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HomeMy WebLinkAboutCity Compound Design & BuildCITY OF SE��T�I HOME OF PELICAN ISLAND 18-09 Request for Oualifications Design, Build of City Garage and Public Facilities Storage Building Compound City of Sebastian 1225 Main Street Sebastian, FL 32958 Paul Carlisle City Manager 772-388-8200 ocarlislc(d: O tN ofsebastian.ore City of Sebastian, FL Design Build Request for Qualifications #18-09 DESIGN, BUILD OF CITY GARAGE and PUBLIC FACILITIES STORAGE BUILDING COMPOUND Non -Mandatory Pre -Proposal Conference January 24, 2019 at 10:00am EST LAST DAY FOR QUESTIONS: February 4, 2019 at 2!00pm EST RFQ DUE DATE/TIME: February 22, 2019 at 3:OOpm EST RFQ NUMBER: #18-09 POINT OF RECEIPT: City Manager's Office City of Sebastian, FL Attn: Paul E. Carlisle City Manager 1225 Main Street Sebastian, FL 32958 Inquiries -AII inquiries concerning this proposal shall be addressed to the City Manager's Office. Contact with other departments or City representatives without permission of the City Manager may render your proposal void. An original and seven (7) bound copies of your proposal shall be submitted by the due date above. Outside of package must be clearly marked with RFQ number and project description above. RFQ 18-09 DESIGN, BUILD OF CITY GARAGE MAINTENANCE & STORAGE COMPOUND SECTION 1 GENERAL INFORMATION & INSTRUCTIONS 1) DEFINITIONS: a) City of Sebastian, FL hereinafter will be referred to as "City." b) "Proposer" shall be any entity or Individual submitting a proposal for the pending solicitation. c) All references to days in this solicitation mean calendar days, unless otherwise stated. d) All references to "shall," 'must," and "will" are to be interpreted as mandatory language. e) Request for Proposals is a procurement method selected for this pending solicitation and will be referred to as the "RFQ." f) "Successful Proposer" shall be the successful Proposer with whom the Design Build Contract is entered by the County. 2) PURPOSE a) The City seeks proposals from qualified Contractors to provide Design Build Construction services to construct the City Garage and Public Facilities Storage Building Compound in accordance with the specifications and conditions contained in this RFQ Package. b) This Request for qualifications has been compiled for the purpose of providing information, requirements, guidelines, specifications, and other data that can be used by Proposers who wish to submit a proposal for consideration. 3) INSTRUCTIONS a) The Proposer shall submit seven (7) sealed proposals, one clearly marked as "Original', and seven (7) copies, plus one (1) electronic copy, enclosed and secured in an envelope/package. The Proposer shall clearly mark and display the Proposer's name and address, the RFQ number and the project identification on outside of envelope/package. Glades County shall not be responsible for unidentified proposals. Proposals shall be addressed to: City Manager's Office Attn: Paul E. Carlisle City Manager 1225 Main Street Sebastian, FL 32958 Hand delivered proposals should be delivered to the same above -referenced address. b) The Proposer shall submit the proposal to the City Managers Office no later than February 22. 2019 at 3:00 PM EST at which time all proposals will be opened and only the names of the Proposers will be announced. Proposals received later than the deadline will not be considered and will be returned unopened. Proposers mailing their proposal must allow a sufficient mail delivery period to insure timely receipt of their proposal. The City of Sebastian is not responsible for proposals delayed by mail and delivery services. c) The City shall not be liable for any costs associated with the preparation of responses to this solicitation; therefore, all costs shall be borne by the Proposer. RFQ 18-09 City Garage and Public Facilities Storage Building Compound. d) There will a non -mandatory pre -proposal conference on January 24. 2019 at SO:OOam inside Council Chambers in Sebastian City Hall. The address is 1225 Main Street, Sebastian, FL 32958. All prospective Proposers should review the RFQ document and all Attachments and submit all questions and/or requests for additional information by the deadline of February 4, 2019 2:00 pm EDST. All questions relating to this RFQ must be submitted via email to Paul E. Carlisle, pcarlisle@cityofsebastian.org before the above deadline. e) It is the intent and purpose of the City that this solicitation promotes competition. It shall be the Proposers responsibility to advise the City Manager, in writing, if any language or requirements, or any combination thereof, inadvertently restricts or limits this solicitation to a single source. Such notification shall be submitted in writing, and must be received by the City Manager at least five calendar (5) days prior to proposal receipt date. A review of such notification shall be made by the City Manager. f) Prior to submitting a proposal, each Proposer shall carefully examine the RFQ document, study and thoroughly familiarize himself/herself with the specifications/requirements of the RFQ and the Contract Documents and notify The City of Sebastian of any conflicts, errors, or discrepancies. g) By submission of a proposal, the Proposer guarantees that all goods and services meet the requirements of the RFQ during the contract period. h) Failure to submit all required information may be determined as a non-responsive proposal. I) Any Proposer may withdraw its proposal prior to the closing time for the receipt of proposals. Correction or withdrawal of inadvertently erroneous proposals before or after the opening date, or cancellation of awards or contracts based on such mistakes, may be permitted subject to the following: j) Appropriate mistakes discovered by the Proposer before proposal opening may be modified or withdrawn by submitting written notice to the Procurement Department prior to the time set or proposal opening. ii) After opening, no changes in prices or other provisions of proposals prejudicial to the interest of the County shall be permitted. iii) Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of proposals, or to cancel awards, orcontracts, after award but prior to performance shall be supported by a written determination made by the City Manager. k) The Proposer shall follow the following directions for proposal preparation: I) All proposals shall be complete and carefully worded, and must convey all of the information requested by the City. If significant errors are found in the proposal, or if the proposal fails to conform to the essential requirements of the RFC, the City at its sole discretion will determine as to whether that variance is significant enough to reject the proposal. ii) Proposals are to be prepared simply and in a manner designed to provide the City with a straight forward presentation of the Proposers capability to satisfy the requirements of this RFQ. The Proposers proposal must, therefore, follow the RFC format, utilizing the same section titles, schedules, and paragraphs. iii) The Proposer must clearly mark as "Confidential' each part of their proposal which they consider to be proprietary information that could be exempt from disclosure under the State of Florida Freedom of Information Act (FOIA) as set forth in Florida Statute Section 286.011 or as amended. The City reserves the right to determine whether this information should be exempt from disclosure and no legal action may be brought against the City or its agents for its determination in this regard. iv) The Proposer shall make its proposal in the official name of the entity or individual under which business is conducted (showing official business address). RFQ 18-09 DESIGN, BUILD OF CITY GARAGE and PUBLIC FACILITIES STORAGE BUILDING COMPOUND. v) The Proposer shall include on the proposal the Federal Employer Identification Number (FEIN) and the DUNS number of the entity issuing the proposal (or in the absence of a FEIN and DUNS numbers, the Social Security Number of the individual issuing the proposal). vi) The Proposer shall include all applicable requested information and is encouraged to include any additional information the Proposer wishes to be considered. If the proposal includes any comments over and above the specific information requested in our RFQ the Proposer shall include this information as a separate appendix to the proposal. vii) The Proposer shall clearly write in ink or type -write all prices and quotations viii) A person duly authorized to legally bind the Proposer shall execute all required documents in ink. ix) Each copy of the proposal should be bound in a single volume where practical. 