medley RFQ 2026-001 Townwide Roadway Maintenance and Resurfacing Services.pdf

TOWN OF MEDLEY

REQUEST FOR QUALIFICATIONS

TOWNWIDE ROADWAY MAINTENANCE AND

RESURFACING SERVICES

RFQ 2026-001

DATE ISSUED: 4/27/2026

TABLE OF CONTENTS

SECTION PAGE

Instructions to Bidders Page 4

SECTION 1 GENERAL TERMS AND CONDITIONS Page 6

1-1 Definitions Page 6

1-2 Availability of Request for Qualifications Page 10

1-3 Cone of Silence Page 10

1-4 Minimum Requirements Page 11

1-5 Solicitation Timetable Page 12

1-6 Method of Award Page 12

1-7 Method of Payment Page 13

1-8 Insurance Page 13

1-9 Contents of Proposal Page 14

1-10 Evaluation Criteria Page 19

1-11 Compliance with Federal, State and Local Laws Page 20

1-12 Point of Contact Page 20

1-13 Contents of Solicitation Page 20

1-14 Late Proposals, Late Modifications, and Late Withdrawals Page 22

1-15 Solicitation Postponement or Cancellation Page 22

1-16 Cost of Proposals Page 22

1-17 Oral Presentations Page 23

1-18 Exceptions to the Solicitation Page 23

1-19 Proprietary/Confidential Information Page 23

1-20 Evaluation of Proposals Page 23

1-21 Negotiations Page 24

1-22 Award of an Agreement Page 24

1-23 Right of Appeal Page 26

SECTION 2 SCOPE OF WORK AND SPECIFIC REQUIREMENTS Page 20

2-1 Purpose Page 20

2-2 General Description Page 20

FORMS Page 95

SECTION 3 SAMPLE AGREEMENT Page 95

SECTION 4 PROPOSAL COVER SHEET Page 111

SECTION 5 ADDENDA ACKNOWLEDGEMENT FORM Page 112

SECTION 6 PROPOSER’S INFORMATION FORM Page 113

SECTION 7 PROPOSER’S DISCLOSURE OF SUBCONTRACTORS Page 116

SECTION 8 DRUG-FREE WORKPLACE AFFIDAVIT Page 118

SECTION 9 ANTI-KICKBACK AFFIDAVIT Page 120

SECTION 10 NON-COLLUSIVE AFFIDAVIT Page 121

SECTION 11 NON-DISCRIMINATION AFFIDAVIT Page 124

SECTION 12 BUSINESS/VENDOR PROFILE SURVEY Page 125

SECTION 13 REQUEST FOR TAXPAYER IDENTIFICATION Page 126

SECTION 14 E-VERIFY Page 127

SECTION 15 E-VERIFY FORM Page 128

IT IS SOLELY AND STRICTLY THE RESPONSIBILITY OF

EACH PROPOSER TO SUBMIT PROPOSALS TO THE TOWN OF

MEDLEY, OFFICE OF THE TOWN CLERK, ON OR BEFORE:

PROPOSAL DUE: MAY 28 ST, 2026 AT 2:00 P.M.

INSTRUCTIONS FOR SUBMITTING A PROPOSAL

IN RESPONSE TO A FORMAL

REQUEST FOR QUALIFICATIONS

1. All Proposals must be submitted on 8 ½” by 11” paper, neatly typed with normal margins and spacing. The original document package must not be bound, but the document package copies should be individually bound.

2. Proposers must submit one unbound, one-sided original, and three two-sided bound copies (for a total of four) and one CD or USB containing an electronic version of the completed Proposal to the TOWN OF MEDLEY

(“TOWN”) by the Proposal Due Date and Time.

3. All required forms must be notarized, where necessary, by a registered notary, and completed by the Proposer submitting the Proposal.

4. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship with the TOWN.

5. The original and all copies of the Proposal must be packaged in an envelope or container and submitted to the TOWN at the following address:

OFFICE OF THE TOWN CLERK

OF THE TOWN OF MEDLEY

7777 NW 72nd Ave Medley, FL 33166

6. Proposals must include the following information clearly marked on the face of the envelope or container:

a) Proposer's name, return address and telephone number;

b) Solicitation number;

c) The Solicitation Due Date and Time; and

d) Title of the Solicitation

7. Hand-carried Proposals may be delivered during the TOWN’s regular business hours, Mondays through Thursdays, excluding holidays observed by the TOWN, but not beyond the Due Date and Time.

8. Proposals submitted at the same time for different solicitations shall be placed in separate envelopes and each envelope shall contain the information stated in paragraph 6 above.

9. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required, previously stated information appears on the outer package or envelope used by such service.

PROPOSERS WHO FAIL TO INCLUDE THE ABOVE INFORMATION ON

THE FACE OF THEIR PROPOSALS MAY BE DEEMED “NON-

RESPONSIVE,” AND SUCH PROPOSERS SHALL HAVE NO GROUNDS

OF PROTEST IN THE EVENT THEIR PROPOSALS ARE OPENED IN

ERROR.

THE TOWN IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY

MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL,

OR CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL

RECEIVED AFTER THE DUE DATE AND TIME STATED IN THE

SOLICITATION TIMETABLE IN THIS REQUEST FOR QUALIFICATIONS

WILL NOT BE OPENED AND WILL NOT BE CONSIDERED.

