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PERRIN INTERNATIONAL SERVICES, INC.ROAD RESURFACING SW 62ND ST & 57TH ST RFP NO: CP-2013-08 CITY OF SOUTH MIAMI OFFICE OF THE CITY CLERK SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 Prepared By: 20-Sep-13 Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 RELATED EXPERIENCE Perrin International Services, Inc. is a minority owned business and Subchapter S Corporation located at 12491 SW 134th Court, Unit #20 in Miami, Florida 33186. Ph: 786-251- 9291 Fax: 305-378-8995. The firm is licensed to provide General Contractor services in the State of Florida under CGC1521088. Perrin International Services, Inc. is pleased to provide proof of insurance coverage in accordance with contract requirements. A copy of policy numbers and coverage amounts is included herein. We are also able to obtain any additional insurance that may be required in accordance with the RFP. Management Summary In an effort to fulfill the requirements of this project, the Perrin International Services team will take all the necessary steps to first and foremost ensure the safety and well being of the residents, commuters, workers and City staff in and around the project area at all times. Since the owner of the company is a licensed Professional Engineer as well as a Certified General Contractor, should the need for modifications arise it is convenient that both the design and construction will be performed by a single entity. There will be only one-point of contact for all elements of the project; hence we will reduce any need for resolving conflicts between design professionals and constructors. In charge of these tasks is the designated Project/Construction Manager, Greg Perry, P.E., C.G.C who has over 20 years of experience in engineering design, consulting, project management, and construction. Field crews will utilize the applicable equipment for the heavy construction component of the project. Equipment may include, but is not limited to, pavement saws, water trucks, sweeper trucks, dump trucks for material delivery and debris removal, asphalt box (37 HP), 310G general purpose backhoe, 751 Bobcat and 8875 John Deere general purpose skid steer loaders, and barricades and signage for MOT. Project Manager Roadway Construction Greg Perry, P.E., CGC City of South Miami Field Surveying Waldo F. Paez, P.S.M.(Delta) Asphalt Pavement Construction Luis Jimenez(Master Paving) Pavement Marking & Signing Idalberto Gonzalez(All Professional) PROPOSED ORGANIZATIONAL CHART Field Superintendent General Construction Harold Perez Org Chart –Standard and Project Specific Greg Perry, P.E., C.G.C. Page 1 Education: Master of Civil Engineering, Florida International University, Miami, FL, 1997 Bachelor of Civil Engineering, Florida International University, Miami, FL, 1993 Professional Registration: Professional Engineer State of Florida License # 53876 Certified General Contractor State of Florida CGC 1521088 Greg Perry, P.E., C.G.C E.O.R. / Project Manager Since 1993, Mr. Perry has been practicing engineering design, project management, and construction management work on land development, municipal, residential and commercial, roadway, water and sanitary sewer, drainage, and environmental projects. Mr. Perry is a licensed engineer and a certified general contractor and has been actively involved in the construction, restoration, and management of numerous civil infrastructure, residential and commercial facilities throughout the South Florida area. He has held titles as the City Engineer or Assistant City Engineer for various municipalities in the South Florida area. In these positions, Mr. Perry served as primary plan reviewer and has successfully implemented the Engineering and Procedural Manuals for all of these municipalities. Construction Project Experience: NW 78th Street Design/Build – City of Miami, FL Project Manager/Civil Contractor for new roadway construction along NW 78th Street east of 2nd Avenue. NW 128th Street Design/Build – City of Opa Locka, FL Project Manager/Civil Contractor for enhancements along NW 128th Street between NW 42nd Avenue and NW 47th Avenue. Scope of services for the design/build project included plan preparation and permitting, specification preparation, and construction of roadway paving, French drainage, concrete valley gutter edge treatment, swale improvements and pavement marking and signing. Mr. Perry oversaw the project from start to finish as part of the Mastermind team. St. John CDC Design/Build - Miami, FL General Contractor/Designer for the site work and design/build of numerous parking lot facilities in the City of Miami for the Saint John CDC. Project scope included construction surveying layout, clearing and grubbing, asphalt pavement construction, drainage construction, concrete curbing and sidewalk, fencing, and pavement markings and signing. North Miami Traffic Circle Design/Build – City of North Miami, FL Civil Contractor/Designer for the design/build of traffic circles throughout the City of North Miami. Project scope included construction surveying layout, pavement removal, asphalt pavement construction, milling and resurfacing, concrete curbing, concrete sidewalk and ADA crosswalks, brick pavers, landscaping, and pavement markings and signing. Citywide Sidewalk Improvements – City of North Miami, FL General Contractor for the sidewalk reconstruction program throughout the City of North Miami. Project scope included the removal and replacement of damaged and deteriorated concrete