1) A Request for Proposals may result in additional negotiations. To maintain the integrity of the procurement process, all contacts and discussions shall be directed to the County Manager. m) Verbal comments or discussions by City personnel relative to this solicitation shall not be binding on the City. 4) EVALUATION AND AWARD CRITERIA a) EVALUATION The City Manager shall conduct proposal evaluations and present the recommendations to the City of Sebastian City Council for award. b) AWARD CRITERIA The Evaluation of the Proposals will be done using the criteria set forth in Exhibit A attached hereto. The City reserves the right to request Proposers to appear for an additional presentation followed by a question and answer period, in order to further evaluate qualifications. The additional presentations, if any, will also be scored and combined with prior scoring to determine the successful Proposer. The award of the contract, if awarded, will be made to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service. The award, if awarded, will take into consideration several factors, including the soundness and Flexibility of the proposal, functional capability, quality of performance, quality of service, and the time specified in the proposal for the performance of the contract, ability to provide support, and the Proposer's references. The City reserves the right to reject all proposals or accept such proposals, as appears in its own best interest, and to waive technicalities or irregularities of any kind in the proposal. The City Manager will make the recommendation to the full City Council, if applicable. The City Council has the right to accept or refuse the recommendation. c) NOTICE OF AWARD If awarded, the Notice of Award will be sent to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service. 5) PRELIMINARY MATTERS a) EXECUTION OF AGREEMENT. The Successful Proposer shall sign and deliver the Agreement and such other required Contract Documents to the City within ten (10) Calendar Days after the Notice of Award has been received by the Proposer. RFC, 18-09 DESIGN, BUILD OF CIN GARAGE and PUBLIC FACILITIES STORAGE BUILDING COMPOUND. b) DELIVERY OF CERTIFICATES OF INSURANCE AND BONDS. When the Successful Proposer delivers the executed Agreement to the City, the Successful Proposer shall also deliver to the City such Payment Bonds, Performance Bonds, and Certificates of Insurance as may be required. c) BEFORE STARTING CONSTRUCTION. i) Before undertaking each part of the Work, the Successful Proposer shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Successful Proposer shall immediately report in writing to the City any conflict, error or discrepancy which the Successful Proposer may discover. ii) Within twenty (20) Calendar Days after delivery of the executed Agreement by the City to the Successful Proposer, the Successful Proposer shall submit to the City for approval an estimated progress schedule indicating the starting and completion dates of the various stages of the Design Build process and a preliminary schedule of submissions. 6) GENERAL INFORMATION AND REQUIREMENTS a) AFFIRMATIVE ACTION. The Successful Proposer shall take affirmative action in complying with all Federal, State and City requirements concerning fair employment, employment of the handicapped, and concerning the treatment of all employees, without regard to or discrimination by reasons of race, color, sex, religion, national origin and/or physical handicap. b) AMBIGUOUS OFFERS. Proposals that are uncertain as to terms, delivery, compliance requirements, and/or specifications, may be rejected or otherwise disregarded. c) EXPLANATION TO PROSPECTIVE PROPOSERS. I) Every effort has been made to ensure that all information needed is included in this RFC. If the Proposer finds that he/she cannot complete his/her response without additional information; he/she may submit written questions to the issuing office on or before the deadline set forth herein. No further questions will be accepted after that date. ii) Any prospective Proposer desiring an explanation or interpretation of the RFC, shall request in writing, five (5) days prior to proposal receipt date, which will allow a reply to reach all prospective Proposers before submission of their proposal. iii) Oral explanations and/or instructions given before the award of the contract shall not be binding. Any information given to a prospective Proposer about this solicitation shall be promptly furnished to other prospective Proposers as an amendment, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Proposers. d) AMENDMENTS. All amendments to and interpretations of this solicitation shall be in writing and signed by the City. Any amendments or interpretations that are not signed and in writing shall not legally bind the City or its agents. It is the Proposer's responsibility to acknowledge receipt of amendments by signing and returning one (1) copy of the amendment with their proposal submittal. e) DISCUSSIONS. By a submission of a response to this solicitation, Proposer agrees that during the time following issuance of the solicitation and prior to final award of contract, Proposer shall not discuss this procurement with any party except the City Manager. Proposer shall not attempt to negotiate with any other parties, and shall not discuss any aspects of the procurement without prior written approval of the City Manager. f) AWARDING POLICY. I) The award of the contract shall be made in accordance with provisions of the Code of Ordinances of the City of Sebastian, Florida, to the responsive, responsible Proposer whose proposal is determined to be the most advantageous to the City based on the criteria discussed above. However, the City reserves the right to reject any and all proposals received, and in all cases, the City shall be the sole judge as to whether a Proposer's proposal has or has not satisfactorily met the requirements of this RFQ. ii) If awarded, this contract will be awarded to the responsible and responsive Proposer whose proposal is determined in writing to be in the best interest of the City of Sebastian (see Section 5 "Selection Process and Criteria"). The City will be the sole judge as to whether a proposal has or has not satisfactorily met the requirements of this RFQ. The document that will form the contract shall include this entire solicitation, all applicable amendments, and the successful Proposer's proposal. g) REJECTION OR ACCEPTANCE OF PROPOSALS; WAIVER OF TECHNICALITIES AND IRREGULARITIES. i) The City shall reserve the unqualified right to reject any and all proposals or accept such proposals, as appears in the City's own best interest. ii) The City shall reserve the unqualified right to waive technicalities or irregularities of any kind in solicitations made pursuant to this RFQ. iii) In all cases, the City shall be the sole judge as to whether a proposer's proposal has or has not satisfactorily