Job Order Contracting (JOC) products and services, and we are dedicated to improving and advancing successful Job Order Contracting programs. Gordian has developed proprietary JOC solutions that provides facility owners with the tools necessary to ensure that JOC delivers the maximum benefits of cost and time savings. Gordian is the best -qualified firm to provide the requested products and services for the following reasons: • For over 26 years, we have assisted facility owners in getting construction work underway much faster and less expensively, with improved quality, and increased MWBE participation compared to traditional bid methods. Invented by our founder, Harry Mellon, for NATO in 1981, our process has passed the tests of time, those of third party auditors, and earned national `Best Practice" and "Innovation" awards from the National Institute of Governmental Purchasers and the National Association of Housing and Redevelopment Officials. • We are the leading firm that can provide single point responsibility for all of the products and services necessary for a JOC program. We prepare, customize and support, with in-house staff, the Contract Documents, Construction Task Catalog, Technical Specifications and the eGordian Information Management System that we provide to our clients. We do not rely on third parties or independent vendors. We will be 100% responsible for the success of your JOC program. • The Gordian Group has successfully implemented and supported our JOC solutions for over 200 public owners throughout the United States, including the City of Miami, City of St. Petersburg, Miami -Dade Public Schools and Pinellas County, among many others. In addition, Gordian serves hundreds more public owners through our network of cooperative JOG contracts. • Building a JOC program takes more than preparing customized documents and providing software. Our experience provides us with the knowledge to develop a comprehensive, fully functioning JOC program that will deliver the most value possible. }(} P]'t?wood Drive, Suite 3 50, Cre-,.vide. 5C �,9615 P: W'0- 4 2.291 E: November 0, 2017 Page Two • Our approach to developing your JOC program will be a source of substantial benefits for your local, minority and women owned business programs. We have a proven track record of substantially increasing the use of local, minority and women owned firms. We possess the best personnel, software, and construction cost data in the industry. We appreciate the opportunity to present our Job Order Contracting products and services to the City of Tampa. If you have any questions concerning the information provided in this response, please contact me at (800) 874-2291 or A.Lesher@Gordian.com. Sincerely, Ammon T. Lesher Vice President of Legal Affairs 10 Pd[eww'.j Fil `quit --60' Gre!'n"10I(', SC 29G1: P% S-00.874 2151 E: In":1 w;1.r.o. w: wt.w.a��rdi�r,Ct,m City of Tampa Response to RFP #41111317 Job Order Contracting Consulting Services Proposal Date: November 13, 2017 Proposer: The Gordian Group, Inc. 30 Patewood Drive, Bldg. 2, Suite 350, Greenville, SC 29615 Telephone 800-874-2291 Presented by its Authorized Officer: Ammon T. Lesher VP & General Counsel 30 Patewood Drive, Bldg. 2, Suite 350, Greenville, SC 29615 Contact E-Mail: a.lesher@gordian.com Telephone 800-874.2291 City of Tampa Proposal for Job Order Contracting Consulting Services Table of Contents TABISECTION Title Page Table of Contents Proposal Submittal Check List Addenda.............................................................................................................. 1 Florida Public Records Law.............................................................................. 2 Response to Proposal...................................................................................... 3 Section I, Scope of Services............................................................................. 4 References.......................................................................................................... 6 General Statement of Experience.................................................................... 6 OperationalPlan.................................................................................................7 Sub -Contracting Forms.................................................................................... 8 Deviationsto the RFP......................................................................................... 9 Compensation.................................................................................................. 