sidewalk and ADA ramps. Greg Perry, P.E., C.G.C. Page 2 GREG PERRY, P.E., C.G.C. PERRIN INTERNATIONAL SERVICES, INC. Construction Management Project Experience: Eastern Miramar Infrastructure Improvements - City of Miramar, FL Construction Manager responsible for the Construction services administration for the $5.6 million water, sewer, and drainage improvement project in the City of Miramar. Bonaventure Blvd., Lakeview Drive, Racquet Club Rd., - City of Weston, FL Project Manager responsible for bidding and construction services administration for various roadway improvements within the Bonaventure Community. Projects included asphalt overlay, drainage improvements, sidewalk and curb construction, landscaping and irrigation, brick paver installation, and pavement markings and signage. South Miami Water Main Improvements– City of South Miami, FL Construction manager overseeing the installation of approximately 9,000 linear feet of water main and associated service lines to residential units. Engineering Design Experience: Memorial Boulevard Improvements – City of Miami, FL Project Manager responsible for engineering design, permitting and construction management services for the drainage and median improvements along SW 13th Avenue between Tamiami Trail and Coral Way. North Shorecrest Road Improvements – City of Miami, FL– Responsible for engineering design of roadway milling and resurfacing, drainage installation, sidewalk reconstruction, curb construction, traffic calming and pavement marking and signage for NE 83rd Terrace, NE 83rd Lane, NE 85th Street, and NE 86th Street from Biscayne Boulevard to NE 8th Court. South Dade Greenways– Miami Dade County Parks & Recreation Project Manager responsible for engineering design, permitting and construction management services for the reconstruction of more than 2.5 miles of bicycle path along SW 87th Avenue. Bus Bay Construction Phase I – Miami Dade Transit Project Manager responsible for civil site work design, permitting and construction inspection of 33 bus bays throughout Miami-Dade County. SW 72nd Avenue – Miami Dade County Public Works – Responsible for engineering design of roadway milling and resurfacing, drainage installation, sidewalk reconstruction, curb construction, and pavement marking and signage for SW 72nd Avenue from SW 21st Street to SW 40th Street. Fire Station No. 34 – Miami Dade County Fire Rescue Engineer of Record and construction inspector responsible for the civil/site work for geometric layout, water distribution, sewer collection, paving and drainage, and pavement marking and signage. CERTIFICATIONS IS-00700 NIMS National Incident Management System US Department of Homeland Security FEMA MOT CERTIFIED ASPHALT LEVEL 1 Harold Perez On-site Superintendent Mr. Perez has worked as a field supervisor for a wide range of projects for numerous municipalities from roadway and streetscape projects to site monitoring for debris removal with the City of Miami. While supervising the productivity and technical proficiency of assigned personnel, Mr. Perez also reviewed the work performed by subordinates to ensure that applicable codes, standards, and procedures are followed, and that quality of the work is in substantial compliance with the project specifications. Construction Project Experience: NW 128th Street Drainage and Roadway Improvements – City of Opa Locka, FL – Field Superintendent NW 78th Street Extension – City of Miami, FL – Field Superintendent 61 NW 76th Street Asphalt Paving – City of Miami, FL – Field Superintendent Church Street Phases 2-4 – City of South Miami, FL – Construction Inspector (Palm Engineering Group) Miami-Dade County Public Works Department Emergency Sidewalk Improvement- Construction Inspector Responsibilities  Supervised field crews and ensured that work was in accordance with Public Works Department and provisions detailed in the contract.  Scheduled the delivery of equipment and materials for different phases of the construction.  Oversaw field coordination for water distribution, FPL, landscaping and irrigation and shelter construction.  Ensured that proper surveys and photographic documentation were conducted.  Secured the safety of the crew and community by ensuring that proper signs and barriers remained visible.  Managed and Maintained Maintenance of Traffic Signs and Barricades.  Oversaw proper cleaning, clearing, and restoration of project area and drainage structures.  Notified adjacent home owners and businesses of construction in the area.  Compiled daily reports including brief descriptions of the work performed, damage reports, and all other relevant events and incidents. . Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 Construction Projects As part of the Mastermind /Palm/Perrin design-build team, the professional services provided by the firm included the procurement, construction, and project management of all components necessary for the successful completion of the NW 78th Street paving and drainage for the St. John CDC., Miami, Fl. (Contact: Ola Aluko, President, St. John CDC, Email: oaluko@stjohncdc.org, Ph: 305-372-0682) Project Highlights  Asphaltic Pavement Construction  Milling & Resurfacing  Drainage Construction  Concrete Valley Gutter  Pavement Marking and Signing  Concrete Sidewalk  Design/Build Project Coordination  Construction Management NW 78 Street Roadway Construction ACORD® DATE (MMIDDIVYYYI CERTIFICATE OF LIABILITY INSURANCE ~ I 08/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ALL CITY INSURANCE INC -ACI 275 FONTAINEBLEAU BLVD. I ~~~~~CTJr-JAVIER A. GUTIERREZ (305) 463-9431 . ... I ift~. Nol,(305) 436-6797 SUITE 190 I JGUTIERREZ@ALLCITYINS.COM MIAMI FL 33172 INSURERISI AFFOROING COVERAGE I NAIC# INSURER A ; MID-CONTINENT CASUALTY CO INSURED i~IIB.ERB;PERRIN INTERNATIONAL SERVICES INC. I~ERC:12491 SW 134TH CT #20 ~IN!lIlR!;RD' I MIAMI FL 33186­: INSURERE: INSURERF' I COVERAGES CERTIFICATE NUMBER· 03 REVISION NUMBER· 00 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .--. I~": TYPE OF INSURANCE POLICY NUMBER POUCYEFF POllCYEXP LIMITSilN"'1'> IMIh A I GENERAL LIABILITY 04GLOO087006 11107/2012 :1110712013 ~CH OCCURRENCE $ 1,000,000rX GENERAL LIABILITY .~~~~~~I9F~ENTED $ 100,000 r=~CLAIMS-MADE ~OCCUR MED EXP (AI]Y.Q!le oersonl $ EXCLUDED L-.. I ~~QNAL & ADV INJURY .1 1,000,000 I i 2,000,000! GENERAL AGGREGATE $ ~'~,"n"llIMIT APFlS PER: i PRODUCTS -COMP/OP AGG I : 1,000,000 POLICY I ~lW;: LOC I i A ~OMOBILE LIABILITY I 04GLOO087006 11/07/2012 11/07/2013 COMBINED SINGLE LIMIT ..Ii 1,000,000(Ea accident) , • ANYAUTO I ' BODILY INJURY (Per person) $G AlL OVIINED 0 SCHEDULED i : BODILY INJURY (Per accident) ! $ ..----J AUTOS . AUTOS I • X • r1 NON-OVIINED i i rp~?~!'r.~~t~AMAGE $.fi HIRED AUTOS' AUTOS ! I ! $ UMBRELLA LIAB : I OCCUR .1 i I i EACH OCCURRENCE $I-­ EXCESS LIAB n CLAIMS-MADE I i I AGGREGATE $ DED I i RETENTION $ I $ WORKERS COMPENSATION 1 I I T~g~mr.~;, I IO~- AND.EMPLOYERS· LIABILITY YIN . I I .--­ ANY PROPRIETORIPARTNERIEXECUnVE D N I A ! I ~ACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? .1' (Mandatory in NH) i E.L. DISEASE -EA EMPLOYEE $ If yes, describ~ ~~~r : hAlnw ' I ! E.l. DISEASE -POLICY LIMIT $ I I I i ! I ! i I i I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES CAttach ACORD 101, Additional Remarks Schedule,lf more space Is required) AI 000607CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURED COpy AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS DOCUMENT HAS A COLORED BACKGROUND· MICROPRINTfNG • LlNEMARK '" PATENTED PAPER AC# 680768 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONALR:E:GULATION . CONSTRUCTION LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED under the provisions of Chapt Expiration date: AUG 31, 2014 PERRY, GREGORY EDISON .. PERRI~ INTEIUlATIONAt. SERVICES " ~NC' 8081 SW 158 AVENUE ' '., r;o:;::...I,~~~i'.i~~4 MIAMI FL 33193 ~'" RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW SEQ# L12112600576 KEN LAWSON SECRETARY 004046 Local Business Tax Receipt Miami-Dade County, State of Florida -THIS IS NOT A BI LL -DO NOT PAY 7 083819 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES PER RIN IN TERNAT IONA L SE RVI CES INC RENEWAL SEPTEMB ER 30, 2014 1249 1 SW 134 a 20 7361710 Must be displayed at place of business MIAMI Fl331 86 Pursuant to County Code Chapter 8A -Art . 9 & 10 SEC. TYPE OF BUSINESS PAYMENT RECEIVEDOWNE R 196 GEN ER AL BU ILDING CO NTR ACTORPERRIN INTERNATIONAL SERVICES INC BY TAX COLLECTORCGC1 521088Worker(s) 2 $75 .00 08/16/2013 TXHS 1-13-046006 This local Busin ess Tax Receipt onl y confirms payment 01 the l ocal Bus i ness Tax . The Receipt is not a license, permit, or a certif ica tion of the holde r's qualifications, to do bu siness . Holder must comply with any governmental or nongovernmental regulalory laws and requirements which appl y to Ihe business. The RECEIPT NO. above must be displayed on all commercial vehicles -Miami-Dade Code Sec 8&-216 . For more information, visit WWw miamjdade .qoy}taxcoll octo r Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 As part of the Mastermind team, the professional services provided by the firm included the procurement, construction, and project management of all components necessary for the successful completion of the NW 128th Street Improvements (From NW 42nd Avenue to NW 47th Avenue) for the City of Opa Locka, Fl. (Contact: Mohammad Nasir, P.E., City Engineer, City of Opa Locka, Ph: 305-953- 2868). Project Highlights  Asphaltic Pavement Construction  Milling & Resurfacing  Drainage Construction  Concrete Valley Gutter  Pavement Marking and Signing  Swale Re-grading  Design/Build Project Coordination  Construction Management NW 128 Street Improvements Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 The professional design-build services provided by the firm included the procurement, construction, and project management of all components necessary for the successful completion of drainage improvements for various commercial and multi-family properties in the Miami area. (Contact: D. Palomino, Director, Construct Build, Inc., Ph: 954-632-2323). Project Highlights  Asphaltic Pavement Construction  Drainage Construction  Concrete Valley Gutter  Design/Build Project Coordination  Construction Management Drainage Construction Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 The professional services provided by the firm included the procurement, construction, and project management of all components necessary for the construction of the asphalt driveway improvements for various private commercial properties in the City of Miami (Contact: Mike Lowell, Perpetual Advancement Enterprises, Inc., Ph: 305-804-2812). Project Highlights  Asphaltic Pavement Construction  Milling & Resurfacing  Drainage Construction  Concrete Valley Gutter  Pavement Marking and Signing Paving & Drainage Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 The professional services provided by the firm included the procurement, construction, and project management of all components necessary for the construction of the