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FLORIDA CONSTRUCTION & ENGINEERING, INC.
BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RFP Bus Shelters Phase 2 1. 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.) Addendum No. One Dated: 7/19/13 Addendum No. Two Dated: 7/23/13 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. 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. tpepe02 -18-13 Page I I of 69 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: LUMP SUM BASE PRICE: dollars and Alternates: #1 #2 #3 l Seventy One Thousand, Four Hundred Dollars Zero Cents cents #5 #6 #7 #8 $ 71,400.00 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. 5. The ENTIRE WORK shall be completed, in full, within 120 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: tpepe02 -18 -13 Page 12 of 69 RESPONDENT: Florida Construction & Engineering, Inc. Address: 155 Bentley Drive Miami Springs, FL 33166 Telephone: .305- 883 -7601 Facsimile: 305 -883 -1514 Attention: 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 oZG> DAY OF j u) 20 t PROPOSAL SUBMITTED BY: Florida Construction & Engineering, Inc 805- 883 -7601 Company Telephone Number Hamid Djahanshahi :305- 883 -1514 Name of Person Authorized to Submit Fax Number .Proposal fce52@yahoo.com Signature. a " """"' Email Address :President Title END OF SECTION tpepe02 -18 -13 Page 13 of 69 RESPONDENT QUALIFICATION STATEMENT RFP Bus Shelters Phase 2 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. tpepe02 -18 -13 Page 20 of 69 I. Number of similar construction projects completed, 5 a) In the past 5 years 3 In the past 5 years On Schedule 3 b) In the past 10 years 5 In the past 10 5 On Schedule 2. List the last three (3) completed similar projects. a) Project Name: ARRA Municipalities Group C - Part II Owner Name: Miami -Dade County Transit Owner Address: 111 NW 1 st Street, Miami, FL Owner Telephone: 786469 -5266 Original Contract Completion Time (Days): 190 Original Contract Completion Date: 7/23/13 Actual Final Contract Completion Date: 7/23/13 Original Contract Price: $371,229.00 Actual Final Contract Price: $371,229.00 b) Project Name: Wharf Access Gates Round 5 Owner Name: Port of Miami Owner Address: 1015 N America Way, Miami, FL Owner Telephone: 305 - 347 -3243 Original Contract Completion Time (Days): 240 Original Contract Completion Date: 8/13/12 Actual Final Contract Completion Date: 8/13/12 Original Contract Price: $1,515,365.00 Actual Final Contract Price $1,515,365.00 c) Project Name: Royal Oaks Security Guardhouse Owner Name: Miami -Dade County Public Works Owner Address: 701 Nw 1st Ct, Miami, FL Owner Telephone: 305 - 219 -6215 Original Contract Completion Time (Days): 100 tpepe02 -18 -13 Page 20 of 69 Original Contract Completion Date: 2803 Actual Final Contract Completion Date: 2003 Original Contract Price: Q51853800 Actual Final Contract Price: *518.530,00 3. Current workload 4. The following information shall be attached m the proposal. a) RFSPOwDENT\ home office organization chart. h) KESPONDENT's proposed project organizational chart. d Resumes n| proposed key project personnel, including on-site Superintendent, 5. List and describe any: i\ Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, mvno h) Any arbitration nr civil or criminal proceedings, o, None Suspension nf contracts or debarring from Bidding or Responding by any public agency brought ,) against the Respondent in the last five (5)years None |. Government References: zpeye02`18'13 Page 2lof69 c Jw" MAHMOUD REZA D'JAHANSHAHI 61 Deer Run Miami Springs, FL 33166 (561) 747 -9382 EDUCATION: Bachelor of Science in Civil Engineering, The Ohio State University, Columbus, Ohio, 1978 PROFESSIONAL EXPERIENCE: 1999 — Present Florida Construction & Engineering Inc. Miami, Florida Construction Site Manager — Responsibilities included review of schedules coordination among the various disciplines, resolution of daily design and construction obstacles. Performed as a liaison between Inspectors and other trades and disciplines. Studied all contracts to ensure jobs performed are in accordance with the scope of work and do not exceed the project budgets. 1992-1999 Techno Electric Inc. North Palm Beach, Florida Owner / Manager — My Spouse and I are sole operators and decision makers of the company. We are committed to all aspect of design and construction which includes estimating, bidding, financing, scheduling, marketing, job supervision, advertising, purchasing, invoicing, drafting and calculation. 1981 -1991 Bechtel Power Corporation. Gaithersburg, Maryland Civil/Structural Design Engineer- Responsibilities included analysis and design of steel and reinforced concrete structures. Performed calculation on frames, floor systems, platforms and retaining wall of power generating plant to assure compliance with AISC, AISI, ACI and AWS. Checked Architectural drawings for accuracy. Job Site Experience: Assigned to construction site to resolve structural design related problems. Interfaced with other disciplines and construction management for the expeditious resolution of problems to meet the project schedule. 