10 Proposer's Affirmation.....................................................................................11 ProposalSignature Form................................................................................ 12 Appendix Sample Documents Sample Construction Task Catalog.................................................................A Sample Technical Specifications.....................................................................B eGordian Users Manual TOC and Quick Reference Guide ............................0 Sample eGordian Customized Forms.............................................................D Sample eGordian Management Reports .........................................................E JOC Training Manual TOC.............................................................................. F The information and data, furnished in connection with this Proposal to provide Job Order Contracting products and services, shall not be disclosed outside of City of Tampa Govemment and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal, except as required by law; provided, that, if a contract is awarded to this offeror as a result of or in connection with the submission of this information or data, the City of Tampa shall have the right to duplicate, use or disclose the information or data to the extent provided for in the contract. The information and data subject to these restrictions as noted above are appropriately marked "Confidential and Proprietary", Copyright 02016 by The Gordian Group, Inc. All rights reserved, Job Order Contracting Core, Job Order Contracting Advanced, Job Order Contracting Complete, Job Order Contracting Complete Management, eGordian, ezlOC and Construction Task Catalog are either registered trademarks or trademarks of The Gordian Group, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. City of Tampa Proposal for Job Order Contracting Consulting Services ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 3. Content of Proposals. SECTION I. SCOPE OF SERVICES PAGE NUMBER IN PROPOSAL SECTION 4. PROPOSER SUBMITTALS 4.1 Proposer's Minimum Requirements 4.1 - 4.3 4.2 Contract termination for Default 4.3 4.3 Contract Litigation/Legal Proceedings 4.3 4.4 Experience in the State of Florida 4.3 +5 WMBE/SLBE Experience 4.3 5.11 Certified Resolutions. Deleted Deleted 5.12 Project Guaranty Agreement. SECTION III. PROPOSEWS AFFIRMATION FORM Tab 11 Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM Tab 12 Form is filled out and executed, SECTION IV. SUB -CONTRACTING FORMS Form MBD 10 - Solicited Tab 8 Form is filled out and executed. Farm MBD 20 - Utilized Tab 8 Form is filled out and executed. Proposal is submitted in the format required under Yes Section 3. Content of Proposal? 39 Ca*RD1RN` FTI-RU-1 ! M_ The Gordian Group, Inc. ("Gordian") acknowledges receipt of the two (2) Addenda on the following pages. City of Tampa 1.1 Proposal for Job Order Contracting Consulting Services CITY OF TAMPA Bob Buckhorn, Mayor Purchasing Department Gregory K. Spearman, CPPO, FCCM Purchasing Director ALL FIRMS ON BID LIST REF; City of Tampa RFP, dated OCTOB RFP for Fumishing: 41111317 J08 ORDER CONTRACTING CONSUlTIN(j SERVICES To Be Opened: )NOVEMBER 13, 2017 C& 3:30.PM_-- _ SUBJECT: ADDENDUM NO. 1 OCiOBER_23, 2017 I-----------------------------------------------------------------------_--------------_._._-_----------------------------------.__.--------------- Please make the following changes to the RFP: 2. On Page 4, SUCCESSFUL PROPOSER'S MINIMUM REQUIREMENTS, change to read as follows: "2.1 Have up to three (3) continuous years of experience providing this type of service." FOR INFORMATIONAL PURPOSE ONLY: 1. Q: We are Interested In proposing on this RFP. I read about asking questions at a pre -proposal conference, but I could not find when or If the conference is scheduled. A: There Isn't a pre -proposal Conference for this RFP. Acknowledgement of the Addendum is required if a proposal is being submitted. Refer to the RFP package under Section II. General Conditions, Section 3. Contents of Proposals, Subsection 3.2, Tab 1. Addenda. Sincerely, cav Gregory K. Spearman, CPPO, FCCM Director of Purchasing CB/agg 306 F. ,Jackson Street, 2E • Tampa, Florida 33602 • (813) 274-8351 @ FAX: (813) 274-8355 Tampa aav www.tampagov.net CITY OF TAMPA Bob Butlihorn, Mayor Purchasing Department Gregory K. Spearman, CPPO, FCCM Purchasing director ALL FIRMS ON BID LIST REF: City of Tampa RFP, dated OCTOBER 18� 2017 RFP for Furnishing: 41111317 _ JQ8 ORDER CONTRA _ NG CONSULTING SERVICES To Be Opened: NOVEMSER 13, 2017_0 3:30 PM SUBJECT: ADDENDUM NO. 2 NOVEMBER 6, 2017 The following questions have been received and the answers are provided below: Q. Regarding Addendum No, 1 dated October 23, 2017, please clarify the revisions to Page 4, Section 2.1 which now requires that proposers meet a minimum requirement of "up to three (3) continuous years of experience providing this type of service." This requirement Is unclear and appears to exclude proposer with more than 3 years' experience providing this type of service. Is this intended to mean proposers must have "at least" three (3) years' experience providing this type of service: A. No, the minimum Is up to three (3) continuous years and more years` experience will also be considered. Q. Per Attachment A — Proposal Submittal Check List, please clarify what Is sought for Section 4, 5.11, Certified Resolutions. A. Delete 5.11. Q. Per Attachment A — Please confirm a Project Guaranty Agreement is not applicable for this proposal. A. delete Proposal Submittal