HomeMy WebLinkAboutRequest for ProposalCity of Doral
Request for Proposal
Catch Basin Maintenance
Program
RFP #2013-32
TABLE OF CONTENTS
1.0 GENERAL CONDITIONS 5
2.0 SPECIAL CONDITIONS 14
3.0 TECHNICAL SPECIFICATIONS 23
4.0 PROPOSAL/BID FORM 28
5.0 REQUIRED FORMS & DELIVERABLES 32
EXHIBIT A: INSURANCE
EXHIBIT B: AGREEMENT
PDF ATTACHMENTS:
• Doral Street Map (Road Allocation Map)
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City of Doral
Request for Proposal
Catch Basin Maintenance Program
RFP #2013-32
NOTICE: Pursuant to the City of Doral Procurement Ordinance, sealed proposal for
consideration to provide the services detailed in the scope of services listed below shall be
received by Joe Carollo, City Manager, City of Doral, 8401 NW 53rd Terrace, Doral, Florida 33166
until 11:00 am on January 15, 2014. The submittals shall be clearly marked "Catch
Basin Maintenance Program, RFP #2013-32".
All submittals shall be publicly opened and recorded on January 15, 2014 at 11:00 am. Late
submittals shall not be accepted or considered. A mandatory pre-bid meeting shall be held on
Friday, December 20, 2013 at 11:00 a.m. at Doral Government Center, Third Floor Training
Room.
Respondents are to deliver One (1) original and three (3) copies in separate 3 ring binders of
the submittal statements of qualifications and experience and other pertinent information for
consideration, as indicated in this Request for Proposal. In addition, respondents are to deliver
two (2) CDs containing a PDF copy of all materials submitted in the proposal. No proposal
will be accepted without this requirement.
The City of Doral reserves the right to accept any proposal deemed to be in the best interest of
the City or to waive any informality in any submittal. The city may reject any or all proposals
and re -advertise.
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PROJECT OVERVIEW
The City of Doral desires to retain the services of a licensed contractor for the purpose of
providing storm drainage system cleaning services. Contractor shall furnish all labor, materials,
and equipment necessary for the cleaning of City owned/operated storm drainage system
throughout the municipal boundaries as more particularly described herein. Services shall be
provided on a Per Unit Price basis as indicated in the Proposal form. Through a Request for
Proposal process described herein, licensed contractors interested in assisting the City with the
provision of such services must prepare and submit a proposal packet in accordance with the
procedure and schedule in this RFP. The City will review submittals only from those contractors
that submit an RFP packet which includes all the information required to be included as
described herein.
The City intends to award a contract for Catch Basin Maintenance to the contractor that:
possesses qualified man power, equipment, administrative capabilities to provide the proposed
services, possesses previous experience on this type of work and provides the best offer and
prices deemed to be the greatest benefit to the City.
It is the intent of the City to award a contract for an initial two (2) year terms with an option to
renew for two additional one (1) year periods for a possible total of four (4) years, subject to
cancellation as provided herein. The City may exercise such advance written notice of its
intention to renew prior to the expiration of the then current term.
All questions or comments should be directed to the following email at
procurement@cityofdoral.com. Inquiries must reference Catch Basin Maintenance Program,
RFP #2013-32in the subject line. No phone calls will be accepted in reference to this RFP. Any
communications regarding matters of clarification must be made in writing to the email address
listed above. In the event that it become necessary to provide additional clarifying data or
information that revises any part of this RFP, supplements or revisions will be made available
via written addendum.
Solicitations may be found via the City of Doral website, www.cityofdoral.com, under
Procurement Division. To obtain the solicitation interested parties must follow the link and
register to be able to download the document.
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SCHEDULE OF EVENTS
Mandatory Pre-Bid/Proposal Meeting:
Deadline for Written Questions:
Deadline for Submittal and Proposal Opening
11:00 a.m. EST, Friday, December 20, 2013
5:00 p.m. EST, Wednesday, January 8, 2014
11:00 a.m. EST, Wednesday, January 15, 2014
City of Doral, Government Center
8401 NW 53`d Terrace
Doral, FL 33166
For directions call (305) 593-6725
The City reserves the right to delay or modify scheduled dates and will notify Proposers of all
changes in scheduled dates.
SECTION 1- GENERAL CONDITIONS
nFFINITinNC
We/Us/Our/City
These terms refer to the City of
Doral, Florida, a duly organized
public entity. They may also be used
as pronouns for various subsets of
the City organization including, as
content will indicate.
Procurement Division
The Division responsible for handling
procurement -related issues within
the City.
Departments
The City Department(s) and offices
for which this solicitation is
prepared, which will be the end user
of the goods and/or services sought.
Authorized Representative
The user Department's Contacts for
interaction regarding contract
administration.
You/Your
The term refers generally to the
other person or entity which is a
party to this agreement, or any of
their subsidiaries, affiliates offices,
employees, volunteers,
representatives, agents or
subcontractors. The term may apply
differently to different classes of
entities, as the context will indicate.
For instance, "you" as a Bidder will
have different obligations than
"you" as a Successful Bidder will
have upon awarding of this contract.
Proposer/Respondent/Bidder
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Any business entity submitting a
response to this solicitation.
Successful
Proposer/Respondent/Bidder
The Bidder whose response to this
solicitation is deemed to be the
most advantageous to the City. A
Bidder/Proposer will be approved
for award by the City Council, and a
contract will be executed for the
provisions of the goods and/or
services specified in the ITB/RFP and
a Notice of Commencement will be
issued.
(iii) Bid/RFP
The written, sealed document
submitted by the Bidder according
to the ITB/RFP instructions. A
response to this ITB/RFP shall not
include any verbal interactions with
the City apart from submittal of a
formal written submittal.
1.2 CLARIFICATION
Questions regarding this ITB/RFP shall be
directed in writing by email, to the
Procurement Contact email address
specified on the title page. Answers, citing
the question but not identifying the
questioner, will be distributed
simultaneously to all known prospective
Bidders.
(i) Written Addenda
If it becomes evident that this
ITB/RFP must be amended, we will
issue a formal written addendum to
all registered prospective Bidders via
email notification. Addendum will be
uploaded to the City's Procurement
webpage If necessary, a new Bid
opening date may be established by
addendum.
1.3 COST OF PREPARATION
The City will not be responsible for any
expenses incurred by the Bidders for the
preparation of Bid related to this
procurement, or for conduct of any
negotiations related to potential award of
the Contract.
1.4 EXAMINATION OF DOCUMENTS
The Bidder/Proposer must thoroughly
examine each section. If there is any doubt
or obscurity as to the meaning of any part
of these conditions, the Bidder may request
clarification by written request to the
Procurement Division. Interpretations or
clarification in response to such questions
will be issued in the form of a written
addendum, emailed to all parties recorded
by the City's Procurement Division as having
received the Bid documents. No person is
authorized to give oral interpretations of, or
make oral changes to the bid. The issuance
of a written addendum shall be the only
official method whereby such an
interpretation or clarification is made.
1.5 PUBLIC RECORDS
Upon award recommendation or ten (10)
days after the bid/rfp opening, whichever is
earlier, any material submitted in response
to this Invitation to Bid will become a
"Public Record" and shall be subject to
public disclosure consistent with Chapter
M
119, Florida Statutes (Public Record Law).
Bidders must claim the applicable
exemptions to disclosure provided by law in
their response to the Invitation to Bid by
identifying materials to be protected and
must state the reasons why exclusions from
public disclosure is necessary and legal. The
City reserves the right to make any final
determination on the applicability of the
Public Records Law.
1.6 WITHDRAWAL OF BID/RFP
A Bidder may, without prejudice, withdraw,
modify, or correct the Submittal after it has
been deposited with the City, provided the
request and any subsequent modifications
and/or corrections are filed with the City in
writing before the time for opening
Bids RFP. The original Submittal as
modified by such writing will be considered
as the Submittal Bid submitted by the
Bidder/Proposer. No oral bid modifications
will be considered.
1.7 RIGHT TO REJECT ANY AND/OR ALL
BIDS
The City reserves the right to reject any
and/or all Bids or sections thereof, and
waive any technicalities. As a matter of
information, the City Council does not bind
itself to accept the minimum specifications
stated herein, but reserves the right to
accept any Bid, which, in the judgment of
the City, will best serve the needs and
interests of the City. This offering of
Invitation to Bid itself does not in any way
constitute a contractual agreement
between the City of Doral and the Bidder.
However, the contents of the offered
document, as well as the proposed
documents may be used for details of the
actual agreement between the Bidder and
the City of Doral. Furthermore, the City
reserves the right to award without further
discussion.
1.8 GOVERNMENTAL RESTRICTIONS
In the event that any governmental
restrictions are imposed which would
necessitate alteration of the performance
to the services offered in this bid prior to
delivery, it shall be the responsibility of the
Bidder to notify the City at once. The City
reserves the right to accept the alteration
or cancel the Contract at no expense to the
City.
1.9 SUBMISSION OF PROPOSAL
(i) Incurred Expenses
The City is not responsible for any
expenses which Proposer may incur
preparing and submitting bids called
for in this RFP.
(ii) Interviews
The City reserves the right to
conduct personal interviews or
require presentations prior to
selection. The City will not be liable
for any costs incurred by the
Bidder/Proposer in connection with
such interviews/ presentations (i.e.
travel, accommodations, etc.).
(iii) Request for Modifications
The City reserves the right to
request that the Proposers/
Bidder(s) modify a proposal/bid to
more fully meet the needs of the
City.
(iv) Bid/RFP Acknowledgment
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By submitting a bid, the Bidder
certifies that he/she has fully read
and understands the bid method
and has full knowledge of the scope,
nature, and quality of work to be
performed.
(v) Acceptance/Rejection/Modification
to Bids
The City reserves the right to
negotiate modifications to bids that
it deems acceptable, reject any and
all bids, and to waive minor
irregularities in the submittals.
