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HomeMy Public PortalAbout12-8415 RFQ for Improvement of Drainage System at Rutland Street Sponsored by: City Manager RESOLUTION NO. 12-8415 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR PROPOSALS(RFP)FOR QUALIFIED CONSTRUCTION FIRMS FOR THE IMPROVEMENT OF DRAINAGE SYSTEM AT RUTLAND STREET, PAYABLE FROM THE PTP FUND AND CAPITAL PROJECTS FUND, ACCOUNT NUMBERS 47-541807 AND 44-541807; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there is a severe flooding problem on Rutland Street due to the fact that the street does not have a functional drainage system; and WHEREAS, Rutland Street is part of the City's capital project plan targeted for FY 2012, and the City has been awarded a reimbursable grant ($60,414) by the Florida Department of Environmental Protection (FDEP), and has an additional commitment from the City ($60,414) from the PTP Fund; and WHEREAS, installation of a new drainage system will significantly alleviate the drainage problem on Rutland Street between NW 22nd Avenue and NW 143rd Street; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to advertise and issue a Request for Proposals (RFP) for qualified construction firms to provide a functional drainage system for Rutland Street. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 12-8415 Section 2. The City Commission of the City of Opa-locka, authorizes the City Manager to advertise and issue a Request for Proposals (RFP) for qualified construction firms for the improvement of drainage and roadway improvements at Rutland Street. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of June, 2012. M RA TAY OR MAYOR test to: Approved as to f rm and legal suffic.-ncy: Ad ! ,. Joanna Flores Joseph Geller Interim City Clerk Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER MILLER Commission Vote: 3-2 Commissioner Holmes: NO Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: NO Mayor Taylor: YES 9221256 v1 Ninwiew OPp,-LOC/r4 X 09 V • __it PAT _i,l I : City of Opa-Locka Agenda Cover Memo Commission Meeting 5/23/2012 Item Type: Resolution Ordinance Other Date: (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter X in box) X Account# 47-541807 PTP Fund Capital 44-541807 Projects Fund Contract/P.O. Required: Yes No RFP/RFQ/Bid#: (EnterX in box) X RFP is required Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the - (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational n Bus.&Economic Dev - 1. RFP is required to award the Public Safety - Rutland Street drainage Quality of Education 0 improvement project. Qual.of Life&City Image Communcation O Sponsor Name City Manager Department: Public Works Short Title: Request for Proposals(RFP)for Rutland Street Drainage Improvements. Staff Summary: The City of Opa-locka will issue a Request for Proposal (RFP) to solicit competitive proposals from qualified firm for the improvement of Rutland Street Drainage System. Rutland Street has severe flooding problem and currently there is no functional drainage system in the street. Installation of a new drainage system will significantly alleviate the drainage problem on Rutland Street between NW 22nd Avenue and NW 143rd Street. RFP—Rutland Street Drainage Improvements 1 Proposed Action: The projected completion is scheduled for August 25, 2012 in order to comply with FDEP grant requirements. An RFP is required to award the contract to a qualified contractor to render the services for the Rutland Street drainage improvements. Attachment: 1. Agenda 2. Copy of RFP RFP—Rutland Street Drainage Improvements 2 ,�pock v v i 9 - D'' MEMORANDUM qp TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Tinfothy Holmes Commissioner A1ose Tydus Commissioner Gail Miller FROM: Bryan K. Finnie y Manager DATE: May 23,2012 RE: Request for Proposals(RFP)for Rutland Street Drainage Improvements Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AUTHORIZING THE CITY MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR PROPOSALS (RFP)FOR QUALIFIED CONSTRUCTION FIRMS FOR THE IMPROVEMENT OF DRAINAGE SYSTEM AT RUTLAND STREET. Description: The City of Opa-locka will issue a Request for Proposal (RFP) to solicit competitive proposals from qualified firm for the improvement of Rutland Street Drainage System. Rutland Street has severe flooding problem as currently there is no functional drainage system in the street. Installation of a new drainage system will significantly alleviate the drainage problem on Rutland Street between NW 22nd Avenue and NW 143rd Street. Account Number: PTP Fund: 47-541807, Capital Projects Fund: 44-541807 Financial Impact: This roadway is a part of the City of Opa-Locka capital projects targeted for FY 2012. The Florida Department of Environmental Protection (FDEP) awarded a reimbursable grant in the amount of $60,414.00. The City has committed an additional $60,414.00 from the PTP revenues to the proposed improvements. Consequently this expenditure is expected to have no adverse financial impact. Implementation Timeline: The projected completion is scheduled for August 25, 2012 in order to comply with FDEP grant requirements. Legislative History: None. Recommendation(s): Staff recommends approval. Analysis: This improvement project will address the severe flooding issues with improved safety for vehicular traffic on Rutland Street. Attachment: Copy of RFP PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director END OF MEMORANDUM City of Opa-locka Q p-ILO Ok O '4, lc O O AI -41I lal d I mow ill. ...,ak O a t tryi . . . 