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HomeMy Public PortalAbout18-9496 Authorizing the Issuance of RFP for 18 Inch Clay Gravity Sewer Sponsored by: City Manager RESOLUTION NO. 18-9496 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR AN EIGHTEEN (18) INCH CLAY GRAVITY SEWER MAIN ON BAHMAN AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") needs to replace an eighteen (18) inch clay gravity sewer main on Bahman Avenue from Dunad Avenue (Manhole 11A-51) to Pump Station 11A (Manhole 11A-72); and WHEREAS, in accordance with State Law and the City Code of Ordinances, the City intends to utilize prices submitted through a competitive bidding process to identify and engage a responsive and responsible vendor to provide the replacement sewer main; and WHEREAS, the City Commission desires to have the City Manager issue a RFP substantially in the form attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorizes the City Manager to issue a RFP for an eighteen (18) inch clay gravity sewer main on Bahman Avenue. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 23rd day of May, 2018. Resolution No. 18-9496 ra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: I lk.QA)---) Joa cI a Flores THE BROWN LAW GROUP, LLC City lerk City Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER PIGATT Commissioner Vote: 4-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NOT PRESENT CITY OF OPA-LOCKA t7 ?09 F•r . • i-` r r1 ��aoRA- CP RFP NO: 18-XXXXXXX REQUEST FOR PROPOSALS 18" Sewer Main Replacement Page I 1 Table of Contents ADVERTISEMENT FOR REQUEST FOR PROPOSALS 4 1.1 SCOPE OF SERVICES 5 1.2. DEVELOPMENT COSTS 5 1.3. INQUIRIES 5 1.4.ADDENDUM 5 1.5. CONTRACT AWARDS 5 1.6.CONTRACTUAL AGREEMENT 6 1.7.SELECTION PROCESS 6 1.8. PUBLIC RECORDS 6 1.9. LICENSES 6 1.10. PUBLIC ENTITY CRIMES 6 1.11. CODE OF ETHICS 7 1.12. CONE OF SILENCE 7 1.13. PERMITS AND TAXES .7 1.14. PROTESTS 7 1.15. INSURANCE 7 1.16. BID BOND 9 1.17. PERFORMANCE BOND 9 1.18. INDEMNIFICATION 9 1.19. RISK OF LOSS, DESTRUCTION,OR DAMAGE .9 1.20. NON-COLLUSION AFFIDAVIT 9 1.21.TERMINATION FOR CONVENIENCE 10 1.22. PROPOSAL SCHEDULE 10 1.23. LATE PROPOSALS 10 1.24.ADDENDUM 11 1.25. OPENING OF PROPOSALS 11 1.26. CITY RIGHTS 11 1.27. PROPOSAL SUBMISSION FORM AND CONTENTS 11 1.28. COMPANY PROFILE EXPERIENCE AND PROPOSAL 11 1.29. REFERENCE 12 1.30. EVALUATION AND SELECTION 12 Page 12 1.31. LITIGATION 12 1.32. GENERAL CONDITIONS 13 PROPOSER QUALIFICATIONS 14 CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 15 DRUG-FREE WORKPLACE CERTIFICATION FORM 17 NON-COLLUSION AFFIDAVIT 18 NON-DISCRIMINATION AFFIDAVIT 19 PROPOSAL BID FORM 20 Page 13 oQLoCNa >/ 9 a Gj w ;D QQ"O"AtE CITY OF OPA-LOCKA ADVERTISEMENT FOR REQUEST FOR PROPOSALS RFP NO: 18-XXX0000C 18" Sewer Main Replacement Design Build Proposals (bids) for the replacement of an 18" clay gravity sewer main as per the attached diagram (Exhibit A), will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman, 4th Floor, Opa-locka, Florida 33054. The Proposals (Bids) are due on Thursday, XXXXX 2018 by 1:00 p.m. Any proposals (bids) received after the designated closing time will be returned unopened. The purpose of this Request for Proposals (bids) is to seek service of a qualified professional contractor or registered engineering firm to provide design build services to the City of Opa-locka for sewer pipe replacement on Bahman Avenue from Dunad Avenue (Manhole 11A-51)to Pump Station 11A (Manhole 11A-72). An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF format shall be submitted all in sealed envelopes/packages addressed to Joanna Flores, CMC, City Clerk, City of Opa-locka, Florida, and marked Design Build Services for 18" Sewer Main Replacement. Bidders 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: XXXXXXXXXXX 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 RFPs can also be obtained by visiting www.demandstar.com. Pre-Bid meeting on XXXXXXX, 2018 at 10:30 am at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida 33054. The City will award the Contract to the lowest, responsive, and best responsible bidder. The City reserves the right to award the Contract deemed to be in the best interest of the City, waive any informality in any proposal or reject any and all proposals. Pricing will be weighed heavily on selecting the bidder, but will not be the sole defining factor. Innovative design as well as local job creation will be seriously considered. The City further reserves the right to award the contract to that bidder whose proposal best complies with the RFP NO: XXXXXXXXXXX requirements. Bidders may not withdraw their proposal for a period of ninety(90)days from the date set for the opening thereof. Joanna Flores, CMC, City Clerk Dated: Published: Page 14 1.1 SCOPE OF SERVICES The City of Opa-locka is requesting proposals from certified underground utility contractors to provide pipe dewatering and other materials needed to make the repair.This infrastructure failure has caused the driveway and roadway adjacent to the pump station to fail; restoration of these areas is also a part of this request. 1.2. 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 Proposal. 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. 1.3. INQUIRIES 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 so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to what is contained in the written RFP document. 1.4.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 three(3)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 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 through written communication prior to the opening of the proposals. 1.5.