(vi) Bid/RFP Submittals Binding
All bids submitted shall be binding
for three hundred sixty-five (365)
calendar days following opening.
(vii) Alternate Bids
An alternate bid will not considered
or accepted by the City.
(viii) Economy of Preparation
Bids should be prepared simply and
economically, providing a
straightforward, concise description
of the Bidders ability to fulfill the
requirements of the bid.
(ix) Proprietary Information
In accordance with Chapter 119 of
the Florida Statutes (Public Records
Law), and except as may be
provided by other applicable State
and Federal Law, all Bidders should
be aware that Request for
Proposals/ Qualifications/ Invitation
to Bid and the responses are in the
public domain. However, the
Bidders are required to identify
specifically any information
contained in their proposal which
they consider confidential and/or
proprietary and which they believe
to be exempt from disclosure, citing
specifically the applicable exempting
law.
All bids/proposals received from
Bidders/Proposers in response to
this Invitation to Bid will become the
property of the City of Doral and will
not be returned to the Bidder. In the
event of contract award, all
documentation produced as part of
the contract will become the
exclusive property of the City.
1.10 COMPLIANCE WITH ORDERS AND
LAWS
Successful Bidders/Proposers shall comply
with all local, state, and federal directives,
ordinances, rules, orders, and laws as
applicable to this ITB/RFP and subsequent
contracting including, but not limited to:
Executive Order 11246 (which prohibits
discrimination against any employee,
applicant, or client because of race, creed,
color, national origin, sex, or age with
regard to, but not limited to, employment
practices, rate of pay or other
compensation methods, and training.)
Occupational, Safety and Health Act
(OSHA)
The State of Florida Statutes Section
287.133(3)(A) on Public Entity Crimes
Environment Protection Agency (EPA)
Uniform Commercial Code (Florida
Statutes, Chapter 672)
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American with Disabilities Act of 1990, as
amended
National Institute of Occupational Safety
Hazards (NIOSH)
National Forest Products Association
(NFPA)
State of Florida Department of
Transportation- Rule 14-90, Florida Admin.
Code
U.S. Department of Transportation
City of Doral, City Ordinance No. 2004-03
Cone of Silence, City Provision Code
The State of Florida Statutes Sections
218.73 and 218.74 on Prompt Payment
Bidder, Proposer or Vendor hereby
recognizes and certifies that no elected
official, board member, or employee of the
City of Doral (the "City") shall have a
financial interest directly or indirectly
in this transaction or any compensation to
be paid under or through this transaction,
and further, that no City employee, nor any
elected or appointed officer (including City
Board members) of the City, nor any
spouse, parent or child of such employee or
elected or appointed officer of the City, may
be a partner, officer, director or proprietor
of Bidder or Vendor, and further, that no
such City employee or elected or appointed
officer, or the spouse, parent or child of any
of them, alone or in combination, may have
a material interest in the Vendor or Bidder.
Material interest means direct or indirect
ownership of more than S% of the total
assets or capital stock of the Vendor or
Bidder/Proposer. Any exception to these
above described restrictions must be
expressly provided by applicable law or
ordinance and be confirmed in writing by
City. Further, Bidder, Proposer or Vendor
recognizes that with respect to this
transaction or bid, if any Bidder, Proposer
or Vendor violates or is a party to a
violation of the ethics ordinances or rules of
the City, the provisions of Miami- Dade
County Code Section 2-11.1, as applicable
to City, or the provisions of Chapter 112,
part III, Fla. Stat., the Code of Ethics
for Public Officers and Employees, such
Bidder, Proposer or Vendor may be
disqualified from furnishing the goods or
services for which the bid or proposal is
submitted and may be further disqualified
from submitting any future bids or
proposals for goods or services to City.
Bidder, Proposer or Vendor must complete
and execute the Business Entity Affidavit
form. The terms "Bidder", "Proposer" or
"Vendor," as used herein, include any
person or entity making a proposal herein
to City or providing goods or services to
City.
Lack of knowledge by the Bidder/Proposer
will in no way be a cause for relief from
responsibility. Non-compliance with all
local, state, and federal directives, orders,
and laws may be considered grounds for
termination of contract(s)
Copy of City of Doral Ordinances may be
obtained from the City of Doral City Clerk's
Office.
1.11 CONE OF SILENCE
Notwithstanding any other provision of
these specifications, the provisions of City
"Cone of Silence" are applicable to this
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transaction. The "Cone of Silence", as used
herein, means a prohibition on any
communication regarding a particular
Request for Proposal (RFP), Request for
Qualification (RFQ), or Invitation to Bid
(ITB), between a potential vendor, service
provider, proposer, bidder, lobbyist, or
consultant, and the City Council, City's
professional staff including, but not limited
to, the City Manager and his or her staff,
any member of the City's selection or
evaluation committee.
The Cone of Silence shall be imposed upon
each RFP, RFQ, and Bid after the
advertisement of said RFP, RFQ, or Bid.
The Cone of Silence shall terminate at the
beginning of the City Council meeting at
which the City Manager makes his or her
written recommendation to the City
Council. However, if the City Council refers
the Manager's recommendation back to the
Manager or staff for further review, the
Cone of Silence shall be re -imposed until
the beginning of such meeting where the
City Manager will make his/her
recommendation to the City Council.
The Cone of Silence shall not apply to:
(1) oral communications at pre-bid
conferences;
(2) oral presentations before selection
or evaluation committees;
(3) public presentations made to the
City Council during any duly noticed
public meeting;
(4) written communications regarding a
particular RFP, RFQ, or bid between
(5)
W
(7)
W
(10)
a potential vendor, service provider,
proposer, bidder, lobbyist or
consultant and the City's Purchasing
Agent or City employee designated
responsible for administering the
procurement process of such RFP,
RFQ, or bid, provided the
communication is limited
strictly to matters of process or
procedure already contained in the
corresponding solicitation
document;
communications with the City
Attorney and his or her staff;
duly noticed site visits to determine
the competency of
bidders/proposers regarding a
particular bid/proposal during the
time period between the opening of
bids and the time the City Manager
makes his or her written
recommendation;
any emergency procurement of
goods or services pursuant to City
Code;
responses to the City's request for
clarification or additional
information pursuant to section 1.10
of this ITB;
contract negotiations during any
duly noticed public meeting;
communications to enable City staff
to seek and obtain industry
comment or perform market
research, provided all
communications related thereto
between a potential vendor, service
provider, proposer, bidder, lobbyist,
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or consultant and any member of
the City's professional staff
including, but not limited to, the City
Manager and his or her staff are in
writing or are made at a duly
noticed public meeting.
Please contact the City Attorney for any
questions concerning Cone of Silence
compliance. Violation of the Cone of Silence
by a particular bidder or proposer shall
render any RFP award, RFQ award, or Bid
award to said bidder or proposer voidable
by the City Council and/or City Manager.
1.12 Florida Government in the
SUNSHINE LAW
As a political subdivision, the City of Doral is
subject to the Florida Sunshine Act and
Public Records Law. By submitting a Bid,
Bidder acknowledges that the materials
submitted with the Bid and the results of
the City of Doral evaluation are open to
public inspection upon proper request.
Bidder should take special note of this as it
relates to proprietary information that
might be included in its Bid.
1.13 CANCELLATION
In the event any of the provisions of this bid
are violated by the Awarded Bidder, the
City Manager shall give written notice to
the Awarded Bidder stating the deficiencies
and, unless deficiencies are corrected
within ten (10) days, recommendation will
be made to the City Council for immediate
cancellation. The City Council of Doral,
Florida reserves the right to terminate any
contract resulting from this invitation at any
time and for any reason, upon giving thirty
(30) days prior written notice to the other
party. No consideration will be given for
anticipated loss of revenue on the canceled
portion of the Contract.
1.14 ASSIGNMENT
The Awarded Bidder shall not assign,
transfer, convey, sublet or otherwise
dispose of this contract, including any or all
of its right, title or interest therein, or his or
its power to execute such contract to any
person, company or corporation without
prior written consent of the City of Doral.
1.15 PROPERTY
Property owned by the City of Doral is the
responsibility of the City of Doral. Such
property furnished for repair, modification,
study, etc., shall remain the property of the
City of Doral. Damages to such property
occurring while in the possession of the
Awarded Bidder shall be the responsibility
of the Awarded Bidder. Damages occurring
to such property while in route to the City
of Doral shall be the responsibility of the
Awarded Bidder. In the event that such
property is destroyed or declared a total
loss, the Awarded Bidder shall be
responsible for replacement value of the
property at the current market value, less
depreciation of the property if any.
1.16 TERMINATION FOR DEFAULT
If the Awarded Bidder defaults in its
performance under this Contract and does
not cure the default within 30 days after
written notice of default, the City Manager
may terminate this Contract, in whole or in
part, upon written notice without penalty
to the City of Doral. In such event, the
Awarded Bidder shall be liable for damages
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including the excess cost of procuring
similar supplies or services: provided that if,
(1) it is determined for any reason that the
Awarded Bidder was not in default or (2)
the Awarded Bidder's failure to perform
is without his control, fault or
negligence, the termination will be deemed to be
a termination for the convenience of the City of Doral.
1.17 TERMINATION FOR CONVENIENCE
The City Manager may terminate the
Contract, in whole or in part, upon 30 days
prior written notice when it is in the best
interests of the City of Doral. If the Contract
is for supplies, products, equipment, or
software, and so terminated for the
convenience by the City of Doral, the
Awarded Bidder will be compensated in
accordance with an agreed upon
adjustment of cost. To the extent that this
Contract is for services and so terminated,
the City of Doral shall be liable only for
payment in accordance with the payment
provisions of the Contract for those services
rendered prior to termination.