met the requirements to solicitations made pursuant to this RFQ. iv) The City may reject any proposal that fails to conform to the essential requirements of the RFQ. v) The City may reject any proposal that does not conform to the applicable specifications unless the RFQ authorized the submission of alternate Proposals and the services offered as alternates meet the requirements specified in the RFQ. vi) The City may reject any proposal that fails to conform to any delivery schedule or permissible alternates stated in the RFQ. vii) The City may reject a proposal when the Proposer imposes conditions that would modify requirements of the invitation or limit the Proposers liability to the City, since to allow the Proposer to impose such conditions would be prejudicial to other Proposers. viii) A Proposer may be requested to delete objectionable conditions from a proposal provided the conditions do not go to the substance, as distinguished from the form of the proposal, or work an injustice on other Proposers. A condition goes to the substance of a proposal where it affects quality, or delivery of the services offered. ix) Proposals received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the proposal opening date shall be rejected unless a compelling reason determination is made. x) The City Manager must reject Proposals received from entities determined to be non- responsive. A) The originals of all rejected Proposals, and any written findings with respect to such rejections, shall be preserved with the papers relating to the RFQ. h) After submitting a proposal, if all of a Proposers assets or that part related to the proposal are transferred during the period between the proposal opening and the award, the transferee may not be able to take over the proposal. Accordingly, the City Manager shall reject the proposal unless merger, operation of law or other means not barred by law effects the transfer. I) PROTEST PROCEDURE I) Right to Protest. Any actual or prospective offeror or Proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the City Manager, except as otherwise stated in this section. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved prospective offeror, or Proposer knows or should have known of the facts giving rise thereto. ii) Authority to Resolve Protests. The City Manager shall have authority to settle and resolve a protest by an aggrieved offeror or Proposer, actual or prospective, concerning the solicitation or award of a contract. iii) Decision on Protests. If the protest is not resolved by mutual agreement, the City Manager shall issue a decision in writing within ten (10) calendar days. The decision shall: (a) state the reasons for the action taken; and (b) inform the protestant of the Protestant's rights to appeal the decision of the City Manager as provided in this Section. iv) Notice of Decision on Protests. A copy of the decision of this Section shall be mailed or otherwise furnished to the protestant. v) Finality of Decision on Protests. A decision under this Section shall be final and conclusive, unless a business adversely affected by the decision appeals administratively to the City Council in accordance with the City of Sebastian Code of Ordinances. j) COMPLETE DOCUMENTS. All supplementary documents and attachments are essential parts of this RFQ and requirements occurring in one are as binding as though occurring in all. k) CONTRACT ADMINISTRATION. Questions or problems arising after award of this contract shall be directed to the City Manager by calling 772-388-8203. Copies of all correspondence concerning this contract shall be sent to the City of Sebastian, City Manager, 1225 Main Street, Sebastian, FL 32958. All change orders must be authorized in writing by the City Manager. The City shall not be bound to any change in the original purchase order or contract without prior written approval of the City Manager. RFQ 18-09 DESIGN, BUILD OF CITY GARAGE and PUBLIC FACILITIES STORAGE BUILDING COMPOUND. 1) COVENANT AGAINST CONTINGENT FEES. The Proposer warrants that no person or selling 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 bona fide established commercial or selling agencies maintained by the Proposer for the purpose of securing business. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. m) DEFAULT. In case of default by the Successful Proposer, the City reserves the right to purchase any or all services in open market, charging said Proposer with any excess costs. Should such charges be assessed, no subsequent Proposals of the defaulting Proposer shall be considered until the assessed charges have been satisfied. n) SUBCONTRACTS. Proposer shall not subcontract work hereunder without the prior written consent of the City, and any such subcontract without consent of the City shall be null and void. If Proposer proposes to subcontract any of the work hereunder, it shall submit to the City the name of each proposed Subcontractor, with the proposed scope of work which its Subcontractor is to undertake. The City shall have the right to reject any Subcontractor which it considers unable or unsuitable to satisfactorily perform its duties. Proposer shall not enter into any cost reimbursable agreements with any proposed Subcontractor without City's prior written authorization. Notwithstanding any consent by the City to a proposed subcontract, Proposer shall remain responsible for all subcontracted work and services. Proposer agrees it shall be as fully responsible to the City for the acts and omission of its Subcontractors, their agents, representatives, and persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Proposer. Neither this provision, the agreement, the City's authorization of Proposers agreement with Subcontractor, City's inspection of a subcontractors facilities or work, or any other action taken by the City in relation to a Subcontractor shall not create any contractual relationship between any Subcontractor and the City. Proposer shall include in each of its subcontracts a provision embodying the substance of this provision and shall exhibit a copy thereof to the City before commencement of any work by a Subcontractor. Proposers violation of this provision shall be grounds for the City's termination of this agreement for default, without notice or opportunity for cure. In addition, Proposer indemnifies and holds the City harmless from and against any claims )threatened, alleged, or actual) made by any Subcontractor of Proposer (of any tier) for compensation, damages, or otherwise, including any cost incurred by the City to investigate, defend, or settle any such claim. o) INSURANCE REQUIREMENTS The Successful Proposer shall procure, maintain, and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from, or in conjunction with, the work performed on behalf of the City by the Successful Proposer, his agents, representatives, employees or subcontractors. A Certificate of Insurance shall be submitted within ten (10) Calendar Days after the Notice of Award has been received by the Proposer and such coverage shall be maintained by the Successful Proposer for the duration of the contract period; for occurrence policies. Commercial General Liability Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability Form Including Products/Completed Operations. Minimum Limits: $2,000,000 General Aggregate Limit $2,000,000 Products & Completed Operations $2,000,000 Personal & Advertising Injury $2,000,000 Each Occurrence Limit $50,000 Fire Damage Limit $5,000 Medical Expense Limit Business Commercial Automobile Liability Coverage sufficient to cover all vehicles owned, used, or hired by the Successful Proposer, his agents, representatives, employees or subcontractors. Minimum Limits: $1,000,000 Combined Single Limit $1,000,000 Each Occurrence Limit $5,000 Medical Expense Limit Workers' Compensation Limits as required by the Workers' Compensation Act of SC, to include state's endorsement for businesses outside of FL. Employer's Liability, $1,000,000. Professional Liability (if Engineering or Professional Services are required) Minimum limits are $1,000,000 per occurrence. Insurance Coverage Provisions I) All deductibles or self-insured retention shall appear on the certificate(s). ii) The City of Sebastian, FL, its' officers/ officials, employees, agents and volunteers shall be added as "additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability. iii) The Successful Proposer's insurance shall be primary over any applicable insurance or self-insurance maintained by the County. iv) Shall provide 30 days written notice to the City before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable. v) All coverage for subcontractors of the Successful Proposer shall be subject to all of the requirements stated herein. vi) All deductibles or self -Insured retention shall appear on the certificates) and shall be subject to approval by the County. At the option of the City, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the Successful Proposer shall be required to procure a bond guaranteeing payment of losses and related claims expenses. vii) Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the City, its officers/officials, agents, employees and volunteers. viii) The insurer shall agree to waive all rights of subrogation against the City, its' officers/officials, agents, employees orvolunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence. ix) The Successful Proposer shall furnish the City certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached. x) All insurance shall be placed with insurers who are lawfully authorized to do business in the state of FL, and who maintain an A.M. Best rating of no less than an A:VIL If A.M. Best rating is less than A:VII, approval must be received from the City's Risk Manager. p) ASSIGNMENT OF AGREEMENT. No agreement may be assigned, sublet, or transferred without the prior written consent of the City. This RFO package, the negotiated results documented in writing, and the winning Proposer's proposal shall constitute the entire agreement. q) STATEMENT OF COMPLIANCE AND ASSURANCES. I) Proposers to be eligible for consideration shall be required to certify in writing, that the firm or agency represented in the proposal submitted, complies with all applicable federal and state laws/regulations and City ordinances. ii) Proposers shall be required to provide with each proposal, a written assurance of non -collusion and understanding and acceptance of any and all provisions stated in this agreement. iii) A statement of Assurance, Compliance and Non -collusion, a copy of which is attached hereto as Exhibit R, along with other statements and certifications shall be provided to Proposers and be part of each solicitation and shall be part of this agreement. r) DRUG FREE WORKPLACE ACT. It is the intent of the City to comply with the requirements set forth in the Code of Laws of Florida, and shall apply to all procurement actions involving an award for FIFTY THOUSAND dollars, ($50,000.00) or more. Proposers shall be required to execute a statement certifying that they understand and are in full compliance with the Drug Free Workplace Act, a copy of which is attached hereto as Exhibit C, Failure to comply with this requirement shall result in rejection of a proposal. s) EXAMINATION OF RECORDS, The City Manager or his duly authorized representative(s), and/or duly authorized representative from the Managers Office shall until three (3) years after final payment under the agreement resulting from this RFC, have access to and the right to papers and other records involving transactions related to the agreement to be awarded hereunder. t) Florida SALES TAX. The City of Sebastian is not subject to Florida Sales Tax on all purchases of goods and services. Therefore, sales tax must not be added to all orders. When applicable, net prices as shown in the proposal shall exclude such Federal and State Tax amounts. u) FAILURE TO SUBMIT PROPOSAL. Recipients of this solicitation not responding with a proposal should return the "No Proposal" form attached as Exhibit D hereto. If a recipient does not submit a proposal or fails to respond by submitting a .no proposal" for three (3) consecutive proposals for the same commodity, they shall be removed from the applicable Proposer list. V) NON -APPROPRIATION In case of non -appropriation of funds from the City, the federal government or otherwise, the City may terminate the Design Build Agreement in whole or in part without further obligation to the Proposer. W) FORCE MAIEURE. The Proposer shall not be liable for any excess costs if the failure to perform the agreement resulting from this RFO arises out of causes beyond the control and without fault or negligence of the Proposer, including an act of God, earthquake, Flood, cyclone or other cataclysmic phenomenon of nature, a rain, windstorm, high water or other natural phenomenon of unusual intensity for the locality where the Work is to be performed, but which might reasonably have been anticipated from historical records of the general locality shall not be construed as an act of God, the act of the public enemy, fire, explosion, perils of the sea, war, riot, sabotage, embargo, or any other circumstances of like or different character beyond the reasonable control of the Proposer, or by interruption or delay in transportation, labor trouble of a supplier from whatever cause arising and whether or not the demands of the employees involved are reasonable and within the affected party's power to concede or compliance with any order or request of any governmental officer, department, agency or committee. Provided; however, that any failure which the Proposer intends to rely upon as an excuse for failure to perform or failure to perform in a timely manner, shall only be considered by the City if the Proposer has given the City written notice of intention to rely upon such act within ten (10) Calendar Days after the occurrence giving rise to the delay. Upon the occasion of such event, the parties shall meet and confer and any additional time necessaryshall be fixed by the County, which determination shall be final. x) IMPROPER INFLUENCE AND PROHIBITION OF GRATUITIES. 1) Soliciting of special interest groups or appointed and elected officials with the intent to influence contract awards or to overturn decisions of the City Manager is hereby prohibited. Violation of this provision may result in suspension or debarment. li) No person may offer or pay to a public official, public member, or public employee and no public official, public member, or public employee may solicit or receive money in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee. y) INDEMNIFICATION. Proposer shall indemnify, defend and hold harmless the City, its employees, Council members, agents, attorneys, and officers, each from and against all loss, damage, claims, and actions, and all expenses, including, but not limited to, attorney's fees and costs, incidental to such claims or actions, including but not limited to liability as a result of injury to or death of any person, based upon or arising out of damage to property or injuries to persons or other tortious acts caused or contributed to by the Proposer or anyone acting under Its direction or control or in its behalf in the course of its performance under the agreement to be entered hereunder, and directly or indirectly caused, in whole or in part, by acts or omissions, negligence or otherwise, of Proposer or an agent of the Proposer or an employee of anyone of them, regardless of the negligence of the City or its employees, be it active or passive, except where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful misconduct of the City. Upon request of the City, Proposer shall, at no cost or expense to the City, defend any suit asserting a claim for any loss, damage or liability specified above, and Proposer shall pay any cost and attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. 