14-,,\: Z ti RA RFP NO: 11-XXXXXXX RUTLAND STREET DRAINAGE IMPROVEMENTS CITY OF OPA LOCKA 780 FISHERMAN STREET OPA LOCKA, FLORIDA 33054 (4,...,4,�<o CITY OF OPA-LOCKA Si _ = � Advertisement for Request for Proposals 0 __ 0y OA- °RAI- RFP N O: 11-XXXXXXX Rutland Street Drainage Improvements Proposals for Rutland Street Drainage Improvements will be received by the City of Opa-Locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa- Locka, Florida 33054, XXXXxxxxx, 2012 by 1:00 p.m. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide construction services to the City of Opa-Locka for Rutland Street Drainage Improvements An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Joanna Flores, CMC, Interim City Clerk, City of Opa-Locka, Florida, and marked Rutland Street Drainage Improvements Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 11- XXXXXXX requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 11- XXXXXXX requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC Interim City Clerk Dated: Published: 1. INTRODUCTION 1.1. PURPOSE AND BACKGROUND The City is requesting proposals for the Construction of Rutland Street Drainage Improvements. This Construction project includes the installation of a new drainage system and related rehabilitation of the roadway as required by the City. Rutland Street is a City road which primarily serves as access to area residents and of number local businesses located along its limits. In addition, the thoroughfare is significant in terms of providing connectivity to an elementary school, a neighborhood park and NW 143rd Street a major transit corridor. To help address the existing ponding/flooding problem and the poor condition of portion of the street, the City is looking to repair the roadway while installing a functional drainage system. 1.2. PROPOSAL SUBMISSION AND WITHDRAWAL The City must receive all proposals in a sealed envelope by XXXXXXXX, 2012 by 1:00 p.m. The proposals shall be submitted at the following address: CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFP NO: 11-XXXXXXX. This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Proposer. The City cautions proposers to assure actual delivery of mailed or hand-delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa- Locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 953-2800 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1.3. NUMBER OF COPIES Proposers shall submit an original and six (6) copies total of seven (7) copies of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1.4. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Qualifications. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1.5. INQUIRIES Interested Proposers may contact the City's Purchasing Officer regarding questions about the proposal by telephone at (305) 953-2868 x1307 or by facsimile at (305) 953- 2900. The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFP NO: 11-XXXXXXX so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP NO: 11-XXXXXXX or give information as to the requirements of the RFP NO: 11-XXXXXXX in addition to what is contained in the written RFP NO: 11-XXXXXXX document. 1.6. ADDENDUM The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to seven (7) calendar days before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP NO: 11-XXXXXXX opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1.7. CONTRACT AWARDS The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP NO: 11-XXXXXXX does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. Page I 2 1.8. CONTRACTUAL AGREEMENT This RFP NO: 11-XXXXXXX shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in Miami-Dade County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. 1.9. SELECTION PROCESS The proposals will be evaluated and assigned points. The contractor with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any contractor deemed responsive and responsible. The City reserves the right to further negotiate any proposal, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1.10. PUBLIC RECORDS Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 1.11. NEWS RELEASES The Proposer shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFP NO: 11-XXXXXXX or the service, study or project to which it relates. 1.12. INSURANCE The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein as set forth below. In the event the Proposer is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); Page 13 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4. The City must be listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. 5. Minimum 30-day written notice of cancellation. 1.13. LICENSES Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP NO: 11-XXXXXXX submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 1.14. PUBLIC ENTITY CRIMES Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP NO: 11-XXXXXXX proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 1.15. CODE OF ETHICS If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa- Locka. 