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 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 anticipates that the final Agreement will be in substantial conformance with this sample Agreement; nevertheless, Proposers are advised that any Agreement may result from the RFP may deviate from the Sample Agreement. The City reserves the right to reject all proposals,to abandon the project and/or to solicit and re-advertise for other proposals. Page 15 1.6.CONTRACTUAL AGREEMENT This RFP and Consultant/Contractor proposal 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. 1.7.SELECTION PROCESS The proposals will be evaluated and assigned points.The company with the highest number of points will be ranked first; however,nothing herein will prevent the City from assigning work to any firm deemed responsive and responsible. The City reserves the right to further negotiate any proposal, including price, 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. 1.8. 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. 1.9. LICENSES Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 1.10.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 proposal forms, Proposer attests that they have not been placed on the"Convicted Vendor List". Page 16 1.11.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. 1.12.CONE OF SILENCE Proposers are hereby advised that this RFP is subject to the"Cone of Silence", in accordance with Ordinance 98-106. From the time of advertising until the City Manager issues a recommendation,there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-proposal conference, public presentations made to the City Commissioners during any duly notices public meeting,or communications in writing at any time with any city employee, official, or member of the City Commissioners unless specifically prohibited herein.A copy of all written communications must be filed with the City Clerk,at the address as listed in Section 1.4 herein.Among other penalties,violation of these provisions by any particular bidder shall render any Bid ward to said bidder voidable. 1.13. 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. 1.14. PROTESTS Protests of the plans,specifications,and other requirements of the request for proposal and bids must be received in writing by the City Clerk's Office at least 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. 1.15. INSURANCE General Liability The Vendor(contractor)shall furnish, pay for,and maintain during the life of this contract,such general liability insurance to protect the City,the Contractor,and any of his/her subcontractors who may be performing any work under the terms and provisions of this contract from claims for damages or bodily injury, including accidental death,as well as from claims for this contract whether such operations as may be performed by the Vendor or by any sub-contractor or by any other party directly or indirectly employed by either the Vendor or the sub-contractor. The Vendor's insurance coverage shall include General Liability,Automobile Liability, Professional Liability and Worker's Compensation and Employer's Liability.The General Liability shall be the Comprehensive Page 17 form including the categories of: Premises and Operations, Underground and Collapse Hazard, Products and Completed Operations, Contractual, Independent Vendors, Broad Form Property Damage,and Personal Injury in the minimum amounts of$500,000 for combined Bodily Injury and Property Damage. The Proposer's comprehensive general liability policy shall include contractual liability on a blanket or specific basis to cover this indemnification.Such insurance shall be written by a company licensed to do business in the State of Florida and satisfactory to the City. Prior to commencing any work under the contract,certificates evidencing the maintenance of said insurance shall be furnished to and approved by the City's Risk Manager. The Certificate of Insurance shall show the City of Opa-locka as an additional insured party to the Vendor, shall show that all sub-contractors or any other party directly or indirectly employed by either the Vendor or the sub-contractor as additional insured party(s)and shall also show the City of Opa-locka as the Certificate Holder.The Certificate Holder shall be notified a minimum of 30 days prior to any cancellation of policy which may occur prior to the policy expiration date contained on the Certificate of Insurance. The Worker's Compensation and Employer's Liability shall be in conformance with current State of Florida Statutory requirements. Business Automobile Liability The Vendor shall maintain,for the life of the contract, Business Automobile Liability Insurance, if applicable. The minimum limits of coverage shall be$500,000 per occurrence,Combined Single Limit for Bodily Injury Liability and Property Damage Liability.This coverage shall be an"Any Auto"type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office(ISO). Professional Liability The Vendor shall procure and maintain for the life of this contract, Professional Liability Insurance.This insurance shall provide coverage against such liability resulting from this contract/project.The minimum limits of coverage shall be$500,000 per occurrence with deductible or self-insured retention (SIR) indicated. The Vendor shall defend, indemnify,save and hold the City harmless from any and all claims,suits, judgments,and liability for death, personal injury, bodily injury,or property damage arising directly or indirectly from the performance by the Vendor, its employees,subcontractors,or assigns, including legal fees, court costs,or other legal expenses.Vendor acknowledges that it is solely responsible for complying with the terms of this RFP. In addition,the Vendor shall,at its expense,secure and provide to City, prior to beginning performance