Rock Power Paving RFP 2016-19 8.26.16r
oulh Miami
HE CITY OF AXASANT uVP,'G
CITY OF SOUTH MIAMI
SW 64 " Avenue Drainage Improvement Project
RFP #PW2016 -19
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "GSM') 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.
The City is hereby requesting sealed proposals in response to this RFP, "SW 64 " Avenue Drainage;
Improvement Project, RFP #PW2016 -19. 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 1, Attachment A) and,
or the plans and /or specifications, (Exhibit 1, Attachment B), 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 (1) original unbound proposal, one (1) additional copies and
one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which' shall be
delivered to the Office of the City 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: "SW 64 " Avenue Drainage Improvement Project," RFP #PW2016 -19
and 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 a.m. local time on August 26, 2016. Hand delivery must be made
Monday through Friday from 8 AM to 5 PM to the office of City Cleric.
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.
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, August 12, 2016 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 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..
Maria M. Menendez, CMC
City Clerk, City of South Miami
I
SCOPE 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
12110/2015
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
812612016
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) Attach men t/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
12/10/201S
12
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(Dsouthmiamifl.gov or via
facsimile at (305) 663 4346.
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.
I I. 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 -15. 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
12/10/2015
5
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.
Thomas F. Pepe
12/1012015
N
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
12/10/2015
7
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 Respondents 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 Respondents 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
12/10/2015
E3
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.
Thomas F. Pepe
12/10/2015
7
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 2
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
12/101201S
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:
at " CuA.a:;�)
Owner Name:
Owner Address:
Owner Telephone:
/O
/V
Original Contract Completion Time
(Days):
3os- 3 9.3 - 6 dos'
2
Original Contract Completion Date: 2
Actual Final Contract Completion
Date: :3 //5 / 2 0 Ilk
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Fzy
(P m 0 n-4i%S
Original Contract Completion Date: CP m d /7 #14A,!5
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
Thomas F. Pepe
12/1012015
12
00, Coo
C) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
/it IL) 0
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.
S. List and describe any:
Thomas F. Pepe
12/10/201S
13
o /
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
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:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
305- 599 � CP ?-Oq
111 P Gy /set
.n$ os_375- �-�i�Zoo,
2000)0 3s
Telephone No.:
Contact Person: Pao
Type of Project: 3 C) S `%— L4�0
Thomas F. Pepe
12110/2015
14
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.
This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible bidder
within five (S) business days after Bid Opening.
END OF SECTION
Thomas F. Pepe
12/10/2015
Is
Classification of Work
Subcontractor
..
Email
Landscape
Sodding and Turf Work
Electrical
Irrigation
Paving
\
Park Amenities
\
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
\
Testing Laboratory
Soil Fumigator
Signs
Other:
l�-
This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible bidder
within five (S) business days after Bid Opening.
END OF SECTION
Thomas F. Pepe
12/10/2015
Is
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
Q 6.e"Pt being first duly sworn, deposes and states that:
(1) He /She/They is /are the QlliYl
(Owner, Partner, Officer, Representative or Agent) of
C l j?: lj ,, 45nQ:� the Respondent that has submitted the
attached Proposal;
(2) He /She/They is /are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed andAelivered in the presence of:
Y:
s Signature
s Print Name and Title
0&4jZ0 t(
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
On this the 2'j-VIN day of Ru��s� 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
12/101201S
16
instrument, and he /she /they acknowledge that he /she /they
WITNESS my hand and official seal.
•��.��;!; IIETTYS HERNANDEZ
NOTARY PUBLIC. ,_•�,� "'•., Notary Public • State of Florida
SEAL OF OFFICE: :. •, Commission # FF 946276 _
?,,.•' My Comm. Expires Dec 26, 2011
�'� �i n ��`� Bonded through National Notary Asar
Thomas F. Pepe
12/10/2015
17
and
VA
Subscribed to the within
of Florida
L
of Notary Public Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
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.