1.18 CONFIDENTIALITY
As a political subdivision, the City of Doral is
subject to the Florida Sunshine Act and
Public Records Law. If this Contract contains
a confidentiality provision, it shall have no
application when disclosure is required by
Florida law or upon court order.
1.19 ANTI-TRUST PROVISION
At such times, as may serve its best interest,
the City of Doral reserves the right to
advertise for, receive, and award additional
bids for these herein items, and to make
use of other competitively bid
(government) contracts for the purchase of
these goods and/ or services as may be
available.
1.20 AUDIT RIGHTS AND RECORDS
RETENTION
The Awarded Bidder/Proposer agrees to
provide access to the City, or any of their
duly authorized representatives, to any
books, documents, papers, and records of
the Awarded Bidder which are directly
pertinent to the contract, for the purposes
of audit, examination, excerpts, and
transcriptions. The Awarded
Bidder/Proposer shall maintain and retain
any and all of the aforementioned records
for three years after the expiration and/or
termination of the agreement.
1.21 CAPITAL EXPENDITURES
Awarded Bidder/Proposer understands that
any capital expenditures that the Awarded
Bidder/Proposer makes, or prepares to
make, in order to perform the services
required by the City of Doral, is a business
risk which the Awarded Bidder/Proposer
must assume. The City of Doral will not be
obligated to reimburse amortized or
unamortized capital expenditures, any
other expenses, or to maintain the
approved status of the Awarded Bidder. If
Awarded Bidder has been unable to recoup
its capital expenditures during the time it is
rendering such services, it shall not have
any claim upon the City of Doral.
1.22 GOVERNING LAW AND VENUE
The validity and effect of the Contract shall
be governed by the laws of the State of
Florida. The parties agree that any action,
mediation, or arbitration arising out of this
Contract shall take place in Miami -Dade
County, Florida.
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1.23 ATTORNEY FEES
In connection with any litigation, mediation,
or arising out of this Contract, the
prevailing party shall be entitled to recover
its costs and reasonable attorney fees
through and including appellate litigation
and any post -judgment proceedings.
1.24 NO PARTNERSHIP OR JOINT
VENTURE
Nothing contained in this Contract will be
deemed or construed to create a
partnership or joint venture between the
City of Doral and Awarded Bidder/Proposer,
or to create any other similar relationship
between the parties.
1.25 TERMS AND CONDITIONS OF
AGREEMENT
The Agreement to be entered into with the
Awarded Bidder will include, but not be
limited to, the following terms and
conditions:
A. The Awarded Bidder/Proposer
agrees to indemnify, defend, and
hold harmless the City, its elected
officials or officers, , and employees,
from and against any and all liability,
claims, demands, damages, fines,
fees, expenses, penalties, suits,
proceedings, actions and cost of
action, including attorney's fees for
trial and on appeal, and of any kind
and nature arising or growing out of
or in any way connected with the
negligence, or performance of the
Agreement whether by act or
omission of the Awarded
Bidder/Proposer, its agents,
servants, employees or others, or
because of or due to the mere
existence of the Agreement
between the parties; unless said
claim for liability is caused solely by
the negligence of the City or its
employees.
B. The Awarded Bidder/Pro poser(s)
shall pay all royalties and assume all
costs arising from the use of any
invention, design, process materials,
equipment, product or device which
is the subject of patent rights or
copyrights. Awarded Bidder shall, at
its own expense, indemnify, hold
harmless and defend the City
against any claim, suit or proceeding
brought against the City which is
based upon a claim, whether rightful
or otherwise, that the goods or
services, or any part thereof,
furnished under the contract,
constitute an infringement of any
patent or copyright of the United
States. The Awarded
Bidder/Proposer shall pay all
damages and costs awarded against
the City.
C. An understanding and agreement,
by and between the Awarded
Bidder/Proposer and the City, that
the completion time as specified in
Awarded Bidder's/Proposer's
submission will be met and that all
work shall be executed regularly,
diligently, and uninterrupted at such
rate of progress as will ensure full
completion thereof within the time
specified
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SECTION 2 - SPECIAL CONDITIONS
2.1 PURPOSE
The purpose of this solicitation is to establish a contract for the cleaning of City owned /
operated stormwater drainage infrastructure.
2.2 QUALIFICATIONS / EXPERIENCE OF PROPOSERS
All firms that submit a proposal shall meet, but not be limited to, the following
minimum qualifications:
1. The firm, or principals of the firm, shall be regularly engaged in the business of
providing the services as described herein. The firm shall have a record of
performance and operation for a five-year (5) period of time immediately preceding
this Request for Proposal. The firm shall have sufficient financial support,
equipment, and organization to insure that they can satisfactorily execute the
services if awarded a Contract under the terms and conditions herein stated. There
shall not be any pending criminal charges against the firm, principal owners,
partners, corporate officers, or management employees. The term "equipment and
organization" as used herein shall be construed to mean a fully equipped and well
established operation as determined by officials of the City of Doral.
2. Proposer shall be fully licensed to perform the work described herein and shall
comply with all applicable Federal, State Statutes and local codes and ordinances.
3. Proposer shall have at least five (5) years of experience operating under its current
business name.
4. Proposer must have at least three (3) previous Stormwater drainage system cleaning
contracts in excess of $200,000 within the past three (3) years. All of these jobs
must have been performed for a governmental entity. Proposer can add additional
drainage contracts for reference as necessary (limit contracts information to two 2
pages). Proposer must show proof of having met these minimum requirements
and complete the "Bidder/Proposer Qualification Statement" in Section 5. THE
CITY WILL NOT ACCEPT ANY SUBSTITUTION FOR THIS FORM.
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5. Proposer must show proof of equipment capabilities by providing a list of all
equipment to be utilized to complete this service (limit list of equipment to three 3
pages).
6. Proposer must have the ability to obtain a 100% performance and payment bond at
time of contract, and must provide a Bid Bond in the amount of five (5) percent of the
base bid amount.
2.3 LICENSING
Successful respondent must provide a copy of all licenses, registrations, permits, and
other applicable legal or regulatory requirements required to do business in the State of
Florida at time of award. Florida state registration can be downloaded and printed via
www.sunbiz.org.
2.4 PRE-BID/PROPOSAL CONFERENCE / SITE VIST
A mandatory Pre-Bid/Proposal conference will be conducted for this Request for
Proposal at the Doral Government Center, third floor Training Room, on the date
specified in the Schedule of events.
Bidders/Proposers are required to be familiar with any conditions that may, in any
manner, affect the work to be done or affect the equipment, materials, or labor
required. Bidders/Proposers are also required to carefully examine the specifications
and all equipment and all site locations and be thoroughly informed regarding any and
all conditions that may, in any manner, affect the work to be performed under contract.
By submission of an Invitation to Bid or Request for Proposal it will be construed that
the Bidder/Proposer is acquainted sufficiently with the site(s) and the work to be
performed.
2.5 TERM OF CONTRACT
The City and the Awarded Proposer shall execute a contract ("Agreement") within thirty
(30) days after Notification of Award based upon the requirements set forth in the
ITB/RFP through action taken by the City Council at a fully authorized meeting. If the
Bidder/Proposer awarded the Contract fails to enter into a contract as herein provided,
the award may be declared null and void, and the Contract may be awarded to the next
most responsible and responsive Proposer, or re -advertised, as determined by the City.
The initial contract resultant from this solicitation shall prevail for a two (2) year period
from the contracts initial effective date. The City shall have the option to renew for an
15
additional two (2) one (1) year periods. The Awarded Bidders/Proposer(s) shall
maintain, for the entirety of the stated additional periods(s), the same terms and
conditions included within the originally awarded contract. Continuation of the contract
beyond the initial period, and any option subsequently exercised, is a City prerogative,
and not a right of the Awarded Proposer(s).
This prerogative may be exercised only when such continuation is clearly in the best
interest of the City.
2.6 PRICING
If the Proposer is awarded a contract under this RFP solicitation, the prices quoted by
the Proposer shall remain fixed and firm throughout the duration of this contract.
2.7 PROPOSAL FORMAT AND SIGNATURES
To receive consideration, the Proposal must be submitted on the forms provided by the
City. This Request for Proposal must be resubmitted in its entirety, with all forms
executed, each section signed as read and understood, and the response forms
completely filled out. Proposals must be typed or printed in black or blue ink only. Use
of erasable ink is not permitted. All corrections must be initialed. Any information to be
submitted as part of the proposal may be attached behind the Bid/Proposal Response
form. Copies may be obtained from the City Clerk, 8401 NW 53 Terrace, Doral, FL
33166. Proposals by corporations must be executed in the corporate name by the
President or other corporate officer accompanied by evidence of authority to sign. The
corporate address and state of incorporation must be shown below the signature.
Proposals by partnerships must be executed in the Partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
2.8 BID BOND / PERFORMANCE BOND
The Bidder must have the ability to obtain a 100% performance and payment bond at
time of contract. The City must appear listed as obligee on this bond.
The Proposer shall submit proof of their bonding capacity by means of a letter from
their bonding company. A Bid Bond in the amount of five (5) percent of the base bid
amount is required for this project.
16
2.9 METHOD OF AWARD
The City will open all submittals received prior to the stated deadline in a public forum
and will announce the name and proposed amounts submitted. The city will review all
submittals for proposal compliance according to the requirements set forth in this RFP
and evaluate the submittals in accordance with Section 2.10. In order to be deemed
responsive the proposal must meet or exceed the minimum requirements established in
Section 2.2, contain all required forms listed and provided in Sections 4 and 5 of this
solicitation. The City of Doral shall be the sole judge in determining Proposer's
qualifications,
The City, at its sole discretion, reserves the right to inspect any / all Proposer's facilities
to determine their capability of meeting the requirements for the Contract. Also, price,
responsibility, and responsiveness of the Proposer, the financial position, experience,
staffing, equipment, materials, references, and past history of service to the City and /
or with other units of state, and / or local governments in Florida, or comparable private
entities, will be taken into consideration in the Award of the Contract.
