MAGGOLC, INCCITY OF SOUTH MIAMI
`'
PUBLIC WORKS/CAPITAL IMPROVEMENTS AND CENTRAL SERVICES
INVITATION TO QUOTE
f _ LUMP SUM PROPOSAL
SUBMITTED TO: CityClerk'S Office
PROJECT:
Sidewalk Upgrade at Dante Fascell
Fascell Park Tennis Center. - --
NAME: Maria Menendez, CMC
ADDRESS:
8600 Red Road
ADDRESS: 6130 Sunset Drive
CITY/STATE:
Means, Florida 33143
CITY/STATE: Miami, Florida 33134
DATE:
August 74, 2017
PHONE: 30S -663 -6339
E -MAIL:
skulick@southmiamifl.gov
MANDATORY PRE QUOTE MEETING: Ig ° Y
DUE DATE;
"BIDDERS ARE ENCOURAGED TO VISIT THE PROJECT SITE PRIOR TO THE QUOTE DUE DATE.
QUOTE SUBMISSION REQUIREMENT
Quotes submitted after 10:00am on the due date will not be accepted unless otherwise specified in the quote document of a
time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the envelope needs
to read as follows:
City of South Miami
Maria M. Menendez, CIVIC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: "Sidewalk Upgrade Dante Fascell Park - Tennis Center"
Must input project name. if label and envelop does not have all information above your quote will not be accepted,
1. INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
2. AFFIDAVITS TO BE COMPLETED BY BIDDER: (Exhibit 7J2)
3. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY):
sidewalk area located at Dante Fascell'sTennis Center. Remove and
and tennis clay courts, backfill and regrade 6 feet from south edge of sidewalk and harmonize to existin grade.
4. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
I
Firm Name:
fi # .E.rff # r
Ati City,
w
Date:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS
$61LiC44TION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NONRESPONSIVE. THE CITY MAY, HOWEVER, IN ITS
SI DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER.
THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM
Exhibit # I
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 CONTRACTORICOMPANY 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 CONTRACTORICOMPANY 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 CONTRACTORICOMPANY 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-
Insurance and Indemnification July 25, 2012
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;
• Medical Insurance $25,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
C. Umbrella Commercial General Liability insurance on a Florida approved form with
the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim.
The City must be named as additional "named" insured for all except Workers'
Compensation, and reflect the indemnification and hold harmless provision
contained herein. Policy must specify whether it is primary or excess /umbrella
coverage. City must receive 10 days advance written notice of any policy
modification and 30 days advance written notice of cancellation, including
cancellation for non - payment of premiums. All insurance must remain in full
force and effect for the duration of the contract period with the City. The
CONTRACTOR/COMPANY must provide not only a "certified copy" of the
Binder but also the Policy itself with the name, address and phone number of
the agent and agency procuring the insurance.
D. Workman's Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
E. The policies shall contain waiver of subrogation against City where applicable, shall
expressly provide that such policy or policies are primary over any other collective
insurance that City may have. The City reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the
City.
Insurance and Indemnification July 25, 2012
F. All of the above insurance required to be provided by the
CONTRACTORICOMPANY is to be placed with BEST rated A -8 (A -VIII) or
better insurance companies, qualified to do business under the laws of the State of
Florida on approved Florida forms.
The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or
certificates of insurance to the City prior to the commencement of operations,
which "Binders" or certificates shall clearly indicate that the
CONTRACTOR/COMPANY has obtained insurance in the type, amount, and
classification as required for strict compliance with this Section and that no
reduction in limits by endorsement during the policy term, or cancellation of this
insurance shall be effective without thirty (30) days prior written notice to the
CITY.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR/COMPANY of his liability and obligations under this Section or
under any other portion of this Agreement
CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance
to the City verifying the above - mentioned insurance coverage.
CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the
CONTRACTOR/COMPANY 's General liability insurance and shall provide the
City quarterly reports concerning any and all claims.
Insurance and Indemnification July 25, 2012
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
., Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on
Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
2. Neither the individual(s) /firm, nor any of his /her /its employees shall be permitted
to represent any client before the Commission or any Committee, department or
agency of the City, and shall agree not to undertake any other private
representation which might create a conflict of interest with the City. The
individual(s) /firm may not represent any Commission member, individually, or, any
member of their family or any business in which the Commission member of their
family has an interest.
3. All proposals received will be considered public records. The City will consider all
quotations using such criteria as the Commission or City Manager may adopt at
either of their sole discretion. The individual(s) /firm selected will be required to
enter into a formal agreement with the City in a form satisfactory to the City, prior
to the execution of which the City shall reserve all rights, including the right to
change its selection.