10 z) PROPOSER'S QUALIFICATIONS. Proposals shall be considered only from Proposers who are regularly established in the business called for, and who in the judgment of the City are financially responsible and able to show evidence of their reliability, ability, experience, facility and personnel directly employed or supervised by the Proposer. Proposer must be able to render prompt and satisfactory service in the volume called for under the agreement. City may make such investigation, as it deems necessary to determine the ability of the Proposer to perform the work. The Proposer shall furnish to the City all such information and data as the City may request, including, if requested, a detailed description of the method and program of the work which the Proposer proposes to use. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. Conditional proposals will not be accepted. aa) PROPOSER'S RESPONSIBILITY. Each Proposer shall fully acquaint itself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this solicitation. The failure or omission of a Proposer to acquaint itself with existing conditions shall in no way relieve the Proposer of any obligation with respect to this solicitation or agreement. bb) PUBLICITY RELEASES. Proposer agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the City. The Proposer shall not have the right to include the City's name in its published list of customers without prior approval of the City. With regard to news releases, only the name of the City, type and duration of contract may be used and then only with prior approval of the City. The Proposer also agrees not to publish, or cite in any form, any comments or quotes from the Cityy Staff, unless it is a direct quote from the City Manager, cc) SEVERABILITY. If any term or provision of any agreement resulting from this solicitation shall be found to be illegal or enforceable, notwithstanding any such legality or enforceability, the remainder of said agreement shall remain in full force and effect, and such term or provision shall be deemed to be deleted and severable therefrom. dd) NON-RESIDENT TAXPAYER REGISTRATION AFFIDAVIT. The form attached as Exhibit E must be completed by any Proposers that do not have a business that resides in Florida. ee) E -Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ff) State of Florida LAW CLAUSE. Upon award of a contract under this proposal, the person, partnership, association or corporation to whom the award is made must comply with the laws of the State of Florida which require such person 11 or entity to be authorized and/or licensed to do business within the State. Notwithstanding the fact that applicable statutes may exempt or exclude the Proposer from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed bid, the Proposer agrees to subject himself to the jurisdiction and process of the courts of the State of Florida as to all matters and disputes arising or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State. gg) CONFIDENTIAL INFORMATION. The City will mark as "Confidential" any information which the City considers to be proprietary, confidential information (the "City's Confidential Information'). The City's Confidential Information which may be as part of this RFO, or otherwise provided as a part of the procurement process, is the property of the City. Without the prior written consent of the City, the Proposer will not, at any time, use, publish, sell, deliver or otherwise disclose the City's Confidential Information to any third party or for the benefit of anyone other than the City. The Proposer will promptly advise the City in writing if it learns of any unauthorized use or disclosure of the City's Confidential Information. The City's Confidential Information is and shall continue to be the exclusive property of the City. Immediately upon the Award, the Proposer, if not the Successful Proposer, shall deliver to the City or certify the destruction or permanent deletion of all the City's Confidential Information and all copies of the City's Confidential Information, in any media or format, then in its actual or constructive possession or control and the Proposer shall cease using any of the City's Confidential Information, at any time, when so requested by the City. The Proposer shall indemnify and hold harmless the Cityor anyone directly or indirectly employed by the City from and against all claims, damages, losses, and expenses, including attorneys' fees, arising out of any unauthorized use or disclosure of the City's Confidential Information by the Proposer and shall defend all such claims in connection with any alleged infringement of such rights. The undersigned Proposer has read and understands the provisions contained herein and agrees to be bound by same. PROPOSER (Name of Corporation or Entitv) By: Name: Title: Signature: Date: THIS PAGE MUST BE SIGNED AND RETURNED WITH PROPOSAL EXHIBITA EVALUATION CRITERIA Note: The proposals will be publicly opened. Only the names of the proposers will be disclosed at the opening. Contents of the proposal shall not be disclosed during the evaluation or negotiation phases. Proposals shall be available for public inspection after award of the agreement. Proposals must be clearly marked "CONFIDENTIAL" for each part of the proposal that is considered to be proprietary information that could be exempt from disclosure. If any part is designated as "CONFIDENTIAL", there must be attached to that part an explanation of how this information conform to the Confidential requirements under Florida Statutes . The City reserves the right to determine whether this information should be exempt from disclosure. 12 The City shall evaluate each written proposal, determine whether oral discussions are necessary, then based on the content of the written proposal and any oral discussion, select the proposer best qualified for the project and which is most advantageous to Glades County, based on the following factors listed below. The evaluation criteria will be: 1. Qualifications/Capabilities of the Firm —30% 2. Qualifications of Individuals within the firm/Project Manager/Architect- 20% 3. Experience with similar projects and References -30% 4. Financial & Bonding Capacity — 20% The City reserves the right to accept and/or reject any and all proposals received as a result of this request, and to negotiate with any and all qualified proposers. An award resulting from this request shall be made to the responsive and responsible proposerwhose proposal is determined to be in the best interests of The City of Sebastian, taking into consideration the cost and the evaluation factors set forth herein. The City will be the sole judge as to whether a proposal has satisfactorily met the requirements of this request for proposal. The City Manager will evaluate individual proposals. Any proposer determined to be technically unqualified, or whose proposal is deemed unresponsive, will not be considered further. Any proposer that has demonstrated poor performance during either a current or previous agreement with the City of Sebastian may be considered as an unqualified source and their proposal may be rejected. The City reserves the right to exercise this option as is deemed proper or necessary. EXHIBIT B Statement of Assurance, Compliance, and Non -Collusion (1) The undersigned, as Proposer, certifies that every provision of this proposal has been read and understood. Attach