1980-1981 Great Lakes Supply Co. Cleveland, Ohio Structural Design Engineer -As the only engineer had total responsibility for designing and drawing industrial and construction material handling device manufactured by this company. Other duties included testing and inspection subject equipment. 1979-1980 Paramont Technical service. Cleveland, Ohio Structural Design Engineer — Duties included structural analysis, design and modification of heat furnaces at Union Carbide Corporation, Metal Division, Ashtabula, Ohio. 1975-1979 Department of Civil Engineering, The Ohio State University. Columbus, Ohio Research assistant — Duties included research and studies on construction materials with an emphasis on asphalt and concrete mix design. Additional responsibilities were testing and defining strengio of various materials. REGISTRATION: EIT certificate, State of Ohio PROFESSIONAL AFFILIATIONS: American Society of Civil Engineers (ASCE) REFERENCES: Available upon request. HAMID REZA DJAHANSHAHI 61 Deer Run Miami Springs, FL 33166 (786) 271 -0656 EDUCATION Bachelor of Science in Civil Engineering. Ohio State University, Columbus, Ohio (December 1982) Areas of concentration include Structural and Construction Engineering Bachelor of Science in Mining Engineering. Ohio State University, Columbus, Ohio (June 1982) Relevant Coursework includes: Structural Engineering Principles Structural Analysis Basic Reinforcement Concrete Design Principles of Rock Mechanics Design of Steel Structures Geotechnical Engineering Wood Structure Design Cost Analysis PROFESSIONAL BACKGROUND General Construction Contractor, Florida Construction & Engineering, Inc. Miami Springs, FL (1987 to present) - Responsibilities included oversight of all aspects of assigned projects. Design and Construction Engineer, A &M International, Inc., Rockville, MD. (Jan 1983 to 1987) - Responsibilities included analysis and design of low — to mid -high rise residential, institutional and office building of both steel and concrete material Research Assistant. The Ohio State Department of Civil Engineering, Hydrology Laboratory, Columbus, Ohio (Jan 1981 to April 198 1) - Responsibilities included collecting geomorphic data for a U.S. Geological Department sponsored project in Ohio River Basin Resident Manager, Hill's Apartments, Columbus, Ohio (June 1979 to Jan 198 1) Research Assistant, The Ohio State University, Department of Civil Engineering, Division of Materials and Design, Columbus, Ohio (March 1979 to Sept 1980) - Responsibilities included preparing and testing samples for two research projects: A Statewide Study of Subgrade Soil Support Conditions and Optimization of Design of Asphalt Paving Mixtures. Maintenance and Repair Assistant, Ohio Dominican College, Columbus, Ohio (June 1978 to Sept 1978) PROFESSIONAL AFFILIATIONS Miami Springs Rotary Club American Society of Civil Engineers (ASCE) American Society of Mining Engineers (ASME) HONORS / AWARDS Recipient of Engineer in Training (EIT) certificate from state of Ohio Chi Epsilon, National Honorary Society for Engineers Achieved a 3.0/4.0 Cumulative Grade Point Average, The Ohio State University Recipient of the Mining Engineering Department Scholarship, The Ohio State University References Available upon Request Ali R. Djahanshahi 741 Falcon Ave. Miami Springs Fl. 33166 (786)208 -9392 EXPERIENCE: 2001 - Present Florida Construction & Engineering Inc. Miami Springs, Florida. Project Manager 1998-2001 United Airlines Chicago, Illinois / Los Angeles, California. Avionic's Technician 1997 -1998 Carnival Airlines Dania, Florida. Avionic's Technician 1996 -1997 Tampa Airlines Cargo Miami, Florida. Avionic's Technician 1988 -1996 Airways International Inc. Miami, Florida. Avionic's Supervisor EDUCATION: 1990 -1992 George T. Baker Aviation School Miami, Florida. Avionic's 1985 -1988 Montgomery College Rockville, Maryland Computer Science LICENSES: Airframe & Powerplant License FCC General Radiotelephone Operator License 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 Homestead Address: 29305 Illinoise Rd, Homestead, FL 33033 Telephone No.: 305 - 248 -1527 Contact Person: Dennis Maytan Type of Project 2 new Public Restrooms at Harris Field Name of Agency: Miami Dade Parks & Recreations Address: 275 NW 2nd Street, Miami, FL Telephone No.: 305 - 755 -5464 Contact Person: Richard Cabrera Type of Project New Aquatic Center and Interior Renovations Name of Agency: Port of Miami Address: 1015 N America Way, Miami, FL Telephone No.: 305 - 347 -3235 Contact Person: Kari Garland