Upon approval of the City Council, a contract shall be awarded to one (1) Proposer
evaluated in accordance with Section 2.10 and selected as the best offer and most
responsible, responsive Proposer meeting all specifications. Any award made shall be
subject to execution of contract in a form and substance, which is approved by the City
Attorney. The City of Doral reserves the right not to award or to reject proposals from
vendors that are currently in litigation with the City of Doral or as a result of any prior
lawsuit with the City of Doral.
2.10 EVALUATION FOR PROPOSER SELECTION
Following the opening of the submittal packages, the proposals will be evaluated by City
Staff and Procurement Department ranked in the order of the most responsive and
responsible respondent. The criteria for ranking will be as follows:
1. Experience (25 points Maximum)
Years of experience providing this service as documented on the Proposal Form
(Section 4).
a. 5 -10 years 15 points
b. >10-15 years 20 points
c. >15 years 25 points
2. Performance & Qualifications (25 points Maximum)
17
Extent to which Proposer meets required bid specifications. Number of jobs
performed during the last three (3) years (3 minimum for government entities in
excess of $200,000).
a. 3 15 points
b. >3-5 projects 20 points
c. >5 projects 25 points
3. Price/Cost Evaluation (40 points Maximum)
The lowest average Cost Proposal will receive 40 points. Every other Proposal
previously found to be in the Competitive Range will be given points
proportionately in relation to the lowest price. This point total will be calculated
by dividing the lowest price by the total price of the Proposal being evaluated
and the result multiplied by the maximum weight for price (40 points) to arrive
at a Cost Proposal score.
• Example: Lowest Proposed Price / Proposer's Proposed Price x 40 =
Proposal Score
• The application of the above formula will result in a uniform assignment
of points relative to the criterion of price.
4. Clients References (10 points Maximum)
Points may be awarded after verifying vendor's client References (Section 5).
a. 1 satisfactory reference 1 point
b. 2 satisfactory references 5 points
c. 3 satisfactory references 10 points
2.11 INSURANCE REQUIREMENTS
Successful bidder/proposer shall maintain, at their sole expense, during the term of this
agreement insurance coverage in accordance to Exhibit A
Please Note: The Certificate shall contain a provision that coverage afforded under the
policy will not be cancelled until at least thirty (30) days prior written notice has been
given to the City. The certificate must further list the City of Doral as an additional
insured with respect to general liability, auto, and excess liability, and loss payee with
respect to physical damage and crime coverage.
The City reserves the right to require additional insurance in order to meet the full
value of the scope of services.
18
At award time, the successful proposer must furnish a Certificate of Insurance and
Declaration of Coverage Page showing the City of Doral as additional named insured
on each of the policies referenced above.
2.12 EXCEPTIONS TO SPECIFICATIONS
Exceptions to the specifications shall be listed on the Proposal Form and shall reference
the section. Any exceptions to these Sections may be cause the bid/proposal to be
considered non-responsive.
2.13 COMPLETE PROJECT REQUIRED
The Work to be performed under any Contract resulting from this Request for Proposal
shall consist of furnishing all tools, equipment, materials, supplies, and manufactured
articles and for furnishing all transportation and services, including fuel, power, water,
and essential communications, and for the performance of all labor, work, or other
operations required for the fulfillment of the Contract in strict accordance with the
Contract Documents. The Work shall be complete and all work, materials, and services
not expressly shown or as called for in the Contract Documents which may be necessary
for the complete and proper completion of the Work in good faith shall be performed,
furnished, and installed by the Awarded Proposer as though originally so specified or
shown, at no increase in cost to the City.
2.14 FORMS
2.14.1 Non -Collusion Affidavit
Each Respondent shall complete the Non -Collusion Affidavit and shall submit the
executed form with the RFP submittal. City considers the failure of the
Respondent to submit this document to be a major irregularity and shall be
cause of rejection of submissions.
By offering a submission pursuant to this Request for Proposal, the Party certifies
the Proposer has not divulged, discussed or compared his response with other
Parties and has not colluded with any other respondents or parties to this
Statement of Qualifications whatsoever. Also, the Proposer certifies, and in the
case of a joint response, each Respondent thereto certifies, as to his own
organization, that in connection with this Statement of Qualifications.
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No attempt has been made or will be made by the Respondent to induce any
other person or firm to submit or not to submit a Statement of Qualifications for
the purpose of restricting competition.
The only person or persons interested in this Statement of Qualifications,
principal or principals is/are named therein and that no person other than
therein mentioned has any interest in this Statement of Qualifications or in the
contract to be entered into.
No person or agency has been employed or retained to solicit or secure this
contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee excepting bona fide employees or established
commercial agencies maintained by the Respondent for the purpose of doing
business.
2.14.2 Americans with Disabilities
As part of any Statement of Qualifications, each vendor must submit an executed
American with Disabilities Act Non -Discrimination Statement, in accordance with
attesting to compliance with 42 U.S.C. Section 12101 et, seq.
2.14.3 Compliance with Equal Employment Opportunity
The Respondent shall comply with Title VII of the Civil Rights Act of 1964 42
U.S.C. Section 2000e et seq., Section 504 of the Rehabilitation Act of 1973 29
U.S.0 Section701 et seq., and Title I of the Americans with Disabilities Act, 42
U.S.0 Section 12101as of 1990 in that: No person in the United States shall on
the grounds of race, creed, color, national origin, sex, age, political affiliation,
beliefs or disability be subject to discrimination under any program or activity
which the Respondent has agreed to undertake by and through the covenants,
and provisions set forth in this Contract.
2.14.4 Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a Statement of
Qualifications to provide any goods or services to a public entity, may not submit
a Statement of Qualifications with a public entity for the construction or repair
of a public building or public work, may not submit Statement of Qualifications
on lease of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of
20
the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period
of Thirty -Six (36) months from the date of being place on the convicted vendors
list.
2.14.5 Tie Proposal Form
Whenever two or more proposals are equal with respect to price, quality, and
service are received by the City or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a
business that certifies that it has implemented a drug-free workplace program
shall be given preference in the award process. Established procedures for
processing tie proposal will be followed if none of the tied vendors have a drug
free workplace program.
The above referenced forms are included in 'Forms / Deliverable' at Section 5 of this
solicitation. Please ensure that you read these forms, and all others contained within
Section 5 thoroughly, and return them signed and notarized where required.
Proposals received with incomplete forms may be deemed unresponsive.
2.15 PROTEST PROCEDURES
All protests must be in writing, stating the name and address of protestor, a contact
person, Contract number and title. Protests shall specify in detail the grounds of the
protest and the facts supporting the protest.
2.15.1 Address
All protests must be addressed as follows:
Barbara Herrera, City Clerk
Office of the City Clerk
City of Doral
8401 NW 53 Terrace
Doral, Florida 33166
Protests not properly addressed to the address shown above may not be
considered by the City.
2.15.2 Protests on the Recommended Award
Any Proposer whose Proposal has not lapsed may protest the recommended
award on any ground. Three (3) copies of a full and complete written statement
specifying in detail the grounds of the protest and the facts supporting the
21
protest must be received by the City at the appropriate address in "Address,"
above, no later than fifteen (15) calendar days prior to the issuing of the Notice
of Award at Council Meeting, a written decision stating the grounds for allowing
or denying the protest will be transmitted to the protestor and the proposer
recommended for award in a manner that provides verification of receipt.
END OF SECTION
22
SECTION 3 - TECHNICAL SPECIFICATIONS
3.1 SCOPE OF SERVICES
The work covered by the Specifications and Contract Documents consists of the routine
mechanical cleaning of storm sewer drainage system with truck mounted sewer vacuum
units. Hand labor may be required in areas inaccessible to mechanical equipment to
perform the specified work. The storm sewer drainage system is composed of
approximately 2,700 drainage structures (including catch basins, manholes, slab covered
trench boxes, junction boxes, etc.), 274,000 linear feet of drainage pipe, and 84 outfalls.
Cleaning of storm drainage structures will occur as directed by the Public Works Director
or his designee on City owned/operated right-of-way.
The Public Works Director reserves the right to assign work on an as needed basis.
Routine work shall consist of work scheduled monthly to maintain existing level of
service from the storm sewer drainage system and to extend the useful life of the
system.
The Contractor shall not begin work until authorized by the City in writing if the form of
a Work Order. The Contractor shall commence each authorized City section within five
working days of receipt of this notification.
The mechanical storm drainage cleaning operation shall be done in a manner not to
damage the storm drainage structures, inlet grates, manhole covers, pipes or pipe
joints.
The Contractor shall remove the drainage structure grate or cover and remove by
mechanical means all materials that obstruct the structure opening, interior structure
pipe openings or pipes such as grass, dirt and debris.
In case of an emergency the Contractor shall provide at least three (3) vac -trucks within
a two (2) hour period from request or notification from the City. The cost for an
emergency vac -truck shall be invoiced on a per -hour basis. The Contractor shall make
additional vac -trucks available to the City if requested.
3.2 DEBRIS REMOVAL AND DISPOSAL
The Contractor shall clean the storm sewer system and remove materials such as but
not limited to: rocks, gravel, asphalt, concrete, sand, leaves, tree branches, paper, glass,
cans, plastics, tire pieces, wood pieces, and other materials on top of the grates, inside
23
the catch basins and pipes and in and around the outfalls.
The Contractor shall properly dispose any waste resulting from the operation in an
approved facility. Materials removed by the vacuum system shall be disposed of by the
Contractor in accordance with all applicable Federal, State, County, and local laws,
standards and regulations, The cost associated with the disposal of materials extracted
for the storm sewer system shall be included on the unit prices submitted in the
Proposal Form.