signed form to your proposal. (2) The Proposer hereby provides the following representations and assurances: (a) The Proposer represents that he has familiarized himself with and assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, the Work, the locality, local conditions, state, and local laws, ordinances, rules and regulations, as well as all applicable statutes, regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, terms and conditions, and approved applications which are applicable to the Project and the Work or that may in any manner affect performance of the Work; and (b) The Proposer shall comply with all requirements, stipulations, terms and conditions as stated in the proposal/proposal document; and (c) The Proposer currently complies with all Federal, State, and local laws and regulations regarding employment practices, equal opportunities, industry and safety standards, performance and any other requirements as may be relevant to the requirements of this solicitation; did not participate in the development or drafting specifications, requirements, statement of work, etc. relating to this solicitation; and (d) The Proposer has not colluded with other Proposers possibly interested in this proposal in arriving at or determining prices and conditions to be submitted; and (e) No person associated with Proposer's firm is an employee of The City of Sebastian. Should Proposer, or Proposer's firm have any currently existing agreements with the City, Proposer must affirm that said contractual arrangements do not constitute a conflict of interest in this solicitation; and (f) Such agent as indicated below, is officially authorized to represent the firm in whose name the proposal is submitted. (Name of Corporation or Entity) By: 13 Date: Print Name Title: EXHIBIT C DRUG FREE WORKPLACE STATEMENT Drug and Alcohol Testing The Contractor shall provide a drug and alcohol testing policy with bid, outlining the contractor's drug testing procedures. The expense of the drug testing shall be that of the contractor. When reasonable cause exists to believe that a contractor's employee is violating the provisions of the City Council's Substance Abuse Guidelines, the City reserves the right to inspect all contractor work areas, which include any personal items brought onto City premises including personal vehicles. Any violation of the provisions of the City of Sebastian's Substance Abuse Guidelines by a contractor or contract employee will result in the immediate removal from the work site. Attached signed form with proposal. EXHIBIT D NO RESPONSE If a "No Proposal" is to be submitted, please check the appropriate box(es) below and return this form, prior to the proposal opening date, to: City Manager's Office Attn: Paul E. Carlisle City Manager 1225 Main Street Sebastian, FL 32958 Cannot respond to this solicitation due to the following reason: o Do not sell or provide the requested goods or services o Cannot comply with specifications/statement of work o Specifications/statement of work is unclear o Cannot meet delivery or period of performance o Delivery/period of performance is unreasonable o Cannot meet the bond requirements o Not enough time to prepare proposal o Plan to subcontract o Job is too large o Job is too small o Other(please specify) (Name of Corporation or Entity) By: Date: Print Name: Title: 14 Exhibit E SECTION 2INTRODUCfION & BACKGROUND The City of Sebastian is seeking competitive sealed Design Build proposals from qualified Proposers (Design Build Contractors) with the ability and capacity to design, construct, manage and provide all construction administration for two metal buildings. Building "A" is to measure approximately 25,600 square feet, comprised of 12,600 SF of Office Space and 13,000 SF of Shop space with 20' wide overhangs around the shop perimeter. Building "B" is to measure approximately 14,000 square feet of Garage Storage Space with 20' overhangs around its perimeter; a fuel tank station; and vehicle wash station; 2,000 feet of driveway and 163,500 SF of pavement area, all of which is to be located on a 21.54 +/- acre parcel, located on Airport Drive West, Sebastian, FL 32958. The City of Sebastian will be the Owner for this construction project. The proposed Building "A" is anticipated to have at least six office rooms measuring approximately 196 SF each; a lunchroom with kitchenette; two classrooms and two conference rooms; and restroom facilities including showers and lockers. The Shop space in Building "A" shall include twelve (12) 14'x16' roll up doors and a minimum of live (5) truck bays, personal entry doors, circulation fans, lighting, and electrical drops in each bay. Building "B" will be an open garage -storage -warehouse space with five 14' by 16' roll up doors and truck bays, personal entry doors, circulation fans lighting and electrical drops in each bay. Each Proposer shall include with their submittal a draft floor plan of the office/classroom, warehouse and a conceptual rendering of the exterior of the building. SECTION 3 SCOPE OF WORK & DESIGN BUILD REQUIREMENTS A design -build concept will be used whereby the City, through this Request for Qualifications process, shall select one firm (or joint venture) to design/build for this project. The final architectural style, material and construction quality, and cost of the project shall be developed through a series of staff/board committee and designer/builder work sessions. This will enable the project to be developed through a progression of decisions. The Proposer will arrange for the Owner's review and obtain approvals of design documents at specified intervals during design development. The Proposer will conduct progress review meetings with the Owner to include: • Schematic conceptual reviews • Design Development reviews • Construction Document development reviews CODES, PERMITS, FEES AND INSPECTIONS • The Proposer will be responsible to ensure that the design details and construction methods meet all applicable code requirements. It is not the intent of this RFQ to violate any codes or laws. In the event of an inadvertent conflict between this RFQ's requirements and codes and/or laws, the Proposer shall comply with all codes and laws. • The Proposer will interface with local authorities, and utility companies as required. • The Proposer will identify and obtain all reviews and permits applicable to the design and construction. • The Proposer will pay all fees, including but not limited to: building permit fees, plan review fees, water and sewer capacity and/or tap fees; meter fees; and utility connection fees. EXECUTION OF THE WORK The Proposer will complete the following: 15 • develop schematic conceptual designs • develop construction documents • execute and hold all subcontracts • provide all labor, materials and equipment • perform all construction work • obtain the Owner's review and approval of all submittals during construction. • conduct periodic construction progress meetings with the Owner • participate in substantial completion inspections. • obtain the Certificate of Occupancy • complete punch work and perform or provide all other services and tasks necessary to complete and close out the scope of work. GUARANTEES AND WARRANTEES In addition to turning over to the City of Sebastian all manufacturers' warrantees and guarantees for building supplies, equipment and appliances, the Proposer shall remedy any defects due to faulty materials or workmanship and pay for any damage to other work or to the existing facility resulting there from, which shall appear within a period of one year from the date of final payment. PROJECT DEVELOPMENT REQUIREMENTS The City's plan to develop this project shall fall Into four phases. The four major phases and goals for each phase are as follows: 1. SCHEMATIC PHASE