This sworn statement is submitted to
IF
by obe rt D2 /a a Ci?�o
[Print indiv'dual's na and�fjjtle]
for Koc,�c 0 er 1'a V/
[print name of entity submitting sw
name df the public entity]
G
whose business address is 1393 / 5 W 5 cl Sf
vn(, , P1 331v-9
W
and (if applicable) its Federal Employer Identification Number (FEIN) is 43' ?,OS'O 3 11 (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 I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
Thomas F. Pepe
12/1012015
E6
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.]
V ty Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. (attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
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 STATUS
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. A
Sworn to and subscribed before me this 2�rt'�'
Personally known
OR Produced identification
(Type of identification)
Form PUR 7068 (Rev.06/ 1 1 /92)
Thomas F. Pepe
12/10/2015
day of
LIETTYS - Ff N RN
Notary Public FI
Commission #�W e(
My Comm. Explres Dec 28, 201
Bonded throuo Natlonsl Notuv a :..
19
OFFICER FOR THE PUBLIC ENTITY
Y, AND THAT THIS FORM IS VALID
ALSO UNDERSTAND THAT I AM
CO TRACT IN EXCESS OF THE
�FOJCATEGORY TWO OF ANY
&4
20((()
of 0V1
ion expires
r stamped commissioned
public)
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:
Print Name:
h'abert
Date: $' 941 *010
Thomas F. Pepe
12110/2015
20
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 (I ).
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 staters , I ertify that this firm complies fully with the above requirements.
RESPONDENT'S
Signature:
Print Name:
h'abert
Date: $' 941 *010
Thomas F. Pepe
12110/2015
20
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, Rock Power AyolglkIName of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the SW 64th enue Drainage Improvement Project, RFP #PW2016 -19
project as specified have the sole responsibility for compliance with all the requirements of the Federal
Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to
indemnify and hold harmless the City of South Miami and EAC Consulting, Inc. against any and all liability,
claims, damages, losses and expenses they may incur due to the failure of (Sub - contractor's names):
to comply with such act or regulation.
CONTRA OR
BY: Robe, rt- T)el iad Q
Name
fires ic,PPat
Title
Thomas F. Pepe
12/10/201S
21
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:
http://www.dms.myflorida.com/business operations /state purchasing /vendor information /convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (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
(2) 1 have the following relationship with the Respondent (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 Member> (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_purchasing/vendor_ information /convicted_suspended_di
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 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
FURTHER DECLARANT SAYETH NOT.
By:
(Print name of Declarant)
(Signature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
On this the day of 20 , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification 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
Thomas F. Pepe
12/10/201S
22
(Name of Notary Public: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
, individually and on behalf of
('Firm') have Name of Representative CompanyNendor /Entity read the City of South Miami ( "City')'s Code of Ethics,
Section 8A -I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(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 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 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
12/10/2015
23
fol
(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
12/101201S
24
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:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(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)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but 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
12/10/201S
25
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(1) 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)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(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)(1) through (6), or for any person included in the terms defined in paragraphs (b)(I ) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
12/10/2015
26
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
6) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full -time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Thomas F. Pepe
1211012015
27
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official (as defined in paragraphs
(b)(1) 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,
501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(I ) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6 -99 -1680, § 2, 3 -2 -99)
Editor's note- Ord. No. 6 -99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced
them with new §§
8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan. 11, 1969.
Thomas F. Pepe
12/10/2015
END OF SECTION
w3
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.
Pursuant to '92.525(2), Florida Statutes, the undersigned, 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
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 day of , 20 _
Signature of Representative
Print Name and Title
Thomas F. Pepe
12/101201S
29
Print name of entity being represented
NOTICE OF AWARD
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
The City has considered the Proposal submitted by your firm for the SW 64th Avenue Drainage
Improvement Project, RFP #PW2016 -19 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 SW 64th Avenue Drainage
Improvement Project, RFP #PW2016 -19 in the lump sum amount of $ broken
down as follows:
Base Proposal:
Alternate #I:
Alternate #2:
Alternate #3:
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 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
12/10/2015
END OF SECTION
NOTICE TO PROCEED
PUBLIC CONSTRUCTION CONTRACT
SW 64th Avenue Drainage Improvement Project
RFP #PW2016 -19
TO: DATE:
PROJECT DESCRIPTION: SW 64th Avenue Drainage Improvement Project, RFP #PW2016 -19
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 90 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
12/10/2015
END OF SECTION
31
EXHIBIT # I
Attachment "A"
Scope of Services & Schedule of Values /Summary of Quantities
SW 64 " Avenue Drainage Improvement Project
RFP #PW2016 -19
L Scope of Work:
Scope of work involves performing drainage and road improvements within the City of South Miami.