3.3 LOCATION OF WORK
The City will establish and approve all areas where the Contractor will be allowed to
work. The Contractor will remove all eligible debris and leave the site from which the
debris was removed in a clean condition.
Accompanying this specification is an area map indicating main Streets and Avenues
within the City of Doral. Existing roadway signs clearly indicate the name of each road.
By submitting this proposal, the Proposer certifies that he/she is familiar with the
roadways and the proposed scope of work, prior to submitting the Proposal. The City
reserves the right to remove specific locations as deemed appropriate.
3.4 DRAINAGE STRUCTURE LOCATION LOG:
The Contractor shall fill the City's Drainage Structure Report Form to record the progress
of the work. In this form the Contractor shall record the type of structure serviced,
number of structure, orientation of pipes serviced, diameter, length and material of
pipes, and date serviced. Additionally the Contractor shall also record the
address/location of the structures and any observations such as the current condition of
the structures and pipes and any repairs needed. The Contractor shall also keep a log of
the amount of material removed/collected during the operation. The reports shall be
submitted to the Public Works Department at time of invoice submittal along with the
disposal receipts of the material collected.
3.5 EQUIPMENT
The Contractor shall furnish equipment of a type and quantity to perform the work
satisfactorily within the time specified (approximately 140 structures per month). The
truck mounted sewer vacuum unit shall be equipped with a vacuum tube and a 2 stage
vacuum compressor along with high pressure water hose. All equipment shall be
maintained in an efficient and safe operating condition while performing work under
this contract. Equipment shall have all proper safety devices required by law, properly
maintained and in use at all times. If equipment does not contain proper safety devices
and/or is being operated in an unsafe manner, the City may direct the contractor to
24
remove such equipment and/or the operator until the deficiency is corrected to the
satisfaction of the City of Doral. The contractor shall make all man -power necessary to
operate said equipment. The contractor shall be solely responsible and liable for injury
to persons, and/or property damage caused by operation of the equipment.
All Contractors' vehicles must be clearly marked as being a licensed contractor working
for the City of Doral and employees wearing a uniform that identifies the company
name at all times.
3.6 SAFETY AND PROTECTION
All the storm sewer drainage system cleaning work shall be accomplished with the truck
vacuum unit facing in the same direction as the traffic. All lane closures shall have the
prior approval of the Public Works Department. While performing work, the Contractor
will be required to provide the necessary Maintenance of Traffic (MOT) plan to warn
motorists of work being performed. Maintenance of traffic must conform to the current
edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design
Standards Indexes (600 Series,) the Standard Specifications for Road and Bridge
Construction and the Manuals on Uniform Traffic Control Devices, as a minimum
criteria. The Contractor's employees shall be fully aware of these provisions, especially
those applicable to the use of barricades, cones, signage, etc., to provide a safe working
environment.
The foregoing requirements are to be considered as minimum and the Contractor's
compliance shall in no way relieve the Contractor of final responsibility for providing
adequate traffic control devices for the protection of the public and employees
throughout the work areas.
3.6.1 The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Work. They will take all necessary precautions for the safety of and will
provide the necessary protection to prevent damage, injury or loss to:
• All employees and other persons who may be affected thereby. The
Contractor shall ensure that all employees use proper safety
equipment such as but not limited to, orange vest, hard hat, safety
glasses, ear plugs, work boots (with safety toe,) gloves, and rain gear.
• Existing facilities, utilities, site amenities, structures, concrete and/or
asphalt surfaces, and vehicles on or around the lob site. Damage to
public and/or private property shall be replaced and/or repaired at no
25
additional cost to the City or the owner of the property.
3.6.2 In emergencies affecting the safety of persons or the work or property
within the City or adjacent thereto, the Contractor, without special
instruction or authorization from the City, is obligated to act, at his
discretion, to prevent threatened damage, injury or loss. The Contractor
will give the City prompt written notice of any significant changes in the
work or problems caused thereby.
3.6.3 The Contractor, shall at all times, conduct the work in such a manner as
to insure the least practicable obstruction to public travel. The
convenience of the general public and of the residents along and
adjacent to the area of work shall be provided for in a satisfactory
manner, consistent with the operation and local conditions. "Street
Closed" signs shall be placed immediately adjacent to the work, in a
conspicuous position, at such locations as traffic demands. At any time
that streets are required to be closed, the Contractor shall notify law
enforcement agencies and in Particular, the City of Doral Police
Department, before the street is closed and again as soon as it is opened.
Access to fire hydrants and other fire equipment shall be provided and
maintained at all times.
No fuels, oils, solvents or similar materials are to be disposed of in any
catch basins. The contractor must closely adhere to local, state and
Federal Environmental Protection Agency requirements and is
responsible for all non-compliance penalties
3.7 QUALITY ASSURANCE:
The City shall consider the structure and pipe cleaning work completed and accepted
when the structure is 100% free of all materials and when the full cross-section of all
structure pipes are 100% free of all materials.
Structures or pipes determined unsatisfactorily by the City representative shall be
serviced again to the satisfaction of the City within the time specified, at no additional
cost to the City. The City representative shall sign the Contractor's daily report at the
end of each workday in order for the work to be accepted.
3.8 BASIS OF PAYMENT
Payment shall be full compensation for furnishing all equipment, materials, labor,
supervision, maintenance of traffic and incidentals necessary to complete all drainage
26
systems cleaning as specified. The Contractor shall be compensated based on the work
completed and accepted.
3.9 DEFECTIVE WORK
The City will have authority to disapprove or reject work which is "defective" (which
term is hereinafter used to describe work that is unsatisfactory, faulty or defective,) or
does not conform to the requirements of the Contract Documents or does not meet the
requirements of any inspection.
3.10 WORK HOURS:
The cleaning operation of the storm sewer drainage system shall be performed Monday
through Friday, between the hours of 8:00 a.m. and 4:30 p.m. Weekend work may be
authorized in writing and in advance. The City reserves the right to change the
Contractor's work hours at its discretion if it determines that established work hours are
causing traffic congestion. All work performed shall comply with the City's Noise
Ordinance, Ordinance No. 2006-23.
END OF SECTION 3
27
SECTION 4 - PROPOSAL SUBMITTAL FORM
RFP #2013-32
THIS PROPOSAL IS SUBMITTED TO:
City of Doral
8401 NW S3rd Terrace
Doral, Florida 33166
1. The undersigned Proposer proposes and agrees, if this RFP is accepted, to enter into an
agreement with The City of Doral to perform and furnish all goods and/or services as specified
or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this RFP and in accordance with the other terms and conditions of the Contract
Documents.
2. Proposer accepts all of the terms and conditions of the Advertisement or Request for Proposal
and Instructions to Proposers, including without limitation those dealing with the disposition of
RFP Security. This RFP will remain subject to acceptance for 90 days after the day of RFP
opening. Proposer agrees to sign and submit the Agreement with the Bonds and other
documents required by the RFP Requirements within ten days after the date of City's Notice of
Award.
3. In submitting this Proposal, Proposer represents, as more fully set forth in the Agreement, that:
(a) Proposer has examined copies of all the RFP Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum
No.
Dated:
Addendum
No.
Dated:
Addendum
No.
Dated:
Addendum
No.
Dated:
(b) Proposer has familiarized themselves with the nature and extent of the Contract
Documents, required goods and/or services, site, locality, and all local conditions and
Law and Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
(c) Proposer has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
(d) Proposer has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies
28
(in addition to or to supplement those referred to in (c) above) which pertain to the
subsurface or physical conditions at the site or otherwise may affect the cost, progress,
performance, or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents, and
no additional examinations, investigations, explorations, tests, reports or similar
information or data are or will be required by Proposer for such purposes.
(e) Proposer has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
(f) Proposer has given the City written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by the City is
acceptable to Proposer.
(g) This Proposal is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; Proposer has not directly
or indirectly induced or solicited any other Proposer to submit a false or sham Proposal;
Proposer has not solicited or induced any person, firm or corporation to refrain from
submitting a proposal. Proposer has not sought by collusion to obtain for itself any
advantage over any other Proposer or over the City.
4. Proposer understands that the quantities provided are only provided for bid evaluation only.
The actual quantities may be higher or lower than those in the bid form.
5. Proposer understands and agrees that the Contract Price is a Unit Price Contract to furnish and
deliver all of the Work complete in place. As such the Contractor shall furnish all labor,
materials, equipment, tools superintendence, and services necessary to provide a complete
Service for the proposal price of:
29
Item
Description
Cleaning of Catch Basin
Quantity
2,060
Unit
EA
Unit Price
Amount
1
2
Cleaning of Manhole
525
EA
3
Cleaning of Slab -Covered -Trench Box
71
EA
4
Cleaning of Outfall Structure
84
EA
5
Cleaning of Pipe
274,000
LF
6
Emergency Vac -Truck (includes operator)
160
HR
PROPOSALTOTAL
6. Proposer agrees that the work will be completed as scheduled from the date stipulated in the
Notice to Proceed.
7. Communications concerning this Proposal shall be addressed to:
Proposer:
Address:
Telephone
Facsimile Number
Attention:
30
8. The terms used in this RFP which are defined in the General Conditions of the Contract included
as part of the Contract documents have the meanings assigned to them in the General
Conditions
STATEMENT
I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Proposals or applies to Propose on Contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "persons" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of any entity.
SUBMITTED THIS DAY , 20
Person Authorized to sign Bid/RFP:
Signature:
Print Name:
Title:
Company Name:
Company Address:
Phone: Fax: Email:
31
SECTION 5 - FORMS / DELIVERABLES
THE FOLLOWING MATERIALS ARE CONSIDERED ESSENTIAL AND NON-WAIVABLE
FOR ANY RESPONSE TO AN INVITATION TO BID.
BIDDERS SHALL SUBMIT THE SUBSEQUENT FORMS IN THE EXACT SEQUENCE
PROVIDED, INCLUDING INSERTION OF DOCUMENTS WHERE SPECIFIED.
