Res No 047-24-16152RESOLUTION NO. 047-24-161S2
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE
DEVELOPMENT OF HOMETOWN DISTRICT LOT B;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") desires to consider firms interested in
purchasing or leasing the property located at 5818 SW 71 st Street ("Lot B") to develop, operate,
and maintain a project that includes a hotel component, and may additionally feature other uses,
such as residential, commercial, office, and/or a first floor public parking component (the
"Project"); and
WHEREAS, the Project is necessary as part of the overall effort by the City to revitalize
its Town Center and to provide revenue to fund placemaking improvements in the Sunset Drive
corridor and Hometown/Town Center District; and
WHEREAS, currently, Lot B does not represent the highest and best use given its
proximity to the Sunset Place property (which is set to be redeveloped), the South Miami Metrorail
Station, South Miami Hospital, Larkin Hospital, and other extraordinarily attractive health care
industry professional services, restaurant and retail shops, and education and administrative
services; and
WHEREAS, after discussing the Project and/or redevelopment of Lot B at various public
meetings and workshops, the City Commission desires to formally solicit responses from qualified
firms for the Pmject; and
WHEREAS, the City Commission desires to authorize the City Manager to further revise
the Request for Proposal (''RFP") for the Project attached hereto as Exhibit "A", consistent with
the Commission's direction at this meeting, and bring back the revised RFP to the Commission at
its next meeting for final approval before issuance; and
WHEREAS, the City Commission finds that the RFP and this Resolution are in the best
interest and welfare of the City.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Issuance of Request for Proposal (RFP). The City Manager is hereby
authorized to further revise the RFP for the Project attached hereto as Exhibit "A", consistent with
Page 1 of2
Res. No. 047-24-16152
the Commission's direction at this meeting, and bring back the revised RFP to the Commission at
the next meeting for final approval before issuance.
Section 3. Implementation. Thal the City Manager is authorized to take any and all
actions necessary to implement the issuance of the RFP and the purposes of th.is Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by -the City Attorney for any confonning amendments to be incorporated into the
final resolution for signature.
Section 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this l6'11 day of April, 2024.
ATTEST:
CITY ~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
LFMANCOLE
' ..
CJTY A ITORNEY
~ YOR
COMMISSION VOTE: 4-0
Mayor Fernandez: Absent
Vice Mayor Bonich: Yea
Commissioner Calle: Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Page 2 of2
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: April 16, 2024
Submitted by: Daniela Cimo
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE
DEVELOPMENT OF HOMETOWN DISTRICT LOT B; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
Memo Lot B RFP.docx
Resolution Authorizing Issuance of RFP for Development of Hometown District Lot B.DOCX
Exhibit A - RFP - Development of Town Center Lot B
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:April 16, 2024 City Commission Meeting
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR THE DEVELOPMENT OF HOMETOWN DISTRICT LOT B;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
The accompanying Resolution was prepared and placed on the agenda at the request of
Commissioner Liebman.
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CITY OF SOUTH MIAMI
REQUEST FOR PROPOSALS (RFP)No. 2024-XX
DEVELOPMENT OF
HOMETOWN DISTRICT LOT “B”
City of South Miami Commission
Mayor Javier Fernández
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: [DAY], [DATE],2024
PROPOSAL OPENING DATE: [DAY], [DATE], 2024
PROPOSAL OPENING TIME: 10:30 A.M.
5
PUBLIC NOTICE
REQUEST FOR PROPOSALS (RFP) No. 2024-XX
DEVELOPMENT OF HOMETOWN DISTRICT LOT “B”
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting proposals from
experienced developers with a proven track record of successfully completing, maintaining, and
operating profitable developments for the purchase or lease of Hometown District Lot “B”(the
“Project”), a City-owned lot located at 5818 SW 71st Street, South Miami, Florida (the “Property”)
for the primary purposes of developing a hotel in the City’s Town Center area and generating
revenue to fund placemaking improvements in the Sunset Drive corridor and the Hometown/Town
Center District. The Project to be developed at the Property shall include a hotel component, and
may additionally feature other uses, such as residential, commercial, office, and/or a first floor
public parking component.Interested companies, firms, and individuals (“Proposers”) may obtain
a copy of Request for Proposals No. 2024-XX (the “RFP”) to be issued on [Insert Date]at the City
of South Miami 6130 Sunset Drive, South Miami, FL 33143 or on the City’s website at
www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/.The RFP
contains detailed information about the scope of the Project,submission requirements, and
selection procedures. All notices and any addenda issued by the City with respect to the RFP will
be made available on the City’s website. It is the Proposer’s sole responsibility to ensure receipt
of any issued notice or addenda relating to this RFP once posted to the website. The Proposal
submission shall be submitted electronically via DemandStar, and marked “Proposal to City of
South Miami,RFP No. 2024-XX for the Development of Hometown District Lot “B”.”
