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1THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item No.:L September 28,2017 A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc., for the Drainage Improvement Projects at SW 65 Avenue and SW 60th Street and at SW 65 Avenue and SW 68th Street. The locations at SW 65 th Avenueand SW 60th Street and SW 65th Avenue and SW 68 th Street are experiencing continuous ponding during rain storm events. To address the ponding, the City hired a professional engineering firm to review the existing conditions and determine the causing of the flooding. As a first step, the existing drainage facilities were cleaned/vacuumed and video. From the video, it was determined that the pipes and French drain system are partially and some areas completely collapsed and are restricting the proper draining of the storm water flow. A plan to remediate the collapsed drain systems was developed by the City's contracted engineering company, construction documents were prepared by that engineering firm, and the project was placed out to bid. The City received four proposals in response to a solicitation. Pursuant to review, it was determined that Maggolc, Inc., is the most responsive and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Maggolc, Inc. $24,275.15 Persant Construction $49,369.40 IMF Estimating & Construction, Corp , $57,013.13 A contingency amount of $2,400 will be included over the proposal amount of $26,675.15 to address for unknown factors that may arise during the work. Amount not to exceed $26,675.15. FUND & ACCOuNT:.The expenditure shall be charged $26,675.15 to the Local Option Gas Tax Trust Fund account Storm Water number 112-1730-541-6210, which has a balance of $269,882.50 before this request was made. ATTACHMENTS: Resolution Bid Opening Pre-bid Maggolc, Inc., Proposal Proposal Summary Demand Star Results DBRAd Sun Biz Registration 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to negotiate and enter into a contract with 3 Maggolc, Inc., for the Drainage Improvement Projects at SW 65 Avenue and SW 60th 4 Street and at SW 65 Avenue and SW 68th Street. • 5 WHEREAS, the Mayor and City Commission wish to remediate the contil/luous ponding 6 conditions at SW 65 Avenue and SW 60th Street and at SW 65 Avenue and SW 68th Street; and 7 WHEREAS, a cleaning ofthe lines and assessment was completed and it was determined 8 that the drainage systems are partially and some areas are completely collapse and are 9 restricting the proper draining of the storm water flow; and 10 WHEREAS, the City's Professional Engineer developed remediation plans to correct the 11 affected drainage systems; and 12 13 WHEREAS, pursuant to a competitive selection process, it was determined that Maggolc 14 Inc., submitted a proposal in the amount of $24,275.15 that was the most cost effective; and 15 WHEREAS, the City desires to provide a contingency of $2,400 over the proposal 16 amount for unknown factors that may arise during the work; and 17 WHEREAS, the total expenditure, including the contingency amount, is not to exceed 18 $26,675.15; and 19 WHEREAS, the Mayor and City Commission desire to authorize the City Manager to 20 negotiate and enter into a contract with Maggolc Inc., for the Drainage Improvement Projects 21 at SW 65 Avenue and SW 60th Street and at SW 65 Avenue and SW 68th Street for a total 22 amount not to exceed $24,275.15. 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA; 25 Section 1. The City Manager is authorized to negotiate the price, terms and conditions 26 and to execute a contract with Maggolc Inc. for the drainage improvement projects at SW 65 27 Avenue and SW 60th Street and at SW 65 Avenue and SW 68th Street for an amount not to 28 exceed $24,275.15 and he is authorized to expend up to $2,400 for unforeseen conditions. The 29 expenditure shall be charged to the Local Option Gas Tax Trust Fund Account Storm Water 30 number 112-1730-541-6210, which has a balance of $269,882.50 before this request was made. 31 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 32 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 33 shall not affect the validity of the remaining portions of this resolution. Page 1 of 2 1 Section 3. Effective Date: This resolution shall take effect immediately upon adoption. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED AND ADOPTED this _ day of ____ , 2017. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATIORNEY Page 2of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: X;\Pi.tt~l1it$mg\Request (or Prop9saI$ 8? Q\J~difi¢aticril (.RfPs)\2017 t>tam~ge hIiprovenients S W 60 AYe & 68 St\Pte :ald\l>re~Bid Meeting ... RFPPW2(j17~19 9.1.17 :dOc·· . .. IMF $57,013.13 Estimating X X X X ic X X X X X X X X N/A X Star Paving $59,480.00 X X X X X X X X X X X X X X X (1) Condition of Award 2) Bid Form Completed, Withaut Lump Sum Price Member Name Bid Number Bid Name 4 Document(s) found for this bid 17 Planholder(s) found. 799 NOTIFIED Supplier Name Amec Foster Wheeler Bob's Barricades C. Slagter Construction, Inc. Calvin, Giordano & Associates, Inc. Construction Journal, Ltd. Florida Engineering & Testing, Inc. Jones Benitez Corporation Kiewit Lanzo Construction Company Link Systems LLC Marlin Engineering, Inc. Ric-Man International Roadway Construction, LLC Shasa Engineering Corp. SRS Engineering, Inc. The Paving Lady williams paving co., inc. City of South Miami RFP-RFP PW2017-19-0- 2017/SK Drainage Improvement Project for SW 65th Ave.nue & SW 60th & Address 1 2000 E Edgewood Dr. Ste.215 921 Shotgun Rd PO Box 1154 1800 Eller Drive, Suite 600 400 SW 7th Street 250 SW 13th Avenue 14877 SW 45th Court 450 Dividend Drive 125 S.E. 5th Court 5870 Hummingbird Court 1700 NW 66 Avenue 2601 Wiles Rd 12391 SW 130 Street 13965 S.W.lO St. 5001 SW 74 Ct. 1000 W Industrial Ave 11300 NW s River Drive City Lakeland Sunrise Palm City Fort Lauderdale Stuart Pompano Beach Miramar Peacthree City Deerfield Beach Titusville Plantation Pompano Beach Miami Miami Miami Boynton Beach Medley State Zip Phone Attributes FL 33803 8636672345 FL 33326 9544232627 ~ 1. Small Business 2. Woman Owned FL 34991 4073949415 FL 33316 9549217781 FL 34994 8007855165 1. Asian/Hawaiian 2. Small Business 3. Woman Owned FL 33069 9547816889 FL 33027 7868778766 GA 30269 7704872300 33441- FL 4749 9549790802 FL 32780 4074010031 1. Small Business FL 33313 3054777575 FL 33073 9544261042 FL 33186 9542270025 1. Hispanic Owned FL 33184 3052237991 1. Hispanic Owned 2. Small Business FL 33155 3056628887 FL 33428 5615722600 1. Hispanic Owned FL 33178 3058821950 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: . i?efofe the . undersigned authority personally appeared ~AR.IA Mt;$A; . Who on oath says that he or she is the LEGAL CL:ERK: legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of ~JTIPF.sQUTH MIAMI-RFPPVV2017-19 in the XXXx Court, was published in said newspaper in the issues of 08/25/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuQusly published in said MiamicDade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, FloridEl, for a period of one year next preceding the first public:a(iOi! of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any corporation any discount, rebate, commission securing this advertisement for (SEAL) MARIA MESA personally known to me 9/20/2017 Detail by Entity Name Department of State 1 Division of Corporations I Search Records 1 Detail By Document Number 1 Detail by Entity Name Florida Profit Corporation MAGGOLC, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event AMENDMENT Event Date Filed Event Effective Date Principal Address 11020 SW 55 STREET MIAMI, FL 33165 Mailing Address 11020 SW 55 STREET MIAMI, FL 33165 P05000085356 20-3345775 06/14/2005 FL ACTIVE NAME CHANGE 10/13/2005 NONE Registered Agent Name & Address GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 Officer/Director Detail Name & Address Title D GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 Annual Reports Report Year 2015 2016 2017 Filed Date 01/10/2015 01/23/2016 02/11/2017 DIVISION OF CORPORATIONS http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MAGGOLC...1/2 9/20/2017 Detail by Entity Name Document Images 02/11/2017 --ANNUAL REPORT View image in PDF format ----------~------------~ 01/23/2016 --ANNUAL REPORT View image in PDF format 01/10/2015 --ANNUAL REPORT View image in PDF format 01/12/2014 --ANNUAL REPORT View image in PDF format 01/26/2013 --ANNUAL REPORT View image in PDF format 01/06/2012 --ANNUAL REPORT View image in PDF format ------------------------~ 01/07/2011 --ANNUAL REPORT View image in PDF formal ----------~------------~ 01/0712010 --ANNUAL REPORT View image in PDF format 01/17/2009 --ANNUAL REPORT View image in PDF format 02/26/2008 --ANNUAL REPORT View image in PDF format 06/12/2007 --ANNUAL REPORT View image in PDF format ------------------------~ 03/21/2006 --ANNUAL REPORT View image in PDF format 10/13/2005 --Name Change View image in PDF format 06/14/2005 --Domestic Profit View image in PDF format flonda lJeparlmenL of State, DiVIsion of CorporatIons http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MAGGOLC... 