LIST OF ATTACHED FORMS:
• Statement of No Response
• Solicitation Response Form
• Bidder Information Worksheet
• Bidder Qualification Statement
• Business Entity Affidavit
• Americans with Disabilities Act (ADA) (Disability Non -Discrimination Statement)
• Non -Collusion Affidavit
• Public Entity Crimes (Sworn Statement)
• Drug Free Workplace Program
• Copeland Act Anti -Kickback Affidavit
• Equal Opportunity Certification
• Cone of Silence Certification
• Tie Proposal Certification
• Bidders Certification
• Certificate of Authority
• Bid Bond
• Payment Bond
• Acknowledgement of Conformance with OSHA Standards
32
STATEMENT OF NO RESPONSE
RFP #2013-32
FOR PROPOSERS SUBMITTING TO THIS OPPORTUNITY, YOU MAY
WRITE "N/A" ON THIS FORM.
If you are not proposing on this service/commodity, please complete and return this form to:
City of Doral — City Manager's Office 8401 NW 53rd Terrace, Doral, FL 33166. Failure to respond
may result in deletion of your firm's name from the qualified vendor list for the City of Doral.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
We, the undersigned have declined to submit a Bid/Proposal on the above because of the
following reasons:
REMARKS:
Specifications/Scope of Work too "tight", i.e., geared toward brand
or manufacturer only (explain below)
Insufficient time to respond
We do not offer this product, service or an equivalent
Our schedule would not permit us to perform
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
33
Solicitation Response Form
PROPOSER MUST ATTACH THIS FORM TO THE EXTERIOR OF THE SEALED
PACKET.
Name: RFP #2013-32, Catch Basin Maintenance Program
Due Date: January 15, 2014 at 11:00 A.M.
Delivery Location: City of Doral
City Clerk's Office
8401 NW 53`d Terrace,
Doral, FL 33166
Submitted by:
(Name of company and address)
PLEASE DO NOT TAPE BELOW THIS LINE
Date and Time Received:
Received by:
For Office Use Only:
# of originals; _ # of copies: _ # of CD copies: _
34
PROPOSER INFORMATION WORKSHEET
RFP #2013-32
COMPANY/AGENCY/FIRM NAME:
ADDRESS:
BUSINESS EMAIL ADDRESS:
CONTACT PERSON & TITLE:
PHONE No.:
CONTACT EMAIL ADDRESS: PHONE No.:
BUSINESS HOURS:
BUSINESS LEGAL STATUS: (circle one) CORPORATION / PARTNERSHIP / JOINT VENTURE / LLC
BUSINESS IS A: (circle one) PARENT / SUBSIDIARY / OTHER
DATE BUSINESS WAS ORGANIZED/INCORPORATED:
ADDRESS OF OFFICE WHERE WORK IS TO BE DONE FOR THIS PROJECT
(if different from address provided above):
INDIVIDUALS(S) AUTHORIZED TO MAKE REPRESENTATIONS FOR THE BIDDER:
(First, Last Name)
(First, Last Name)
(First, Last Name)
CONTACT'S SIGNATURE:
(Title)
(Title)
(Title)
35
(Contact Phone Number)
(Contact Phone Number)
(Contact Phone Number)
DATE:
PROPOSER QUALIFICATION STATEMENT
RFP #2013-32
The Bidder's/Proposer's response to this questionnaire will be utilized as part of the City's
overall Bid/Proposal Evaluation to ensure that the Bidder/Proposer meets, to the satisfaction of
the City of Doral, the minimum requirements for participating in this solicitation.
The following minimum experience is required for this project: refer to applicable sections 2.2,
4 and 5 of this RFP.
ON THE FORM BELOW, BIDDER/PROPOSER MUST PROVIDE DETAILS
FULFILLING ABOVE MINIMUM EXPERIENCE REQUIREMENTS. IT IS
MANDATORY THAT BIDDERS USE THIS FORM IN ORDER TO INDICATE THAT
THE MINIMUM EXPERIENCE REQUIREMENT IS MET. NO EXCEPTIONS WILL BE
MADE.
1. Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Email Address:
Yearly Budget/Cost
Dates of Contract From: To:
(Continues below)
36
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Email Address:
Yearly Budget/Cost
Dates of Contract From: To:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Email Address:
Yearly Budget/Cost
Dates of Contract From: To:
37
BUSINESS ENTITY AFFIDAVIT
VENDOR / BIDDER/PROPOSER DISCLOSURE
RFP #2013-32
I, , being first duly sworn state:
The full legal name and business address of the person(s) or entity contracting or transacting
business with the City of Doral ("City") are (Post Office addresses are not acceptable), as
follows:
Federal Employer Identification Number (If None, Social Security Number)
Name of Entity, Individual, Partners, or Corporation
Doing business as (if same as above, leave blank)
Street Address Suite City State Zip Code
OWNERSHIP DISCLOSURE AFFIDAVIT
1. If the contact or business transaction is with a corporation, the full legal name and
business address shall be provided for each officer and director and each stockholder
who holds directly or indirectly five percent (5%) or more of the corporation's stock. If
the contract or business transaction is with a trust, the full legal name and address shall
be provided for each trustee and each beneficiary. All such names and addresses are
(Post Office addresses are not acceptable), as follows:
Full Legal Name Address Ownership
o�
38
2. The full legal names and business address of any other individual (other than
subcontractors, material men, suppliers, laborers, or lenders) who have, or will have,
any interest (legal, equitable, beneficial or otherwise) in the contract or business
transaction with the City are as follows (Post Office addresses are not acceptable):
Signature of Afflont
Printed Name of Affiant
Dote
Sworn to and subscribed before me this day of 20
❑ Personally known, or
❑ Produced identification
Type of identification
Notary Public - State of
My commission expires:
Notary Signature
(Printed, typed, or stamped commissioned name of Notary Public)
39
AMERICANS WITH DISABILITIES ACT (ADA)
DISABILITY NONDISCRIMINATION STATEMENT
RFP #2013-32
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to the City Of Doral, Florida
by:
for:
(Print individual's name and title)
(Print name of entity submitting sworn statement)
whose business address is:
and (if applicable) its Federal Employer Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:---
1,
tatement:-
I, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agreed to
continue to comply with, and assure that any subcontractor, or third party contractor under
this project complies with all applicable requirements of the laws listed below including, but not
limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501 553.513, Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42 USC Section 3601-3631.
40
SIGNATURE
Sworn to and subscribed before me this day of , 20
❑ Personally known, or
❑ Produced identification
Type of Identification
Notary Public -State of
My commission expires:
Notary Signature
(Printed, typed, or stamped commissioned name of Notary Public)
41
NON -COLLUSION AFFIDAVIT
RFP #2013-32
State of
) SS:
County of
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
BIDDER that has submitted the attached Bid;
being first duly sworn, deposes and says that:
the
(2) He/She/They is/are fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said BIDDER 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 BIDDER, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by agreement or
collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead, profit,
or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of
the Bid Price or the Bid Price of any other BIDDER, 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 Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its
agents, representatives, owners, employees or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
(Printed Name)
42
By:
(Title)
ACKNOWLEDGMENT
State of Florida
County of
On this the day of 20 , before me, the undersigned Notary Public of The
State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
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
❑ Personally identification:
(Type of Identification Produced)
❑DID take an oath, or
❑ DID NOT take an oath.
OPTIONAL INFORMATION:
Type of Document:
Number of Signatures Notarized:
43
Number of Pages:
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
RFP #2014-32
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
by for whose
business address is and (if applicable) its
Federal Employer Identification number (FEIN) is If the entity has no
FEIN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any Bid or Contract for goods or services to
be provided to any public entity or an agency or political subdivision of any other state of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt,
in any federal or state trail court of record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo
contendere.
4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. Any entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executors, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prime facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business with
44
a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management
of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer
of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
(Printed Name)
(Title)
45
Sworn to and subscribed before me this day of 20
❑ Personally known, or
❑ Produced Identification
(Type of Identification)
Notary Public—State of
My Commission Expires
(Notary Signature)
(Printed, typed, or stamped commission name of notary public)
46
DRUG-FREE WORKPLACE PROGRAM
RFP #2013-32
IDENTICAL TIE PROPOSALS — Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more proposals which are equal with respect to price, quality, and service are
received by the State or by any political subdivision for the procurement of commodities or contractual
services, a proposal received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie proposals will be followed if none of the tied vendors have a drug-free workplace
program. In order to a 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 a controlled substance 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'
policy of maintaining 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 subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a conditions
of 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 of, or plea of guilty or nolo
contendere to, any violation of chapter 893 or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no laterthan 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 good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
VENDOR'S SIGNATURE
VENDOR PRINT NAME
47
NAME OF COMPANY
COPELAND ACT ANTI -KICKBACK AFFIDAVIT
RFP #2013-32
STATE OF }
} SS:
COUNTY OF
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid
to any employees of the City of Doral, its elected officials, and or
its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any
member of my firm or by an officer of the corporation.
Sworn and subscribed before this
day of 20
Notary Public
(Printed Name)
My commission expires:
48
By:
Title:
of
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
RFP #2013-32
(Individual's Name)
(Name of Company)
(Title)
do hereby certify that
I have read and understand the Compliance with Equal Employment Opportunity requirements
set forth under sub -section 2.14.3 of this document.
Attachment of this executed form, as such, is required to complete a valid bid proposal.
Individual's Signature
Date
49
of
CONE OF SILENCE CERTIFICATION
RFP #2013-32
(Individual's Name)
(Name of Company)
(Title)
do hereby certify that
I have read and understand the terms set forth under Section 1.11 of this document titled
"Cone of Silence".
Attachment of this executed form, as such, is required to complete a valid bid proposal.