Check List, Section 4, 5.12, Please Note: No further questions will be addressed regarding this RFP prior to the Opening date/time. Sincerely, aA GB17P Gregory K. Spearman, CPPO, FCCM Director of Purchasing CB/agg 306 E. Jackson Street, 2E . Tampa, Florida 33602 • (813) 214-8351 • FAX: (813) 274.9355 Tampasav www.tampagov.net 1CIz] =] ■1 FF1. IN Florida Public Records Law Gordian acknowledges Section II, General Conditions of the RFP. Specifically, Gordian has read and understands Subsection 1.4 of the General Conditions in regards to Chapter 119 of the Florida Statutes. City of Tampa 2.1 Proposal for Job Order Contracting Consulting Services Response to Proposal Understanding of the City's Program In response to the City of Tampa's RFP #41111317, Section 4 of this proposal will outline Gordian's recommended JOC program for the development, implementation and support phase that will achieve the City's JOC program goals defined in Section I, Tier 1 of the RFP. Further in Section 4, additional optional services are outlined which describe services available on an as -needed basis to facilitate Tier 2 and Tier 3 services when required. The Operational Plan detailed in Section 7 explains our comprehensive Gordian JOC solutions and details the major resource components necessary for a successful JOC program: Data. Technology and Services. Construction Cost Database: Our construction cost database is the most robust collection of labor, material and equipment cost data available today. Since our inception, we have understood the advantage that precise data brings to construction procurement. Because of that, we have invested heavily in developing our construction task and material data from a wide variety of sources and have continued to invest to keep it updated and accurate. With each of the more than 3,000 unique catalogs we have published, we have continued to accumulate information so that our clients can benefit from the latest industry standards and pricing. Today, our construction cost database encompasses over 275,000 construction tasks with associated costs for all areas of construction from site work to electrical, and across many public sectors. The construction cost database is not confined to general construction practices, but encompasses many speciality items for green, security, education, transportation, healthcare and utilities. From this powerful and precise data, Gordian produces Construction Task Catalogs and Technical Specifications for each client. A sample of the Construction Task Catalog is provided in Section A of the Appendix. Software and Technology: To go from construction database to finished unit price book, Gordian's in-house technology team created a proprietary software called DMAP. This software automates the publishing process once the customized information is complete by producing Microsoft Word documents and Acrobat files. The Construction Task Catalogs are then incorporated into the eGordian software and distributed via CD-ROM. Our second critical software is eGordian, a workflow tool that automates the entire JOC process and is accessible via the internet. It is the most comprehensive and most widely used JOC information management software available. eGordian is used by over 10,000 users across the country. Gordian will provide the City with an unlimited user license for City staff to eGordian, which is capable of generating all of the JOC documents, forms and reports required for the JOC process including: the contractor's Price Proposal; the City's independent cost estimate; Job Orders; and various management reports. Most importantly, eGordian was designed so that it can be configured to fit the information management needs of the City's JOC program. Services: We have gathered the most experienced talent in the industry to assist our clients in implementing and executing JOC programs. As seasoned engineers, consultants and construction professionals, they come to us from various City of Tampa 3.1 Proposal for Job Order Contracting Consulting Services GOPOIAN" Response to Proposal backgrounds with a common understanding of what it takes to be successful. Our team leverages their expertise to develop, implement and support JOC programs that minimize the effort required by the owner. We accomplish this with our data, software and technology investments using our proven Development and Implementation Program. This program, the technical approach, along with our Training program and schedule, is completely detailed behind Tab 4: Section I, Scope of Services.. For your reference, Section 5 includes a detailed summary of several JOC programs developed, implemented and currently maintained by Gordian for other Florida based clients. Each of the programs cited in Section 5 were developed in accordance with the program guidelines set forth above, and provided in greater detail herein. Commitment We are proud of our 26+ year record providing the JOC consulting services set forth in the City's RFP. We will be dedicated to producing and maintaining the state-of-the-art software, documents and procedures necessary to make your JOC program successful. City of Tampa 3.2 Proposal for Job Order Contracting Consulting Services Section I, Scope of Services Minimum Requirements & Submittals 4.1 Minimum Requirements Responses to Section I, Paragraph 2 are as follows: 2.1 Have up to three (3) continuous years of experience providing this type of service. Gordian has been providing Job Order Contracting (" JOU) solutions to help facility and infrastructure owners, like the City of Tampa (the "City"), control and fast track " their construction repairs and alterations for more than 26 years beginning with our first, and current client, Miami -Dade Public Schools in 1991. 