Citywide Sidewalk Improvement project for the City of North Miami, Fl. (Contact: Rick Cade, City of North Miami Public Works, Ph: 305- 318-1690). Project Highlights  Concrete Sidewalk Construction  ADA Ramp Construction  Concrete Curb  Pavement Marking and Signing  Construction Management Sidewalk Construction Road Resurfacing SW 62nd Street and SW 57th Street - September 20, 2013 NORTH MIAMI TRAFFIC CALMING The professional services provided by the firm included the procurement, construction, and project management of all components necessary for the construction of several traffic calming circles for the City of North Miami (Contact: Kerrith Fiddler, Asst. PWD, City of North Miami, Ph: 305-244-8781). Project Highlights  Asphaltic Pavement Construction  Milling & Resurfacing  Type F and Type B Concrete Curb  Sidewalk and ADA Ramp Construction  Brick Pavers  Landscaping  Pavement Marking and Signing Streetscape Construction tpepe02-18-13 Page 2 of 68 CITY OF SOUTH MIAMI Road Resurfacing SW 62nd ST & 57th ST RFP #CP-2013-08 The City of South Miami, Florida (hereinafter referred to as “CSM”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposals” or “RFP”). All references in this Solicitation (also referred to as an “Invitation for Proposals”) to “City” shall be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #CP-2013-08 titled “Road Resurfacing of SW 62nd ST & 57th ST” The purpose of this RFP is to contract for the services listed in the Scope of Services in accordance Section No. 2 “Plans and Specifications” (hereinafter referred to as “the Project” or “Project”) Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk’s office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (1) original unbound proposal, two( 2 ) additional copies and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows Road Resurfacing of SW 62nd ST & 57th ST, RFP # CP-2013-08 and the name of the Proposer (also referred to as “Respondent”). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, September 20, 2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk’s receipt stamp. A Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers on Thursday, September 12, 2013 at 10:00 AM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. Maria Menendez, CMC City Clerk City of South Miami tpepe02-18-13 Page 3 of 68 SCOPE OF SERVICES 1. SCOPE OF SERVICES Scope of work involves performing road resurfacing work on selected streets within the City of South Miami and shall comply with applicable standards, including but not limited to the FDOT, Miami Dade County Public Works standards. Work covered under this contract shall also include and is not limited to maintenance of traffic, milling, clearing and grubbing, asphalt placement, retro reflective pavement markers and striping. The selected streets designated for resurfacing are as shown below: A. Location #1- On SW 57th Street, from SW 62nd Avenue, around the bend and terminating at SW 56th Street. There are approximately 915 linear feet road by 12 feet wide to be milled and resurfaced (contractor shall field verify dimension). A 24 Inch white stop bar marking at the Stop sign intersecting with SW 56 Street. B Location #2 - On SW 62nd Street, from SW 62nd Avenue, west to the end of the cul-de-sac. This location to include removal of a traffic circle curb and prepare for new asphalt. Reduce the radius of the circle to minimum 5 foot radius. There are approximately 400 linear feet road (210 linear feet by 22 feet wide) and (180 linear feet by 29 feet wide around the cul-de-sac) to be milled and resurfaced (contractor shall field verify dimension). A 24 Inch white stop bar marking at the Stop sign intersecting with SW 62 Avenue and 50 linear feet of double yellow 4 inch solid stripe on SW 62 Street. C. Material specification; 1. Asphaltic Concrete – Type S-3 (maximum 1/4”under tolerance) D.O.T. No recycled asphalt, 200Lb.Hubbard field. 2. 8” compacted limerock base on12” stabilized subgrade (98% max density). D. WHEN SUBMITTING THE BID PACKAGE, PROVIDE PRICE PER LOCATION. 2. PLANS AND SPECIFICATIONS Plans not applicable – 3. PROJECT DURATION The current estimate to complete construction of the project is 30 days substantial completion; 45 days final completion from issuance of Notice to Proceed. This is an estimate and the public bidding process will determine the actual construction cost. A Performance and Payment Bond is required for the full amount of the project END OF SECTION tpepe02-18-13 Page 5 of 68 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. 1. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for the project addressed in the Scope of Services in this RFP. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise specified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) Attachments/Exhibits to Special or supplemental conditions to Contract b) Special or supplemental conditions to Contract c) Attachment/Exhibits to Contract d) Contract e) General Conditions to Contract f) Addenda to RFP g) Attachments/Exhibits to RFP h) RFP i) Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours of opening the response submittals received, along with a request for permission to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. 