LCCI RFP PW2016-19 8.26.16SCOPE OF SERVICES and SCHEDULE OF VALUES
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
The Scope of Services and the Schedule of Values, if any, are set forth in the attached
EXHIBIT I, Attachment A and Attachment B.
Thomas F. Pepe
12/10/2015
END OF SECTION
„2
SCHEDULE OF EVENTS
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
No
Event
Date*
Time*
(EST)
I
Advertisement/ Distribution of Solicitation & Cone of Silence
begins
8/3/2016
11:00 AM
2
Non - Mandatory Pre -RFP Meeting
8/12/2016
10:00 AM
3
Deadline to Submit Questions
8/17/2016
10:00 AM
4
Deadline to City Responses to Questions
8/22/2016
10:00 AM
5
Deadline to Submit RFP Response
8/26/2016
10:00 AM
6
Projected Announcement of selected Contractor /Cone of Silence
ends
9/6/2016
7:00 PM
END OF SECTION
Thomas F. Pepe
12/10/2015
INSTRUCTIONS for RESPONDENT
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -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
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.
Thomas F. Pepe
12/10/2015
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10
AM, August 17, 2016 to the attention of Steven P. Kulick at skulick(cDsouthmiamifl.Eov or via
facsimile at (305) 663 -6346.
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.
11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,"
in accordance with Miami -Dade County Ordinance Nos. 98106 and 99 -1. From the time of advertising until
the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's
professional staff, including the City Manager and his staff. All written communication must comply with the
requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre -
proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly
noticed public meeting, public presentations made to the City Commission during any duly notice public
meeting, contract negotiations with the staff following the City Manager's written recommendation for the
award of the contract, or communications in writing at any time with any City employee, official or member of
the City Commission unless specifically prohibited. A copy of all written communications must be
contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with
the City Manager's Administrative Order AO I - I S. If a copy is not attached, please request a copy from the
City's Procurement Division.
WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN
COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI -
DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S
RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE
OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL
WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW.
THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS
COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND
WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to...
(1) Duly noticed site visits to determine the competency of bidders regarding a particular bid
during the time period between the opening of bids and the time that the City Manager
makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami -Dade County
Administrative Order 3 -2;
(3) Communications regarding a particular solicitation between any person and the
procurement agent or contracting officer responsible for administering the procurement
process for such solicitation, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding solicitation document, and
(4) Communications regarding a particular solicitation between the procurement agent or
contracting officer, or their designated secretarial /clerical staff responsible for administering
the procurement process for such solicitation and a member of the selection committee,
provided the communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document."
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.
Thomas F. Pepe
12/10/201S
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13. Lobbying. 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.
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.
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 of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub - contractor, supplier, sub - consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. 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.
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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 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.
Thomas F. Pepe
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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. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit Solicitation on leases of real property to a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of
36 months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal /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
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.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, 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.
30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, 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
Thomas F. Pepe
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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.
30.1. 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.
30.2. 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.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
30.4. 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.
30.5. 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.
30.6. 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.
31. 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.
32. 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.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Construction Bid Form found on EXHIBIT 3 which is a part of this Solicitation Package.
35. 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.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
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37. 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.
38. Bid Protest Procedure. See attached EXHIBIT 9
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as N /A.
Thomas F. Pepe
12/10/2015
END OF SECTION
10
Proposal Submittal Checklist Form
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -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:
X Indemnification and Insurance Documents EXHIBIT
X Construction Bid Form EXHIBIT 3
X Signed Contract Documents (All — including General Conditions
and Supplementary Conditions if attached) EXHIBIT 4, S, &6
X Performance and Payment Bonds (As a Condition Award. Not
required with Submittal.) EXHIBIT 7 & 8
X Respondents Qualification Statement
X List of Proposed Subcontractors and Principal Suppliers
X Non - Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration /Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and /or documents.
