DOCUMENT - CopySouth Miami
City of South Miami
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Request for Proposal for
2001
Bus Shelters Phase 2
RFP # C2013 -07
Submittal Due Date:
Friday, July 26, 2013 at 10 A.M.
CITY COMMISSION
Mayor:
Vice Mayor:
Commissioner:
Commissioner:
Commissioner:
CHARTERED OFFICIALS
City Manager:
City Attorney:
City Clerk:
Philip K. Stoddard, PhD
Josh Liebman
Valerie Newman
Walter Harris
Bob Welsh
Steven Alexander
Thomas Pepe, Esq.
Maria M. Menendez, CMC
Capital Improvement Project Manager:
Jorge I. Vera
Capital Improvements Program
City of South Miami
"Excellence, Integrity and Inclusion"
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CITY OF SOUTH MIAMI.
Bus Shelters Phase 2
RFP #C2013 -07
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 # C2013 -07 titled "Bus Shelters Phase
2." The purpose of this RFP is to contract the services necessary to the complete the construction of the
proposed bus shelters in accordance with the plans prepared by G. Batista & Associates (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.govi 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 included with the RFP.
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 Cleric 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 Bus Shelters Phase 2, RFP # C2013 -07 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, July 26, 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
Friday, July 19, 2013 at 10:00 A.M. The meeting shall be held regardless of weather conditions. However, any
requests for additional information or questions must be in writing, emailed by 10 A.M. local time on
Wednesday, July 24, 2013 to the attention of Mr. Steven Kulick, Purchasing Manager at
skulick @southmiamifl.gov.
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 M. Menendez, CMC
City Clerk
City of South Miami
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SCOPE OF SERVICES
I. SCOPE OF SERVICES
The project consists of furnishing of all labor, materials, tools, equipment, machinery, superintendence
and services necessary for the complete in place construction of bus shelters at two different locations.
The proposed construction project is located on the NE corner of Sunset and SW 58 Avenue and at the
SE corner of SW 59 Pl. and SW 69 St.
2. PLANS AND SPECIFICATIONS
The proposed project is to be estimated and constructed in accordance with plans, refer to Exhibit #1
and Exhibit #2, entitled `Bus Shelter South _M_ iarni -prepared by G.- Batista & Associates- dated
6110113. There are two different locations for the bus shelters:
• Exhibit #1: NE corner of Sunset and SW 58 Avenue and;
• Exhibit #2: The SE corner of SW 59 PI. and SW 69 St.
3. PROJECT DURATION
The current estimate to complete construction of the project is 120 days 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
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INSTRUCTIONS for RESPONDENT
Bus Shelters Phase 2
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.
I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price
for Bus Shelters Phase 2. 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.
S. 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) Attach mentslExh i bits 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
Q Addenda to RFP
g) AttachmentslExhibits 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
Wednesday. luly 24-2013 at 10 A.M, to the attention of Steven P. Kulick at
skulick @southmiamifl.gov or via facsimile at (305) 663 -4368.
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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 documenm
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.
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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.
g) 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 BUS SHELTERS PHASE 2,
RFP #C2013 -07 ".
18. 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 ".
19. 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
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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.
20. 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.
21. 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)
f) 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.
22. 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
23. 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.
24. 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 7 of 69
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
25. 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.
26. 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.
27. 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, individuai 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
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34. 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.
35. Submittal Requirements: All Proposals shall comply with the requirements set forth herein.
36. 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.
37. 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
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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:
x
Bid Form
I I
X
Proposal Bond
14
X
Performance Bond
16
X
Respondents Qualification Statement
20
X
Non - Collusion Affidavit
23
X
Public Entity Crimes and Conflicts of Interest
25
Drug Free Workplace
27
X
Acknowledgement of Conformance with OSHA Standards
28
X
List of Proposed Subcontractors and Principal Suppliers
29
X
Related Party Transaction Verification Form
30
X
Indemnification and Insurance Documents
68
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
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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. — Dated: U�
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
b. Respondent has familiarised 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 Use 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
o #1
#2
#3
#4
Q #5
#6
#7
#8
cents
$ 06)
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.
004es
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: �/
Address: Z29 a yr dyV17- ¢jG "
Telephone:
Facsimile:
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 2!i DAY OF�J% 20 13
PROPOSAL SUBMITTED BY:
Company
Ke 1pg�
Telephone Number
A; 061 Aeo?--
Name of Person Authorized to Submit
Proposal
Signatur
�i5; 1 a cl,41/
Title
/�� Fax Number
'Vi tl Xx X, - XeA 4/w 70 i r, r, P,
E ail Address
END OF SECTION
tpepe02 -18 -13 Page 13 of 69
PROPOSAL BOND
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
RFP Bus Shelters Phase 2
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety, are held and firmly bound unto the City of South Miami ( "City"), a
municipal corporation of the State of Florida in the sum of
Dollars ($ ), lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that:
WHEREAS, the Principal has submitted the accompanying Proposal dated for
the pursuant to an RFP and a condition precedent to the
submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be
submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP
and proposal documents;
NOW THEREFORE,
A. If the principal shall not withdraw said proposal within ninety (90) calendar days after the date for opening
of the same, and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature,
enter into a written contract with the City in accordance with the proposal as accepted, and give bonds with good
and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such
contract, and provide proof of insurance as required, then the above obligations shall be void and of no effect,
otherwise to remain in full force and effect.