2.2 Have key personnel assigned to this contract possess a minimum of two (2) years' experience each in providing services equivalent to those requested in this RFP. GORDIAN Key personnel proposed and assigned to this contract each have in excess of two (2) years' experience providing services equivalent to those requested in the RFP. Their resumes are provided behind Tab 7 of the proposal. 2.3 Have the resources and staff to be able to respond to a jobsite in the City and to attend meetings at the City with four (4) hours' notice. Gordian has assigned staff that will be available with four (4) hours' notice. We also will monitor program needs and employ additional staff if needed for the City of Tampa's JOC Program. 2.4 Have the ability to maintain adequate files and records and meet statistical reporting requirements. Gordian's online management system, eGordian, is designed to maintain all JOC related files and records. Gordian's JOC information management software is the most comprehensive and most widely used software available designed to manage administration of the entire JOC process. Our system provides full project tracking, automated development of cost proposals and independent estimates, generation of all project documentation, providing a project scheduling capability, budget and cost control, and the generation of customized reports. The automated system shall be customized to the specific needs of multiple City departments and be capable of incorporating current forms and documentation. 2.5 Have the administrative and fiscal capability to provide and manage the proposed services and to ensure an adequate audit trail. Gordian's internal fiscal management process is overseen by our Chief Financial Officer, Roy Kemper, and executed by a team that includes a controller, assistant controller, financial analysts, accounts receivable and accounts payable. Gordian currently supports more than 200 JOC program through direct contracts, and hundreds more through our various cooperative agreements, and we have the financial resources and infrastructure to provide and manage the proposed services and ensure an adequate audit trail for all costs associated with our products and services. City of Tampa 4.1 Proposal for Job Order Contracting Consulting Services 150POIAW Section 1 — Scope of Services, Minimum Requirements and Submittals 2.6 RFP specifications for JOC contractors shall be completed within 180 days from date of award. Gordian can develop and implement a JOC program for the City within 120 days of the receipt of a contract, JOC RFP document preparation is usually completed within the first 60 days, Timely response from the City staff to our requests for information and requests to review draft documents is critical to the development and implementation process in meeting these goals. 2.7 Provide weekly status updates. Status reports can be provided weekly, or on any other time interval requested by the City through our eGordian system. Depending on the information sought, eGordian can report on construction status, contractor performance and other program metrics. In the event the City elects to utilize the Tier 2 and Tier 3 services Gordian will provide construction status update, call and lead project progress meetings with all JOC construction contractors and staff on a periodic basis, and coordinate receipt of approved inspections and certifications. Gordian's weekly reports may include minutes and records of site visits, meetings and developments in the work as well, depending upon the service levels selected by the City. 2.8 Must be fully familiar and experienced with JOC Programs and JOC software applications for delivery of projects. Our Job Order Contracting procurement system was pioneered and tested by our founder, Ret. Lt. Colonel Harry H. Mellon, for the U.S. military over 30 years ago. Since Harry Mellon invented JOC and co-founded Gordian, our sole focus has been the advancement and improvement of JOC solutions. During that time, we have developed a wealth of data, technology, process and human resources that are unmatched in the industry. Gordian has continued to innovate and refine our JOC products and services and the underlying components that form them to meet the varying needs of our clients. All of our JOC solutions are designed to minimize the amount of effort required by the owner while maximizing the benefits. 