END OF SECTION
Thomas F. Pepe
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RESPONDENT QUALIFICATION STATEMENT
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -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
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last three (3) completed similar projects.
a) Project Name:
I
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100% - 16FTiin
Owner Address:
2 6 STecr.-r .c"Ama UP �
Owner Telephone: 9 �j (� (g IQ> `� 3
Original Contract Completion Time
(Days): llcc
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
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Project Name: 'SOS QJE �6jjN CMG M,(�iprn�r>�j
Owner Name: , �. p N �, E S
Owner Address: -, � , �QO QQ ijL�Q? ®i N O �6 VAI TQ i c'"r
Owner Telephone: � 4 b $U
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
12
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C) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
E g Qt-� O
d1 r�
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
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4. The following information shall be attached to the proposal.
a) RESPONDENT'S home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on -site Superintendent.
5. List and describe any:
Thomas F. Pepe
12/10/2015
13
Project Name
Rug 006h.4 to � W�
Owner Name
Telephone Number
Contract Price
4. The following information shall be attached to the proposal.
a) RESPONDENT'S home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on -site Superintendent.
5. List and describe any:
Thomas F. Pepe
12/10/2015
13
a) Bankruptcy petitions filed by_qr ag�inst the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, N,N,6
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years W a 1 j,6
6. Government References:
List other Government Agencies or Quasi- Government Agencies for which you have done business
within the past five (5) years.
Name of Agency:
Address: S � . CM V%-�h C S.
Telephone No.: 9s y (=� $(j 303 7
Contact Person: K (c, V is N kJ PuaN \ - C
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
IT n
isfeieT
N
°m4 cts^-*`3d4;�
Sa ia'vw0.
Type of Project: () &' co,
% G.
Name of Agency: Sbp \
Address: G p
Telephone No.: 1 Ci6('. ^7 7 '�) 8 ` `35
Contact Person:
Type of Project:
Thomas F. Pepe
12/10/2015
14
�l_ 6 k%Z. I \ .
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to
be used on this project if they are awarded the Contract.
I his list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening.
END OF SECTION
Thomas F. Pepe
12/10/2015
15
Subcontractor Classification of Work Address
Email
Landscape
Sodding and Turf Work
Electrical
Irrigation
Paving
S' p V'�%lttLN
SVJO�
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
I his list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening.
END OF SECTION
Thomas F. Pepe
12/10/2015
15
%1 17 LAW and whose name(s) is /are Subscribed to the within
instrument, and he /she /they acknowledge that he /she /they executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Notary Public, State of Florida
0
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
DEBRA MOORE
y pr, Notary Public, Slate o} Florid® Personal identification:
= Commission# FF 136043
My comm expires A ila, 28, 301 Ei
Type of Id tification Produced
Did take an oath, or
Thomas F. Pepe
12/10/2015
17
Did Not take an oath.
%
)
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA }
COUNTY OF MIAMI -DADS
f o hm, , 1, (� being first duly sworn, deposes and states that:
(1) He /She /They is /are the t" ' L c"i (g,
(Owner, Partner, Officer, Representative or Agent) of
.'��' t LIZ), the Respondent that has submitted the
attach ed Proposal;
(2) He /She /They is /are fully informed concerning the preparation and contents of the attached Proposal
' and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
i employees or parties in interest, including this affiant, have in any colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication,' or conference' with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person' interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and deliverf "in the Presence of:
lffiw� QAA'�,'! By:
c A )
Witne
Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
a1, et r }
COUNTY OF
On this the day of _, 20 before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
Thomas F. Pepe
12/10/2015
16
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.
by
This sworn statement is submitted to e
C1
,K M'
[print name of the public entity]
� O N LA�1 iYl O N
[print individual's name and title]
for L. gf.. C. 1: Gb naog. T'i L L c. _
[print name of entity submitting sworn statement]
° l.� 1� A u D�eo ral
whose business address is � fl (�� t��� C
and (if applicable) its Federal Employer Identification Number (FEIN) is Is V 0!!t 1\1,1 ?� (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
Thomas F. Pepe
12110/2015
lip
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
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
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONL
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES,
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
OFFICER FOR THE PUBLIC ENTITY
Y, AND THAT THIS FORM IS VALID
ALSO UNDERSTAND THAT I AM
CONTRACT IN EXCESS OF THE
FOR CATEGORY TWO OF ANY
(Signature]
Sworn to and subscribed before me this 2 6 day of wi u (7'u S 20 A.