B. However, in the event of the principal's unauthorized withdrawal of said proposal within ninety (90)
calendar days after the date of the opening of the same or the failure to enter into a written contract with the
Owner in accordance with the proposal as accepted, and/or the failure to provide the City with bonds issued from
good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of
such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it
for signature and /or in the event that the principal is not awarded the project but fails to waive all claims that arose
or might have arisen out of the RFP process, then the above obligations shall remain in full force and effect and the
bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Proposal
Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not
applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to
the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City
for any and all action taken, whether before or after the commencement of legal proceedings, including
proceedings required to obtain the court order of disbursement, including the cost of all appeals or other related
proceedings, as well as the fees and costs incurred to collect these damages.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their
several seals this day of , 2C L_, the name and the corporate seal of
each corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
tpepe02 -18 -13 Page 14 of 69
SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND
IN PRESENCE OF:
(Seal)
(Individual or Partnership Principal)
(Business Address)
(City/State /Zip)
(Business Telephone)
ATTEST:
Secretary (Corporate Surety)*
By:
*Impress Corporate Surety Seal
IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list
(circular 570 as amended) and be authorized to transact business in the State of Florida.
FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISQUALIFY YO
By:
tpepe02 -18 -13 Page 15 of 69
FORM OF PERFORMANCE BOND
RFP Bus Shelters Phase 2
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
whose business address is and whose telephone
number is as Principal (hereinafter referred to as "Contractor "), and
, whose business address is and
whose telephone number is as Surety, are bound to the City of South Miami whose
business address is and whose telephone number is as Obligee,
(hereinafter referred to as "City") in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has entered into a Contract, for the «PROJECT», awarded on the
day of 20_, under Contract Number by the City for the construction of
(brief description of the Work) in accordance with drawings (plans)
and specifications prepared by G. Batista & Associates dated_6 Q 13 which Contract is hereby made a part
hereof by reference, and is hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that the Contractor:
I. Fully performs the Contract between the Contractor and the City for the
within days after the date of Contract commencement as specified in the Notice
to Proceed and in the manner prescribed in the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including
attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains
because of default by Contractor under the Contract or caused by or arising out of any action or
proceeding to enforce the Contract or this Bond; and
3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that
appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all
latent defects that are discovered before the expiration of the third (3rd) year following the date of
the issuance of the Certificate of Occupancy; and
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified
in the Contract.
If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and
effect.
Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict
accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform
in the following manner:
Complete the Contract in accordance with the Contract's terms and conditions provided the City
makes available, as Work progresses, that portion of the Contract Price that has not already been paid
to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount
of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for
which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to
commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the
Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30)
days, either consecutive or in combination with separate occasions, the City shall have the option, in
the City's sole discretion, and without waiving its right to any other remedy or damages provided for
by this bond, to complete the Work with other forces and the Surety shall pay for the cost to
complete the Work.
The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable
by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City
to the Contractor.
tpepe02 -18 -13 Page 16 of 69
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's
obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals on this day of , 20__, the name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF.
(Individual, President, Managing Member or General Partner, etc.)
Florida, the foregoing performance bond was acknowledged by (Corporate Officer),
(Title), of (Name of Corporation), a
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal.
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:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
tpepe02 -18 -13 Page 17 of 69
(Business Address)
(City /State /Zip)
(Business Telephone)
OR
(Corporate Name)
ATTEST:
(President)
Secretary
(Business Address)
(City /State/Zip)
(Business Telephone)
IN THE PRESENCE OF:
INSURANCE COMPANY:
BY: (SEAL) (Agent
and Attorney -in -fact Signature)
(Business Address)
(City /State/Zip
(Business Telephone)
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
On this, the day of
20 , before me, the undersigned notary public of the State of
Florida, the foregoing performance bond was acknowledged by (Corporate Officer),
(Title), of (Name of Corporation), a
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal.
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:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
tpepe02 -18 -13 Page 17 of 69
1; &1 a u.C9],-M LtiWiitl4 z k i IOU 41
RFP Bus Shelters Phase 2
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.01, et seq., Florida Statutes, we,
, whose business address is and whose
telephone number is as Principal, (hereinafter referred to as "Contractor'), and
whose business address is and whose telephone
number is , as Surety, are bound to the City of South Miami, whose business address is
and whose telephone number is as Obligee, (hereinafter referred to
as "City ") in the amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has, by written agreement, entered into a Contract for the aPROJECTv, awarded
on the day of , 2Q_, under Contract Number for the
construction of {brief description of the Work) by the City in
accordance with drawings (plans) and specifications prepared by G. Batista & Associates dated 6/10/13 which
Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
I. Promptly performs the construction work in the time and manner prescribed in the
Contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor
in the prosecution of the work provided for in the Contract; and
3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in
any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a
default by Contractor under the Contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force
and effect.
Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract shall not
affect the Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals on this day of , 20--_, the name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
(Individual, President, Managing Member or General Partner, etc.)
(Business Address)
(City /State /Zip)
(Business Telephone)
OR
(Corporate Name)
ATTEST:
(President)
Secretary (Business Address)
(City /State/Zip)
tpepe02 -18 -13 Page 18 of 69
(Business Telephone)
SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY
_ .. IS THE SURETY
IN THE PRESENCE OF:
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
IS THE PRINCIPAL AND
NSURANCE COMPANY:
BY: (SEAL)
(Agent and Attorney-in -fact Signature)
(Business Address)
(City /State /Zip
(Business Telephone)
On this, the day of ' 20--, before me, the undersigned notary public of the State of
Florida, the foregoing payment bond was acknowledged by (Corporate Officer),
(Title), of (Name of Corporation), a
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
*Power of Attorney must be attached.
Notary Public, State of Florida
(Name of Notary Public: Print, Stamp
or Type as commissioned.)
tpepe02 -18 -13 Page 19 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.
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
dthe ast 10 n Schedul
2. List the last three (3) completed similar projects. /
a) Project Name: /�� l /Y STS
Owner Name: l '
Owner Address:
AA
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:
Owner Telephone: 505
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract
(Days):
tpepe02 -18 -13
Completion Time
''P�33/��
a-
Page 20 of 69
A��
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Project Name
Owner Name Telephone Number
M-0
Contract price
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:
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
1. Government References:
tpepe02 -18 -13 Page 21 of 69
List other Government Agencies or Quasi - government Agencies for which you have done business within
the past.five {5} years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
tpepe02 -18 -13 Page 22 of 69
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
NON - COLLUSION AFFIDAVIT
RFP Bus Shelters Phase 2
being first duly sworn, deposes and states that:
(I) He1ShelThey islare the
(Owner, Partner, Officer, Representative or Agent) of
,�!� 4 9 .4 1��Y
o I4� �Xl— ��G4f)110e FAsponclent 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 agen , representatives, owners, employees or parties of interest, including this affiant.
t
igned, sewed and deliv r d in the presence of.
By:
Wit ss I -c>0 T (C- ^-{ V1 Signature
_ Aefl(;41 A� ee_r
Witness Print Name and Title
Date
tpepe02- i 8-13 Page 23 of 69
ACKN WLE GEMENT
STATE OF FLORIDA .
COUNTY OF MIAMI -DADE
On this the Z49 day of , 20/7 , before me, the undersigned Notary Public of the State
of Florida, ersonally aggeared (Name(s) of individual(s) who appea d be re
notary) �rCie a d ose name(s) is/ re Subscribed to the
within instrument, and he/she /t y acknowledge that he/she/they jxec ed i
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
0 Thomas F. Pepe, 2011 -2013. All rights reserved.
6/18/13
�;GQdG1114, ?p i
A i
� 9 .
No ublic, State of Florida =* : �•� p �' i1
=�%
f��A 1fDD949132 *oe�
jjam� -- � 9�f • AroY"d 00 <�p�`�
•SkTsA� ` 0\RP'
(Nan of Notary Public: Print, Stamp or pe as
commissioned.)
V Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
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
I i st ".
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
> / [print name of th publi entity]
by & ef'�
IpLQint i vidu 's name nd title /
for ty CG S
[print name of entity sAmit4ing sworn statement]
4
whose business address is _Ao-,-
.L 3 7
and (if applicable) its Federal Employer Identification Number (FEIN) is 4 (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 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
polo 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.
5. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statute, 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 su itting 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 1 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. l
Sworn to and subscribed before me this
Personally known
Q day
OR Produced identification Notary Public— State of
\\���
D. MARIN /i����r My commission expires
(Type of identification) : �coch jq �o A : (Printed, typed or stamped commissioned
Form PUR 7068 (Rev.06l1 1192) — , name of notary public)
S : #DD 949132
99 :
ST
Thomas F. Pepe, 2011 -2013. All rights reserved.
6/18/13
Page 26 of 69
DRUG FREE WORKPLACE
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 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 (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, 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: �J
Print Name: / a
Date: Z� ®L
Thomas F. Pepe, 2011 -2013. All rights reserved.
6118113
Page 27 of 69
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
RI=P Bus Shelters Phase 2
TO THE CITY OF SOUTH MIAMI
We, 9A iy'��i�% flq !d p1, (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
�z�z3�D g i f� -- 30 5- z��
to comply with such act or regulation.
K& el
fitness
BY:
Name
Sf Qom!
Title
C0 Thomas F. Pepe, 2011 -20I3. All rights reserved.
6118113
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 moiect if they are awarded the Contract
Classification of Work
Landscape
Subcontractor
Address
Email
Sodding and Turf Work
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
�
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'wad 3
i /vic &0.14/W-q/ .r G�lf
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
i nis list span 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, 201I -2013. All rights reserved.
6/18/13
Page 29 of 69
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