Type of Project Concrete /Paving /Drainage /Electrical tpepe02 -18-13 Page 22 of 69 NON - COLLUSION AFFIDAVIT" RFP Bus Shelters Phase 2 STATE OF FLORIDA COUNTY OF MIAMI -DADE ) - -- Hamid Djahanshahi - being first duly sworn, deposes and states that: - (1). He /ShefThey is /are the _ President (Owner, Partner, Officer, Representative or Agent) of Florida Construction & Engineering, Inc. the Respondent that has submitted the ,attached Proposal; (2) He/Sherrhey 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 at, 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. Signed, sealed and delivered in the presence of: ' — By: } { r Witn ;. Signature " Hamid Djahanshahi - President Witness Print Name and Tide - 7126/13 .Date tpepe62 -18 -13 Page 23 of 69 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMkDADE On this the , day of 201 Z— , before me, the undersigned Notary Public of the State of Florida, personally appeared (N me(s) of individuals) who appeared before notary) tZ t.+0. J�,— ,. and whose name(s) is /are Subscribed to the within inaxrur ent, and he/she /they acknowledge that he /shetthey executed is WITNESS my hand and official seal. -, —P -- /. y RO K. G / M y 1&JUl N EE 2015 .y,. EXPIflES: duty iD 2gt5 EXPIR NOTARY PUBLIC: e anndeam marywbi Un 'vim s SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) —t.'-- Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take anoath. s'd Thom F. Pe0e, 2011.2013. All rights re"ser<<tii. 6113113 Page 24 of 69 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST RFP Bus Shelters Phase 2 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 112, 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 Florida Construction & Engineering, Inc. [print name of the public entity) by Hamid Djahanshahi [print individual's name and title] for Florida Construction & Engineering, Inc. [print name of entity submitting sworn statement] whose business address is 155 Bentley Drive, Miami Springs, FL 33166 and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 2768130 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or 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. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (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 © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 25 of 69 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. S. I understand that a "person" as defined in Paragraphs 287.133 (1) (e), Florida "Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or 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.] X 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 apublic entity prime subsequent to July 1, 1989, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 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 of July 1, 1989, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED W 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. nature] Sworn to and subscribed before me thi--..a day of,...� , 20 1 Z--. s Personally known ✓J OR Produced identification (Type of identification) Form FUR 7068 (Rev.06/ 1 1 /92) a Thomas F Npe 2611 -2613_ All rights rrtieived. 6 /18119 r NotaryPublic — Stateof My commission expires (Printed, typed or stamped c name of notary public w,- —, ROYA K ARABI MY Go7'MISSION # BE 107144 EXPIRES: July 10, 2015 IIaldai T6m NbcWYPUbft0lde,,4,, WORPOTIM ! ' �y RFP Bus Shelters Phase 2 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 haven drug -free workplace program,a business shall 1) Publish a. statement notifying employees chat 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 (1). 4) In the statement specified in Subsection (1), 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, orplea of guilty or nolo contenders to, any violation of Chapter 843 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) 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 s 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: 1-1 T _ 0 f � Print Name: Hamid Djahans a it - President Date: 7/26713 n Thomas F,Pepe, 2011 - 2013. All rights roer,ed_ en sn 3 Page 27 of 69 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS RFP Bus Shelters Phase 2 TO THE CITY OF SOUTH MIAMI We, Florida Construction & Engineering Inc; (Name of CONTRACTOR), hereby acknowledge and agree that as 'CONTRACTORS for the Bus Shelters Phase 2 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 G. Batista & Associates 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): to comply with such act or regulation. CONTRACTOR By: Hamid Ojahanshahi Name President Title •3'Phoinas F Pepo, 2011-2013 All rights rYservi - 6/18113 Page 28 of 69 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Bus Shelters Phase 2 BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Landscape Subcontractor Address Telephone, Email Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: 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. 