Personally known
OR Produced identification 053—p Notary Public —State of L�j w7
M- C- m L-1(_ C-N S C My commission expires
(Type of identification) (Printed, typed or stamped commissioned
Form PUR 7068 (Rev.06 /1 1/92) name of notary public)
Terry Ann Morgan
%V1 NOTARY PUBLIC
STATE OF FLORIDA
Thomas F. Pepe Ca r"o FF975W9
12110/201 s Expires 3/28/2020
19
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:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENT's Signature: J6 th
Print Name: A �i n to L
Date:
Thomas F. Pepe
12/10/2015
Thomas F. Pepe
12110/2015
21
A
s
)
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is resppndOg to the City's solicitation, hereinafter referred to as "Respond ", must
certify at 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
http : / /www.dms.myhorida.com /business operations /state purchasing /vendor ®information /convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
uk ys (hereinafter referred to as the "Declarant ") state, under penalty of perjury,
that the following statements are true and correct:
(1) 1 represent the Respondent whose name is rD OJ A
(2) 1 have the following relationship with the RespondentWq3ph!c.,N A,� e_ "& `(Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Members (if Respondent is a Limited Liability
Company).
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business operations/state -13 u rchas i ng /vendor_ info rmation /convicted_ suspended _d i
scriminatory_complaints_ vendor _lists
(4) 1 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 1 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 Ven r List
_ Suspended Ve dor List
_ Discriminato Vendor List
_ Federal Exc ded Parties List
_ Vendor C mpiaint List
FURTHER DEC ARANT SAYETH NOT. r
1
CC of Declarant)
By:
ature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY O
On is the cl day of _�___s 20, before me, the undersigned authority, personally
appeared Y KI LOW who is personally know to me or who provided the
following identification A. k)(.., and who took an oath or affirmed that that he /she /they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL
(Name of Notary Public: Print,
Stamp or type as commissioned.)
Thomas F. Pepe
it
12!10!2015 FT
taty Public State of Florida
Commisslor�; r 1,6043 ¢
22 comm. expires Aug. V, 2W"
RELATED PARTY TRANSACTION VERIFICATION FORM
I m LA individually and on behalf of y ��d t/61 it G f) a,4 Jj G
( "Firm ") have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City ")'s Code of Ethic ,
Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that 1, and /or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A- I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he /she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and /or your Firm and the City other than the following individuals whose interest is set
forth following their names:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and /or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he /she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and /or appointed official or employee.]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
Thomas F. Pepe
12/10/201S
23
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X: \Purchasing \Vendor Registration \12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
(if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he /she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: %��
Print Name & Title:
Date:
Thomas F. Pepe
12/10/2015
24
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 registration fees.
A
Pursuant to '92.525(2), Florida Statutes, the undersigned, tJ 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.
NAME TITLE
`�31Zi o N U Q
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 of the 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 entity listed below.
Executed this 25 day of t `3e,,V S ^` ,
20k
Thomas F. Pepe
12/10/2015
29
)C ! wa\a,� k-
Print name of entity being represented
�4
"0a
v
Schedule of Values
PAY ITMES NO.
DESCRIPTION
UNIT
QTY.
` Unit Price
Cost
101 -1
MOBILIZATION
LS
1
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MAINTENANCE OF TRAFFIC
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104 -18
TEMPORARY CONTROLS SWPPP Inlet Protection System
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CLEARING & GRUBBING
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QUTAND REMOVE4 "PIPE
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REMOVE EXIST INLET - -
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g6mpACTION STABLIZATION OF 12" SUBGRADE
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285 -706 -
FURNISH AND PLACE 8 ": LIMEROCK BASE MATERIAL
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325
' 327-70-1 :
MILLING 1" EXIST. ASPHALT
SY
370
f. 334 -1 -13
FURNISHAND PLACE ASPHALT CONCRETE PAVEMENT COST INCLUDES TACK COAT AND
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1 413 -149 -
SEALING OF OPENING ON CATCH BASIN
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FURNISH AND INSTALL D3 INLETS INCLUDES EXCAVATION AND BACKFILL
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FURNISH AND INSTALL STORMWATER MANHOLES (w /j BOTTOM & BAFFLES AND
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`430- 175 -118
FURNISH AND .INSTALL 18” (HDPE) STORM SEWER SOLID PIPE. INCLUDES ALL
INSTALLATION COMPONENTS (COST INCLUDES 4 FEET TRENCH AND EXCAVATION AND
BACKFILL )
LF
122
430-175-124
FURNISH AND INSTALL 24" (HDPE) STORM SEWER SOLID PIPE, INCLUDES ALL
INSTALLATION COMPONENTS (COST INCLUDES 4 FEET TRENCH AND EXCAVATION AND
BACKFILL:.