2.9 Train JOC general contractors in such JOC programs and JOC software applications, as needed for successful completion of projects. Gordian will be responsible for providing a comprehensive JOC Master Training Program, which will include different course modules so that all elements of the City and JOC contractor staff will receive specialized training. Gordian will develop and publish all training aids and materials necessary to support the JOC training courses. 2.10 Work closely with City departments including but not limited to various user departments, Purchasing, Risk Management and Legal. Gordian will develop and customize the Execution Procedures, training materials, bid documents, specifications, forms and reports to facilitate the management and execution of JOC. We will work closely with the City and participating agency staff and the JOC contractors to ensure that both parties are executing JOC in accordance with the established procedures. This process will include processes that include Purchasing, Risk Management and Legal. 2.11 Be responsible in providing clear and concise specifications for the City's successful selection of JOC general contractors. The City's goal is to award JOC contractor(s) who will complete projects expeditiously and in accordance with industry standards and regulations at a reasonable cost. City of Tampa 4.2 Proposal for Job Order Contracting Consulting Services - Cs M. Section 1 - Scope of Services, Minimum Requirements and Submittals The bid documents and general conditions are critical to the JOC process. A poorly developed document can lead to bid protests and claims, and can breakdown the non -adversarial relationship that is essential to a successful JOC program. The challenge of creating these is that the standard City contract language and forms must be integrated with JOC specific language and clauses. We will assist the City with drafting a full set of bid documents, including the Contract and General Conditions, designed to enhance competition, minimize bid protests, and ensure compliance in all aspects of the JOC program. 2.12 Prepare project technical specifications that reference all applicable regulations including but not limited to local, state and federal laws, construction, safety, latest industry standards and best practices, and in accordance with varying grant funding requirements. Gordian will provide a locally priced Construction Task Catalog for the City supported by detailed written Technical Specifications prepared by our in house specifications staff. The Construction Task Catalog and Technical Specifications will be delivered to the City in electronic form compatible with all Windows operating systems and our JOC information management software, eGordian. 4.2 Contract Termination for Default Gordian has never, in the history of our company, had a contract terminated for default. 4.3 Contract Litigation/Legal Proceedings Our firm and its officers are free from any judgments, arbitration and final agency decisions filed in the last five (5) years. Gordian is currently involved in pending litigation with Mark Powell, Benjamin Stack, and several entities owned or controlled by Mark Powell. The litigation involves claims by both parties related to the publication and distribution of a unit price book by Mr. Powell and Mr. Stack. Gordian is not involved in any pending litigiation that may result in a signficant financial settlement or otherwise impair Gordian's ability to perform the services described herein. 4.4 Experience in the State of Florida Gordian's first client was Miami -Dade Public Schools in 1991. We have continually provided JOC Consulting Services in the State of Florida since that time and currently have programs in the following locations: Broward County, City of Miami, Miami -Dade County Public Schools, City of Tarpon Springs, Jackson Health Systems, Palm Beach County, Pinellas County and the City of Saint Petersburg. As a result, we are deeply knowledgable with applicable Florida laws, statutes and construction regulations. 4.5 WMBE/SLBE Experience JOC Contractors have the opportunity to award work directly to minority or disadvantaged business owners, who often provide services to General Contractors and Specialty Subcontractors. Goals for subcontracting work can be incorporated directly into the RFP for Contractors to bid on for the City's JOC program. eGordian tracks subcontractor utilization by Job Order to track the utilization of small, minority, women or disadvantaged owned businesses. Gordian has substantial experience City of Tampa 4.3 Proposal for Job order Contracting Consulting Services T ■ a Section 1 — Scope of Services, Minimum Requirements and Submittals setting up JOC programs designed to enhance WMBEISLBE partiicpation in the State of Florida and will put this experience to use at the City. Overview Gordian has been providing Job Order Contracting ("JOC") solutions to help facility and infrastructure owners, like the City of Tampa (the "City"), control and fast track their