7. The terms, provisions, conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by Tuesday, September 17, 2013 at 10 AM to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663-4368. tpepe02-18-13 Page 6 of 68 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as “RFP Specifications” or “RFP”) by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the “Cone of Silence,” in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager’s written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. tpepe02-18-13 Page 7 of 68 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub-contractor, supplier, Sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond, (Bond or cashier’s check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondent’s name and titled as follows: “SEALED PROPOSAL Road Resurfacing of SW 62nd ST & 57th ST, RFP # CP-2013-08. All erasures and corrections must have the initials of the Respondent’s authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink; all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase “not applicable”. 18. Goods: If goods are to be provided pursuant to this RFP the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent’s risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the tpepe02-18-13 Page 8 of 68 Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations for Proposals shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 20. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in the City’s Standard Indemnification and Insurance Requirements, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s); or b) At the time of the Proposal submission the Respondent must submit evidence, acceptable to the City, of insurability in the form of a letter from Respondent’s insurance carriers (“Letter of Insurability”) demonstrating the ability to obtain coverage outlined in City’s Standard Indemnification and Insurance Requirements. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best’s Key Rating Guide, latest edition unless otherwise required by City’s Standard Indemnification and Insurance Requirements and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the Respondent, which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City as an additional named insured who shall have the option, but not the duty, to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) Failure to fully and satisfactorily comply with the City’s insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive, responsible Respondent, as determined by the City Commission, subject to the right of the City to reject any and all proposals, to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local tpepe02-18-13 Page 9 of 68 governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney’s fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, in submitting this Proposal, shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 31. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance, as well as the applicable insurance policy with required endorsements, a Performance and Payment Bond if required, and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond/Security that accompanied the Proposal, and the Proposal Bond/Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates. Proposal Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 32. Pre-proposal Conference Site Visits: It is mandatory that all Respondents attend a pre-proposal conference if required or requested by the City, and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. tpepe02-18-13 Page 10 of 68 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. 35. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel, in whole or part, any invitation to bid when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. END OF SECTION Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: Attachments and Other Documents to be Completed:. X Bid Form N/A Proposal Bond X Performance Bond (As a Condition of Award; Not Required With the Submittal) X Respondents Qualification Statement X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X List of Proposed Subcontractors and Principal Suppliers X Related Party Transaction Verification Form X Indemnification and Insurance Documents Checl<Cit d ompee. /'" N/A *See l\Jote (I) Below v: / V V 'y'" V V V *( I) Performance Bond: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. EI\JD OF SECTION tpepe02-IB-1 3 Page II of 68 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package. and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price. within the Contract Time and in accordance with the other terms and conditions of the RFP Package . 2. Respondent accepts all of the terms and conditions of the Advertisement. RFP. Invitation for Proposals and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract. the Bonds. Insurance Policy with appropriate endorsements. Insurance Certificate. and other documents required by the RFP. within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the RFP Documents and of the following Addenda. if any (receipt of all which is hereby acknowledged.) September 12 . 2013 c,;/.Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work. site. locality. and all local conditions and laws and regulations that in any manner may affect cost. progress. performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP. the Respondent represents that: i. Respondent has studied carefully all reports and drawings. if applicable. of subsurface conditions and drawings of physical conditions . ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations. explorations. tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress. performance. or the furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations. investigations. explorations. tests. reports or similar information or data are. or will, be required by Respondent for any reason in connection with the Proposal. tpepe02-18-1 3 Page 12 of 68 iii . Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations. tests, reports or similar information or data in respect to any Underground Facilities are. or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errors or discrepancies. e . This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group. association. organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. if required. is provided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment, tools. superintendence and services necessary to provide a complete. in place, Project for the Proposal Price of: QUOTE EACH LOCATION SEPARATELY: LOCATION # I PRICE: Fifteen Thousand and Forty-Four Dollars and 85 cents ($15.044.85) LOCATION #2 PRICE: Eighteen Thousand Four Hundred and Eleven Dollars and 61 cents ($18.411.61) TOTAL PRICE: Thirty-Three Thousand Four Hundred and Fifty-Six dollars and Forty-Six cents $ 33,456.46 Alternates: #1 #5 #2 #6 #3 #7 #4 #8 tpepe02-18-13 Page 13 of 68 A fee breakdown. if applicable. for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. S. The ENTIRE WORK shall be completed. in full. within 4S days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: PERRIN INTERNATIONAL SERVICES, INC. Address: 12491 SW 134 COURT, #20 MIAMI , FL 33186 Telephone: 305-378-8594 Facsimile: 305-378-8995 Attention: GREGORY PERRY , PRESIDENT 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents. unless specifically defined in this RFP Package. SUBMITTED THIS 2<2'" DAY OF S £ethn8YZ. 20 )'3 . PROPOSAL SUBMITTED BY: PERRIN INTERNATIONAL SERVICES, INC. 305-378-8594 Company Telephone Number GREGORY PERRY 305-378-8995 Name of Person Authorized to Submit Fax Number propo~--:-:::: > ~ gperry@perrintl.com~--~ Signature Email Address PRESIDENT Title END OF SECTION tpepe02-IB-1 3 Page 14 of 68 ----------------------------------- RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar construction projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: tpepe02-18-13 5 5 0 0 NW 128TH STREET ROADWA Y IMPROVEMENTS DESIGN-BUILD PROJECT (MASTERMIND CONST. TEAM) CITY OF OPA LOCKA 780 FISHERMAN STREET, OPA LOCKA, FL 33054 Mohammad Nasir (305)953-2868 60 DA YS MAY 31 2013 MAY 15,2013 $336,212 (Civil Const. Portion) /$395,827 (Total inel. Design) $395,827 NORTH MIAMI TRAFFIC CALMING -NE 7TH!l41ST CITY OF NORTH MIAMI 776 NE 125 ST., NORTH MIAMI, FL 33161 Page 21 of 68 tpepe02-18-13 Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price : Actual Final Contract Price Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price : Actual Final Contract Price : KERRITH FIDDLER (305)895-9830 EX 2206 60 DAYS 07 /01 /2012 06 / 13 /2012 $49 ,953 .75 $49,953.75 NORTH MIAMI TR AFFI C CALMING I -NE 7TH /139TH CITY OF NORTH MIAMI 776 NE 125 ST , NORTH MIAMI, FL 33 161 KERRITH FIDDLER 305 -895-9830 EX 2206 60 DAYS 04 /01 /2012 02 /25 /2012 $49,953.75 $49 ,953.75 Page 22 of 68 3. Current workload Project Name Owner Name Telephone Number Contract Price COP[ 741 NW 56 Street Comprehensive Outreach Programs, Inc. 786-251-9289 $35 ,832 Sherbondy Village Park ing City of Opa Locka clo Mastermind Const. 305-953-2868 Pending Notice of Award 4 . The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: N /A a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years I. Government References : List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Name of Agency: City of West Park tpepe02-IS-1 3 Page 23 of 68 1965 S. State Road 7, West Park, Florida Address: Telephone No.: 954-889-4162 Dan Millien, Superintendent of Public Works Contact Person: Type of Project: Neighborhood Improvements Name of Agency: City of North Miami 776 NE 125 Street North Miami , FI33l6lAddress: Telephone No.: 305-318-1690 Contact Person: Rick Cade, Streets Coordinator Sidewalk Improvements / Streetscape Type of Project: SI. John CDC Name of Agency: 1324 NW 3rd Avenue Address: 305-372-0682 ( oaluko@stjohncdc.org) Telephone No.: Ola Aluko Contact Person: Type of Project: Paving and Drain age. Pavement Markings & Signage tpepe02-IS-1 3 Page 24 of 68 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE __G_r_e_g_ory_P_e_rry________________ being first duly sworn, deposes and states that: ( I) He/She/They is/are the ___P_re_s_id_e_nt______________________ (Owner, Partner, Officer, Representative or Agent) of PERRIN INTERNATIONAL SERVICES, INC. the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. =--­=:::=--:::=====:=-:::::..By:~~~ Witness '\rfS'-\S 'M / Signature .~ GREGORY PERRY, PRESIDENT Print Name and TitleWitness ~arj t{ VaJ/-{C J/ 10 q -\ -I S Date tpepe02-IB-13 Page 25 of 68 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the ' ~ ~ day of 5 sl-Q'f€..t'16a.L , 20~, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) f individual(s) who appeared before notary) ..e.b ,t ~\S ~ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it . WITNESS my hand and official seat. ~~J Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: !)~'V;L li 0N5-Q. . Type of Identification Produced Did take an oath, or Did Not take an oath. © Thomas F. Pepe, 2011-2013. All rights reserved. Page 26 of68 6/18/13 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public bUilding or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies . SWORN STATEMENT PURSUANT TO 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. I. This sworn statement is submitted to CITY OF SOUTH MIAMI [print name ofthe public entity] by for GREGORY PERRY, PRESIDENT [print individual's name and title] PERRIN INTERNATIONAL SERVICES, INC. [print name of entity submitting sworn statement] whose business address is 12491 SW 134TH COURT, UNIT #20 MIAMI, FL 33186 and (if applicable) its Federal Employer Identification Number (FEIN) is 26-2313022 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: -------------------.