under this RFP,insurance coverage as required in this RFP. Proof of Insurance The contractor shall furnish the City with satisfactory proof of carriage of all insurance required by this RFP. Any party providing services or products to the City will be expected to enter into a written agreement, contract,or purchase order with the City that incorporates,either in writing or by reference,all of the pertinent provisions relating to insurance and insurance requirements as contained herein.A failure to do so may,at the sole option of the City,disqualify any bidder or proposer of services and/or products to the City. Page 18 1.16.BID BOND Each proposal must be accompanied by a bid bond or certified check in the amount of ten percent(10%), stated in dollars,of the amount of the total bud cost. 1.17.PERFORMANCE BOND Prior to the execution of the contract,the successful bidder will be required to furnish a 100% Performance Bond. Each bid must be accompanied by an officer signed surety from an approved surety company that is licensed to conduct business in the State of Florida.The Consent of Surety shall state that the surety company in question unconditionally agrees to furnish the required performance bond for the full amount of the contact. Each Consent of Surety must include the surety's most recent available financial statement. Failure to provide the required Consent of Surety at the time of proposal submission shall preclude the bid from being considered. 1.18.INDEMNIFICATION The work performed by the vendor shall be at the risk of the vendor exclusively.To the fullest extent permitted by law,the vendor shall indemnify,defend(at the vendor's sole expense)and hold harmless the owner,joint ventures, representatives, members,designees, officers,directors,employees,agents, successors and assigns ("indemnified parties")from and against any and all claims for bodily injury,death or damage to property,demands,damages,actions,causes of actions,suits, losses,judgments, obligations and any liabilities,costs and expenses(including but not limited to investigative and repair costs,attorney's fees and costs)("claims")which arise or are in any way connected with the work performed, materials furnished,or services provided under this agreement by the vendor or its agents. These indemnity and defense obligations shall apply to any acts or missions, negligent or willful misconduct of the supplier, its employees,or agents,whether active or passive.The vendor shall not be obligated to indemnify or defend the owner for claims found to be due to the sole negligence or willful misconduct of the indemnified parties.The vendor's indemnification and defense obligations hereunder shall extend toclaims occurring after this agreement is terminated as well as while it is in force,and shall continue until it is finally adjudicated and any and all actions against the indemnified parties for such matter which are indemnified hereunder are fully and finally barred by applicable laws. 1.19.RISK OF LOSS, DESTRUCTION,OR DAMAGE The City will not be responsible for any theft,destruction of, or damage to equipment from any cause,with the exception of negligence or willful acts by an employee(s)or agent(s)of the City. 1.20. NON-COLLUSION AFFIDAVIT The vendor,in accordance with Miami-Dade County requirements, must sign an affidavit of non-collusion which has been attached hereto.This document must be signed and returned with the bid response. Page 9 1.21.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 for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 1.22. PROPOSAL SCHEDULE The following Schedule of Key Events and Dates represents the City's best estimate of the schedule that shall be followed.The City reserve the right,at its sole discretion,to adjust this schedule as it deems necessary. The City will make a good faith effort to notify potential vendors of adjustments to the Schedule; however, ultimate responsibility for obtaining notice of changes in the Schedule of Key Events lies with the potential vendors. KEY DATES RFP Release date Thursday,XXX)0OO(XX,2018 Mandatory Pre-Bid Meeting Thursday,)00000 0(XX,2018 Proposal Submission Date&Time Friday,)0000000(X,2018 Address for RFP Package Delivery Proposals must be received by the office of: Office of the City Clerk 780 Fisherman Street 4th Opa-locka, Florida 33054 CONFIDENTIAL—DO NOT OPEN 1.23. 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. Firms submitting proposals are fully responsible for their delivery. Reliance upon mail or mail carriers is at the firm's risk. Page 110 1.24.ADDENDUM 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.Opalockafl.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. 1.25.OPENING OF PROPOSALS The City intends to open Proposals in public. 1.26.CITY RIGHTS CITY reserves the right to reject any or all proposals and to waive any informality in proposals received. CITY also reserves the right to reject proposals from companies who have previously failed to perform properly or complete on time contracts for the CITY,or a proposal where investigation shows that the proposing company is not in a position to successfully perform the contract, in the judgment of CITY. CITY reserves the right to reject a proposal, regardless of price and conditions,where the proposed terms and/or conditions are deemed unacceptable to CITY.This Request for Proposals does not commit CITY to award a contract,to pay for any costs incurred in preparation of a proposal, nor contract for services 1.27.PROPOSAL SUBMISSION FORM AND CONTENTS In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein.The proposal must name all persons or entities interested in the proposal as principals.The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 1.28.COMPANY PROFILE EXPERIENCE AND PROPOSAL The contractor(s)shall provide a description of the history and background of the business,copy of the license to do business in the state of Florida, identification of the services provided to municipalities in Florida.The following information shall be included in the response: 1)Legal name and address of the firm.Indicate if the company is a corporation,partnership,etc.Also indicate if any part of the project work will be subcontracted;and if so,to whom. Provide a brief summary of the firm's size and structure of its organization,the number of full-time employees and the number of years the firm has been in the business of conducting the described services. 