TELEGRAPHIC OR FACSIMILE PROPOSALS WILL NOT BE

CONSIDERED.

SECTION 1

GENERAL TERMS AND CONDITIONS

1-1 DEFINITIONS

Wherever used in these General Terms and Conditions or in the other Contract

Documents the following terms have the meanings indicated:

The term “Addenda” shall mean the written or graphic instruments issued which make additions, deletions, or revisions to the Solicitation.

The term “Application for Payment” shall mean the form furnished by the Consultant to request progress or final payment and which includes such supporting documentation as is required by the Contract Documents.

The term “Amendment” shall mean a document signed by the Consultant and the

TOWN that authorizes an adjustment in the Work, Contract Price or Contract Time.

The term “Best and Final Proposal(s)” shall refer to the final quote submitted after negotiations are completed that contains the Proposer’s most favorable terms for price, Services and products to be delivered.

The terms “CBE” or “SBE” Firms shall refer to a business that either: (1) qualifies as a “County Business Enterprise” (“CBE”) as defined in the Miami-Dade County Code, has a valid Miami-Dade County business tax receipt, and is located in and doing business in Miami-Dade County, or (2) qualifies as a “Small Business Enterprise” (“SBE”) as defined in the Miami-Dade County Code.

The term “Chief Procurement Officer” shall refer to the Director of the TOWN’s

Procurement Department.

The term "TOWN" shall refer to the TOWN OF MEDLEY, Florida, or its TOWN Council, as applicable.

The term “TOWN Council” shall mean the governing and legislative body of the

TOWN.

The term “TOWN Mayor” shall mean the Chief Administrative Officer of the TOWN.

The term “Claim” shall mean a demand, assertion, dispute or other such claim by one of the parties arising out of or based upon the terms and conditions of the Contract Documents.

The term “Consultant” shall refer to the Successful Proposer that will contract with the TOWN to provide professional Services for this Project.

The terms "Contract" or “Agreement” shall refer to the Contract that may result from this Request for Qualifications. “Sample Contract” shall refer to the enclosed sample contract, provided for illustrative purposes only, and subject to modification by the TOWN.

The term “Contract Documents” shall mean the Request for Qualifications, all attachments and exhibits, Qualification Forms (including the Quote, information required of Proposer, and all required certificates and affidavits), Contract, Performance Bond, Payment Bond, General Terms and Conditions (if any), Special Conditions (if any), Technical Specifications (if any), Drawings, and all addenda and Change Orders.

The term “Contract Price” shall mean the original contract amount established in the Proposal and awarded by the TOWN, as may be amended by Change Order.

The term “Contract Time” shall mean the original time between commencement and completion established in the Contract, as may be amended by Change Order.

The term “Day” shall mean a calendar day of 24 hours measured from midnight to the 11:59 P.M.

The term “Defective Work” shall mean Work that is unsatisfactory, faulty, or deficient; or that does not conform to the requirements of the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to a recommendation of final payment.

The term “Due Date and Time” shall refer to the due date and time listed in the

Solicitation Timetable stated in Section 2 of this Solicitation.

The term “Effective Date of the Agreement” shall mean the date indicated in the Agreement on which it was executed. If no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the parties to sign and deliver.

The term “Final Completion” shall mean the date on which all conditions and requirements of any permits and regulatory agencies have been satisfied, any documents required by the Contract Documents have been received by the TOWN; any other documents required to be provided by the Consultant have been received by the TOWN, and the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents.

The term “Force Majeure” shall mean any delay occasioned by superior or irresistible force(s) occasioned by violence in nature without the interference of human action, such as, hurricanes, tornados, flood and loss caused by fire and other similar unavoidable casualties; changes in federal Law, state or local Laws, ordinances, codes or Regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties control; or by any other such causes which the TOWN and the Consultant decide in writing to justify the delay. Provided, however, that market conditions, labor conditions, and similar matters which normally impact the Work shall not be considered a Force Majeure.

The term "Goods” shall refer to all Materials and commodities that will be required to be provided by the Successful Proposer in accordance with the Scope of Work and the terms and conditions of this Solicitation.

The terms “Laws and Regulations”, or “Laws” or “Regulations” shall mean the laws, rules, regulations, ordinances, codes, and/or orders promulgated by a lawfully constituted body authorized to issue such laws and regulations, including the applicable federal, state and local government entities and/or agencies.

The term “Local Business” shall refer to a firm that is domiciled and doing business within the TOWN OF MEDLEY TOWN limits and complies with all TOWN OF MEDLEY licensing requirements and is current on all TOWN taxes.

The term “Materials” shall mean materials incorporated in this Project or used or consumed in the performance of the Work.

The term “Notice of Intent to Award” shall mean the written notice by the TOWN to the apparent Successful Proposer stating that upon compliance by the apparent Successful Proposer with the conditions precedent therein within the time specified, the TOWN may enter into a Contract.

The term “Notice to Proceed” shall mean any written notice issued by the TOWN to the Successful Proposer authorizing the Successful Proposer to proceed with the Work.

The terms "Procurement Office" or “Procurement Department” shall refer to the Procurement Office of the TOWN.