6/18/13 Page 29 of 69 RELATED PARTY TRANSACTION VERIFICATION FORM RFP Bus Shelters Phase 2 I Hamid Djahanshahi , individually and on behalf of Florida Construction & Engineering, Inc. ( "Firm')have Name of Representative Company/VendorlEntity read the City of South Miami ( "City" )'s Code of Ethics, Section 8A- I 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 -1, 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) 1 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. 0 Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 30 of 69 (6) 1 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 \12.28.12 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 (Le,, 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 steel< 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) 1 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 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: :y,!" Print Name . &Title: Hamid Djahanshahi - President Date: 7126113 o rhomns F. Pepe.2011- 2013 ..All rights reserved 6/18/13 Page 31 of 69 ATTACHED: Sec. 8A- I - Conflict of interest and code of ethics ordinance. Municode Page IOR Sec. 8A -1. - 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: (1) 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. (S) 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 services 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)(1) 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: (1) 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: (1) 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 services without entering a transaction which would violate this subsection but ® Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 32 of 69 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)(1) 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)(1) 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: (1) 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)(1) 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)( 1) 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. (1)Defnidon. 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)(1) 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)(1) 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)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) 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)(1); 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)(1) 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)(1) 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 )(1) 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 33 of 69 (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) 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)(1) through (6) shall accept otheemployment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment. (1) 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)(1) 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. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (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) (1) 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 34 of 69 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) 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)(1) 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. (1) No person included in the terms defined in paragraphs (b)(1), (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)(1) thro —gh (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, 501(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)(1) 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)(1) 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)(1) 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 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) 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 -1680, § 2, 3 -2 -99) Editor's note- Ord. No. 6 -99 -1680, § 1, adopted 3 -2 -99, repealed §§ 8A- I and 8A -2 in their entirety and replaced them with new §§ 8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...I 1, 1969. ® Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 35 of 69 Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub - consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractors, sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTOR/COMPANY its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: ❑ Personal Injury: $1,000,000; ® Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 68 of 69 ADDENDUM No. #I Project Name: Bus Shelters Phase 2 RFP NU. 02013 -07 Date: July 14, 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 #I Is a bid bond required for this project and if so, what is the percentage of the bid bond? Answer to Question #I: No Bid Bond is required. Ouestion #2: What is the budget for this project? Answer