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or © Thomas F. Pepe, 2011-2013. All righls re se rved. Page 27 of 68 6118/13 (b) 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, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in 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, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july 1,1989. ___ The entity submitting this sworn statement. or one or more of its officers. directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of july I. 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 INDENTIFIED IN PARAGRAPH I (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. c:;;::;;: ~~~~_T ~~~_~~=~~~==~__ /' . [Signature] Sworn to and subscribed before me this \ ~T\4­ d,yof 5;;r::~:5 Personally known _____________ OR Produced identification ___....:.______ F_ G-,1.d4~ Notary Public -State of_-=_-,--____ My commission expires Q + \~ \I '2..~ t 't (Type of identification) (Printed. typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) MARISOL ROSENTHAL Notary Public. State of Florida© Thomas F. Pep e, 2011-2013. All right s reserved. CommiSSion #DD983163 My Commission Expires Jul. 31. 2014 Page 28 of 68 6/18113 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall 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: I) 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 shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining 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 (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee 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) business 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. ~~ RESPONDENT's Signature: ~ ~ Print Name: GREGORY PERRY © Thomas F. Pepe, 2011-2013 . All rights reserved . Page 29 of 68 6/18/13 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Perrin Intern ational Services, Inc . , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORs for the Road Resurfacing of SW 62"d ST & 57th ST project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability , claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): Mas ter Paving Engin eering, Inc. All Profe ss ional Stripin g, In c. to comply with such act or regulation. PRE SIDENT Title © Thomas F. Pepe , 2011-2013 . All ri ght s reserved. 611811 3 Page 30 of 68 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Worl< Subcontractor Name Address Telephone, Fax & Email Landscape Sodding and Turf Work Electrical Irrigation Paving Master Paving Engineering 8249 NW 36 St.,Mia, FI 33166 305-418-8775/8716 Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: Pavement Markings & Sign All Professional Striping, Inc . 11925 SW 187 Street Miami , FI,33177 786-271-1552 / 786-573-1131 ThiS list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. © Thomas F. Pepe, 2011-2013 . All rights reserved . 61J81l3 Page 31 of 68 RELATED PARTY TRANSACTION VERIFICATION FORM 1 Gregory Perry . individually and on behalf of Perrin International Services. Inc. ("Firm")have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics. Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge. information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I. and/or the Firm. am(are) about to perform for. or to transact with. the City. and (2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater than 5% in the Firm. has any relative(s). as defined in section 8A-I. who is an employee of the City or who is(are) an appointed or elected official of the City. or who is(are) a member of any public body created by the City Commission. i.e .• a board or committee of the City. [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (i.e .• spouse. parents. children. brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect. in any business being transacted with the city. or with any person or agency acting for the city. other than as follows: _(use (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family members (i.e .. spouse. parents. children. brothers and sisters) has a financial interest, directly or indirectly. in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ____ ___ ________ _________ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own. directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees. appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust. or through our performance of our duties under the terms of the contract with the City. to secure a special privilege. benefit. or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public. for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe , 2011-2013. All rights reserved. Page 32 of 68 6118113 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). X :\Purchasing\Vendor Registration\l2.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers. or directors of the Firm. nor any of their immediate family (i.e., as a spouse. son, daughter. parent. brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: _______________________(if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees. officers, or directors of the Firm. or of any of their immediate family to any appointed or elected officials of the City. or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e .