Work shall comply with applicable standards, including but not limited to the FDOT and the Miami Dade
County Public Works standards. Work covered under this contract shall also include and is not limited to
maintenance of traffic, off duty Police officer, drainage, milling, clearing & grubbing, asphalt placement, and
striping.
The construction is to be performed per specifications and the construction documents of SW 64`h Avenue
(Twin Lakes Drive) Drainage Improvements, prepared by EAC Consulting, Inc., Exhibit 1, Attachment C.
This includes, but is not limited to, the furnishing of all labor, material, tools, equipment, machinery,
disposal of all materials, superintendence and services necessary for the completion of the construction of
the project.
The awarded vendor must obtain any permits required. The City will waive all City permit fees. Permits
that may be required by other agencies will be the responsibility of the awarded vendor, including
applicable fees.
Off duty Police officers will be required for lane closures. An allowance will be provided for 80 hours of
off duty Police officers. 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 time Police will evaluate the MOT plan and
assess if an off -duty police officer will be required. If the contractor believes that more than 80 hours are
required for this project, the contractor shall adjust the quantities and total cost for this item in the
proposal. If the number of hours required is less than the proposed number of hours, the difference shall
be credited to the City.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from
Monday through Friday. The proposal shall include an alternate price, unless included in the
general contract 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 work performed after normal working hours whenever requested by the City Manager.
II. Site Locations:
The project
is located
on SW 64' Avenue, between SW 56`' Street and SW
58`' Terrace, as shown in the
exhibit titled
Exhibit
I, Attachment C, "Construction Plans and Site
Locations."
Values utilized
for the purpose
of this
RFP are approximate. Contractor is responsible to verify the areas,
and
quantities
as per the limits
defined
by the exhibits.
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP
SUM.
RESPONDENTS ARE TO PROVIDE A FEE BREAKDOWN INCLUDING UNIT COST AND
QUANTITES FOR EACH TASK INCLUDED IN THE LUMP SUM PRICE; INCLUDING BUT NOT
LIMITED TO: MOBILIZATION, MAINTENANCE OF TRAFFIC, OFF DUTY POLICE,
DRAINAGE, RESURFACING (TYPE S -III ASPHALTIC CONCRETE), MILLING ASPHALT,
STRIPING (THERMOPLASTIC PAINT).
Thomas F. Pepe
12/10/2015
32
REFER TO EXHIBIT 3 "CONSTRUCTION BID FORM." THE CITY WILL AWARD THE ENTIRE
PROJECT TO A SINGLE CONTRACTOR BASED ON THE LUMP SUM AMOUNT
SUBMITTED.
II14 Plans and Specifications:
Plans prepared by EAC Consulting, Inc., titled "SW 64' Avenue (Twin Lakes Drive) Drainage Improvements,"
Exhibit I, Attachment C, "Construction Plans and Site Locations," are a part of this RFP by way
of reference.
IV. Project Duration & Liquidated Damages:
The current estimate to complete construction of the project is 60 calendar days substantial
completion. Thermoplastic paint shall be installed 30 calendar dam after substantial completion. 90
total calendar days to final completion from issuance of Notice to Proceed.
Liquidated Damages shall be paid by the Contractor at the rate of $1,000.00 dollars per day, plus any
monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if
any, associated with such delay.
V. Warranty:
The standard manufacturer's warranty information must be provided in writing for all equipment being
proposed, including installation by an authorized dealer.
NOTE: A Performance and Payment Bond is required for the full amount of the project
Thomas F. Pepe
12/10/201S
END OF SECTION
33
Thomas F. Pepe
12/10/2015
EXHIBIT # I
"Attachment B"
Schedule of Values /Summary of Quantities
SW 64 " Avenue Drainage Improvement Project
RFP #PW2016 -19
it
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