During this phase the designer/builder shall study the proposed designs and the site to rapidly evaluate the proposed design. Items to be completed in this phase include: • round table discussions where concerns and ideas are adopted and formulated into final sketch plans of the site and building • a rough cost estimate of the project within bounds of the sketch format • The cost estimate, based upon all information developed in this phase, shall include the fee for design/build services for the second phase. It must be understood that the final consensus size, shape and architectural style must be clearly established during the schematic phase. If budget constraints require downsizing, or an alternate approach to this project, this must be settled during the schematic phase. This will require a substantial understanding of the City's priorities. Clear and concise communication and rapport will be an important qualification in the selection of the design/build team. 2. DESIGN DEVELOPMENT PHASE This phase begins the development of the construction drawings and material specifications based upon the approved schematic phase. During this phase, the experience of the designer/builder is required to advise the City as to the best value for its money; i.e., roof materials and other major materials and their quality. Key decisions involving cost in these areas shall be discussed with the City to allow for input and selection of options wherever possible. 3. CONSTRUCTION DOCUMENTS Upon approval of the design development documents, the design/builder shall prepare Construction documents that consist of, but not be limited to, drawings and specifications setting forth the detailed requirements for construction of the project. The construction documents shall constitute the basis of the construction contract. Working drawings will be prepared during this time. 16 Final products from this phase shall include: • a complete set of working drawings and materials specifications • a construction schedule • a final negotiated construction cost for facility • a construction contract 4. CONSTRUCTION PHASE This phase is the actual construction of the facility based upon the negotiated contract and construction cost developed in Phase Three. The design/builder will be required to furnish a performance and payment bond in the full amount of the final negotiated construction cost. During the construction, the City will inspect all materials and workmanship and require adherence to all working drawings and specifications developed in Phase Three. The design/builder shall be required to adhere to all national, state, and local codes and laws. Progress payments shall be as stipulated in the negotiated design/build contract from Phase Three. SECTION 4 PROPOSAL FORM Name of Party making the Proposal: To: City Manager, City of Sebastian, FL 1. Pursuant to the Request for Proposals and the other Proposal documents contained in the Proposal package, the undersigned party making the Proposal, having become familiarized with the project and a thorough inspection and evaluation of the local conditions affecting the performance of the services, hereby proposes and agrees to be bound by all the terms and conditions of the Agreement, if selected by the County, and agrees to perform, within the time stipulated, the services to be performed hereunder, including everything required to perform the services and complete in a good workmanlike manner all of the work required in connection with the following: PROJECT: RFQ 18-09 DESIGN, BUILD OF CITY GARAGE MAINTENANCE & STORAGE COMPOUND All in strict conformity with the Agreement, including all exhibits and addenda thereto, the undersigned party making the Proposal hereby submits the following Proposal items: A) A description of corporate qualifications and relevant experience of the undersigned, including, without limitation, a thorough summary of the undersigned's qualifications to perform the work required the general qualifications and technical competency of the individuals in the firm, the specific qualifications and technical competency of the individuals to be involved in the project. Include the name and experience of the Project Manager and proposed Architect, and a comprehensive list of similar projects he/she has completed in the past ten (10) years, to include the name and telephone number of the undersigned's contact persons for such projects. Attach as Schedule A. B) Quarterly financial statements for the last four quarters and the most recent annual financial statement for the Proposer. Include a letter from the Proposer's bonding company stating their bonding capability. Also include a list of recent projects' bonding amounts and list any claims filed against such bonds. 17 Attach as Schedule B. C) A detailed description of the general experience of the firm and examples of specific experience on projects of similar scope. Describe what differentiates your company and proposal from your competitors. Questions and References detailed in Section 5 will be applicable to this Experience section for the Evaluation Criteria. Include at least three references with contact information for Design Build projects that your firm has completed within the last three years. Attach as Schedule C. D) Attach as Schedule D a statement that the undersigned will comply with the insurance requirements stated in General Information, section (6) (o). 2. Each individual Proposal shall be evaluated based on the requirements and specifications and all other portions of the Proposal documents, and shall include all items necessary to perform the services, including the assumption of all obligations, duties, and responsibilities necessary to the successful completion of all obligations of the Agreement and all supplies, transportation, facilities, equipment, labor, and services required to perform and complete the work, and any and all bonds, insurance and submittals, pursuant to the requirements of the Proposal Package, including, but not limited to, the Agreement and all Proposal documents, whether or not expressly listed or designated. 3. It is understood that the City reserves the right to reject this Proposal and that this Proposal shall remain open and not be withdrawn for the period specified in the Request for Proposals. 4. It is understood and agreed that if written notice of award of contract is mailed, transmitted by facsimile, or delivered to the party making the Proposal after the opening of the Proposal, and within the time this Proposal is required to remain open, or at any time thereafter before this Proposal is withdrawn, the party making the Proposal will execute and deliver to the City the Agreement, as well as certificates of insurance on or before the tenth (10th) day after the mailing of said notice. The party making the Proposal further agrees that the work under the Agreement shall be commenced by the party making the Proposal, if awarded the contract, on or before the tenth (10th) day following receipt of City's Notice to Proceed. S. The undersigned hereby warrants that the party making the Proposal has all required licenses, if any, that such license(s) entitles the party making the Proposal to provide the services, that such license(s) will be in full force and effect throughout the duration of performance under the Agreement, and that any and all subcontractors to be employed by the undersigned will have appropriate licenses. 6. The party making the Proposal hereby certifies that it is, and at all times during the performance of work hereunder shall be, in full compliance with the provisions of set forth in Florida Building Code latest Edition. 7. It is understood and agreed that if requested by the City, the party making the Proposal shall furnish additional notarized financial statements, references, and other information required by the City sufficiently comprehensive to permit an appraisal of the party making the Proposal's ability to perform the Agreement. B. The undersigned hereby warrants that all services shall be completed in a timely fashion pursuant to the Agreement. Time is of the essence. 9. The undersigned warrants that the required Non -Collusion Affidavit has been properly executed, notarized and is attached. THE UNDERSIGNED hereby declares that all of the representations of this Proposal are made under penalty of perjury under the laws of the State of Florida. (Name of Corporation or Entity) By: Date: Print Name: Title: W-1 This Page left Blank 19 SCHEDULEA Statement of Qualifications SEE ATTACHED 120 SCHEDULE Financial Statements and Bonding Capability SEE ATTACHED 21 SCHEDULEC Experience & References SEE ATTACHED 22 SECTION 5 INFORMATION REQUIRED OF PARTY MAKING THE PROPOSAL THIS SECTION MUST BE FULLY COMPLETED The party making the Proposal shall furnish all the following information accurately and completely. Failure to comply with this requirement will render the Proposal informal and may cause its rejection. Additional sheets may be attached if necessary. "You" or "Your" as used herein refers to the Party making the Proposal's firm and any of its owners, officers, directors, shareholders, parties or principals. County has discretion to request additional information depending on the Project. 1. Firm name and address: 2. Telephone No.: 3. Type of Entity: (check one) Individual _ Partnership _ Corporation Limited Liability Company _ Other 4. License No. (if any) Class: Name of license holder D -U -N -S Number 5. Have you or any of your principals ever been licensed under a different name or different license number? Response must include information pertaining to principals' association outside of the firm. If Yes, give name and license number: 6. Names and titles of all principals of the firm: 7. Number of years in the industry: 8. Has your firm or any of its principals defaulted so as to cause a loss to a surety? Response must include information pertaining to principals' association outside of the firm. If the answer is "Yes," give dates, names and address of surety and details. 9. Have you or any of your principals been assessed damages for any services rendered in the past three (3) years? Response must include information pertaining to principals' association outside of the firm. If Yes, explain: 30. Have you or any of your principals been in litigation or arbitration or a dispute of any kind on a question or questions relating to services rendered during the past three (3) years? Response must include information pertaining to principals' association outside of the firm. If Yes, provide name of public agency and details of the dispute on a separate sheet and attach. 11. Have you or any of your principals ever failed to complete a contract in the last three (3) years? Response must include information pertaining to principals' association outside of the firm. If so, give details on a separate sheet and attach. 12. Do you now or have you ever had any direct or indirect business, financial or other connection with any official, employee or consultant of the County? If so, please elaborate. 13. List of References: Contracts of similar nature within the last three (3) years. County has discretion to require more than three (3) references. 23 Contract Organization Amount of Contract Change Completed Contact person Order y/N Date and phone number 14. Where is your nearest office to the City of Sebastian, Florida? 15. Name(s) and bias of person(s) who will serve as our contact. Please provide on separate sheet 16. How many employees are in your company? 17. Name, phone number and email for person who will be the main contact for any questions arising from this RFO, 24 I certify and declare under penalty of perjury under the laws of the State of Florida that the foregoing Information Required of the Party Making the Proposal provided by me herein is true and correct. Executed this_ day of 20_ (Name of Corporation or Entity) By: Print Name: Title: STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of 20� by as of . who is personally known to me or has produced as identification. SEAL: Notary Signature: Notary Name SWORN STATEMENT PURSUANTTO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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 (print name of public entity) by (print individual's name and title) for (print name of entity submitting sworn statement) 2. Whose 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: 3. 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 orthe 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 or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. 1 understand that "convicted" or "conviction as defined in paragraph 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 trial 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. 5. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a) Florida Statutes, means: L A predecessor or successor of a person convicted of a public entity crime; or ii. An 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, executives, partners, shareholders; 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 equipment or income among persons when not for fair market value under an arm's length agreement shall be prima facie case that one person controls another person. A person knowing 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 Paragraph 287.133(1)(e) Florida Statutes, means any natural person entity organized under the laws of any state or the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person includes those officers, directors, executives, partners, shareholders, members, and agents who are active in the management of an 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, or one of its officers, directors, executives, partners, shareholders, members, and agents who are active in the management of the entity, nor any M. 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, members, and 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, members, and 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. 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 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. (Signature) STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of 20� by as of who is personally known to me or has produced as identification. SEAL: Notary Signature: Notary Name: Notary Public -State of Florida My Commission #: Expires on: 27 NON -COLLUSION AFFIDAVIT State of Florida County BEFORE ME, the undersigned authority, personally appeared who, after being by me first duly sworn, deposes and says of his/her personal knowledge That: (1) He/she is of .the Proposer that has submitted a proposal to perform work for the followings. Bid ft: Bid Name: (2) He/she is 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 Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Town/City/County of oranyperson interested in the proposed Contract: and; (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 Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this day of 2004 by . who is personally known to me or who has produced as identification. SEAL: Notary Signature: Notary Name: Notary Public -State of Florida My Commission p: Expires on: 28 DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the Village 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 Bids will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of 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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition 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 later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature 29