1.16. DRUG-FREE WORKPLACE Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual Page 14 services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1.17. PERMITS AND TAXES The Proposer shall procure all permits, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 1.18. PROTESTS Protests of the specifications and other requirements of the Request for Proposals must be received in writing by the City Clerk's Office at lease ten (10) working days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the bid or contract must be in writing and received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1.19. TERMINATION FOR CONVENIENCE A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made (if applicable) for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 1.20. TERM OF AGREEMENT It is the intent of the City to award an Agreement to a contractor until the completion of this project with a projected completion time not to exceed 90 Calendar Days from the date of the agreement. Page 15 2. DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: City: The City of Opa-locka; City Website: www.Opa-lockafl.gov Contract: A formal written contract between the City and a Preferred Proponent to undertake the Services. Evaluation Team: The team appointed by the City; Preferred Proponent(s): The Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; Proponent: An entity that submits a Proposal; Proposal: A proposal submitted in response to this RFP; RFP: Request for Proposals; Services: The meaning of any and all construction and administration work necessary to complete this project Site: The place or places where the Services are to be performed; and Acceptance: By the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the CITY and the CONTRACTOR covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: The form furnished by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the PROPONENT submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after execution of the Agreement. Contract Documents: Contract Documents shall include, Instructions to PROPONENTS, CONTRACTOR'S Bid, the Bonds, the Notice of Award, these General Conditions, Special Page 16 Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Opa-Locka. Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The proponent, person, firm or corporation with whom the CITY has executed the Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings: The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the City and/or its Consultant and are referred to in the Contract Documents. Field Order: A written order issued by the City and/or its Consultant which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c ) a written clarification or interpretation if issued by the City and/or its Consultant or (d) a written order for minor change or alteration in the Work issued by the City and/or its Consultant. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by CITY to the apparent successful PROPONENT stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, CITY will execute and deliver the Agreement to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Project: The entire construction Project to be performed as provided in the Contract Documents. Construction Observer: An authorized representative of the City and/or its Consultant assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Page 17 Sub-contractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the City and/or its Consultant when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY. Page 18 3. PROPOSAL SCHEDULE Closing Time and Address For Proposal Delivery Proposals must be received by the office of: Office of the City Clerk 780 Fisherman 4Th Floor Opa-locka, Florida 33054 CONFIDENTIAL— DO NOT OPEN Proposal Closing Date &Time: xxxx 1:00 P.M. (local time). Bid Opening Date&Time: xxxxxx xx, 2012, 2:00 P.M. (local time). Bid Opening Location: 780 Fisherman Road, 2nd Floor Opa-locka, Florida 33054 Submissions by fax [or email] will not be accepted. 4. INFORMATION MEETING An information meeting (pre-proposal meeting) will be hosted by the City Representative on xxxxx xx, 2012 at 10 am to discuss the City's requirements under this RFP (the "Information Meeting") at City Hall, 780 Fisherman Street, second Floor, Opa-locka Florida,33054.Attendance is mandatory for all Proponents, Any proposal received that was not represented during the Information Meeting shall be disqualified. Number of Copies Proponents should submit the original plus six hard copies (seven in total) of their Proposals. 5. LATE PROPOSALS Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. 6. AMENDMENTS TO PROPOSALS Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided in the original proposals. Page 19 All inquiries related to this RFP should be directed in writing, via fax or e-mail to the person named below (the "City Representative"). Information obtained from any person or source other than the City Representative may not be relied upon. Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP, the City Representative will issue an addendum. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 7. ADDENDA If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City Website at www.Opa-lockafl.gov (the "City Website") and upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 8. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. 9. OPENING OF PROPOSALS The City intends to open Proposals in private but reserves the right to open Proposals in public at its sole discretion. 10. STATUS INQUIRIES All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 11. INSTRUCTIONS TO PROPONENTS FOR PROPOSAL SUBMISSION Page 1 10 11.1 PACKAGE Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. 11.2 FORM OF PROPOSAL Proponents shall use the Form(s) furnished by the City. Failure to do so may cause the rejection of the submittal. Removal of any of the response to the RFP may invalidate the submittal. Proponents shall deliver to the City: a) The RFP and Instructions to Proponents. b) A copy of all issued addendum. c) Seven (7) copies of the RFP response Form completely executed. d) Bid Security, (Bid Bond or cashiers check) attached to the Bid Form. e) Certificates of Competencies, State, County and City Licenses. f) Certificate of Insurance and or Letter of Insurability. The entire Bid Package shall be placed in an opaque envelope and clearly marked with the PROPONENT'S name. 11.3 ERASURE OR CORRECTIONS Bids having an erasure or corrections must be initialed by the PROPONENT in ink. Bids shall be signed in ink; all quotations shall be typewritten or printed and filled in with ink. 11.4 GUARANTIES No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the Bid proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this RFP. 11.5 MATERIAL Material(s) delivered to the City under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller's expense. Page I 11 11.6 PRICING Prices must be lump sum total price in the bid form based on the understanding of the plans and specifications. Contractor must mention all the items included in the bid. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 11.7 LIABILITY, INSURANCE, LICENSES & PERMITS Where PROPONENTS shall be required to furnish a certified copy of all licenses, Certificates of Competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Florida Building Code, Miami-Dade County or City of Opa-Locka Code. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licenses will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 11.8 CERTIFICATE(S) OF INSURANCE At the time of the Bid submission the PROPONENT must submit Certificates of Insurance, or evidence of insurability in the form of a letter from PROPONENT'S insurance carriers. PROPONENT shall indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in Article 5 of the General Conditions, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Opa-Locka shall be named as "additional insured" with respect to this coverage. 11.9 INSURANCE RATING All insurance shall be issued by companies rated A or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It shall be the responsibility of the PROPONENT and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the PROPONENT, which relate to the activities of such vendor and the City of Opa-Locka. Such notification shall be in writing, and shall be submitted to the City Manager thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the Certificate of Insurance. 11.10 BONDING REQUIREMENTS The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security. Page 112 11.11 PERFORMANCE AND PAYMENT BOND The City of Opa-Locka shall require the successful preferred PROPONENT to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-Locka as the oblige, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida and subject to the prior reasonable approval of the City. 11.12 GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful PROPONENT to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of Opa-Locka reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 11.13 AWARD OF BIDS The City of Opa-Locka reserves the right to award the bid to the lowest, most responsive, responsible PROPONENT, as determined by the City Commission, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to PROPONENTS other than the low PROPONENT. 11.14 EVALUATION OF BIDS The City, at it's sole discretion, reserves the right to inspect any/all PROPONENT'S facilities to determine its capability of meeting the requirements for the Contract. Also, price, responsibility and responsiveness of the PROPONENT, the financial position, experience, staffing, equipment, materials, references, and pass history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities and business located in Opa-locka will be taken into consideration in the Award of the Contract. 11.15 IDENTICAL (TIE BIDS) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace. That is, in the event of an identical Tie Bid, a preference shall be given to a business having a drug free workplace under Florida Statute Section 287.087, as amended. Failure to provide proof of compliance when requested shall be cause for rejection of the Bid as determined by the City. Page 1 13 11.16 HOLD HARMLESS All PROPONENTS shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a Bid, as applicable. 11.17 NON-CONFORMANCE TO CONTRACT The City of Opa-Locka may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at its expense and redelivered at its expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. 11.18 DEFAULT PROVISION In case of default by the PROPONENT or CONTRACTOR, the City of Opa-Locka may procure the articles or services from other sources and hold the PROPONENT or CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 11.19 INDEMNIFICATION The CONTACTOR shall indemnify, save harmless, and defend the City of Opa-Locka, its officers, agents and employees from and against any claims, demands or causes of action of any nature arising out of error, omission, negligent act, conduct, or misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and/or from any procurement decision of the CITY including without limitation, awarding the Contract to the CONTRACTOR. 11.20 SECONDARY/OTHER VENDORS The CITY reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 11.21 BID GUARANTEE The successful PROPONENT shall execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. Any PROPONENT who has the Contract awarded to him and who fails to execute the Contract and furnish the Performance and Payment Bonds and Insurance Certificates within the specified time shall, at the City's sole Page 114 option forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the PROPONENT fails to enter into the Contract and furnish the Bonds as herein before provided, it being agreed that actual damages would be impossible to determine, Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 11.22 TIME OF COMPLETION The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. The time allowed for the completion of the work shall be as stated in the Bid Form. There shall be a $1500 charge per day liquidated damages for delay for every day that the project is not completed per the agreed upon schedule; the parties acknowledging that said amount represent fair and reasonable liquidated damages for delay or the actual damages are difficult or impossible to determine. 11.23 SIGNATURE The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a)If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venture should be included, and each partner or joint venture should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venture is a corporation then such corporation should sign as indicated in subsection (a) above; or (c)If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. Page 1 15 12.EVALUATION AND SELECTION 12.1 EVALUATION TEAM The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. 12.2 EVALUATION CRITERIA The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) EXPERIENCE & REFERENCES The City will consider the proponent's past experience in undertaking similar projects in type, scope, and budget and complexity: 20 pts. The Evaluation Team will consider the Proponent's organization and proposed project team past experience in undertaking similar construction projects in type, scope, budget and complexity. Proponent shall identify it's past experience for providing Services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed: • Project name, location, contract delivery method, and description • Original and Final construction costs • Final project size in liner feet of alignment • Name of Project Manager • Names and Address of Subcontractors • References (for each project listed above, identify the following): The Owner's representative, Architect/Engineer's name and telephone number. All information shall be considered relevant based on specific project participation and experience with the respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFP process. (b) LOCAL WORK FORCE PARTICIPATION The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with Opa-locka based businesses: 5 pts. Page 1 16 (c) PRICE PROPOSAL The City will consider the proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards: 75 pts. The Evaluation Team will consider the Proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards. The Evaluation Team will consider the Proponent's responses to attached questionnaires and all other forms and documents being a part of this RFP and Proponent's submittal. Items a and b will comprise a technical review as further described in this RFP. Item c will represent the price proposal. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 13.DISCREPANCIES IN PROPONENT'S FINANCIAL PROPOSAL If there are any obvious discrepancies, errors or omissions in the Price Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: (a) If there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) If a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; and, (c) If an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity. (d) The Proponent agrees to be bound by the City's calculations pursuant to paragraphs (a) through (c) of this section 1.3 Page 1 17 14.LITIGATION In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 15.ADDITIONAL INFORMATION The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 16.INTERVIEWS The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. 17.NEGOTIATION OF CONTRACT AND AWARD If the City selects a Preferred Proponent or Preferred Proponents, then it may: (a) enter into a Contract with the Preferred Proponent(s); or (b) enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the Preferred Proponent(s) will finalize the Contract(s); or (c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. Page 1 18 The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do nothing. 18.GENERAL CONDITIONS 18.1 NO CITY OBLIGATION This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 18.2 PROPONENTS' EXPENSES Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 18.3 NO CONTRACT By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. 18.4 CONFLICT OF INTEREST Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, Proponents should provide all pertinent information regarding ownership of their company within forty-eight (48) hours of the City's request. 18.5 SOLICITATION OF COMMISSION MEMBERS Proponents and their agents will not contact any member of the City Commission or City staff with respect to this RFP at any time prior to the award of a contract or the termination of this RFP, and the City may reject the Proposal of any Proponent that makes any such contact. 18.6 CONFIDENTIALITY All submissions become the property of the City and will not be returned to the Proponent. The City will hold all submissions in confidence unless otherwise required by law. Page 1 19 Proponents should be aware the City is a "public body" defined by and subject to the Freedom of Information and Protection of Privacy Act of the State of Florida 19.SCOPE OF WORK The Construction Team shall be responsible for obtaining all required permits, and constructing the Rutland Street Drainage Improvements. Additional Specific requirements of the project are as follows: A. Provide milling and resurfacing for full width of the road over the entire length of the drainage . B. Base shall be a minimum of 8" Limerock with LBR 100. Lifts shall not exceed 4" during work. C. Asphalt shall be minimum of 1-1/2" structural course S-1 and 1" friction course FC-3 D. All striping must be thermoplastic. E. Signs and traffic controls shall be per the Manual on Uniform Traffic Control Devices and Miami Dade County standards F. Swale areas shall be seeded upon completion of work G. All other disturbed areas (i.e. driveway, or sidewalks, fence, gates) shall be fully restored. Grass species shall match existing species. H. Construction Teams shall be responsible to secure any environmental permits from DERM and other agencies I. Construction Team will be responsible for all required testing including, but not limited to, NPDES water quality monitoring, geotechnical, and material testing. J. Contractor shall be responsible to provide adequate maintenance of traffic and re- route traffic during construction. In addition, because of the school proximity, during school traffic hours, flag men shall be provided to ensure safety of the general public. K. The City's Noise ordinance restricts working hours to 8AM to 5PM Monday thru Friday. The Contractor shall perform the complete work described herein or reasonably inferable therefrom, including all demolition and construction services, supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for the completion of the work. Page 120 Page 121 � )D • �4po nn*C7/' RFP NO: 11-XXXXXXX PROPOSER QUALIFICATIONS The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation ( ) Partnership ( ) Individual ( ) 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-Locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Contractors, in the sole opinion of the City of Opa-Locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page 122 IU D • iY '/} /b y� RFP NO: 11-XXXXXXX PRICE PROPOSAL FORM PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of the Work complete in place. Contractor's price will not be adjusted unless the CITY changes the scope of the Project after the Contract Date. As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Proposed Price of: LUMP SUM PRICE: $ ( DOLLARS AND CENTS) 1. The ENTIRE WORK shall be completed, in full, within calendar days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as indicated in 18.23. 2. Communications concerning this Bid shall be addressed to: PROPONENT: Address: Telephone: Facsimile: Attention: 3. The terms used in this RFP which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY OF 2012. BID SUBMITTED BY: Page 123 Company Telephone Number Name of Person Authorized to Submit Fax Number Bid Signature Email Address Title Page 124 OQP_LOCka_ 04 p, RFP NO: 11-XXXXXXX BID BOND PROJECT NAME: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal, and , as Surety, are held and firmly bound unto the City of Opa- Locka, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 2012 for the Project. WHEREAS, it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the PROPONENT would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written Notice of Award. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written Notice of Award, enters into a written Contract with the City of Opa-Locka and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Opa-Locka and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Page 125 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 2012, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (Seal) (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Phone) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Surety Seal IMPORTANTSurety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. Page 126 Oe.-L On,4 O4 n lo. p R F P NO: 11-XXXXXXX CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OFRESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1- B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). Page 127 This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non- responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONTRACTOR COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 128 2� 92 RFP NO: 11-XXXXXXX NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) being first duly sworn, deposes and says that: (1) He/She/They is/are the of (Owner, Partner, Officer, Representative or Agent) the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed,sealed and delivered in the presence of: Witness Signature Witness Print Name and Title (Date) Page 129 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the day of , 2012, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 130 moe " v, w 49 . O4POwai40 DRUG-FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature Page I 31