2/2 2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P05000085356 Entity Name: MAGGOLC, INC. Current Principal Place of Business: 11020 SW 55 STREET MIAMI, FL 33165 Current Mailing Address: 11020 SW 55 STREET MIAMI, FL 33165 FEI Number: 20-3345775 Name and Address of Current Registered Agent: GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 US FILED Feb 11, 2017 Secretary of State CC0981343564 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: · Electronic Signature of Registered Agent Officer/Director Detail : Title Name Address D GONZALEZ, MARIO H 11020 SW 55 STREET City-State-Zip: MIAMI FL 33165 Date I hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARIO GONZALEZ PRESIDENT 02/11/2017 Electronic Signature of Signing Officer/Director Detail Date 1111' CITY 0/: r'UASANf !.IVING CITY OF SOUTH MIAMI Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets RFP PW2017-19 SUBMITTAL DUE DATE: September 8,2017 at 10 AM Solicitation Cover Letter 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" or "Invitation to Bid) 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 or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW20 17 -19 "Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (Exhibit I, Attachment A, B, & C) and Respondent's Cost and Technical Proposal, or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets," RFP #PW20 17 -19 the name of the Respondent person or entity responding to the Solicitation. 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 10:00 AM local time (the "Closing Date") on lOAM, September 8, 2017. A public opening will take place at 10:00 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 10:00 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. Hand delivery must be made Monday through Friday from 8 AM to 5 PM, unless a different time is provided above for the Closing Date, to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on September I, 2017 at 10:00 a.m. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation 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 Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other I than to one who provided the lowest Proposal Price or. if the Scope of the Work is divided into distinct subdivisions. to award each subdivision to a separate Respondent. Thomas F. Pepe 12/14/2016 2 Maria M. Menendez. CMC City Clerk City of South Miami SCOPE OF SERVICES and SCHEDULE OF VALUES Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW20 17·19 The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I, Attachments A, B, & C. Thomas F. Pepe 1211 4/20 16 END OF SECTION 3 SCHEDULE OF EVENTS Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68th Streets RFP #PW2017-19 No Event I Advertisement! Distribution of Solicitation & Cone of Silence begins 2 Non-Mandatory Pre-RFP Meeting 3 Deadline to Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit RFP Response 6 Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION Thomas F. Pepe 12/14/2016 4 Date* Time* (EST) 8/23/2017 4:00 PM 9/1/2017 10:00 AM 9/5/2017 10:00 AM 9/6/2017 10:00 AM 9/8/2017 10:00 AM 9119/2017 7:00AM INSTRUCTIONS for RESPONDENT Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW2017-19 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 SOLICITATION FORM. I. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. 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 Solicitation 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 Solicitation 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 Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of 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 (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 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. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 AM, September 5, 2017 2017 to the attention of Steven P. Kulick, Chief Procurement Officer at skulicl<@southmiamifl.gov or via facsimile at (305) 669-2636. Thomas F. Pepe 12/14/2016 5 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 Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail. e-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. II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence." in accordance with Section SA-7. of the City's Code of Ordinance. 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. including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance. Section SA-7. has been duplicated at the end of these instructions. 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 including but not limited to one that requests any of the following a proposal. qualifications. a letter of interest or a 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. "Lobbyist" means all persons (including officers and managers of a legal entity). firms. or legal entities such as a corporation. partnership or limited liability company. employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing. or soliciting business. for the principal) who seeks to encourage the passage. defeat. or modifications of (I), ordinance. resolution. action or decision of the City Commission; (2) any action. decision. recommendation of the City Manager or any City board or committee; or (3) any action. decision or recommendation of City personnel during the time period of the entire decision-making process on such action. decision or recommendation which foreseeably will be heard or reviewed by the City Commission. or a City board or committee. All firms and their agents who intend to submit. or who submitted. bids or responses for this Solicitation. 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 Solicitation. 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 or as otherwise provided for in the "City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however. the presentation team may avoid formal registration by complying with section SA-S (c) (9). of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations. if applicable. Anyone who submits a proposal. whether solicited or unsolicited. on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal. whether solicited or unsolicited. is considered to be a lobbyist. See section SA-S of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation 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 Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is. therefore. important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent. by making a Proposal. agrees to such modifications and to be bound by such modified documents. Thomas F. Pepe 12/14/2016 6 h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants 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. 16. Public Entity Crimes. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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 provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue 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 blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. 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 part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, 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. 18. Goods: If goods are to be provided pursuant to this Solicitation 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 therein 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 Thomas F. Pepe 12/14/2016 7 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 one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation 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/Bid Bond, if required for this Project. 20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. 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/Bid Bond, if required for this project, 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 Solicitation 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 Thomas F. Pepe 12114/2016 8 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/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 26. 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. 27. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 28. 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, and the entity that may be providing a source of funding for the Work, 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. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds shall be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond shall continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 28.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid 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/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation 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. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. Thomas F. Pepe 12/14/2016 9 31. 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. No change orders shall be allowed for delays caused by the City. other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a fully completed Bid Form found on EXHIBIT 3 and a Respondent's Cost and Technical Proposal. if any. which is a part of this Solicitation Package. 33. Cancellation of Bid Solicitation: The City reserves the right to cancel. in whole or part. any request for proposal when it is in the best interest of the City. 34. 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. 35. All respondents. at the time of bid opening. must have fulfilled all prior obligations and commitments to the City in order to have their bid considered. including all financial obligations. Prior to the acceptance of any bid proposal or quotation. the City's Finance Department shall certify that there are no outstanding fines. monies. fees. taxes. liens or other charges owed to the City by the Respondent. any of the Respondent's principal. partners. members or stockholders (collectively referred to as "Respondent Debtors"). A bid. proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 36. Bid Protest Procedure. See attached EXHIBIT 9. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee. the evaluation criteria is attached as EXHIBIT N/A. 38. Availability of Contract -Any Governmental or quaSi-governmental entity. in this or in any other state. or any federal governmental agency. may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein. when any federal. state. and/or local laws. rules. and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders. issue its own purchase orders. be invoiced there from and make its own payments. determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation. then the City. upon written notice to Successful Bidder or their assignee of such occurrence. shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee. warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms. conditions. wages. benefits. insurance coverage and any other material cost factors. If respondent's prices decline. or should respondent. at any time during the term of a contract entered into with City. provide the same goods or services with the same comparable quantities under similar terms. conditions. wages. benefits. insurance coverage and any other material cost factors. Respondent shall immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets. financial records. and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal. but submitted in a separate. sealed binder. designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information. the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition. the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly Thomas F. Pepe 12/14/2016 10 listed" confidential document}. The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions shall govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", shall mean the act of swearing or affirming under penalty of perjury that the facts that are being "certified" are true and correct and it shall be accomplished by swearing or affirming under oath before a notary public or pursuant to Florida Statutes, Section 92.525. Thomas F. Pepe 12/14/2016 END OF SECTION II CONE OF SILENCE ORDINANCE, SECTION 8A-7 Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68 th Streets RFP #PW2017-19 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. SA-7. Cone of Silence: (A) Definitions. ( I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFp"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (I) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; Thomas F. Pepe 12/14/2016 12 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. Thomas F. Pepe 12/14/2016 END OF SECTION 13 PROPOSAL SUBMITTAL CHECKLIST FORM Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW20 17-19 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 Solicitation. The response shall include the following items: Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. Proposal Package shall consist of one (I) original unbound X proposal. three (3) additional copies and one (I) digital (or comparable medium including Flash Drive. DVD or CD) copy X Schedule of Values, EXHIBIT I, Attachment B V X Indemnification and Insurance Documents EXHIBIT 2 X Construction Bid Form. EXHIBIT 3 V X Signed Contract Documents (All -including General Conditions ~ and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Performance and Payment Bonds (As a Condition Award. Not V required with Submittal.) EXHIBIT 7 & 8 X Respondents Qualification Statement V X List of Proposed Subcontractors and Principal Suppliers V X Non-Collusion Affidavit V X Public Entity Crimes and Conflicts of Interest J X Drug Free Workplace \,../ X Acknowledgement of Conformance with OSHA Standards V X Affidavit Concerning Federal & State Vendor Listings J X Related Party Transaction Verification Form V X Presentation Team Declaration! Affidavit of Representation 7 Submit this checklist along with your proposal indicating the completion and submission of each required forms and!or documents. Thomas F. Pepe 12/14/2016 END OF SECTION 14 RESPONDENT QUALIFICATION STATEMENT Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68th Streets RFP #PW2017-19 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years 7-6 In the past 5 years On Schedule -Z-cP b) In the past 10 years 3.S: In the past 10 years On Schedule 3~ 2. List the last five (5) completed similar proje.cts. 7 /) /, / ~ .J f7ol,crN.m" ~~ ~e.-J fr1d~~' J./,...JOtljdfu.-~/e5 Ow,,, N""" /vt't>----f) • .f...t!i w uv-hs Owner Address: (f! Vw ! ~ il1.~= Et ::J:J.1z.-g Thomas F. Pepe 12/14/2016 b) c) Owner Telephone: 30'.s---4-(/ r -9 z-z. 4- Original Contract Completion Time 2 AO ~ ( (Days): L ~J Original Contract Completion Date: oflz,3!/~ • Actual Final Contract Completion Date: cJ f I z,J (; f =rS-$-, :r ~ /' ;~ Original Contract Price: Actual Final Contract Price: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Original Contract Price: Actual Final Contract Price 15 ) Thomas F. Pepe 12/14/2016 d) e) Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: ////6/1,) I 7 A,,"~ FI",I Co","''' Completloo D.te, 2. t 'it It 7" Original Contract Price: \ -= i ~ S; 14 $, ~ < Mrs. Actual Final Contract Price: . . ~ L G .3 Z. , .. <7 9 c3. ($"~-~ ,¥GZB/4Z:1.~ Project Name: ~~~~"'" I-I-a ~-~e....-::t:~. ~.+t (f,E-~ Owner Address: 8300 ,() uJ S-3 biJ.7t-O\,;j F L "3::J I ~ ~ Owner Name: Owner Telephone: ""3 0 s--S-'1,J" ~ =1-40 O'~I",I Coo""t Completloo 11me le~rd~ ~::~~ COO"." Completloo D.te'ei¢ttz #S :;:. Cf ZS-'/;:;- Actual Final Contract Completion Date: / I ----~~~~--~~~=-~~---961 S-g <>, Original Contract Price: Actual Final Contract Price: 16 3. Current workload 4. The following information shall be attached to the proposal. /' a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. V'" c) Resumes of proposed key project personnel, including on-site Superintendent. ~ 5. List and describe any: a) b) c) Bank~ui?tcy pEjtitions filed by or against the Respondent or any predecessor organizations, IV (!;V.e" . Any arbitration or civil or criminal proceedings, or No"vf/ Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years /t/otV Il./ 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the P'" fl,e (5) Y""'· C / ' .11 _JJ/J. I n\ Thomas F. Pepe 12/14/2016 Name of Agency: ..s e e. f--a ~ ~ tJ.