construction repairs and alterations for more than 26 years. Gordian's JOC solutions are a turnkey procurement approach, which tailor components to form a unique, comprehensive and high -performing JOC program for each of our clients. Job Order Contracting procurement was pioneered and tested by our founder, Ret. Lt. Colonel Harry H. Mellon, for the U.S. military over 30 years ago. It is an increasingly popular construction procurement method among facility and infrastructure owners to quickly and easily accomplish repair, alteration and construction projects. JOC enables facility and infrastructure owners to efficiently complete a series of projects with a single, competitively bid contract. The Job Order Contract defines the overall relationship between the owner and the contractors. Each Job Order Contract is awarded through a competitive bidding process for an indefinite quantity of construction work, typically has a term of one or more years, and features an estimated or maximum dollar value. We will utilize this process to develop, implement and support a JOC program customized for the City of Tampa. Since Harry Mellon invented JOC and co-founded Gordian, our sole focus has been the advancement and improvement of JOC solutions. During that time, we have developed a wealth of data, technology, process and human resources that are unmatched in the industry. Gordian has continued to innovate and refine our JOC products and services and the underlying components that form them to meet the varying needs of our clients. All of our JOC solutions are designed to minimize the amount of effort required by the owner while maximizing the benefits. Gordian's JOC solutions combine and integrate a complete set of our proprietary JOC components, uniquely customized for each individual owner to drive maximum performance. Our JOC solutions are the result of our experience, innovation, and a willingness to invest in state-of-the-art products and follow best practices. Gordian's results are unsurpassed, and have been demonstrated in many side -by -side comparisons and independent audits over the years. We are proud to propose our JOC products and services to the City. The steps we take to develop, implement and support a JOC program under the approached set forth as Tier 1 in the RFP are described in detail below, including the ongoing support and maintenance tasks required in the Tier 1 Scope of Services. Scope of Services - Tier 1 Gordian JOC solutions have helped facility and infrastructure owners control and fast track their repair, maintenance and construction projects for over two decades. Our standard solution is suited for clients that have annual budgets for JOC type work of $34 million or more and have the in-house expertise necessary to properly develop Job Orders. With the services and deliverables described herein, we will develop, implement and support the City's JOC program. We will also provide the in-depth training necessary for your project management staff to properly develop Job Orders and administer the JOC program. A detailed description of our approach to the development, City of Tampa 4.4 Proposal for Job Order Contracting Consulting Services GOR©IAN" Section 9 — Scope of Services, Minimum Requirements and Submittals implementation and support of the City's JOC program, which meets all of the required services set forth in the RFP, is presented on pages 7.1 through 7.25. Scope of Services -- Tier 2 and 3 In addition, Gordian will make the Tier 2 and Tier 3 services available to the City on a project -by -project basis. A detailed description of the services provided for the Tier 2 and 3 deliverables are presented on pages 7.25 through 7.28. ezIQC In addition to the implementation of a JOC program for the benefit of the City, Gordian can L=15POIAN assist in the development and implementation of a cooperative JOC program for the benefit of all members of the Government Purchasing Council (collectively "Agencies"). Gordian's ezIQC solution is designed to implement a JOC program that can be made available to multiple owners. ezIQC is typically used by cooperative members who wish to utilize the procurement efforts of a purchasing agency or who may not have the staff capacity or construction volume necessary for a standalone, independent JOC program. Through ezIQC, the City's competitively - procured JOC contracts can be made available to the Agencies for expedited and efficient construction procurement without the need to bid JOC contracts for each individual agency. With ezIQC, Gordian's oversight and assistance in developing Job Orders for the Agencies is vital to ensuring the JOC contracts are utilized properly, and the participating entities are paying the correct price to the JOC contractors. Accordingly, our ezIQC offering includes the Tier 2 services for all projects procured by any Agency. Gordian's approach for developing, implementing and supporting an ezIQC program that will fulfill the City's requirements mirrors the implementation of the City's JOC program, with the only difference being that