Individual's Signature
Date
50
TIE PROPOSAL CERTIFICATION
RFP #2013-32
I, ,
(Individual's Name)
of
(Name of Company)
(Title)
do hereby certify that
I have read and understand the requirements/procedures for Tie Bids set forth under sub-
section 2.14.5 of this document.
Attachment of this executed form, as such, is required to complete a valid bid proposal.
Individual's Signature
Date
51
PROPOSER'S CERTIFICATION
RFP #2013-32
I have carefully examined the Request for Proposal, Instructions to Bidders, General and/or Special Conditions,
Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of
this Request for Proposal.
I hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my proposal
will remain firm for a period of 365 days in order to allow the City adequate time to evaluate the proposals.
I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further
certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm
is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this proposal is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or
service; no officer, employee or agent of the City of Doral or any other proposer is interested in said proposal; and
that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters
therein contained and was duly authorized to do so.
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity , and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
Name of Business
By:
Signature
Name and Title, Typed or Printed
Mailing Address
City, State and Zip Code
Telephone Number
Sworn to and subscribed before me
this day of 20
Notary Public
STATE OF
My Commission Expires
ACKNOWLEDGEMENT OF ADDENDUMS: ISSUED ADDENDUMS MUST BE SIGNED AND SUBMITTED WITH BID.
52
STATE OF
) SS:
COUNTY OF
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that a meeting of the Board of Directors of
a Corporation existing under the laws of the State of , held on , 20 ,
the following resolution was duly passed and adopted:
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated,
20 , to the City of Doral and this Corporation and that their execution thereof,
attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed
of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Corporation this , day
of 20
Secretary:
(SEAL)
53
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF }
} SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of
a Corporation existing under the laws of the State of held on 20 the
following resolution was duly passed and adopted:
"RESOLVED, that, , as of the
Partnership, be and is hereby authorized to execute the Proposal dated, 20 , to the City
of Doral and this partnership and that their execution thereof, attested by the
shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of 120
Secretary:
(SEAL)
54
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
STATE OF )
SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of
a Corporation existing under the laws of the State of , held on , 20 , the
following resolution was duly passed and adopted:
"RESOLVED, that, , as of the
Joint Venture be and is hereby authorized to execute the Proposal dated 20_, to the
City of Doral official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
(SEAL)
END OF SECTION
55
STATE OF
) SS:
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, that we,
BID BOND
as Principal, and
as Surety, are held and firmly bound unto the City of Doral, 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 , 2013 for: RFP #2013-32, Catch Basin Maintenance Program.
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 BIDDER 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 having been given of the Award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive
calendar days after written notice of such acceptance, enters into a written Contract with the City of Doral 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 Doral 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.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals
this day of , 2013, 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:
56
(Individual or Partnership Principal)
(Business Address)
(City/State/Zip)
(Business Phone)
ATTEST:
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
(SEAL)
Secretary
Surety 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.
57
Signed, sealed and delivered
in the presence of:
By:
(Printed Name)
ACKNOWLEDGMENT
State of
County of
(Printed Name)
(Title)
On this the day of , 2013, before me, the undersigned Notary
Public of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
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.)
58
❑ Personally known to me, or
❑ Personally identification:
(Type of Identification Produced)
❑ DID take an oath, or
❑ DID NOT take an oath.
OPTIONAL INFORMATION:
Type of Document:
Number of Pages:
Number of Signatures Notarized:
END OF SECTION
59
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
hereinafter called Contractor, and
Florida, as Obligee, hereinafter called City, in the amount of
, as Principal,
as Surety, are bound to the City of Doral,
Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, RFP #2013-32, awarded the day
of
drawings (plans) and specifications
, 20 , with City for: Catch Basin Maintenance Services, in accordance with
part hereof, and is hereafter referred to as the Contract;
1
2.
3.
4.
THE CONDITION OF THIS BOND is that if the Contractor:
which Contract is by reference made a
Fully performs the Contract between the Contractor and the City for Catch Basin Maintenance Services,
as scheduled after the date of Contract commencement as specified in the Notice to Proceed and in the
manner prescribed in the Contract; and bid specifications.
Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
Upon notification by the City, corrects any and all defective or faulty Work or materials which appear
within ONE (1) YEAR.
Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force.
Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having
performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
60
4.1 Complete the Contract in accordance with its terms and conditions; or
4.2 Obtain a Proposal or Proposals for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the best, lowest, qualified, responsible and
responsive PROPOSER, or, if the City elects, upon determination by the City, and Surety jointly of
the best, lowest, qualified, responsible and responsive PROPOSER, arrange for a Contract
between such PROPOSER and City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the Contract Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or Corporation other than the City
named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
61
Signed and sealed this day of 2013.
WITNESS:
Secretary
(Name of Corporation)
(Signature)
(Type Name)
(Title)
CORPORATE SEAL:
IN THE PRESENCE OF; INSURANCE COMPANY:
By:
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
62
*Agent and Attorney -in -Fact
*(Power of Attorney must be attached)
State of
County of
On this, the
State of
corporate officer),
Corporation), a _
day of , 2013, before me, the undersigned Notary Public of the
the foregoing instrument was acknowledged by (name of
(title), of (name of
WITNESS my hand and official seal
❑ Personally known to me, or
❑ Produced identification
(Type of identification produced)
❑ Did take an oath, or
❑ Did not take an oath
(state of corporation) corporation, on behalf of the corporation.
63
(Signature)
Notary Public, State of:
Printed, typed or stamped name of Notary Public
exactly as commissioned.
FORM OF PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal,
hereinafter called Contractor, and
Florida, as Obligee, hereinafter called City, in the amount of
as Surety, are bound to the City of Doral,
Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, RFP #2013-32, awarded the day
of , 20 , with the City for Catch Basin Maintenance Services, in accordance with
specifications prepared by the City of Doral
part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
which Contract is by reference made a
1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2.
Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying Contractor
with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the
Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force
and effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to
furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a
notice that they intend to look to the Bond for protection.
2.2 A claimant who is not in privity with the Contractor and who has not received payment for their
labor, materials, or supplies shall, within ninety (90) days after performance of the labor, or after
64
complete delivery of the materials or supplies, deliver to the Contractor and to the Surety,
written notice of the performance of the labor or delivery of the materials or supplies and of the
non-payment.
2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety
unless the notices stated under the preceding paragraphs 2.1 and 2.2 have been given.
2.4 Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect the Surety's obligation under this Bond.
Signed and sealed this day of 2013.
WITNESS:
(Secretary)
65
(Name of Corporation)
(Signature)
(Type Name)
(Title)
CORPORATE SEAL:
IN THE PRESENCE OF; INSURANCE COMPANY:
State of
County of
On this, the
State of
corporate officer),
Corporation), a
By:
*Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
*(Power of Attorney must be attached)
day of 2013, before me, the undersigned Notary Public of the
the foregoing instrument was acknowledged by (name of
(title), of (name of
WITNESS my hand and official seal
❑ Personally known to me, or
❑ Produced identification
(Type of identification produced)
❑ Did take an oath, or
❑ Did not take an oath
(state of corporation) corporation, on behalf of the corporation.
(Signature)
Notary Public, State of:
Printed, typed or stamped name of Notary Public
exactly as commissioned.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing Payment Bond; that , who signed the Bond on
behalf of the Principal, was then
of said corporation; that I know
his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed
and attested to on behalf of said Corporation by authority of its governing body.
(CORPORATE SEAL)
(Name of Corporation)
END OF SECTION
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To the City of Doral,
We,
ACKNOWLEDGMENT OF CONFORMANCE
WITH OSHA STANDARDS
(Prime Contractor)
hereby acknowledge and
agree that we, as the Prime Contractor for City of Doral, Catch Basin Maintenance Program, RFP #2013-32, as
specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety
and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold
harmless the City of Doral, against any and all liability, claims, damages losses and expenses they may incur due to
the failure of:
(Subcontractor's Nome)
(Subcontractor's Name)
to comply with such act or regulation.
CONTRACTOR
ATTEST
END OF SECTION
68
BY:
I *AT :111.1kW-1
INSURANCE REQUIREMENTS — CATCH BASIN MAINTENANCE PROGRAM
Commercial General Liability
A. Limits of Liability
Bodily Injury & Property Damage Liability
Each Occurrence $1,000,000
Policy Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Products & Completed Operations $1,000,000
B. Endorsements Required
City of Doral listed as an additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
Explosion, Collapse & Underground Hazard
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage
Combined Single Limit
Any Auto/Owned Autos or Scheduled Autos
Including hired and Non Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Doral listed as an additional insured
Auto Pollution Endorsement MCS -90, or CA 9948
III. Workers Compensation
Statutory- State of Florida
;�7
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella/Excess Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Doral listed as an additional insured
V. Contractor's Professional/Pollution Liability
A. Limits of Liability
Each Claim $1,000,000
Policy Aggregate $1,000,000
Retro Date Included
The above policies shall provide the City of Doral with written notice of
cancellation or material change from the insurer in accordance to policy
provisions.
Companies authorized to do business in the State of Florida with the
following qualifications shall issue all insurance policies required above:
The Company must be rated no less than "A-" as to management, and no
less than "Class V" as to financial strength, by the latest edition of Best
Insurance Guide published by A.M. best Company, or its equivalent. All
policies or certificates of insurance are subject to review and verification
by Risk Management.
70
EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DORAL
AND
FOR
Catch Basin Maintenance Program
THIS AGREEMENT is made between , a Florida corporation, (hereinafter the
"Vendor"), and the CITY OF DORAL, FLORIDA, a Florida municipal corporation, (hereinafter the
"Qty" ).
WHEREAS, the Vendor and City, through mutual negotiation, have agreed upon a scope
of services, schedule, and fee for Catch Basin Maintenance Program (the "Services"); and
WHEREAS, the City desires to engage the Vendor to perform the services specified
below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Vendor and the City agree as follows.