2)Contact names,addresses,and telephone numbers of three(3)financial and professional references. 3)Names and resumes of all key personnel proposed for this assignment.The City is particularly interested in the person(s)who will be assigned as the local company representative. 4)A detailed description of how the contract will be managed.We are very interested in high quality local representation on the part of the Contractor. Page 111 5)A detailed description of the firm's knowledge,qualifications, and experience in transit advertising utilizing various forms of media. 6)A sample of the rate sheet for this market. 7)Sample reports for this project(i.e. monthly and quarterly revenue reports,advertising activity,etc.) 8) Provide the bid to be paid to the contractor to perform Roofing Services&Roofing Material Services as identified at this site. 9) Provide a copy of the proposing firm's most recent audited financial statements. 1.29.REFERENCE The Proposer must provide references from at least two(2)clients for whom the related Sewer Main Projects were provided by the respective contractor.The references should include the name, physical address,email address and telephone number of a contact person for each reference cited. 1.30.EVALUATION AND SELECTION 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 it is required.The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. Proposals will be evaluated and negotiated in accordance with the evaluation criteria described herein. Subject to the CITY's right to reject any or all proposals,the Proposer whose proposal is found, in CITY's sole discretion,to be most advantageous to the CITY will be selected.The City will select the proposal that offers the best service plan and terms for the CITY. Therefore,contractors are encouraged to submit proposals that provide their best possible service and compensation guarantee to the City.Award of the Contract is not valid until authorized by the CITY Board of Commissioners. CITY will employ a structured,competitive evaluation process.All written proposals will be reviewed and scored based on how well they address the specific needs of the City as outlined in this RFP. CITY's evaluation team will review the technical proposals individually and meet as a group.The evaluation team meeting will be open to the public. 1.31. 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 Page 112 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. 1.32.GENERAL CONDITIONS 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 I Request,sole source or do nothing. 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. Page 113 RFP NO: 18-XXXXXXX 18" Sewer Main Replacement PROPOSER QUALIFICATIONS The Proposer,as a result of this proposal, MUST hold a County and/or Municipal Consultant'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 Consultants, 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 114 ..LOC.), 0 a F; x- 29 c�awaRp6v�R CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 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). 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 nonresponsive. Page 115 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 CONSULTANT COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 116 OQP.tOCK4 CITY OF OPA-LOCKA 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 117 OQp.tOCk4 .a 0 �< 2CORhowaT6 02 CITY OF OPA-LOCKA 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 (Owner, Partner, Officer, Representative or Agent) of 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: By: Witness Signature Witness Print Name and Title Page 118 OQp.LOQk4 OF 9 0 a y°o �✓^Aro ApoRA.0 NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn,depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations,activities or delivery of services under any agreement it enters into with the City of Opa-locka.The same shall affirmatively comply with all applicable provisions of federal,state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race,age,religion,color,gender,sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of ,20 Notary Public,State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE AND RETURN THIS AND ALL FORMS MAY DEEM YOUR BID NON-RESPONSIVE Page 119 Opp-.LOCk4 6, w ;4 V$ a** A 0.1 o4`'ogatEa 18" Sewer Main Replacement PROPOSAL BID FORM Vendor Name: Fixed cost bid: $ We.the undersigned, hereby propose and agree to furnish to the City of Opa-locka all work as defined in the RFP.This proposal is subject to all terms of the specifications and bid conditions,and we hereby agree to furnish such items as may be awarded to us. Authorized Signature Date Print Name Telephone Number Title Email Address Page 120 C 0 E u .. . c2 zi; et .0- 0 ,, •- (I) 0_ , cl) z ._ 0 ..- = a) U3 -0 a) c 3 I i v g u) ca a) c 2 ci) • co a) -° ) i i -.• ca 1,13 2, 2 1 2 '2 a ... ... 0_ ,T, . .; ; r , 6- CI: LU lil *...., .. .c.c 4....., — 1 c *,,,:;',;/' ' ..Ay peuna i ' t. 1 = 1 . 101 U > 0 0 - 0- ......*— ii■Z V ,..CC) I-. 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