to Question #2: The budget: for this project is $98,000. Please refer to the "Capital Improvement Program S Year Plan," from the City's adopted budget FY 2012- FY 2013, attached to this Addendum. Question #3' Are there restrictions related to traffic while the shelters are under constructions? Page I of 2 Answer to Ouestion #3: Yes, for the downtown location only, (SE Corner of SW 59 Place and SW 69 Street), traffic cannot be blocked during rush hours; 7:00 AM to 9:00 AM and from 4:00 PM to 6:00 PM and; traffic flow cannot be blocked for more than 4 consecutive hours. The awarded contractor must submit a M.O.T. to the City of South Miami's Public Works Department, Attention Jorge Vera, Capital Improvements Project Manager. Question ##4: Is the contractor responsible to provide and install the metal City Seal affixed to the bus shelters? Ouestion #5: No, the contractor is not responsible to provide and install the metal City Seal. The City will provide and install the seal to the completed bus shelters. Question #6: Are permit fees the responsibility of the contractor? Answer to #6: All City of South Miami permit fees will be waived. Other government entity permits, if required, are the financial responsibility of the contractor. Pre - approved City of South Miami permits have been pulled and are waiting for the awarded contractor's signature. Ouestion #7: Does the Bus Shelter require approval from Miami -Dade County's Public Works department? Answer to Question #7: No, both Bus Shelter locations are not located on roadways maintained by Miami -Dade County. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of 2 r. CAPITAL IMPROVEMENT PROG RAM 5 -YEAR PLAN South Miami ■ td ft 2001 PROJECT DESCRIPTION FUND SOURCE SOURCE FY 13 FY 14 FY IS FY 16 FY 17 TRAFFIC CALMING West Pinecrest Villas Traffic Calming Study and Const PTP $65,000 Pinecrest Villas Traffic Calming Phase 11 PTP $30,000 Bird Estates Traffic Calming Study and Construction LOGT $55,000 SW 641 Street Corridor Improvements Phase II CDBG $177,000 63rd Ct. Between Miller & SW 64th St. Traffic Calming PTP $40,000 Mango Terrace Traffic Calming (Construction) LOGT $24,000 60th Ave Traffic Calming PTP $50,000 Manor lane - Const of Traffic Calming Devices PTP $30,000 DRAINAGE IMPROVEMENTS Citywide Waterman Upgrade Project Ph I (Design) GOB $80,000 Commerce Lane Road and Drainage Improvements SMCRA $150,000 Dorn Ave Road and Drainage Improvements (Design and Construction) LOGT $30,000 SWDTF $60,000 Citywide Stormdrain Cleanout project SWDTF $20,000 Progress Road and Drainage Improvements SMCRA $180.000 FLEET REPLACEMENT PW Fleet Replace -Trash Crane, Truck, Aerial Lift CIP $287,000 PW Fleet Replace- Garbage & Trash Truck, Pick Up CEP $372,000 $372,000 6 Police Vehicles and Equipment CIP $161,390 $161,390 $161,390 $161,390 $161,390 Code Enforcement Fuel Efficient Vehicles CIP $ 1 5,000 $15,000 $15,000 $15,000 GEM Parking Enforcement Electric Car CIP $14500 ROAD INFRASTRUCTURE Citywide Trans Master Plan (Roadway, sidewalks, swales. neighborhood greenways & bicycle plan) PTP $100,000 $50,000 $SO,000 $50,000 $50,000 Sunset Drive Improvements - (6S - 67) & (67 -69) OF $100,000 PTP $220,000 SWDTF $100,000 $100,000 $100.000 $100.000 Street Resurfacing Program - Phase III LOGT $7S,000 $7S.000 $75,000 $75,000 $75400 57th Avenue Median Improvement PTP $30,000 Citywide Guardrail and Misc Road infrast Repairs LOGT $60.000 CITY OF SOUTH MIAMI BUDGET FY 2012 -2013 28 "' ' • South Miami 1 PROJECT DESCRIPTION FUND SOURCE SOURCE FY 13 FY 14 FY 15 FY 16 FY 17 PARK South Miami Park Infrastructure Improvements FRDAP $200.000 $200,000 $200,000 ADA Sidewalk Upgrades at Dante Fascell Tennis Center ADA $1000 Marshall Williamson Park Improvements SMCRA $50,000 Dog Park CEP $25,000 Citywide Parks Improvement CIP $100,000 Fuchs Park Improvement FRDAP $50,000 CITY FACILITIES Cry Hall- ADA Improvements ADA $10,000 Otywide Public Facilities Repairs OF $75.000 Centralize Departments In Sylva Martin Bldg CIP $100,000 City Hall- Storage Facilities for Critical Equipment OF $400,000 Van Smith House Demolition & Remediation CIP $20,000 MISCELLANEOUS CRA Street Lighting Project CDBG $170,000 SMCRA $65,000 At-Grade Pedestrian Crosswalk Devices PTP $61,000 $30,000 $30,000 Commerce Lane/Progress Rd. Business District Parking SMCRA $40,000 $160,000 Otywide replace directional street signs & posts PTP $150,000 Citywide landscaping Program T&S F $10,000 $10400 $10,000 $10,000 $10,000 Bus Shelters (2) FTP $98,000 Traffic Enforcement Computerized Sign LEFTF $8S00 Improving the Security of the Police Parking Lot LEFTF $300,000 Police Gas Pump Upgrade LEFTF $100.000 HP Designjet T2300e Multifunction Printer CIP $9,450 Three (3) Downtown Informational Kiosks CIP $4S,000 Trimble Geocoder GIS Locator CIP $7,695 GIS Data Storage Server CIP $I 5,855 ONESoludon