-C. ~ Address: Telephone No.: Contact Person: Type of Project: 17 Thomas F. Pepe 12/14/2016 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68th Streets RFP #PW20 17-19 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this the Cnnt."::Ic:t. Landscape Electrical Irrigation Paving Utilities Excavation Other: This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. Thomas F. Pepe 12/14/2016 END OF SECTION 19 .WiGLe-· ENGINEERING CONTRACTOR -LlC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor) Current Workload 1· FDOT· Districtwide (ADA) Push Button·Pedestrian Safety Improvement (Owner: FDOT- District 6 $981,885.00) (Executed 93 %) (Completion November 2017) (305-978-0090 - Marina Gershanovich) 2-Civil Works (Roadway, Drainage Projects and Repairs) (Owner: City of North Miami Beach $1,995,850) (Executed 28%) (Completion: September 2018) (305-957-3629-Lera Flowers) 3-Bird Ave Roadway and Drainage Improvements (Owner: City of Miami $1,468,493) (Executed 10 %) (Completion: July 2018) (305-416-1298-Keith Ng) 4-Westward Drive Bike Path (Owner: City of Miami Springs $1,130,230) (Executed 75 %) (Completion: November 2017) (305-805-5035-Tammy Romero) Mario Gonzalez Maggolc Inc. IPresident "G~· ENGINEERING CONTRACTOR -LlC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com OFFICE ORGANIZATIONAL CHART MAGGOLC INC. Prime Contractor Project Manager: Mario Gonzalez, BD Road Const. Engineer Gabriela Gonzalez Olga Leon, BD ""\ Esmildo Leon Office Manager & Human Road Const. Engineer Accounting Manager Resource. Construction Superintendent -Drainage -Asphalt "--Concrete .. c~· ENGINEERING CONTRACTOR -LlC: E·251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786·472·8831 maggolc@yahoo.com PROJECT ORGANIZATION CHART , ,,-:":~"'~'~;;'-,,'. ~""';":Y""~'t: J ,':" ,'''; ,I, 'MarlO :Gbnzalez, ;BD:' ·;~;~fl~~It~$;tl\?l~~t{&~ RESUME: MARIO GONZALEZ Engineering Contractor -Lic. E·251302 11020 SW 55 ST., Miami, FL 33165 Phone: 786·291·2949 Fax: 786·472·8831 maggolc@yahoo.com Superintendent/ Project Manager of Maggolc Inc. Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the fields of highway and railway design, construction, maintenance, and operations. EDUCATION: Instituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Mella", Santiago de Cuba, Cuba. Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United States. Universidad Central de Venezuela, Caracas, Venezuela. Degree: INGENIERO CIVIL (Civil Engineer), July 1997. CERTIFICATIONS: • TROXLER Electronics Lab· Nuclear Gauge Safety Training, (2001 & 2004) -FDOT -MUTCD/Maintenance of Traffic, Advance Level (2016) -ASPHALT PAVING TECHNICIAN -Levell (2004) -EARTHWORK CONSTRUCTION INSPECTION -Level 1 (2005) -ACI, Concrete Field Testing Technician-Grade 1. (2005) -FDOT Concrete Field Inspector Specifications. (2005) LICENSES: -General Engineering Contractor -General Building Contractor -Registered and Certificate State of Florida Undergraund Utilities Contractor. -Registered General Contractor State of Florida WORK EXPERIENCE: MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present). Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in Drainage Systems, Pavement and Concrete. Work Executed: -Subbasin F-l drainage Improvements (City of Dora!) 2017 -Busway Pedestrian Access Improv. 20150047 (Miami Dade County Transportation & PW) 2016 -Busway Pedestrian Access Improv. 20140140 (Miami Dade County Transportation & PW) 2016 -Sidewalk Improvements Multiple Sites (Miami Dade County Transportation & PW) 2016 -Metrorail Bike Path Improvements (M-Path) (Miami Dade Transit) 2016 -Drainage and Road Improvements Multiple Sites-20140177 (Miami Dade County PW) 2016 -Twin Lakes Drainage Improvements (City of South Miami) 2016 -Drainage and Road Improv. Multiple Sites-20140165 (Miami Dade County PW) 2015 -Sub-Basin 10 Paving & Drainage Improv. (Village of Palmetto Bay) 2015 -Drainage Improv. 13000 SW 60 ST (Village of Pinecrest) 2015 -Beacom Project Area Drainage and Road Improvements-Phase II (City of Miami) 2015 -NW 18 PL Draiange and Road Improvements (City of Miami) 2015 -Multiple Parks-ADA Improvements (Miami Dade Park & Rec Dep.) 2015 -Districtwide Minor Asphalt Repair (FDOT) 2014 -NW 11 ST from NW 27 Ave to 37 Ave Area Roadway Improv. (City of Miami) 2014 -Sunset Drive Downtown Median (City of South Miami) 2014 -Dorm Ave Drainage Improvements (City of South Miami) 2014 -Beacom Project Area Improvements-Phase I (City of Miami) 2013 -Wild Lime Park Parking Expansion and Concrete Walkway (Miami Dade Park & Rec Dep.) 2013 ' -Biscayne Island Drainage Improvements (City of Miami) 2013 -Sidewalk Improvements along SR AlAI Collins Ave @ SR 826 (FDOT) 2013 -SR 9 (NW 27 Ave) @NW79 ST Roadway Improvements (FDOT) 2013 -Friedland Manor Drainage Improvements (City of Florida City) 2013 -NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013 -1-1951 Julia Tuttle Bike Pathl Trail (FDOT) 2013 -ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013 -Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012 -Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012 -Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012 -SR 941 Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012 -FDOT LAP Roadway Improvements. (City of Sweetwater) 2012 -SW 64 Street Corridor Improv. (City of South Miami) 2012 -District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012 -Long Key State Park -Resurface Campground Road (Florida Dep. of Environmental Protection) 2012. -Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011. -SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011 -SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011. -Tamiami Canal Miccosukee Linear Park (Miami-Dade County, Park & Recreation Dep.) 2011. -District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -MIA NW 36 Street & 67 Ave Intersection Improvement (concrete) (Aviation Department M-D County) 2011 -MIA Building 3050 Parking Lot Improvements (Aviation Department M-D County) 2011 -District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion. (Village of Palmetto Bay) 2010 -Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010. -AD Barnes Park Asphalt Walkways .. (M-D County Park & Recreation) 2010. -Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010 -District I, Sidewalks Repair. (City of Miami). 2010 -Crandon Park,ADA Parking Space Striping and Signs. (M-D County Park & Recreation) 2010. -District II, Sidewalks Repair. (City of Miami). 2010 -Harbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 2010 -Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010 -Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt Resurfacing. (FDOT, District 6) 2009 -Country Club of Miami Park Concrete and Asphalt Walkway (Miami-Dade County, Park & Recreation Dep.) 2009. -Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009. -West Little River Improve Asphalt Driveways. (Miami-Dade County Office of Community and Economic Development) 2008. -West Perrine Park Concrete Slabs and Poured Safety Surface. (M-D C Park and Recreation) 2008 -Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008-2009, 2009-2010 and 2010-2011. -Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M-D County Public Work Dep.) 2008 -Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department) 2008 -Dolphin Archaeological Site Sidewalk Construction. (M-D County Park and Recreation) 2008. -Olympic Park Sidewalks Construction. (M-D County Park and Recreation) 2007 -Norman & Jean Reach Park Foul Ball Netting. (M-D County Park and Recreation) 2007 -Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M-D County Public Work Dep.). 2006, etc Others Places where Gonzalez was working: SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2007). Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami-Dade County Projects). -Allaphatta Phase I. -Hardwood Village Phase II. BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006). Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Concrete and Asphalt). -Okeechobee Road. (W 12 Ave to Palmetto Expwy) -Miami Garden Drive. (NW 2 Ave to NW 17 Ave.) -Biscayne Blvd. (NW 96 ST to NW 104 ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike (Griffin Rd to Sunrise Blvd). -A-1-A (Key West). MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 -May 2005). February 2004 to May 2005. Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami-Dade County Projects). Activities Included: Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and bedding material. Check the Contractor's compliance with all Maintenance of Traffic. Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc. Requirements: -Ensure the quality of the construction work, as per the Public Works Department Manual, FDOT Standards, and Project Contract Documents. -Ensure the full restoration of the project, including site cleanliness, swale grading, and sod placement. -Keep records of daily activities, daily production, site testing, and progress of the work. -Resolve complaints by residents resulting from construction activities. March 2001 to February 2004: Protect Engineer Project Engineer for the design, roadway restoration, and storm drainage systems improvement, Including independent sites and community. (DERMIFEMA Program administered by the Division of Recovery and Mitigation-DORM) in Miami-Dade County and City of Miami Storm Drainage Improvement Program). Working closely with Microstation and AutoCAD software. October 2000 to March 2001 and October 2002 to February 2003: Roadway Inspector. Surveying, inspecting and drawing sketches for roadway restoration projects in Q.N.I.P, Public Work Department of Miami-Dade County. Inspecting and supervising construction of asphalt patching, milling and resurfacing operations. ENGINEERING CONTRACTOR -LlC: E·251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786·472·8831 maggolc@yahoo.com MAGGOLC GOVERMENT REFERENCE LISTING 1) Company Name: Miami Dade County Public Works Department. Address:111 NW 1st ST 14 Floor, Miami, FL 33128 Contact Person: Joaquin Rabassa Telephone # 305-299 9822, 305-989 4943 jra@miamidade.gov 2) Company Name: Miami Dade Park & Recreation Department. Address:275 NW 2 nd Street, 4th Floor, Miami, FL 33128 Contact Person: Ruben Teurbe Tolon / Leroy Garcia Telephone # 3057555465 rttolon@miamidade.gov 3) Company Name: Office of Community & Economic Development M-D County Address:701 NW 1st CT 14 Floor Miami, FL 33136 Contact Person: Mario Berrios Telephone # 786 469 2112 mberr@miamidade.gov 4) Company Name: Florida Department of Transportation / Pinnacle Consulting Address:1773 NE 205 Street North Miami Beach, FL 33179 Contact Person: Roland Rodriguez Telephone # 305 640 7185 rrodriguez@pinnaclecei.com 5) Company Name: City of Miami Gardens Address: 1050 NW 163 Dr Miami Gardens, FL 33169 Contact Person: Osdel Larrea Telephone # 305-6228000 Ext. 3107 olarrea@miamigardens-fl.gov 6) Company Name: City of Miami Address:444 SW 2 nd Ave, 8 Floor, Miami FL 33130 Contact Person: Fabiola Dubuisson Telephone # 305 416 1755 fdubuisson@miamigov.com 7) Company Name: City of North Miami Address:776 NE 125 Street, North Miami, FL 33161 Contact Person: Gerardo Hernandez Telephone # 3058959831 ghernandez@northmiamifl.gov 8) Company Name: Village of Key Biscayne Address:88 West Mcintyre Street, Suite 220 Key Biscayne, FL 33149 Contact Person: Armando Nunez Telephone # 305 365 7574 anunez@keybiscayne.fl.gov 9) Company Name: City of Coral Gables Address:2800 SW 72 Ave Miami, FL 33155 Contact Person: Ernesto Pino Telephone # 305 926 2784 epino@coralgables.com 10) Company Name: City of Miami -Capital Improvement Program Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130 Contact Person: Maurice Hardie Telephone # 786-229 5463 mhardie@miamigov.com 11) Company Name: Stantec Address: 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Contact Person: Sean Compel Telephone # 305-445 2900 Ext. 2230, 786-5020770 sean.compel@stantec.com 12)Company Name: Village of Pinecrest Address: 10800 Red Road, Pinecrest, FL 33156 Contact Person: Mark Spanioli Telephone # 305-669 6916 mspanioli@pinecrest-fl.gov 13)Company Name: City of Florida City Address: 404 West Palm Dr. Florida City, FL 33034 Contact Person: Richard Stauts Telephone # 305 247 8221 /305772 1157 richard.stauts@floridacityfl.gov 14)Company Name: City of South Miami Address: 6130 Sunset Drive South Miami 33143 Contact Person: Grizel Martinez PE Telephone # 305-403 2063 gmartinez@southmiamifl.gov 15)Company Name: City of Miami -Capital Improvement Program Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130 Contact Person: Robert Fenton Telephone # 786-263-2133 rfenton@miamigov.com 16)Company N.ame: Miami Dade County Transportation & Public Works Department. Address:111 NW 1st ST 14 Floor, Miami, FL 33128 Contact Person: Mercedes Barreras Telephone # 786-222-9912 barrem@miamidade.gov 17)Company Name: Village of Palmetto Bay -Public Works Department. Address: 9495 SW 180 Street, Palmetto Bay, FL 33157 Contact Person: Danny Casals Telephone # 305-969-5011 dcasals@palmettobay-fl.gov.gov 18)Company Name: City of Doral -Public Works Department. Address: 8300 NW 53 Street Suite 100, Dora I FL 33166 Contact Person: Carlos Arroyo Telephone # 305-593-6740 Ext. 6009 carlos.arroyo@cityofdoral.com STATE OF FLORIDA COUNTY OF MIAMI-DADE J..{a Y'fO NON COLLUSION AFFIDAVIT ) ) ) Go t<J ~ e...-. ~ing first duly sworn, deposes and states that: (I) ~ShelThey is/are the ___ CJ~_W __ ",J __ .e-y-----= _____________ _ (0r(;."oe" Offiooc:;e,e0il: :t) of attached prW the Respondent that has submitted the (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 agreeme on the R of the Respondent or any other of its agents, representatives, owners, employees or arti s of i er st, including this affiant. Signed, seale a d delivered in the presence of: ( _ !-( ~ '0 ~ ~ _ __ c:. ... ~/J .-Ll. By: _--J'-/;-+-____ F-_-v_~_-t---=-_~____' Signatur Witne s Date 7 7 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the I q day of ~e:pf. , 20~, before me, the undersigned Notary Public of the State of Flori '7i p.Kr~onally~~ear.ed (~aJl1~(S) of individual(s) who appeared before notary) ff I<..{ 0 (?tv U ),/t [.,b Z. and whose name(s) is/are Subscribed to the within ;""umeo" "d he/,he/they "koowledge that he/'hefthey exeouted ;t. D -}!-0 WITNESS my hood "d offidal ,.al. ~.M:!: ~} Thomas F. Pepe 12/14/2016 20 NOTARY PUBLIC: SEAL OF OFFICE: Thomas F. Pepe '12/14/2016 RebeC8 Gutierrez NOTARV PUBLIC ~STATe OF FLORIDA ~~'fPI{.--Cornm# GG059603 • OE ".: Expires 1/4/2021 21 Notary Public, State of Florida 1<6fb6tA ()r tX I ~I2Lt?. (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or / Personal identification: ~ 1)12. LIe-I C-rS~ -sl//)-(?~-t1J-)' Type of Identification Produced Did take an oath, or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work. may not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a RESPONDENT. Sub-contractor. supplier. Sub-consultant. or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 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. bY-L~ __________ ~ ____________ -' ____ r-~ __ ~~ ________________ __ [print individual's name and title] .--r; fur ____________________________ ~~~~~~~----~------1---~ LA-__ ~~~_.~ __ ___ whose business address is II cJ d-t:) -~ .s-s-d 6li ~ « \f= in< -:J, -::J,. ( u, S-.::t S'" and (if applicable) its Federal Employer Identification ~umber (FEIN) is -z.o -"3:;4: 5" ji the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: -----------------------------------------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g). Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including. but not limited to • any bid. proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud. theft. bribery. collusion. racketeering. conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b). Florida Statutes. means a finding of gUilt or a conviction of a public entity crime. with or without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a). Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (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 Thomas F. Pepe 12114/2016 22 5. 6. convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 7:ased n information and belief, the statement which I have marked below is true in relation to the entity submi ng 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 I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 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, AN THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT I IL D. I A 0 UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERI IN 0 A ON RACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORID STA TES, 0 CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this _---'-,_q.L-_ day of -----Io~'9",7--=---c...:.='--""----' 20 117. Personally known ___________ _ OR Produced identification ____ / ____ _ Notary Public -State of My commission expires I llf //)1) ~ I (Printed, typed or stamped co'mmissioned tL DL L-Jti/ Grs#-Slfo-fRJ-113-) (Type of identification) Form PUR 7068 (Rev.06/11/92) Thomas F. Pepe 12/14/2016 23 name of notary public) ~ Rebeca Gutierrez NOTARY PUBLIC ~STATE OF FLORIDA .,-"""",.,.,. ... comm# GG059603 Expires 1/4/2021 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of gUilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good t: . h ffort c ntinue to maintain a drug-free workplace through implementation of this sectio . As the person authorized to t, I certify that this firm complies fully with the above requirements. Pri nt Name: -I---""'g~"-'--..L-""':""''''''-_---'""",,,,'--__ --==------>'---'=---__ Date: ___ -.