the Job Order development services described herein will be provided to the Agencies procuring construction from the City's JOC contracts, and not the City itself. Since this offering is not part of the requested services included in the RFP, the pricing has not been included with this proposal. Should the City wish to learn more about this product we will provide additional information during the evaluation and award process, Conclusion Gordian's success is the result of our experience, innovation and willingness to invest in state-of-the-art products and to follow best practices. We have developed a wealth of related data, technology, process and human resources that are unmatched in the industry. City of Tampa 4.5 Proposal for Job Order Contracting Consulting Services .. a References Gordian has been continuously providing JOC services and products to public facility and infrastructure owners since our incorporation in 1990, beginning with Miami -Dade County Public Schools. Gordian's experience includes current contracts to develop, implement and provide on -going maintenance and support services for the customized Job Order Contracting programs for more than 200 public facility owners including the City of New York, City and County of San Francisco, the County of Los Angeles and the City of Chicago. We have provided narrative descriptions for some of our Florida clients and the results of their JOC programs on the following pages. Additional references are available by request. City of Tampa 5.1 Proposal for Job Order Contracting Consulting Services w � • References Bf' , ARD COUNTY Broward County Services Provided: Implementation and Support of a Job Order Contracting Program JOC System Status: Under Development Period of Service: December 2005 — On Going Reference: Mr. Scott Campbell Director of Facilities Management 115 S. Andrews Ave„ Room 501 Fort Lauderdale, FL 33301 Tel.: (954) 357-5590 Fax: (954) 357-5544 FMD@broward.ora The Gordian Group was awarded a contract in December 2005 to implement and support a Job Order Contracting (JOC) program for Broward County. Broward County is the 161" largest county in the United States, and the 2Ad largest county in Florida, with over 1.75 million residents and over 150 facilities to maintain. The County sought to accomplish construction work more rapidly and the Public Works Department led the charge to adopt the Job Order Contracting program. The first phase of the Broward County JOC program was to create a pilot program for the Facilities Maintenance Division of the Public Works Department with capacity of $30 Million over 5 years. The program was structured to maximize small and local business participation. The JOC contracts were reserved for local firms and local participation goals were incorporated into the contracts. The JOC program fills the gap between smaller projects completed by the County`s maintenance staff and larger projects awarded through the traditional bidding process. The average job order size is approximately $102,000. However, projects have been as large as $1.6 Million. The pilot JOC program for the Facilities Maintenance Division kicked off in March 2008. In March 2010, Broward County went back out to bid for more JOC contractors with the intent to expand the program countywide. City of Tampa 5.2 Proposal for Job Order Contracting Consulting Services References . F:.>. [S Si City of Miami Services Provided: Implementation and Support of a Job Order Contracting Program Construction Value: $222,357,916 of construction completed to date Period of Service: August 2004 — On Going Reference: Mr. Jeovanny Rodriguez Director of Office of Capital Improvements 444 S. W. 2"d Avenue, 81h Floor Miami, FL 33130 Tel.: (305) 416-1225 Fax: (305) 416-2153 askmiamicapital@miamigov.com The Gordian Group was awarde a contract for the City of Miami i July 2002. The City of Mian piggy backed our contract i August 2004 to implement an support a Job Order Contractin (JOC) program for the City c Miami. The focus of the City of Miami' Job Order Contracting program i the accomplishment of the large vertical and horizontal project; The average project size ha been approximately $800,000, The City of Miami utilizes JOC fc projects such as; Sanitary sewe rehabilitation and construction, reconstruction, beautification Vqn� ,Bonds monoy for ;;theity's { ` and Verticai p.e; 9p3 ction' Programs with a ti a:JOG program of 216 i. s .the. primary. contracting for:. bothHorizontal and ri Construction projects, Park renovations and construction, neighborhood improvement projects, facility maintenance and upgrades, historical preservation projects, and emergency projects, The City of Miami's primary procurement method is Job Order Contracting for their CIP department. The City is currently working on their capital improvement bond money to expedite their construction projects. It has currently released and awarded their third JOC contract. These contracts are comprised of four Vertical Contracts and six Horizontal Contracts. City of Tampa 5.3 Proposal for Job Order