Planning & Zoning Module CIP $36,380 TOTAL CAPITAL IMPROVEMENTS BY YEAR $3,233,770 $1,348,390 $1,328,390 $611,390 $683,390 CITY OF SOUTH MIAMI BUDGET FY 2012 -2013 29 South Miami r •" 20U1 CAPITAL IMPROVEMENT PROG RAM (CONT) 5 -YEAR PLAN CODE SOURCE OF FUNDS FY 13 FY 14 FY IS FY 16 FY 17 CIP Capital Improvement Program $535,270 $548,390 $463.390 $176,390 $548,390 LOGT Local Option Gas Tax $244,000 $75,000 $75,000 $75,000 $75,000 PTP People Transportation Project $874,000 $80,000 $80,000 $50,000 $50,000 SMCRA South Miami CRA $485,000 $160,000 $0 $0 $0 SWDTF Stormwater Drain Trust Fund $180,000 $100,000 $100,000 $100,000 $0 CDGB Comm. Development Block Grant $347,000 $0 $0 $0 $0 OF Unfunded $0 $175,000 $400,000 $0 $0 GOB MDC General Obligation Bond $80,000 $0 $0 $0 $0 FRDAP FL Rec. Develop. Assistance Program $50,000 $200,000 $200,000 $200,000 $0 ADA American Disability Act $20,000 $0 $0 $0 $0 LEFTF Law Enforcement Forfeiture Trust Fund $408,500 $0 $0 $0 $0 T &S F Trees & Shrubs Fund $10,000 $10,000 $10,000 $10,000 $10,000 TOTAL BY YEAR $3,233,770 $1,348,390 $1,328,390 $611,390 $683,390 CITY OF SOUTH MIAMI BUDGET FY 2012 -2013 3 This addendum submission is issued to clarify, supplement and /or modify she previously issued Request for Proposal (RFP) 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: Sheet A -101 for both shelters under General Conditions lists a $900 site visit allowance x 6 visits! Is this for each shelter — so you have 12 visits total = $10;800? Answer to Question #1: Both shelters shall include a total of six (6) visits, or three (3) visits per shelter. Question #2: Is a project sign required or is this optional? Answer to Question #2: The project sign is to be purchased and installed by the City and is not the responsibility of the awarded contractor. Page 1 of3 ADDENDUM No. #2 Project Name: Bus Shelters Phase 2 RFP NO. 02013 -07 Date: July 23, 2013 Sent: Fax/E- mail/webpage This addendum submission is issued to clarify, supplement and /or modify she previously issued Request for Proposal (RFP) 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: Sheet A -101 for both shelters under General Conditions lists a $900 site visit allowance x 6 visits! Is this for each shelter — so you have 12 visits total = $10;800? Answer to Question #1: Both shelters shall include a total of six (6) visits, or three (3) visits per shelter. Question #2: Is a project sign required or is this optional? Answer to Question #2: The project sign is to be purchased and installed by the City and is not the responsibility of the awarded contractor. Page 1 of3 Question #3: Just wanted to confirm that this project no longer requires a bid bond of 5% per the Addendum #1 dated July 19, 2013. Also, the Proposal Checklist indicates Performance Bond (pg 16) is required in the proposal, but the bid documents say this is only necessary if awarded contract. Please clarify. Answer to Question #3: The Performance Bond is a condition for the awarded contractor. A Performance Bond is not required with the proposal. Question #4: Can we have the specs and fastening details for the SS mesh ? Answer to Question #4: The mesh and attachment is to be stainless steel rust resistant "grid" pattern, architectural mesh with "u frame "' by Cambridge Architectural or approved equal. The mesh is to be installed as per manufactures specification. Awarded contractor to provide shop drawings signed and sealed by Florida registered Engineer Question #S: What type of paint is used on the steel? Answer to Question #S: (1) Roof & Beam finish - Painted finish with Tiger Drylock RAL color 6012 powder coat or approved equal. Awarded contractor must provide sample to the City's Project Manager for approval. (2) Roof System - To be hurricane proof galvanized corrugated metal panels and fasteners by Centria. To be install as per manufacture specifications. Awarded contractor provide shop drawings signed and sealed by Florida registered Engineer Question #6: Is the finish coat applied on the top side of the roof? Answer to Question #6: Yes, finish coat is applied on the top side of the roof. Page 2 of 3 Question #7: Are the existing benches and trash receptacles to be finished? Answer to Question #7: No, the existing benches and trash receptacles are not to be finished. Question #8: Is the slab 4 Inches or 6 inches? Answer to Question #8: The slab is 6" (inches.) Question #9: Will a roofer be involved in this project? Such as permits. Answer to Question #9: No a roofer is not required; this would be up to the contractor. Question #110: Plans call for soil treatment, is it necessary? Answer to Question #110: No, soil treatment is not required. Question #11: Will a final survey be required? Answer to Question #11: No, a final survey is not required. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of 3