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295
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443-704
FURNISH AND INSTALL 24' (HDPE) PERFORATED PIPE & EXFILTRATION TRENCH.
INCLUDES ALL INSTALLATION COMPONENTS. (COST INCLUDES 5 FEET WIDE BY 15 FEET
DEEPTRENCH INCLUDES EXCAVATION AND BACKFILL )
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248
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FURNISH AND INSTALL 2" TOPSOIL AND SOD (COST INCLUDES MINOR SWALE GRADING
OPERA IONS
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FURNISH AND PLACE TEMPORARY ASPHALT
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GENERAL REQUIREMENTS & CONDITIONS (INSURANCE, PERMIT FEES, BONDS, TEMP.
FACILITIES, PERF. GUARANTEE ETC)-
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The off -duty Police officer hours item is an estimate. Selected contractor will be required to apply for a right of way permit, during which Police will evaluate the MOT
All Pay Items are refering to the FDOT standards and specifications
35
EXHIBIT 3
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
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 I (Scope of Services) 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. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. k Dated: 6 16
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this 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.
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
Thomas F. Pepe
12/10/2015
[IN
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,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the City, that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person,
firm or corporation to refrain from responding; and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values, if required, is provided for the
purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal
Price. 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; for Work activity limited to the hours from 7 :00 a.m. through
6 :00 p.m., on weekdays from Monday through Friday:
LUMP SUM BASE PRICE: $ �� 3y,1 dollars and 3U cents
Z> Q& .'j fj14ut2sOvro Cwi bA'%#4GaPl.e 47m49t `3aoq "S-o
NOTE: �e proposal shall include an alternate price, less included in the gene
price, for performing the work after normal working hours:
If no alternative -price is provided with the proposal, it shall be an unrebuttable
presumption that the contract price includes workgerformed after normal working hours
whenever requested by the City Manager.
Alternate. #1 $ lars and cents
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 90
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 information for future communication with you concerning this Proposal:
RESPONDENT:
Thomas F. Pepe
1211012015
M
Address:
Telephone:
Facsimile:
Contact Person
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.
8. If a 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 and that all of the information and representations contained herein are true and correct to the
best of my information and belief.
SUBMITTED THIS 'L` DAY OF (� �-(' 20L
PROPOSAL SUBMITTED BY:
Lccti GoVsl lbo.c rVio 0 Lac
Company
( at, t�zl tAv�
Name of Person Authorized to Submit Proposal
Sigiature
Title
Thomas F. Pepe
12/10/2015
411%
V4 19ceg (4 lei
Fax Number
Address
END OF SECTION
EXHIBIT 6
Supplementary Conditions
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant:
City's Designated Representative:
EAC Consulting, Inc.
815 NW 57th Avenue, Suite 402
Miami, FL 33126
Phone: 305 - 264 -2557
Fax: 305 - 264 -8363
Ricardo A. Ayala, P.E.
Capital Improvement Project Manager
4795 SW 75 Ave 400
Miami, Fl. 33155
Phone 305 - 403 -2072
Fax 305 - 668 -7208
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished one sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT I, Attachment A, to the RFP and if there is a conflict the attached
Exhibit shall take precedence.
E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and
in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in 90 calendar days unless a shorter time is set forth in the Contract and in
such event the Contract shall take precedent notwithstanding any provision in the General Conditions to
the Contract that may be to the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this day of , 20_,
*016111 okfml
Signature:
Print Signatory's Name: 1651KI
Title of Signatory: -ate
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Thomas F. Pepe
12/10/201S
go
Legality, and Execution Thereof.
Signature:
City Attorney
Thomas F. Pepe
12/ 10/2015
END OF SECTION
79