The term "Proposal" shall mean any offer(s) submitted in response to this Request for Qualifications.

The term “Proposal Forms” shall mean the forms required to be submitted in accordance with this Request for Qualifications.

The term “Proposer” shall refer to any architect or engineer submitting a Proposal in response to this Request for Qualifications.

The terms "Request for Qualifications", “RFQ” or “Solicitation” shall mean this Request for Qualifications, including all exhibits, attachments, amendments and change orders issued by the Procurement Department.

The terms “Specifications” or “Technical Specifications” shall mean those portions of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the Work.

The terms "Subcontractor" or “Subconsultant” shall refer to any person, firm, entity, or organization, other than the employees of the Successful Proposer, who contracts with the Successful Proposer to furnish labor, or labor and Materials, in connection with the Work or Services for the TOWN, whether directly or indirectly, on behalf of the Successful Proposer.

The term “Substitutions” shall mean Materials, products, equipment or system, that are alternate from those originally specified in the Contract Documents.

The term “Successful Proposer” shall refer to the Consultant receiving an award of a Contract as a result of this Request for Qualifications.

The term “Supplier” shall mean a manufacturer, fabricator, supplier, distributor, Material man, or Vendor.

The term “Surety” shall mean the surety company or individual which is bound by the performance bond and payment bond with and for the Successful Proposer who is primarily liable, and which surety company or individual is responsible for the Successful Proposer’s satisfactory performance of the Work under the Contract and for the payment of all debts pertaining thereto in accordance with Section §255.05, Florida Statutes.

The term “Taxes” shall mean all taxes related to the performance of the Work or any portion thereof, including but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment compensation and similar taxes.

The term “Underground Utilities” shall mean all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following Services or Materials: water, sewage and drainage removal, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other control systems.

The term “Vendor” shall mean all merchants, material men, suppliers of labor, Material and equipment, providers and all other professionals who are currently under service contracts with the TOWN and are delivering Services to the TOWN.

The term “Weather Delays” shall mean Work stoppage caused by abnormal inclement weather, where abnormal duration and frequency of rain or exceptionally adverse weather as compared with the Weather Bureau data and supported by Project logs, has caused the Consultant to suspend critical path activities during the exceptional adverse weather event for more than 50 percent of the Work period of the Day. Weather delay claims can be made for Work Day only. No time extension will be allowed for weekend rains.

The term “Work Day” shall be as defined as being the time between the hours of

7:00 A.M. and 6:00 P.M. on weekdays; except when Work is necessary for the proper care and protection of Work already performed, or except in case of emergency, or unless otherwise provided in the General Requirements.

The terms “Work”, “Scope of Work”, “Scope of Services”, “Services”, “Program”, “Project”, or “Engagement” shall mean all matters and things and includes all labor, Materials, equipment and Services that are required to be provided by the Successful Proposer in accordance with this Solicitation.

1-2 AVAILABILITY OF REQUEST FOR QUALIFICATIONS

Proposal Submission and Withdrawal: The TOWN OF MEDLEY will be accepting proposals by mail. However, it is the Proposer’s responsibility to submit Proposer’s proposal by the due date. In addition, proposals may be submitted via www.bidnetdirect.com (e-bid). The TOWN must receive all proposals by 2:00 p.m. ET on May 28th, 2026. The address to submit sealed proposals is listed below:

TOWN OF MEDLEY

Office of the Town Clerk

7777 NW 72nd Ave Medley, FL, 33166

To facilitate processing, please clearly mark the outside of the proposal package as follows: RFQ NO. 2026-001

This package shall also include the Proposer’s return address. Proposers may withdraw their proposals by notifying the TOWN in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the TOWN and will not be returned to the Proposer. The TOWN cautions Proposers to ensure actual delivery of mailed or hand-delivered proposals directly to the TOWN Clerk’s Office at 7777 NW 72nd

Avenue, Medley, Florida 33166 prior to the deadline set for receiving proposals.

Telephone confirmation of timely receipt of the proposal may be made by calling (305) 887-9541 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s).

Proposers shall submit one unbound, one-sided original, and three two-sided bound copies (for a total of four) and one CD or USB in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium.

Proposers who obtain copies of this Solicitation from sources other than Bidnet

Direct or the TOWN’s Procurement Department risk the potential of not receiving addenda, since their names will not be included on the list of firms participating in the Solicitation process. Proposers are solely responsible for the risks associated with obtaining copies of this Solicitation from other sources.

1-3 CONE OF SILENCE

Proposers are notified that this Solicitation is subject to a “Cone of Silence.” From the time of advertising and until the TOWN Council approves an award, there is a prohibition on communication by Proposers (or anyone on their behalf) with TOWN’s professional staff or Evaluation Committee members regarding this RFQ. This does not apply to oral communications at pre-proposal conferences, oral presentations before evaluation committees, Contract negotiations, public presentations made to the TOWN Council during any duly noticed public meeting, or communications in writing at any time with any TOWN employee, official, or member of the TOWN Council regarding matters not concerning this Solicitation.

Any questions, explanations, or other request by Proposers regarding this Solicitation must be requested in writing to the TOWN’s Procurement Department noted below. Failure to comply with these provisions may render a Proposal “Non-Responsive” and may result in other penalties as provided by Law.