Contracting Consulting Services GOR©IAN` References miasni-oach County llub°cschooN Miami -Dade County Public Schools Services Provided: Implementation and Support of a ,lob Order Contracting Program Construction Value: $352,283,975 of construction completed to date Period of Service: April 1991 —On Going Reference: Mr. Francis Hoar, Executive Director 12525 NW 28th Avenue Miami, FL 33167 Tel.: (305) 995-4014 Fhoaradadeschools. net The Gordian Group was awarded a sole source contract in April 1991 to implement and support a Job Order Contracting (JOC) program for the Miami -Dade County Public Schools (MDCPS). Gordian has been awarded a competitively bid contract for the continued support of their JOC IDIOM .. , -i program. Miami Dade County Public School District is the fourth largest public school in the country with over 380 thousand students and 415 school buildings and other facilities to maintain. MDCPS has accomplished over $350 million in construction using JOC since 1991. Thousands of projects have been accomplished for the District involving small construction, alteration and repair. JOC continues to perform well for MDCPS for a wide variety of projects ranging from major paint projects, cooling tower and chiller replacement, fire alarms, sprinkler systems, classrooms and lab renovations. City of Tampa 5.4 Proposal for Job Order Contracting Consulting Services GOR©IAN" References ��counrr� . �o0M Si COUNTY CE17Athl S } N jliiR$ Pinellas County Services Provided: Implementation and Support of a Job Order Contracting Program Construction Value: $35,004,168 of construction completed to date JOC System Status: Fully operational Period of Service: April 2006 — On Going Reference: Mr. Andrew Pupke, Director, Real Estate Management 509 South East Ave. Clearwater, FL 33756 Tel.: (727) 464-3496 Fax: (727) 464-3374 apupke atinellascounty.org The Gordian Group was awarded a contract in April 2006 to implement and support a Job Order Contracting (JOC) program for Pinellas County. The JOC program has performed work for (8) departments including the Building and Design Division, Facilities Maintenance, Public Works, Transportation, Solid Waste, Utilities, Parks and Recreation and the Saint Petersburg Clearwater Airport. The Pinellas JOC program has been used for renovation projects, minor new construction, Fire Rescue, hardening projects, roofing, jail complex work, windows, site work including repair of a bridge tender house, storm water structure repairs, landfill projects and bulkheads. To date, the JOC program has accomplished 411 projects and over $35 million in construction. City of Tampa 5.5 Proposal for Job Order Contracting Consulting Services 12/11/2020 Detail by Entity Name DIVISION OF CORPORATIONS lr V �.I -���, a3►e U�1'l!!i 3uu© afldur�cl�s syd�i�idy Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation THE GORDIAN GROUP, INC. Filing Information Document Number P93000001007 FEI/EIN Number 65-0386093 Date Filed 12/31/1992 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 03/08/1993 Event Effective Date NONE Principal Address 119-2 Nautical Way JUPITER, FL 33477 Changed: 01/12/2015 Mailing Address 119-2 Nautical Way JUPITER, FL 33477 Changed: 01/12/2015 Registered Agent Name & Address COHEN, FRED C 712 U.S. HWY ONE NORTH PALM BEACH, FL 33408 Officer/Director Detail Name & Address Title D FEINSTEIN, STEWART 119-2 NAUTICAL WAY JUPITER, FL 33477 Title D FEINSTEIN, MARLENE search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=GORDIANGROU... 1 /2 12/11 /2020 119-2 NAUTICAL WAY JUPITER, FL 33477 Annual Reports Report Year Filed Date 2018 02/08/2018 2019 02/08/2019 2020 01 /29/2020 Document Images 01/29/2020 -- ANNUAL REPORT View image in PDF format 02/08/2019 -- ANNUAL REPORT View image in PDF format 02/08/2018 -- ANNUAL REPORT View image in PDF format 01/13/2017 -- ANNUAL REPORT View image in PDF format 02/08/2016 -- ANNUAL REPORT View image in PDF format 01/12/2015 -- ANNUAL REPORT View image in PDF format 03/23/2014 -- ANNUAL REPORT View image in PDF format 01/17/2013 --ANNUAL REPORT View image in PDF format 01/09/2012 -- ANNUAL REPORT View image in PDF format 01/28/2011 --ANNUAL REPORT View image in PDF format 04/19/2010 -- ANNUAL REPORT View image in PDF format 01/22/2009 -- ANNUAL REPORT View image in PDF format 04/14/2008 -- ANNUAL REPORT View image in PDF format 01/16/2007 -- ANNUAL REPORT View image in PDF format 01/23/2006 -- ANNUAL REPORT View image in PDF format 02/10/2005 -- ANNUAL REPORT View image in PDF format 01/12/2004 -- ANNUAL REPORT View image in PDF format 04/07/2003 -- ANNUAL REPORT View image in PDF format 02/20/2002 -- ANNUAL REPORT View image in PDF format 01/22/2001 --ANNUAL REPORT View image in PDF format 01/19/2000 -- ANNUAL REPORT View image in PDF format 02/21/1999 -- ANNUAL REPORT View image in PDF format 02/17/1998 -- ANNUAL REPORT View image in PDF format 02/17/1997 -- ANNUAL REPORT View image in PDF format 02/21/1996 -- ANNUAL REPORT View image in PDF format 01/31/1995 -- ANNUAL REPORT View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=GORDIANGROU... 2/2