• spouse. parents. children. brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse. parents. children, brothers and sisters) have also responded. other than the following: _-----------------_______________ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm. or the Firm he/she represents. as to their officers. directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code. the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City. and the imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge. information and belief. Signature : _--=-......Z~:::::~~::::::::.....:,:::==::::::;::.>-:~-==~~=_-~ Print Name & Title: Gregory Perry, President Date: .'1-( '1 ~ ( > Ij) Thomas F. Pepe , 2011-2013 . All rights reserved . 6/18 / 13 Page 33 of 68 ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals , boards and agencies of the city as perform quasi-judicial functions . (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission . (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled . (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift. favor, thing of value or financial benefit conferred, or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city . (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved . (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or ser vices for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable . Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position . Nothing in this subsection shall prohibit or make illegal : (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture , professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or se r vices without entering a transaction which would violate this subsection but <D Thomas F. Pe pe, 20 11 -20 13. All rights reserved . Page 34 of 68 6118113 for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm. corporation. partnership or business entity in which that person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: ( I) Officer, director. partner. of counsel. consultant, employee. fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan. travel. entertainment. hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books. reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)( I); or d . Attendance or absence from a publiC meeting at which official action is to be taken . (4) Disclosure . Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity, haVing a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112. Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest. and should the corporation. firm. partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. © Thomas F. Pepe, 2011·2013. All rights reserved. 6/ 18/13 Page 35 of 68 (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required . Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. © Thomas F. Pepe, 2011-2013 . All rights reserved . 6/18 / 13 Page 36 of 68 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official. officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(l) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ. bid, request for ruling or other determination. contract. claim. controversy. charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision. approval. disapproval. recommendation. the rendering of advice, investigation, or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval, disapproval. recommendation, the rendering of advice. investigation. or otherwise. during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval. disapproval. recommendation. the rendering of advice, investigation, or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials . (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No . 6-99-/680. § 2 . 3-2-99) Editor's note-Ord. No. 6-99-16S0. § I. adopted 3-2-99. repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2 . Former §§ SA-I and SA-2 pertained to declaration of policy and definitions. respectively, and derived from Ord. No. 634. §§ I (I A-I). I (I A-2) adopted Jan ...II. 1969 . END OF SECTION © Thomas F. Pepe, 2011-2013. All rights reserved. Page 37 of 68 6/18/13 ADDENDUM No. #1 Project Name: Road Resurfacing SW 62 St & 57 St RFP NO. CP-20 13-08 Date: September 12, 2013 Sent: FaX/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, 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. Question # 1 : Is there a budget for this project? Answer to Question # 1 : Yes, the budget is $40,000. Question #2: Will this project be split between two or more contractors? Answer to Question #2: No, the project will not be split. A single contractor will receive the award for both locations identified in the RFP, "Scope of Services," Page 3. Question #3: Please advise if the traffic curb must be replaced with a similar curb for "Location #2 -SW 62 St." Page t of2 Answer to Question #3: No. The traffic curb at the end of the cul-de-sac is to be removed only and not replaced. Question #4: Is milling required? Answer to Question #4: Milling is required at "Location #2 -SW 62 St." only; milling is not required at "Location #1 ­ SW 57 St." Question #5: Please advise the thickness of the asphalt that must be applied at both locations. Answer to Question #5: The asphalt must be applied at I" (Inch) thick for both locations. Question #6: Please advise if the City would consider using recycled asphalt? Answer to Question #6: Yes, the material specification located in the RFP under "Scope of Services," Section "c" is revised to include a 20% mixture of recycled asphalt. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2