The contact information for the TOWN’s Procurement Department is:

Finance and Procurement Director

CHARMAINE PARCHMENT

TOWN OF MEDLEY

7777 NW 72nd Ave Medley, FL, 33166

Email: cparchment@townofmedley.com

1-4 MINIMUM REQUIREMENTS

a) In order for a Proposal to be considered by the TOWN, Proposers shall demonstrate, in their Proposals, compliance with the following minimum requirements:

1) Proposers must be currently certified, licensed and authorized to work in the State of Florida to perform the following Services: architecture, civil, utilities and traffic engineering, land surveying, construction testing and inspections;

i. Experience working within Miami County on projects within each category; and

i. Currently insured and meeting insurance requirements applicable by Law to perform the Services, with insurance certificates that state the name of the Proposer, current street address of the business and the type of work that the Business Tax Receipt is issued for and all additional insurance requirements, including required endorsements, as specified herein.

b) The TOWN shall not consider Proposals that fail to demonstrate compliance with the above requirements. The Consultant shall maintain and keep in force throughout the life of the Contract, all renewals and extensions, if any, pertaining or related to the requirements specified in this Section. Failure of the Consultant to comply with these requirements will be sufficient grounds for the TOWN to declare the Contract in default and subject the Contract to possible termination by the TOWN.

1-5 SOLICITATION TIMETABLE

The anticipated schedule for this Solicitation, and the award of any resulting Contract, shall be as follows:

RFQ TIMETABLE

RFQ Advertised 4/27/2026

Mandatory Pre-Bid Meeting 5/11/2026 2:00 P.M.

Last Day Written Questions Due 5/14/2026 at 2:00 P.M.

Responses to Questions 5/21/2026

Due Date and Time for this RFQ 5/28/2026 at 2:00 P.M.

Evaluation Committee Meeting 6/8/2026 Award Recommendations 6/15/2026

Council Approval 7/6/2026

Post Award TBD

The above schedule is not final. The TOWN reserves the right to modify the above dates and times, at its discretion.

TERM OF CONTRACT: UPON COMPLETION AND ACCEPTANCE

The Contract resulting from this Solicitation shall commence upon the date of execution and shall remain in effect for a period of three years with one three-year renewal option, at the TOWN’s sole discretion.

1-6 METHOD OF AWARD: TO THE HIGHEST QUALIFIED EVALUATION SCORING,

RESPONSIVE, RESPONSIBLE PROPOSER(S) (SUBJECT TO SUCCESSFUL

NEGOTIATION AND APPROVAL OF A CONTRACT)

a) This Solicitation shall require TOWN Council approval of the final ranking and recommended award of the RFQ to the highest qualified evaluation scoring responsive, responsible Proposer, subject to the successful negotiation and approval of a mutually agreeable Contract substantially in the form of the Sample Contract attached to this RFQ.

b) The Chief Procurement Officer or designee is authorized to enter into

Contract negotiations with the highest evaluation scoring, responsive, responsible Proposer and whose Proposal will be the most advantageous to the TOWN. If the TOWN is unable to negotiate a satisfactory Contract, negotiations with that Proposer may be terminated and negotiations may begin with the second most qualified Proposer. If these negotiations also prove unsatisfactory, negotiations may again be terminated, and the TOWN may negotiate with the third most qualified firm. If the short-list of qualified firms is exhausted, the TOWN may select additional Proposers with which to attempt to negotiate a Contract, in the order of their ranking.

c) The resulting Contract shall contain requirements, terms and conditions consistent with this Solicitation, along with any modifications which the TOWN, in its sole discretion, may require or accept. No rights shall inure to the benefit of any Proposer pursuant to this Solicitation until the Contract has been executed by both parties and approved by the TOWN Council, where applicable.

1-7 METHOD OF PAYMENT: PERIODIC INVOICES FOR SERVICES RENDERED

The Successful Proposer shall submit fully and accurately documented invoices within 30 calendar days after the Services have been rendered. These invoices shall be submitted to the TOWN OF MEDLEY, ATTN: Accounts Payable, 7777 NW 72nd Avenue, Medley, Florida 33166. All documentation shall reference the Contract number, the type of Service(s) provided, and the dates or period(s) that the Service(s) were provided in the prior 30 days.

1-8 INSURANCE

a) The Successful Proposer agrees to, in the performance of Work and Services under the Contract, comply with all applicable federal, state and local Laws and Regulations now in effect or hereinafter enacted during the term of the Contact and any renewal(s).

b) The Successful Proposer shall obtain, at Successful Proposer’s expense, all necessary insurance in such form and amount as required by the TOWN’s Risk Manager upon Contract execution and prior to beginning Work under the Contract, including not limited to Workers’ Compensation Insurance; Unemployment Insurance; Professional Liability Insurance, and all other insurance required by Law. The Successful Proposer shall maintain such insurance in full force and effect during the term of the Contract and shall require all Subcontractors or Subconsultants to do so. The Successful Proposer and all Subcontractors or Subconsultants shall provide to the TOWN’s Risk Manager certificates of all insurance and required endorsements prior to beginning any Work under the Contract. The Successful Proposer shall indemnify, defend and hold the TOWN harmless (as allowed by applicable Law) from any damage resulting from the failure of either the Successful Proposer or any of its Subcontractors or Subconsultants to maintain such insurance. All certificates and endorsements must be approved by the TOWN’s Risk Manager and provided in the time requested by the TOWN.

c) All insurance companies used shall be rated at least A VII per Best’s Key Rating Guide and be licensed to do business in Florida.

d) All policies shall be Occurrence, not Claims Made forms (except for professional liability).

e) The Successful Proposer’s general liability insurance policies shall be endorsed to add the TOWN OF MEDLEY as an additional insured with waiver of subrogation in its favor (except for professional liability). The Successful Proposer’s general liability insurance shall be primary to any liability insurance policies carried by the TOWN. The Successful Proposer shall be responsible for all deductibles and self-insured retentions on the Successful Proposer’s liability insurance policies.

f) All of the policies of insurance shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least 30 calendar days written notice has been given to the TOWN by certified mail.

1-9 CONTENTS OF PROPOSAL

To facilitate the analysis of responses to this RFQ, Proposers are required to prepare their Proposals in accordance with the instructions outlined in this Section. Proposers must respond in full to all RFQ sections and follow the indicated RFQ format (section numbering, and similar matters) in their Proposals. Failure to follow these instructions may result in rejection of the Proposal.

a) The Proposal must consist of the components listed below.

1) The Qualification Proposal:

i) Cover Page

The form entitled “PROPOSAL COVER PAGE” (SECTION 4) is to be used as the cover page for the Qualification Proposal. This form must be fully completed and signed by an authorized officer of the Proposer.

ii) Table of Contents

The Table of Contents should outline in sequential order the major areas of the Proposal. All pages of the Proposal, including enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents.

iii) Executive Summary

Each Proposer shall provide a brief summary describing the Proposer’s ability to perform Work requested in this Solicitation, a history of the Proposer’s background and experience providing services, the qualifications of the Proposer’s personnel to be assigned to this Project, the Subcontractors, Subconsultants, and/or Suppliers and a brief history of their background and experience, and any other information called for by this Solicitation which the Proposer deems relevant. This summary should be brief and concise to apprise the reader of the experience and qualifications of the Proposer, staff, Subcontractors, Subconsultants, and/or Suppliers.

iv) Required Information.

Proposers shall provide documentation that demonstrates their ability to satisfy the required information contained herein. Proposers who do not satisfy the requirements or who fail to provide supporting documentation and/or affidavits as specified herein may be deemed “Non-Responsive”. If a prescribed format or required documentation for the response to information requirements is listed below, Proposers must use the required format and supply said documentation.

See form entitled “PROPOSER INFORMATION FORM” (SECTION 6).

v) Technical Information.

A) Describe the Proposer’s approach to organization/management and the responsibilities of Proposer’s management and Project personnel that will perform Work; describe methods or benchmarking systems used to ensure quality service, customer satisfaction, prompt complaint resolution, quality control, and timely initiation and completion of all Work.

B) Provide relevant background information on your firm, including a brief history, firm ownership, and organizational structure, location of headquarters, and number and location of offices.

C) List any subsidiary/affiliate company of the Proposer in the same business, the nature of the relationship, and the location of their office(s).

D) Provide a description or information concerning or substantiating each of the requirements below:

1) Drug-free Work Place.

2) Employee drug testing program.

3) Proposer’s experience, past performance, financial capabilities, violations, and litigation.

4) Proposer’s social responsibility, charitable acts and contributions, and benevolence programs.

5) Proposer’s internal, organization-wide green and environmental programs and initiatives.

E) State the number of years the Proposer has been in business and the number of years in operation under the Proposer’s current business name. Any business owner who has previously operated a business under another name must include a description of the previous business and identify the name of each business. Failure to include such information will be deemed by the TOWN as an intentional misrepresentation and may render the Proposal “Non- Responsive”.

F) Provide a detailed description of the largest projects the Proposer is either performing or has completed within the last five years which are similar in scope. Describe the Proposer’s qualifications and experience realized by the performance and management of these projects. The specific role of the Proposer in any project which is included must be described in detail. The description should identify for each project or contract:

1) The name and size firm of the client, address, telephone number and the name of the contact person;

2) A description of the required work;

3) The contract term;

4) A statement as to whether the Proposer was a prime contractor, Subcontractor, Subconsultant, or supplier; and

5) The result of the project.

G) List any and all contracts the Proposer has performed for the TOWN.

H) Describe any other experience related to the Work or Services described in SECTION 2, SCOPE OF WORK

AND SPECIFIC REQUIREMENTS.

I) Proposers shall provide evidence of financial stability for the last three years.

J) Describe any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the Services to be rendered herein, in which the Proposer, any of its employees (while in the performance of their duties), Subcontractors or Subconsultants is or has been involved within the last three years.

K) Describe and explain any prior complaints (both substantiated and inconclusive) filed with any governmental agency against the Proposer or any of its employees (while in the performance of their duties), Subcontractors or Subconsultants within the last five years.

L) Confirm in your Proposal that your firm has errors and omissions insurance and include the carrier and amounts.

vi) Key Personnel and Subcontractors or Subconsultants.

A) Provide an organizational chart showing all individuals, including their titles, who will perform any Work under the Contract. This chart must clearly identify the Proposer’s employees and those of the Subcontractors or Subconsultants.

B) Describe the expertise of your firm’s professional staff for both the local office and the entire organization.

Describe the experience, qualifications, and other relevant information, including relevant experience on similar contracts, for all key individuals and Subcontractors or Subconsultants who will perform Work under the Contract. This information shall include functions to be performed by key individuals, Subcontractors or Subconsultants to include the number of professionals in each of the following categories:

1) Licensed contractor

2) Unlicensed technical support staff; and

3) Administrative staff

C) Describe the team that would serve the TOWN.

List each team member’s role on this Engagement, professional designation, qualifications, experience, education, and clients with similar services.

D) Provide resumes with job descriptions and other detailed qualification information on all key personnel who will be assigned to the Contract, including any Subcontractors or Subconsultants. The phrase “all key personnel” includes all partners, managers, senior employees and other professional or technical staff that will perform Work under the Contract.

E) List names and addresses of all first tier

Subcontractors, Subconsultants, or suppliers who will perform and/or provide Work or Services under the Contract.

vii) Affidavits and Acknowledgements.

A) PROPOSAL COVER PAGE (SECTION 4)

B) ADDENDA ACKNOWLEDGEMENT FORM

(SECTION 5)

C) PROPOSER INFORMATION FORM (SECTION 6)

D) PROPOSER’S DISCLOSURE OF

SUBCONTRACTORS, SUBCONSULTANTS, AND

SUPPLIERS (SECTION 7)

E) DRUG-FREE WORKPLACE

AFFIDAVIT (SECTION 8)

F) ANTI-KICKBACK AFFIDAVIT (SECTION 9)

G) NON-COLLUSIVE AFFIDAVIT (SECTION 10)

H) NON-DISCRIMINATION

AFFIDAVIT (SECTION 11)

I) BUSINESS/VENDOR PROFILE

SURVEY (SECTION 12)

J) FORM W-9 REQUEST FOR TAXPAYER

IDENTIFICATION NUMBER AND CERTIFICATION

(SECTION 13)

1-10 EVALUATION CRITERIA

a) Following the closing of the Solicitation, the Proposals will be evaluated by an evaluation committee appointed by the TOWN. The evaluation committee may be comprised of any combination of TOWN personnel and representatives selected by the TOWN with the appropriate experience and/or knowledge, striving to ensure that the committee is well balanced. The scoring of Proposals is based on a point total and not a percentage factor.

b) The evaluation committee will first evaluate and rank responsive Proposals based on the criteria listed below. The criteria are itemized with their respective weights for a maximum total of 100 points. A Proposer may receive the maximum points, a portion of this score, or no points at all, depending upon the merits of the Proposal as judged by the evaluation committee. A Proposal that fails to adequately show the qualifications and experience necessary for this Project shall be deemed “Non- Responsive” and will not be considered.

c) The evaluation committee reserves the right, (but is not obligated), to require oral presentations from one or more of the Proposers, either before or after the initial ranking, and shall have the option to short-list and re-rank after the receipt of additional information from such presentations, follow-up questions and answers, on-site Proposer demonstrations, reference checks or site visits.

Criteria Points

1) Consultant’s background, qualifications, 35 credentials and in-house expertise, factoring in the proposed Proposer team’s current workload and experience working together on similar category.

2) Staff Experience and resumes of team’s personnel, 35 including assigned Project manager’s experience in planning, designing and construction administration Services.

3) Previous experience working with local regulatory, 5 permitting agencies and governmental clients.

4) Project control tools utilized to maintain schedule, 15 quality and cost controls and construction management activities.

5) Local Business Preference. 5

6) CBE or SBE Preference. 5

TOTAL 100

1-11 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

The Successful Proposer understands and acknowledges that agreements with governments are subject to certain Laws and Regulations, including laws pertaining to (without limitation) matters such as public records, conflict of interest, and record keeping.

The Successful Proposer agrees to comply with and observe all applicable Laws, codes and ordinances, as they may be amended from time to time.

1-12 POINT OF CONTACT

For any additional information regarding the Specifications and requirements of this

Solicitation, contact the Procurement Department at the address indicated herein.

1-13 CONTENTS OF SOLICITATION

a) General Conditions.

1) It is the sole responsibility of the Proposer to become thoroughly familiar with the Solicitation requirements and all terms and conditions affecting the process of this Solicitation. Pleas of ignorance by the Proposer of conditions that exist, or that may exist, will not be accepted as a basis for varying the requirements of this Solicitation.

2) The Proposer is advised that this Solicitation is subject to all legal requirements and all other applicable Laws and Regulations.

b) Additional Information/Addenda.

1) Requests for additional information, explanation, clarification or interpretation must be made in writing to the Procurement Department at the address listed above. Requests must be received by the Procurement Department by the Due Date and Time stated in the Solicitation Timetable.

Any request received after that time may not be reviewed for inclusion in this Solicitation. Requests shall contain the requester's name, address, telephone number, fax number and e-mail address.

2) Responses to any inquiry shall be made by the Procurement

Department, by written amendment to the Solicitation, per the date stated in the Solicitation Timetable. The Proposer shall not rely on any representation, statement or explanation other than those made in this Solicitation or in any addenda issued. Where there appears to be a conflict between this Solicitation and any addenda issued, the last addendum issued shall prevail.

3) It is the Proposer's responsibility to ensure receipt of all addenda and substitute Proposal Forms. It is the Proposer's further responsibility to verify with the Procurement Department, prior to submitting a Proposal, that all addenda have been received. The Proposer shall submit the Proposal form entitled “ADDENDA ACKNOWLEDGMENT FORM” with their Proposal.

c) Conflicts in this Solicitation.

Where there appears to be a conflict between the General Terms and

Conditions (if any), the Special Conditions (if any), the Specifications or Scope of Work and Specific Requirements, the Sample Contract, or any amendment issued, the order of precedence shall be: the last addendum issued, the Specifications or Scope of Work and Specific Requirements, the Special Conditions (if any), the General Terms and Conditions (if any), and the Sample Contract.

Where there appears to be a conflict of the Due Date and Time listed anywhere in this Solicitation, it is the sole responsibility of the potential Proposer to verify the Due Date and Time by contacting the TOWN’s Procurement Office at the address indicated above.

1-14 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

Proposals received after the Solicitation Due Date and Time shall not be accepted, opened, or considered. Modifications of Proposals received after the Solicitation Due Date and Time shall also not be accepted or considered. Withdrawals of Proposals received after the Solicitation Due Date and Time or prior to the expiration of 180 calendar days after the Solicitation Due Date and Time shall not be accepted or allowed.

1-15 SOLICITATION POSTPONEMENT OR CANCELLATION

The TOWN may, at its sole and absolute discretion, at any time prior to TOWN

Council award and approval of a Contract, reject all or any parts of any or all Proposals, re-advertise this Solicitation, postpone or cancel this Solicitation or waive any irregularities in this Solicitation or any process used in this Solicitation.

1-16 COST OF PROPOSALS

All expenses involved with the preparation and submission of Proposals to the

TOWN shall be borne by the Proposer(s). No payment shall be made for any responses received by the TOWN or effort required of or made by the Proposer(s) prior to commencement of Work authorized pursuant to the Contract.

1-17 ORAL PRESENTATIONS

The TOWN may require Proposers to perform oral presentations in support of their Proposals or to exhibit or otherwise demonstrate the information contained therein. This presentation or demonstration may be performed before the Evaluation/Selection Committee and/or the TOWN Council. If required, the TOWN shall provide Proposers with as much advance notice as possible prior to the date of such a presentation.

1-18 EXCEPTIONS TO THE SOLICITATION

Exceptions are not applicable to this Solicitation. Taking exceptions in the Proposal may render the Proposal “Non-Responsive”.

1-19 PROPRIETARY/CONFIDENTIAL INFORMATION

Proposers are provided with notice that all information submitted as part of or in support of Proposals will be available for public inspection after opening of the Proposals, in compliance with Chapter 119, Florida Statutes, popularly known as the “Public Records Law”.

All Proposals submitted in response to this Solicitation shall become the property of the TOWN. Unless the information submitted is proprietary, copywritten, trademarked, or patented, the TOWN reserves the right to utilize any or all information, ideas, conceptions, or portions of any Proposal in its best interest. Acceptance or rejection of any Proposal does not affect the TOWN’s rights hereunder.

1-20 EVALUATION OF PROPOSALS

a) Rejection of Proposal.

The TOWN may reject any Proposal and award the Contract to the next highest scoring Proposer or re-advertise for all or any part of this Solicitation whenever it is deemed in the best interest of the TOWN, in the TOWN’s sole discretion. The TOWN shall be the sole judge of what is in its "best interest". The TOWN may reject any Proposal if the Proposer does not accept or attempts to modify the terms and conditions of this Solicitation.

b) Elimination from Consideration.

No Contract shall be awarded to any person or firm that is in default to the TOWN as a result of any debt, Tax, or other obligation.

c) Waiver of Informalities.

The TOWN reserves the right to waive any informalities or irregularities in this Solicitation.

d) Demonstration of Competency.

1) A Proposal will only be considered from a firm regularly engaged in the business of providing the Goods and/or Services required by this Solicitation. The Proposer must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the Goods and/or Services required by this Solicitation.

2) The TOWN may conduct a pre-award inspection of the

Proposer’s facilities and site or hold a pre-award qualification hearing to determine if the Proposer is capable of performing the requirements of this Solicitation. The TOWN may consider any evidence available regarding the financial, technical or other qualifications and abilities of the Proposer, including past performance and experience with the TOWN or any other governmental entity.

3) The TOWN reserves the right to audit all records pertaining to any award resulting from this Solicitation, whether financial or otherwise.

e) Copy of Abstract of Proposals.

A copy of the Proposal abstract will be made available through www.bidnetdirect.com or may be requested in person from the Procurement Department. Proposal results shall not be provided by telephone or facsimile.

1-21 NEGOTIATIONS

The TOWN, in its sole discretion, reserves the right to enter into Contract negotiations with the highest evaluation scoring, most qualified responsive, responsible Proposer whose Proposal is most advantageous to the TOWN. If the TOWN and that Proposer cannot negotiate a successful Contract, the TOWN may terminate those negotiations and begin negotiations with the next most qualified responsive, responsible Proposer. This process may continue until a Contract acceptable to the TOWN has been executed or all Proposals are rejected. No Proposer shall have any rights against the TOWN arising from such negotiations or termination thereof.

To assure full understanding of and responsiveness to the Solicitation requirements and full understanding of qualified Proposals, discussions may be conducted with qualified Proposers who submit responses determined to be reasonably acceptable of being selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to, the Solicitation requirements. The Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of Proposals, and such revisions may be permitted through negotiations prior to award for the purpose of obtaining Best and Final Proposals.

1-22 AWARD OF AN AGREEMENT

a) Agreement.

This Solicitation may contain a Contract similar to: “SAMPLE AGREEMENT”. After award, a Contract similar to the Sample Contract, inclusive of all attachments and any modifications that the TOWN in its sole discretion may make and reflecting all requirements, terms and conditions of this Solicitation and any negotiated changes, will constitute the entire agreement between the parties. No rights shall inure to the Successful Proposer pursuant to this Solicitation until the Contract has been executed by both parties thereto.

b) Additional Information.

The award of the Contract may be preconditioned on the subsequent submission of other documents in connection with this Solicitation. The Successful Proposer shall be deemed “Non-Responsive” if such documents are not submitted in a timely manner and in the form required by the TOWN. Where the Successful Proposer is deemed “Non- Responsive” as a result of such failure to provide the required documents, the TOWN may award the Contract to the next most qualified, responsive, responsible Proposer.

c) Independent CONTRACTOR.

The Successful Proposer shall be a Consultant operating independently from the

TOWN. The employees and Subcontractors or Subconsultants of the Successful Proposer shall not be considered or deemed employees, Subcontractor or Subconsultants or agents of the TOWN, nor shall such employees and Subcontractor or Subconsultants of the Successful Proposer have any privity of contract with the TOWN. Neither the Successful Proposer nor any of its employees shall receive any TOWN benefits. The Successful Proposer shall supply competent and physically capable employees and Subcontractor or Subconsultants. The TOWN may require the Successful Proposer to remove any employee or Subcontractor or Subconsultant it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the Services is not in the best interest of the TOWN.

d) Contract Extension.

To the extent applicable, the TOWN reserves the right to automatically extend the Contract for up to 180 calendar Days beyond the stated Contract term under the same terms and conditions of the Contract. The TOWN shall notify the Successful Proposer(s) in writing of such extensions. Additional extensions beyond the first 180 Day extension may occur, if approved by the TOWN Council with the mutual agreement of the Successful Proposer.

e) Limited Contract Extension.

Any Work which commences prior to the termination date of the Contract and which will extend beyond the termination date shall, unless terminated by mutual written agreement of both parties, continue until completion at the same prices, terms and conditions as set forth in the Contract.

f) Warranty.

Any implied warranty granted under the Uniform Commercial Code shall apply to all Goods provided pursuant to the Contract.

g) Non-Exclusive Contract.

Although the purpose of this Solicitation is to secure a Contract that can satisfy the total needs of the TOWN, it is agreed and understood that the Contract does not grant any exclusive rights to the Successful Proposer to receive all orders that may be generated by the TOWN in connection with the types of Goods and/or Services required herein.

1-23 RIGHT OF APPEAL

a) After a notice of intent to award a Contract is posted by the TOWN, any actual or prospective Proposer who is aggrieved in connection with the pending award of the Contract or any element of the Solicitation process may file a protest with the TOWN Attorney. A protest must be filed within five business days after the posting of the notice of award or the right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the written protest and accompanying required filing fee is received by the TOWN ATTORNEY.

b) The protester must include a nonrefundable filing fee to compensate the

TOWN for the expenses of administering the protest. The fee shall be in the form of cash or a cashier's check, and in accordance with the schedule provided below:

Contract Award Protest Filing Fee $10,000-$50,000 …………………. $500.00 $50,001-$250,000 ……………….. $1,000.00 $250,001 and greater ...................... 1% of the pending award or $5,000.00, whichever is greater

SECTION 2

SCOPE OF WORK AND SPECIFIC REQUIREMENTS

2-1 PURPOSE

To establish a library of Licensed CONTRACTORs to provide construction Services for the of

Townwide Roadway Pavement Maintenance and Resurfacing Services TOWN OF MEDLEY.

2-2 GENERAL DESCRIPTION

A. In accordance with Florida State Statute 287.055, known as the “Consultants’ Competitive Negotiation Act” and Florida State Statute 255.20, known as “Local bids and contracts for public construction works”, the purpose of this Solicitation is to establish a pool of contractors for each category listed below to be used as-needed to provide prompt and efficient construction and professional services and with construction values required by the TOWN on a project by project basis. The various Services within a category may include (without limitation) design, cost estimating, and construction management Services and construction in the form of roadway paving and resurfacing on an as-needed basis.

B. Upon review of the qualifications, firms will be evaluated and ranked. The evaluation committee may short list and rank firms per category and may interview these firms for final ranking and recommendation to the TOWN Council. Proposers may be short listed in more than one category.

C. The CONTRACTOR shall be responsible for providing any and all labor, materials, equipment, and other items required in order to provide pavement/asphalt maintenance and rehabilitation services and striping/pavement marking on an as-needed basis for various roadways throughout the Town, as needs are identified, and funding is available.