~~~~~~------------- Thomas F. Pepe 12/14/2016 24 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, . I Ia rIJ n A ~ ::t:Lt C: (Name of CONTRACTOR), hereby acknowledge and agree that as CON~ Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68 th Streets as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and SRS Engineering, Inc., (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): x6 &:~~C#C Thomas F. Pepe 12114/2016 25 Witness AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: httg:!lwww.dms.myflorida.comlbusiness ogerations/state gurchasing/vendor informationlconvicted susp ended discriminatory complaints vendor lists , .,...DEC~RA;r)ION UNDER PENALTY OF PERJURY I, CfYld C;t tit<) ~~er referred to as the "Declarant") st e, under penalty of perjury, that the folio ing statements are true and correct: , G f) / -+t _ (I) I represent the Respondent whose name is tl nO ()U Z~ t:l. ~ ("C-..J-~ C , (2) I have the following relationship with the Respondent (Owner Of Respondent is a sole proprietor), President (if Respondent is a corporation) P~rtner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myfJorida.com/business_operations/state _pu rchasi ng/vendor _informationl convicted_ suspended_ di scriminatory_complaints_vendor Jists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List . f) FURTHER DECLARANT SAYETH NOT. t4 z.-..d--f e.. ~ By: --f---f--+J~r------ (~lgnatu ACKNOWLEDGEMEN~ STATE OF FLORIDA ) COUNTY OF MIAMI·DADE ) VJ day of ~e'PttMtber: 20~, before me, the undersigned authority, personally appeared 11 /At -z, who is personally know to me or who provided the following identification J ,D and who took an oath or affirmed at that he/she/they' executed the foregoing Affidavit as the Declarant. C-f ~J, t/ -I"" 0 -V z, -J. q.5. J- WITNESS my hand and official seal. NOTARY PUBLIC: SEAL I) Rebeca Gutierrez NOTARY PUBLIC ~ ~STATE OF FLORIDA • .~ comm# GG059603 Thomas F. Pepe 12/14/2016 " Expires 1/4/2021 26 Notary Public, ate of Florida t~liftA~~ (Name of Notary Public: Print, Stamp or type as commissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM I 4If Yr {j G C'\.-l u/. '1";lIv;;;""Y'"d 0" beh,'f of a Lv A c-. ("Firm ') have Name of Representative CompanylVendor/Entity read the City of S uth lami 'City")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or wpny, )'son or agency acting for the city, other than as follows: _ (if necessary, use a s parate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members·(i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your, F.i[m Id jhe City other than the following individuals whose interest is set forth following their names: ---:-_tV_-r_-=:--A-'_:-:-_--:---::-___ --:-_--::-:------::--_-:----:- (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an int rest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional infor~ation that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commissio a ency of the City within the past two years other than as follows: (if Thomas F. Pepe 12/14/2016 27 necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commiss'on; I) any city employee; or (iii) any member of any board or agency of the City other than as follows: _---'-----'----J'--"-'-_______________ (if necessary, use a separate sheet to supply additional informati that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any- of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brot -rs and sisters) have also responded, other than the following: --+ .......... -r-4-"'---------___ --_:__-.--------______ -----(if necessary, se a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship' of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action b e Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a II gent 0 t to investigate the matters to which I am attesting hereinabove and that the statements made here' ab ve a e u nd correct to the best of my knowledge, information and belief. Signature: , I /f n"'C-A A /) ... i IP ~ ~ -~ Print Name & Ti . ---.I~t-.+--,ti",-,---,---,r~(/~---"L2J>.c<:::::........::v,---.... -'-l_~.:...:....::.......:::: (,./, Dote, yr q / r ::y Thomas F. Pepe 12/14/2016 28 Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example. and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals. boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk. the city manager. department heads. the city attorney. and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money. gift. favor. thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership. directly or indirectly. of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. partnership. or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse. parents. children. brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid. a proposal in response to a Solicitation. a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest. direct or indirect with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes. special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering. or registered land surveying. as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. Thomas F. Pepe 12/14/2016 29 No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm. corporation. partnership or business entity in which that person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer. director. partner. of counsel. consultant. employee. fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan. travel. entertainment. hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6). or for any person included in the terms defined in paragraphs (b)(l) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public ~oo; . b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity. having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112. Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest. and should the corporation. firm. partnership or business entity have substantial business commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position. nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city. nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. Thomas F. Pepe 1211412016 30 No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city. except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person. firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(l) through (6) or a member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift. directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional Thomas F. Pepe 12/14/2016 31 or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I). (5) and (6) shall. for a period of two years after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding. application. Solicitation. RFQ. bid. request for ruling or other determination. contract. claim. controversy. charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this cOl)flict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person. may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2. 3-2-99) Editor's note-Ord. No. 6-99-16S0. § I. adopted 3-2-99. repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and 8A-2 pertained to declaration of policy and definitions. respectively. and derived from Ord. No. 634. §§ I (I A-I). I (I A-2) adopted Jan. II. 1969. Thomas F. Pepe 12/14/2016 32 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registrationJees. ~ . ,r ou~a.f~ V Pursuant to '92.525(2), Florida Statutes, the underSigned,OrltJ III , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. - For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part ofthe procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entit 'sted below. ¥J-~L:r __ '-~'---"'L...:....--:;'----'Io...L... __ ~F~~ of entity b Thomas F. Pepe 12/14/2016 END OF SECTION 33 NOTICE OF AWARD Drainage Improvement Project (or SW 65 th Avenue & SW 60th & 68th Streets RFP #PW2017-19 The City has considered the Proposal submitted by your firm for the Drainage Improvement Project for SW 65th Avenue & SW 60th & 68th Streets in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets in the amount of $ , broken down as follows: Lump Sum Proposal: Alternates: You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY shall have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: __________________________ __ Steven Alexander City Manager Dated this __ day of ________ , 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ____________________________ _ On this the ___ day of __________ " 20 __ . BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. Thomas F. Pepe 12/14/2016 END OF SECTION 34 NOTICE TO PROCEED PUBLIC CONSTRUCTION CONTRACT Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW20 17-19 TO: DATE: PROJECT DESCRIPTION: Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets in accordance with Plans and specifications. if any. as may be prepared in whole or in part by CONSULTANT. referenced in the Supplementary Conditions and Contract Documents. You are hereby notified to commence Work in accordance with the Contract dated • on or before You are to complete the work within 45 calendar days. The date of completion of all Work is therefore 20 City of South Miami BY: ____________________ _ (print name) City Manager. or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by _____________ _ on this ____ day of _______ • 20 __ . BY: TITLE: ___________________ _ Thomas F. Pepe 12/14/2016 END OF SECTION 35 EXHIBIT #1 SCOPE OF SERVICES Attachment A Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW2017-19 Scope of Services & Schedule of Values/Summary of Quantities I. General Requirements: The work specified in this Request for Proposal (RFP) shall consist of furnishing all goods, materials, supplies and services to perform the work described in this RFP. The work is to be performed per specifications and the contract documents. This includes, but is not limited to the furnishing all labor of Contractor and the labor of all allowable subcontractors, and cost of disposal of materials as well as all necessary machinery, tools, transportation, equipment rental and permits, to perform all of the Work described in this RFP and which is necessary to provide a completed project that meets all of the needs described in this Scope of Services. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees from other government entities, if required, shall be the responsibility of the Respondent/Contractor however, in all cases; it is the responsibility of Respondents/Contractors to secure any and all permits that may be required for this project. The work associated with this project should be reflected in the Respondents proposal and "Schedule of Values," Exhibit I, "Scope of Services," Attachment B. II. Scope of Work: Scope of work involves excavation, replacement of existing drainage pipe, pavement restoration at Location I and removal of stamped concrete driveway, removal of existing drainage system, furnishing and installing drainage inlet, construction of exfiltration trench, restoration of stamped concrete driveway, stabilization of earth with sod at Location 2. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday. III. Site Location: The project is located at the intersection of S.W. 65th Ave and S.W. 68th Street in South Miami, Florida at Location I and the intersection of S.W. 65th Ave and S.W. 60th Street at Location 2. Both sites are located within Section 25 Township 54S Range 40E. Refer to "Site Locations & Plans" Exhibit I, "Scope of Services," Attachment c. Thomas F. Pepe 12/14/2016 36 IV. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the limits defined by the site plan. WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES," EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE GENERAL CONTRACTOR BASED ON THE LUMP SUM AMOUNT SUBMITTED. V. Plans and Specifications: Please refer to the CONSTRUCTION DRAWINGS provided in this package, "Site Location & Plans," Exhibit I, "Scope of Services," Attachment C. VI. Project Duration: The complete construction of the project is 45 calendar days from notice to proceed. VII. Warranty: If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer before final payment is made. NOTE: A Performance and Payment Bond is required for the full amount of the project Thomas F. Pepe 12114/2016 END OF SECTION 37 EXHIBIT #1 SCOPE OF SERVICES Attachment B SCHEDULE OF VALUES Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW2017·19 "SCHEDULE OF VALUES" WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE GENERAL CONTRACTOR BASED ON THE LUMP SUM AMOUNT SUBMITTED. NOTE: FAILURE TO COMPLETE THE ftSCHEDULE OF VALUES" IN ITS ENTIRITEY WILL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE. Thomas F. Pepe 12/14/2016 38 1 2 SCHEDULE OF VALUES Drainage Improvement Project for SW 65 th Avenue & SW 60 th & 68 th Streets RFP #PW2017-19 Mobilization, Maintenance of Traffic, General Conditio etc. 1 LS Saw Cut existing pavement, Remove existing pipe, Install 10 LF of 15" RCP, Backfill and Pavement restoration 1 NOTE: FAILURE TO COMPLETE THE "SCHEDULE OF VALUES" IN ITS ENTIRITEY WILL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE. Thomas F. Pepe 12/14/2016 39 EXHIBIT 2 Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets RFP #PW20 17·19 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard Thomas F. Pepe 12/14/2016 45 (d) Explosion. Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage liability. Business Automobile Liability with minimum limits of One Million Dollars ($1.000.000.00) plus an additional One Million Dollar ($1.000.000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy. without restrictive endorsements. as filed by with the state of Florida. and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements. other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure. the CONTRACTOR shall maintain. with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage. while in the course of construction. including foundations. additions. attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery. if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must. at all times. be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR. as their interest may appear. and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract. the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change. or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY. either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable. shall expressly prOVide that such policy or policies are primary over any other collectible 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 as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work. the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance. acceptable to the CITY. as well as the insurance binder. if one is issued. the insurance policy. including the declaration page and all applicable endorsements and provide the name. address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide. latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at its sale discretion. to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition. the FIRM shall deliver. at the time of delivery of the insurance certificate. the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 12/14/2016 46 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury". 'property damage'. or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail. with proof of delivery to the City." E. If the FIRM is providing professional services. such as would be provided by an architect. engineer. attorney. or accountant. to name a few. then in such event and in addition to the above requirements. the FIRM shall also provide 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 FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents. representatives. Sub Contractors or assigns. or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However. the FIRM may purchase Specific Project Professional Liability Insurance. in the amount and under the terms specified above. which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole. absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries. damages. or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify. defend. save and hold CITY. its officers. affiliates. employees. successors and assigns. harmless from any and all damages. claims. liability. losses. claims. demands. suits. fines. judgments or cost and expenses. including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to. during o~ following any litigation. mediation. arbitration and at all appellate levels. which may be suffered by. or accrued against. charged to or recoverable from the City of South Miami. its officers. affiliates. employees. successors and assigns. by reason of any causes of actions or claim of any kind or nature. including claims for injury to. or death of any person or persons and for the loss or damage to any property arising out of a negligent error. omission. misconduct. or any gross negligence. intentional act or harmful conduct of the Contractor. its contractor/subcontractor or any of their officers. directors. agents. representatives. employees. or assigns. or anyone acting through or on behalf of any of them. arising out of this Agreement. incident to it. or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims. losses and expenses of any kind or nature whatsoever. in connection therewith. including the expense or loss of the CITY and/or its affected officers. affiliates. employees. successors and assigns. including their attorney's fees. in the defense of any action in law or equity brought against them and arising from the negligent error. omission. or act of the Contractor. its Sub-Contractor or any of their agents. representatives. employees. or assigns. and/or arising out of. or incident to. this Agreement. or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates. employees. successors and assigns shall 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. its contractor/subcontractor or any of their agents. representatives. employees. or assigns. or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing. approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor. its contractor/subcontractor or any of their agents. representatives. employees. or assigns. or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami. which approval will not be unreasonably withheld. Thomas F. Pepe 12114/2016 47 F. However. as to design professional contracts. and pursuant to Section 725.08 (I). Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus. the design professional's obligations as to the City and its agencies. as well as to its officers and employees. is to indemnify and hold them harmless from liabilities. damages. losses. and costs. including. but not limited to. reasonable attorneys' fees. to the extent caused by the negligence. recklessness. or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 12/14/2016 END OF SECTION 48 EXHIBIT 3 Drainage Improvement Project for SW 65 th Avenue & SW 60th & 68th Streets RFP #PW2017-19 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. a. b. c. In submitting this Proposal, Respondent represents that: Respondent has examined copies 'of all the Solicitation Documents an9 of th~ following Addenda, if any (receipt of all which is beyby acknowledged.) B I.'Z--9 ~ I =r J.(o. '1/6 {Ir Addendum No. No. ' z... i Dated: / . Ald. '3 Cf {':!J 19' Respondent has familiarized himself with the nature and extent of the Cont ct Documents, the proposec:l 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. Subsurface conditions: If applicable to this Solicitation, 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 this paragraph 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. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, shall not be entitled to a change order for any such condition discovered thereafter. 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. Thomas F. Pepe 1211412016 49 d. e. 4. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions 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 unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, 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. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 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. If this Solicitation requires the completion of a Cost and Technical Proposal as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to this Construction Bid Form and will take the place of the Lump Sum Price, otherwise; the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: --z-4-.:z::r.s-dollars and / S-cents Alternates: #1 8, S?JO: dlJ #2 /5:.:r =rs: /..5 > , A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within 4S calendar days from the commencement date set forth 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 may be set forth in the Contract. 6. Insert the following ;nf,mation for future communication with you concerning this Proposal: RESPONDENT, /L1 ~~O Lc-~ ~~ t ~~I~P~~~" ~$l:P:;'F!!{'lf!j ~. g~ 17=.-3316S- F'''lmHe -:;..:r -.4 c;-?> !? I Contact Person ~ _tt ,., {/ ra::o;; _ ~ z..,.....=--/AAa. {f-p(; &--ra. tu;o.. ~ 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 Solicitation Package. Thomas F. Pepe 12/14/2016 50 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Construction Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS Title Thomas F. Pepe 12/14/2016 I r DAY OF rized to Submit Proposal -=r8tf -Zq r -z"q 4-CJ Telephone Nun}b~ -:::r!3w -4 +-Z..--g g <3/ Fax Number / / lAA.~iifs0l.-C ~ Y a fA..DtJ r ~ Email A d ss END OF SECTION 51 THE CITY OF PI.EASANr LIVING ADDENDUM No. #1 Project Name: Drainage Improvement Project RFP NO. PW2017-19 Date: August 29, 2017 Sent: Fax/E-maillwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. QUESTION #1: Can you please provide me the Engineer's Estimate? RESPONSE: The City's Adopted Budget for FY 2017 includes the following budget amounts for the project locations identified in the RFP: ,',"'J'.,::'/> -,.: ... ; .......... ,:., ·.:<:·'r,:' ::"', ','..... .:' ~W;6~:Sr::~:~W65.AVE'~J?:es@1~~hd •. C()n$ttlJctI9n,< :,'<i<,~,.' 'i,',; ";,.',;':':".';';'.,h>.',::,<.;i:"', "::'"," ;". ' . . ; ,>"::' .'::":" " ' .. ,' .... , ,i,"'" I;':,:' ," '; ;,,' ,- , SW:.60ST&SW65 AVE ~Designand ConstrlJction ..•... '. . .;.' . ", , QUESTION #2: $15,000 $85,000 $10,000 $75,000 Please let us know if there is any water main crossing the existing drainage; (15" concrete pipe drainage). RESPONSE: Based on the utility information obtained during the design phase, no watermain ~ithin the scope of work at SW 65 th and SW 60 th Street. Unfortunately, after several att mPFs, not all utilities have not responded. The Enginee~,:: ~:~~rd is continuing to CC re re po s~:~ , , the involved utilities however, there is a suspicion that an AT&T line running within this location has not been successful obtaining information from the utility. Please be advised, the contractor is responsible to have all utilities located prior to excavation and bring to the attention to the City and the Engineer of Record any conflicts between the plans and the site conditions. QUESTION #3: Do we need to clean the existing pipe and structure; drawing with arrow pointing at the location ;s attached to Addendum No. I. RESPONSE: The City has just had the lines cleaned. The contractor will be responsible to clean any pipes that were affected by the construction. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2of2 THE CITY OF PlE/lSANT LIVING ADDENDUM No. ~ 'Z-' ~.G. , Project Name: Drainage Improvement Project RFP NO. PW2017-19 Date: September 6, 2017 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. NOTE: CHANGE TO THE SCHEDULE OF EVENTS THE DUE DATE FOR THE RFP IS EXTENDED TO WEDNESDAY, SEPETMBER, 13,2017 AT 10:00 AM IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 \ , Sout~iami THF. CITY OF PI.EASANT LIVING ADDENDUM No. #3 Project Name: Drainage Improvement Project RFP NO. PW2017-19 Date: September 13. 2017 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify. supplement and/or modify the previously issued Solicitation. and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. NOTE: CHANGE TO THE SCHEDULE OF EVENTS DUE TO THE IMAPCT OF HURRICANE IRMA ON THE SOUTH FLORIDA AREA, THE RFP IS EXTENDED TO TUESDAY, SEPETMBER, 19,2017 AT 10:00 AM. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 • ; , 009355 ----.------------------~ Local Business Tax Receipt . Miami-Dade County, State of Florida ··THIS IS Nor A 61ll. -DO NOl'PAV 5684064 SUSINESS NAME/l.OcATION MAGGOlCfNC 11020 SW 55 ST MIAMI F1..33J65 OWNER MAGGOlC INC ·Worker(s) RECafltY'NO. ftENEWAL 5928487 EXP.lRES SEPTEMBER 30, 2018 . .' ,. ," . Must be displayed at place of business Pursuant to County Code Cfiaptar 8A.;.. Art. 9:& 10 .. SEC. TYPe OF BUSINIESS . 196 SPEC1AlTY ENGINEERING CONTRACrPAVMENT RECEIVED BY TAX COLLECTOR E251302 . $75.00 07/15/2011 CREDITCARD-17-04789() rbi, local Businesa Tax Receipt only cOnfirms paymeatofdlt Local BlIliimIss Tax. The Receipt is not a licanse, permi!.or a certification olthe holde(squalificatiollS,tGdo 8usiness. Halder must comply with any governmental 1Ir iiongovernmental regulatory laws and rsquirementsWhich apply to 1111 IIlisiRIss. The RECEIPT NO. above must be lIisplayed oneil commercial ,ebicles-Miamj,.Dade Code Sec 8a-276. For more information, visit www.miami!fa4a.gov/taxcollacNr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET MIAMI FL 33165 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. (850) 487-1395 Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! I~ C'ERTIFI~D ~nder'ttie pf~~j~lOnS of Ch.489, FS. ~~ticiQdatel~uq~l!~O:1.~·,: ., " tfo,063 00QOIQ71 DETACH HERE RICK scon, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD r''iam'h'W;!i;~ CUC1224888 The UNDERGROUND UTILITY & EXCAVATION CO " Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET MIAMI FL 33165' ISSUED: 06/30/2016 DISPLAY AS REQUIRED BY LAW SEQ # L 1606300001071 ,. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET MIAMI FL 33165 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE (850) 487-1395 RICK scon, GOVERNOR MATILDE MILLER, INTERIM SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION 'INDUSTRY LICENSING BOARO The GENERAL CONTRACTOR Named be.low HAS REGISTERE.D Under theprQvfsions of Chapter 489 FS. -.:,...,". '.' . '. . : -.,... , . Expiration date: AUG 31, 2019.:... .... (INDIVIDUAL MUST MEET ALL LQCJ\L:UC'E,NSING REQUIREMENTS PRIOR TO QqNl"RACTIN.8IN ANY AREA) GONZALEZ, MARIO H MAGGOLC INC 11020 SW55TH STREET MIAMI . Ft33165 ISSUED: 06/14/2017 " \. DISPLAY AS REQUIRED BY LAW I SEQ # L 1706140000504