1. Scope of Services/Deliverables.
1.1 The Vendor shall furnish professional services to the City as set forth in
the Scope of Services as specified in Section 3.1.
1.2 The "Scope of Services" includes a Project Schedule for the Project which
includes a breakdown of tasks, timeline and deliverables to the City.
2. Term/Commencement Date.
2.1 This Agreement shall become effective upon execution by both parties
and shall remain in effect through , 20_, unless earlier
terminated in accordance with Paragraph 8. The City Manager may
extend the term of this Agreement up to an additional 180 days by
written notice to the Vendor
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2.2 Vendor agrees that time is of the essence and Vendor shall complete
each deliverable for the Project within the timeframes set forth in the
Project Schedule, unless extended by the City Manager.
3. Compensation and Payment.
3.1 The Vendor shall be compensated in the following manner:
A lump sum amount of $ , regardless of the
number of hours or length of time necessary for Vendor to complete the
Scope of Services. Vendor shall not be entitled to any additional payment
for any expenses incurred in completion of the Scope of Services. A
breakdown of costs used to derive the lump sum amount, including but
not limited to hourly rates, estimated travel expenses and other
applicable rates, is specified in the Scope of Services. Upon completion
of the work, Vendor shall submit its bill[s] for payment in a form
approved by the City. The bill[s] shall identify the services completed and
the amount charged.
On a time and material/expense basis to complete the Scope of
Services, provided, however, that total payments to Vendor shall not
exceed $ , without the prior written approval of the
City. Vendor shall submit its bills in arrears upon the completion of each
task or deliverable in accordance with the Project Schedule or on a
monthly basis in a form approved by the City. The bills shall show or
include: (i) the task(s) performed; (ii) the time devoted to the task(s); (iii)
the hourly rate or rates of the persons performing the task(s); and (iv)
copies of receipts for reimbursable materials/expenses, if any. Expenses
not expressly authorized by the Agreement shall not be reimbursed.
3.2 The City shall pay Vendor in accordance with the Florida Prompt Payment
Act.
3.3 If a dispute should occur regarding an invoice submitted, the City
Manager may withhold payment of the disputed amount and may pay to
the Vendor the undisputed portion of the invoice. Upon written request
of the Finance Director, the Vendor shall provide written documentation
to justify the invoice. Any compensation disputes shall be decided by the
City Manager whose decision shall be final.
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4. Sub -contractors.
4.1 The Vendor shall be responsible for all payments to any sub -contractors
and shall maintain responsibility for all work related to the Project.
4.2 Any sub -contractor used on the Project must have the prior written
approval of the City Manager or his designee.
5. City's Responsibilities.
5.1 Furnish to Vendor, at the Vendor's written request, all available maps,
plans, existing studies, reports and other data pertinent to the services to
be provided by Vendor, in possession of the City.
5.2 Arrange for access to and make all provisions for Vendor to enter upon
real property as required for Vendor to perform services as may be
requested in writing by the Vendor (if applicable).
6. Vendor's Responsibilities.
6.1 The Vendor shall exercise the same degree of care, skill and diligence in
the performance of the Project as is ordinarily provided. If at any time
during the term of this Agreement or within one year from the
completion of the Project, it is determined that the Vendor's deliverables
are incorrect, defective or fail to conform to the Scope of Services of the
Project, upon written notification from the City Manager, the Vendor
shall at Vendor's sole expense, immediately correct the work. The City in
no way assumes or shares any responsibility or liability of the Vendor or
Sub -contractor under this agreement.
7. Conflict of Interest.
7.1 To avoid any conflict of interest or any appearance thereof, Vendor shall
not, for the term of this Agreement, represent any private sector entities
(developers, corporations, real estate investors, etc.), with regard to any
City related matter.
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8. Termination.
8.1 The City Manager without cause may terminate this Agreement upon
thirty (30) days written notice to the Vendor, or immediately with cause.
8.2 Upon receipt of the City's written notice of termination, Vendor shall stop
work on the Project.
8.3 In the event of termination by the City, the Vendor shall be paid for all
work accepted by the City Manager up to the date of termination,
provided that the Vendor has first complied with the provisions of
Paragraph 8.4.
8.4 The Vendor shall transfer all books, records, reports, working drafts,
documents, maps, and data pertaining to the Project to the City, in a hard
copy and electronic format specified by the City within 14 days from the
date of the written notice of termination or the date of expiration of this
Agreement.
9. Insurance.
9.1 The Vendor shall secure and maintain throughout the duration of this
Agreement insurance of such type and in such amounts as required by
Exhibit A. The insurance carrier shall be qualified to do business in the
State of Florida and have agents upon whom service of process may be
made in the State of Florida.
9.2 Certificates of Insurance shall be provided to the City at the time of
execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less
than thirty (30) calendar days' written notice shall be provided to the City
before any policy or coverage is cancelled or restricted, or in accordance
to policy provisions. The City further reserves the right to solicit
additional coverage, or require higher limits of liability as needed, and
depending on the nature of scope, or level of exposure.
10. Nondiscrimination.
10.1 During the term of this Agreement, Vendor shall not discriminate against
any of its employees or applicants for employment because of their race,
74
color, religion, sex, or national origin, and to abide by all Federal and
State laws regarding nondiscrimination
11. Attorneys' Fees and Waiver of Jury Trial.
11.1 In the event of any litigation arising out of this Agreement, each party
shall be responsible for their attorneys' fees and costs, including the fees
and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial
and appellate levels.
11.2 In the event of any litigation arising out of this Agreement, each party
hereby knowingly, irrevocably, voluntarily and intentionally waives its
right to trial by jury.
12. Indemnification.
12.1 Vendor shall defend, indemnify, and hold harmless the City, its officers,
agents and employees, from and against any and all demands, claims,
losses, suits, liabilities, causes of action, judgment or damages, arising out
of, related to, or any way connected with Vendor's performance or non-
performance of any provision of this Agreement including, but not limited
to, liabilities arising from contracts between the Vendor and third parties
made pursuant to this Agreement. Vendor shall reimburse the City for all
its expenses including reasonable attorneys' fees and costs incurred in
and about the defense of any such claim or investigation and for any
judgment or damages arising out of, related to, or in any way connected
with Vendor's performance or non-performance of this Agreement. This
section shall be interpreted and construed in a manner to comply with
any applicable Florida Statutes, including without limitation Sections
725.06 and 725.08, Fla. Stat., if applicable.
12.2 The provisions of this section shall survive termination of this Agreement.
12,3 Ten dollars ($10) of the payments made by the City constitute separate,
distinct, and independent consideration for the granting of this
indemnification, the receipt and sufficiency of which is voluntary and
knowingly acknowledged by the Vendor.
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13. Notices/Authorized Representatives.
13.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt
requested, or by a private postal service, addressed to the parties (or
their successors) at the following addresses:
For the City: Joe Carollo, City Manager
City of Doral, Florida
8401 NW 53rd Terrace
Doral, Florida 33166
With a Copy to: John Herin, Jr., Esq
City Attorney
Gray Robinson, P.A.
401 E. Las Olas Blvd., Suite 1850
Ft. Lauderdale, Florida 33301
For The Vendor:
14. Governing Law.
14.1 This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Exclusive venue for any litigation arising
out of this Agreement shall be in Miami -Dade County, Florida, or the
Southern District of Florida.
15. Entire Agreement/Modification/Amendment.
15.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made
or relied upon by either party, other than those that are expressly set
forth herein.
76
15.2 No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless
executed with the same formality as this document.
16. Ownership and Access to Records and Audits.
16.1 All records, books, documents, maps, data, deliverables, papers and
financial information (the "Records") that result from the Vendor
providing services to the City under this Agreement shall be the property
of the City.
16.2 The City Manager or his designee shall, during the term of this
Agreement and for a period of three (3) years from the date of
termination of this Agreement, have access to and the right to examine
and audit any Records of the Vendor involving transactions related to this
Agreement.
16.3 The City may cancel this Agreement for refusal by the Vendor to allow
access by the City Manager or his designee to any Records pertaining to
work performed under this Agreement that are subject to the provisions
of Chapter 119, Florida Statutes.
17. Nonassignability.
17.1 This Agreement shall not be assignable by Vendor unless such assignment
is first approved by the City Manager. The City is relying upon the
apparent qualifications and personal expertise of the Vendor, and such
firm's familiarity with the City's area, circumstances and desires.
18. Severability.
18.1 If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each remaining term and provision of this
Agreement shall be valid and be enforceable to the fullest extent
permitted by law.
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19. Independent Contractor.
19.1 The Vendor and its employees, volunteers and agents shall be and remain
independent contractors and not agents or employees of the City with
respect to all of the acts and services performed by and under the terms
of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
20. Compliance with Laws.
20.1 The Vendor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities relating to the Project.
21. Waiver
21.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a
waiver of the violation or breach, or of any future violation, breach or
wrongful conduct.
22. Survival of Provisions
22.1 Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination
of the Agreement, shall remain in full force and effect unless and until the
terms or conditions are completed and shall be fully enforceable by
either party.
23. Prohibition of Contingency Fees.
23.1 The Vendor warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
Vendor, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), company, corporation, individual or firm,
other than a bona fide employee working solely for the Vendor, any fee,
commission, percentage, gift, or any other consideration, contingent
upon or resulting from the award or making of this Agreement.
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24. Counterparts
24.1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterpart shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates
under each signature: The City, signing by and through its City Manager, attested to by its City
Clerk, duly authorized to execute same and by Vendor by and through its
whose representative has been duly authorized to execute same.
Attest:
CITY OF DORAL
iN
Barbara Herrera, City Clerk Joe Carollo, City Manager
Date:
Approved As To Form and Legal Sufficiency for the Use
And Reliance of the City of Doral Only:
John R. Herin, Jr., City Attorney
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Vendor
By: _
Its:
Date: