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