4. Respondent's Attachment #2 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
S. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
6. Respondent's Attachment #4 "Acknowledgement and Conformance with
OSHA Standards," shall be completed and provided with the proposal submittal.
7. Respondent's Attachment ##S "Related Party Transaction Verification
Form" shall be completed and provided with the proposal submittal.
Page 1 of 10
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 Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
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. BIDDERS must disclose with their Bids, 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.
• •g
I !XOJ g 1:111 --j I Lei 4 g I I News] a I a I
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 or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 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
Page 2 of 10
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 contender.
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 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 Paragraph 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
applies to bid on contracts for the provision of goods or services led 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
applie .]
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, 19890
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, 19898
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.]
Page 3 of 10
Continuation of Attachment #2 Public Entity Crimes and Conflicts
Sworn to and subscribed before me this day of , 20
Page 4 of 10
00�- �
Whenever two or more Bids 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 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 will 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:
1. Publish a statement notifying employees tha
dispensing, possession, or use of a controlled
and specifying the actions that will be taken
prohibition. '
the unlawful manufacture, distribution,
substance is prohibited in the workplace
against employees for violations of such
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 on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contender 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) 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
above requirements. /I
�1tiangligm
Print Name:
Date: 711
Page 5 of 10
that this firm complies fully with the
Submitted this �7_ day of
The undersigned, as declares that the only persons interested in this KFPare named
herein; that no other person has any interest in this RFP or in the Contract to which this RpP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good 6aith, without collusion or fraud.
The agrees if this is accepted, to execute an appropriate CITY
document for the purpose of establishing formal contractual relationship between the Bidder/Proposer
and the CITY, for the performance of all requirements to which the response/submission pertains.
The states that this response is based upon the documents identified by the fo|kmvvnQ
number BidURFP
The full-names and residences of persons and 0rnm interested in the foregoing as
principals, are as follows:
Printed Name:
Company Name q
Continuation ofAttachment #3No Conflict of interlNon-Collusion Certification
Page 6 of 10
I " )-
ment was acknowledged before me t�_L_0ay of
20_3t by� C\ XX&�� cTv J"
—/-- . (name of
persoA whose signatu e is being notarized) who is
PATRICIA A. RIVERA
OoRy P6.1.
SEAL My COMM"SS'ON #EE73340
EXPIRES; MAR 13, 2016
Bon 0 through 1st State ,,Uran,,
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
IMAIMM"MilMl IMM 9MM
Page 7 of 10
STANDARDS"
to comply with such act or
Title
Witness
021.2 1#11 A i; I i i Tx& Q 9 1 11WIVIC4111
Page 8 of 10
I, individually and on behalf of `Firm ")
Nome of Representative CompanylVendorlEntity
have read the City of South Miami ( "City ")'s Code of Ethics, Section 8A -1 of the City's Code of Ordinances and I
hereby certify, under penalty of perjury that to the best of my knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the
contract or business that 1, 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, 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 transacteid with the city, or with any person or agency acting
for the city, other than as follows: 1l� _ (use a
separate sheet to supply additional informat on that will not fit on this line but make reference to the
additional sheet which must be signed under oath).
(4) no elected and/or appointed official or employee of the City of Miami, or any of their
immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financially
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 names:
(use a separate
sheet to supply idditional information that will not fit on this line but make reference to the
additional sheet which 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 %} r more of the total assets of capital stock in the firm are as follows:
n1 A (use a separate sheet to supply additional information that
will not fit on this Ime but make reference to the additional sheet which must be signed under
oath).
(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.
(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.' , , (use a separate sheet
to supply additional information that will not on this line but make reference to the additional
sheet which must be signed under oath). Neither 1 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:
,) _ (use a separate sheet to supply additional information that
will not fit on this H4 but make reference to the additional sheet which must be signed under
oath).
(7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial
Page 9 of 10
interest greater than 5% in that Other Firm, nor any member of those persons' immediate family
(i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members
(hereinafter referred to as "Related Parties') has responded to a solicitation by the City in
which I or the Firm that I represent or anyone who has a financial interest greater than 5% in
the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children,
brothers and sism"ave also responded, other than the following:
-(Use a separate sheet to supply additional information
that will not fit on this line but make reference to the additional sheet which must be signed under
oath).
(8) 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 a solicitation, I and the Firm have an obligation to supplement this
Verification Form with the name of all Related Parties who have also responded to the same
solicitation and to disclose the relationship of those parties tome and the Firm.
(9) 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.
ATTACHED:
Sec. 8A -1 - Conflict of interest and code of ethics ordinance.
Page 10 of 10