FINAL Addendum No 5 RFP PR2014-15 1 16 15 rev_2015011611535
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ADDENDUM No. #5
Project Name: Playground Demolition & New Installation at Four (4)
City Parks
RFP NO. PR2014-15
Date: January 16, 2015
Sent: Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
The following “Schedule of Events” dates and times have been revised/extended:
3 Deadline to Submit Questions 1/20/2015 10:00 AM
4 Deadline to City Responses to Questions 1/22/2015 10:00 AM
5 Deadline to Submit RFP-Response 1/27/2015 10:00 AM
6 Announcement of selected Contractor/Cone of Silence ends 3/3/2015 7:00 PM
Note: “Instructions for Respondent,” paragraph #11, “Cone of Silence” of the RFP
document is revised to include the following:
“In addition, you are required to comply with the City Manager’s Administrative Order
AO 1-15. A copy of AO 1-15 is attached.”
Question #1:
Please identify where the existing playground area is located for Brewer and Murray Park on
“Exhibit #3 Park Sketch Site” provided in Addendum No. 1.
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Answer to Question #1:
The existing playground area for Brewer Park is in the South West corner and Murray Park is
located on the North West corner of the “Park Sketch.”
Question #2:
Do any of the parks require an accessible path?
Answer to Question #2:
Yes, Fuchs Park requires an accessible asphalt path. Contractor is to follow the Miami Dade
County Design and Construction Standards for asphalt pavement. Please refer to Section 51 –
Limerock Base, Section 100 – Prime and Tack Coats, and Section 133 – Type S-I Asphaltic
Concrete Surface Course. The proposed section for the asphalt pavement shall be 8” (inches)
thick limerock base with 1” (inch) thick asphaltic concrete surface course.
Question #3:
Is the contractor responsible to replace sod that may be disturbed outside of the project areas
when construction equipment is moved to reach the project sites?
Answer to Question #3:
No, the City will replace sod that is disturbed to and from the project sites. The contractor will
work closely with the City’s Project Manager to minimize sod damage of this type.
Question #4:
Is the contractor expected to reuse the existing mulch at the playground sites?
Answer to Question #4:
Yes, the contractor may salvage and reuse the existing mulch at only Brewer Park and Murray
Park. However, the Contractor shall be responsible for any additional mulch, if needed, to
ensure an application depth of at least 12” (inches) to be fully effective in its safeness and
wheelchair accessible.
Question #5:
Is the contractor expected to reuse the existing borders at the playground sites?
Answer to Question #5:
Yes, the contractor may reuse the existing borders at Brewer Park and shall include additional
composite borders if necessary to complete.
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• Murray Park includes a concrete border that must be reused.
• Fuchs Park includes a composite/plastic border that is to be reused. The contractor shall
add to the existing border to complete the border around the perimeter of the site.
• Dante Fascell Park presently includes wood timber borders that are to be remove and
replaced with composite borders. The contractor shall raise and elevate the new
composite border, as necessary, when installing.
Question #6:
The RFP states the project at all four parks is to be completed within 90 days from receiving a
Notice to Proceed. Can the project completion date be extended?
Answer to Question #6
Yes. All four (4) parks are to be completed within 120 days for receiving a Notice to Proceed.
Question #7:
Please confirm/clarify. Are we required to submit and “sign” the Contract Documents
including the General Conditions and Supplementary Conditions? As the Performance and
Payment Bond, the Contract Documents are typically signed after award of the project, and not
required with the RFP submittal.
Answer to Question #7:
Yes, the Contract Documents, including the General Conditions and Supplementary Conditions
are to be signed and included with the RFP submittal. The City is attempting to facilitate the
contract execution process for the project. Please note: the Performance and Payment Bond is
a condition of award and is not required with the submittal but is required prior to receiving a
Notice to Proceed.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Administrative Order No.: 1-15 1
Cone of Silence
Administrative Order # 1-15
Ordered: 1/15/2015 Effective: 1/16/2015
AUTHORITY:
Section 4.02 of the Miami-Dade County Home Rule Amendment and Charter
Section 2-11 of the Code of Miami-Dade County.
Article III, Section 5, and Article IV Section 4 of the City of South Miami Charter
PURPOSE:
This Administrative Order describes the Cones of Silence, and establishes procedures for its
implementation and administration. It identifies the exceptions to the Cone of Silence,
includes the method of notice to the public and the affected City officials, and establishes
a disciplinary and/or penalty process for those who violate the Cone of Silence. The Cone of
Silence is designed to protect the integrity of the procurement process by shielding it
from undue influences prior to the recommendation of selection or contract award.
This Administrative Order does not supersede but supplements the County’s Cone of
Silence Ordinance by providing additional restrictions and requirements.
POLICY:
It is the policy of City of South Miami that a Cone of Silence be established on all City
competitive selection processes including RFPs, RFQs, and bids for the provision of goods
and services. This Cone of Silence shall be imposed on these competitive selection
processes at the time their solicitation and/or advertisement has been commenced.
Administrative Order No.: 1-15 2
CONE OF SILENCE FOR SOLICITATIONS OF GOODS AND/OR SERVICES
This Cone of Silence applies to all solicitations and prohibits any communication between
the following persons unless an exception has been specifically provided for such
communication in this Administrative Order:
A. A potential vendor, service provider, bidder, lobbyist, or consultant, or any of their
representatives, and the City’s professional staff. The professional staff includes,
but is not limited to, the City Manager and his or her staff.
B. A potential vendor, service provider, bidder, lobbyist, or consultant, or any of
their representatives, and the Mayor, or City Commissioners, or any member of a
committee or board established by the City Commission.
C. The Mayor, City Commissioners and any member of the City’s professional staff
including, but not limited to, the City Manager and his or her staff.
D. A potential vendor, service provider, bidder, lobbyist, or consultant, or any of their
representatives, and any member of the selection committee therefor.
E. The Mayor, City Commissioners and any member of the selection committee
therefor.
F. Any member of the City’s professional staff and any member of the selection
committee therefor.
EXCEPTIONS:
Unless specifically provided otherwise in the applicable solicitation documents, the Cone
of Silence does not apply to the following:
A. Communications with Office of the City Attorney and his or her staff, and the City
Clerk and his or her staff.
B. Duly noticed site visits to determine facts and relevant information regarding
the potential vendor and their operations during the period between bid
opening and issuance of the City Manager’s written recommendation.
C. Any emergency procurement of goods and services.
.
D. Communications regarding a particular solicitation between any person and the
City Clerk or its staff, the procurement agent or contracting officer responsible
Administrative Order No.: 1-15 3
for administering the procurement process for such solicitation, provided the
communication is in writing and provided it is limited strictly to matters of
process or procedure, including the scope and technical requirements in the
solicitation, already contained in the corresponding solicitation document or in
any addenda to the solicitation.
E. Communications regarding a particular solicitation between the procurement
agent or contracting officer, or their designated secretarial/clerical staff,
responsible for administering the procurement process for such solicitation and a
member of the selection committee therefor provided the communication is in
writing and provided it is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document.
F. Oral communications at pre-bid conferences regarding this solicitation.
G. Oral presentations at publicly noticed selection committee meetings regarding this
solicitation.
H. Contract negotiations during any duly noticed public meeting regarding this
solicitation.
I. Public presentations before the City Commissioners during any duly noticed
public meeting in which the item is a noticed agenda item.
J. Communications in writing during the evaluation period, prior to the issuance of
a recommendation, with any City employee involved in the bid process, solely for
the purpose of clarifying the solicitation or information needed in the process of
responding to the solicitation unless specifically prohibited by the applicable RFP,
RFQ or bid documents. However, this exception does not include communication
with the City Commission or its members, or the City Manager, department heads,
or Assistant City Manager, unless they are official members of the Selection
Committee or they are the procurement agent or contracting officer responsible
for the solicitation, and provided the communication with them is sent to the City
Clerk who will ensure all appropriate staff and committee members will receive the
same information in writing.
K. Communications between the City Manager and the Chairperson of the
Selection Committee about a particular Selection Committee
recommendation, only after the committee has submitted an award
recommendation to the Manager and provided that should any change occur in
the committee recommendation, the content of the communication and of the
corresponding change shall be described in writing and filed by the Manager with
the City Clerk.
Administrative Order No.: 1-15 4
COMMENCEMENT OF CONE
The Cone of Silence commences after the initiation of solicitations or the advertisement of the
solicitation.
TERMINATION OF CONE
The Cone of Silence terminates at the time when:
(a) The Manager makes his or her written recommendation to the City Commission
which shall be defined as the beginning of the meeting that includes, on its agenda, an
action item sponsored by the Manager for contract approval or;
(b) The City Manager issues a written recommendation to the City Commission or;
(c) The Selection Committee issues its written recommendation to the Manager
with regard to any matter that is within the Manager’s delegated authority to
decide without the need for Commission approval.
Should the City Commission refer the City Manager’s recommendation back for further
review, or if the Manager refers the Selection Committee’s recommendation back to the
Selection committee, the Cone of Silence shall be reinstated until the Manager makes his or
her written recommendation to the City Commission or, for contract awards or other actions
that are within the Manager’s delegated authority, at the time when the Selection Committee
issues its written recommendation to the Manager.
Administrative Order No.: 1-15 5
PROCEDURES FOR IMPLEMENTATION AND ADMINISTRATION OF THE CONE OF SILENCE
At the time of imposition of the Cone of Silence, the Issuing Department, shall notify
the City Clerk of the solicitation and the Cone of Silence. “Issuing Department” which for the
purposes of this Order means the City Department as authorized by the City Manager, typically
the Procurement Division of the Finance Department, that releases the solicitation and/or
advertisement to the Public. Additionally, the Procurement Division shall issue an email with
the message, “Bid Notice,” to the Mayor and Commission, Department Heads and other
involved parties. The Bid Notice for each solicitation shall advise all parties the cone of
silence has been imposed. The issuing department shall include in any public solicitation for
goods and services a statement disclosing the requirements of the Cone of Silence Ordinance
as well as the following notice:
“WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN
COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-DADE
COUNTY EXCEPTION FOR WRITTEN COMMUNICATION, THE COUNTY’S RULES
PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE
SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN
COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE
CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH
PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to…
(1) Duly noticed site visits to determine the competency of bidders regarding a
particular bid during the time period between the opening of bids and the time that
the City Manager makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami-Dade
County Administrative Order 3-2;
(3) Communications regarding a particular solicitation between any person and the
procurement agent or contracting officer responsible for administering the
procurement process for such solicitation, provided the communication is limited
strictly to matters of process or procedure already contained in the corresponding
solicitation document; and
(4) Communications regarding a particular solicitation between the procurement
agent or contracting officer, or their designated secretarial/ clerical staff responsible
for administering the procurement process for such solicitation and a member of the
selection committee therefor, provided the communication is limited strictly to
matters of process or procedure already contained in the corresponding solicitation
document.”
Administrative Order No.: 1-15 6
A. At the point in time when the solicitation is advertised, the issuing
department shall provide the City Clerk with the Bid Notice including
the project number, project title / description and any other required
information for public notice of the Cone of Silence.
B. The Procurement Division shall provide to the City Clerk a
public notice of the Cone of Silence by posting a report of all contract solicitations
under the Cone on the home page of the City’s website. (See sample link to “Bids
and RFPs” web page). The Cone of Silence report shall contain the name and phone
number of the procurement agent or contracting officer responsible for administering
the procurement process for such RFP, RFQ or bid, as the point of contact to
receive inquiries limited strictly to matters of process, procedure or scope already
contained in the corresponding solicitation document.
C. All City staff should be aware of the requirements and prohibitions of the Cone of
Silence.
D. The issuing department shall insure that all contract solicitations include
provisions describing the requirements and prohibitions of the Cone of Silence
including how and when a potential vendor, service provider, bidder, lobbyist or
consultant may communicate with City personnel.
E. When the Cone of Silence is in effect, any communication between City
Administrative personnel and a potential vendor, service provider, bidder,
lobbyist or consultant, if allowed, shall be in writing, except where otherwise
provided under this Administrative Order. All written communication, whether
prohibited or allowed, regarding a particular solicitation that is under the Cone of
Silence shall be filed with the City Clerk.
F. When the Cone of Silence is in effect, all potential vendors, service providers,
bidders, lobbyists and consultants shall file a copy of all written communication
concerning any solicitation, including a RFP, RFQ or bid, with the City Clerk. Each
department shall file a copy of all written communication concerning any response or
request for additional information concerning a solicitation with the City Clerk. The
Procurement Division shall supply all questions, replies, addenda, etc. to the Clerk’s
Office.
G. The City Clerk shall be requested to make copies of any written
communications available to any person upon request. The City Clerk is requested
to maintain a log and file for all written communications. The retention period of
these documents shall be in accordance with established City policies.
Administrative Order No.: 1-15 7
H. Any person, whether employed by the City or not, who violates a provision of
this Administrative Order shall be prohibited from serving on City of South Miami
competitive selection committees.
I. Violation of this Administrative Order by any person who is responding to a
solicitation and/or a representative of that person shall DISQUALIFY ANY PERSON
RESPONDING TO THE SOLICITATION AND IF ANY PRIOR AWARD HAS BEEN MADE IT
SHALL render any award to said person voidable. The term “representative” as used in
this Administrative Order shall include anyone who acts at the request of the person
responding to the solicitation.
J. In addition to any other penalty provided by law, violation of this Administrative
Order by a City of South Miami employee shall subject said employee to disciplinary
action up to and including dismissal from City service.
K. Any person who has personal knowledge of a violation of this Administrative
Order shall report such violation to the City Manager and/or may file a complaint with
the Miami-Dade County Ethics Commission.
L. Any provision in this Administrative Order that is less restrictive than the Miami-
Dade County Cone of Silence Ordinance shall not absolve the violator of any penalty
provided for by the County’s ordinance for such violation.
Your cooperation is appreciated in making this an efficient and seamless process while
maintaining an ethical and professional procurement system.
Should you have any questions, please feel free to contact my office.
Steven J. Alexander
City Manager