Proposals must be received by the City by no later than [Insert Date]at [Insert Time].
Proposals will be publicly opened through video conferencing using the Zoom platform. Members
of the public are invited to view the Proposal opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the Proposal opening meeting on a dedicated
phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
Any Proposal submission received after this time and date will be rejected and returned
unopened. Proposers are responsible for ensuring that their Proposal is received in the City by
the deadline.
A mandatory pre-response conference will be held on [Insert Date], at [Location]. All Proposers
planning to submit a Proposal [must or are strongly encouraged to]attend this meeting. Proposers
should allow sufficient time to ensure arrival prior to the indicated time.
The City hereby provides notice to all Proposers of the imposition of a Cone of Silence for this
solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein,
means a prohibition on communication regarding a competitive solicitation such as a request
for proposal, request for qualification, request for information or request/invitation for Proposal
between a potential vendor, service provider, proposer or Proposer, or agent, representative,
lobbyist or consultant for the potential Proposer; and (i) members of the City commission; (ii)
the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation
6
committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone
of Silence.
Date Issued: [Insert Date]
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TABLE OF CONTENTS
Section Page
Section 1: Information for Proposers XX
Section 2: Scope of Project Development XX
Section 3. Terms and Conditions XX
Section 4: Proposal Form Package XX
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RFP No. 2024-XX Section 1 Page 2 of 12
SECTION 1.
INFORMATION FOR PROPOSERS
1.1.INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting proposals for the Development of
Hometown District Lot “B.” The City hereby requests proposals for the selection of one firm
(“Contractor” or “Proposer”) to develop the Project, including all services, design, labor, materials,
equipment, and all incidentals necessary, as set forth in Section 3 of this RFP.
The City intends to award a contract to the most responsive and responsible Proposer whose
Proposal is most advantageous to the City and which meets the requirements and criteria set forth
in this RFP for the Work described in this RFP.
1.2.SCHEDULE OF EVENTS.
The following schedule is anticipated for this RFP process, but is subject to change by the City, in
its sole discretion, at any time during the RFP procurement process.
No.Event Date*Time*
(EST)
1 Advertisement/ Distribution of RFP
2
Mandatory Pre-Proposal Conference and Site Visit
6130 Sunset Drive
South Miami, FL 33143
3 Deadline to Submit Questions / Requests for
Clarification
4 City Issues Addenda and Responds to Questions
5 Deadline to Submit Sealed Proposals – Submission
Deadline
6 Proposal Opening & Evaluation of Proposals
7 City Manager issues recommendation to City
Commission
8 Award Proposal(s) and Agreement(s) at City
Commission Meeting
1.3.PROPOSAL DUE DATE.
Sealed Proposals must submitted electronically through the DemandStar Electronic Proposal
System at https://network.demandstar.com/. All sealed proposals must be received by 10:00 a.m.
E.S.T. on [Date], 2024 (the “Submission Deadline”). Sealed proposals will be publicly opened
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RFP No. 2024-XX Section 1 Page 3 of 12
through video conferencing using the Zoom platform. Members of the public are invited to view
the Proposal opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to
the Proposal opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID:
3056636339.
1.4.[MANDATORY PRE-PROPOSAL CONFERENCE AND SITE(S) VISIT.
A mandatory pre-Proposal conference, will be held at 11:00 a.m. on [Day], [Date], 2024 at the
_____________. Attendance at this conference is required in order to submit a Proposal in
response to this RFP and for the Project. Virtual participation may be available and shall be
noticed by the City Clerk. All persons attending the pre-Proposal conference will receive the
answers to all questions asked or submitted. A site(s) visit for interested Proposers will occur
immediately following the pre-Proposal conference.
Prior to submitting a Proposal, each Proposer should visit the site and become familiar with the
conditions that may, in any manner, affect the Work to be performed by the awarded contractor or
the equipment, materials and labor required. The Proposer is also required to examine carefully
the Scope of Work set forth in Section 3 of this RFP and be thoroughly informed regarding any
requirements or conditions that may in any manner affect the Work to be performed under the
Agreement. No allowances will be made because of lack of knowledge of any conditions or
requirements.
1.5.ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING
PROPOSAL PROCESS.
The City will not respond to oral inquiries or questions concerning this RFP. All written inquiries,
requests for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
Facsimile: (305)669-2636
Any written inquiry or request for interpretation or clarification must be sent by e-mail or written
correspondence and received by the City no later than __________, 2024 at 10:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to
this RFPissued by the Cityto all known and/or registered prospective Proposers. Each prospective
Proposer shall acknowledge receipt of such Addenda by including it in the Proposal Form. All
Addenda shall be a part of this RFP and a part of the Agreement and each Proposer will be bound
by such Addenda, whether or not received. It is the responsibility of each prospective Proposer to
verify that it has received all Addenda issued before Proposal are submitted and opened.
1.6.SUBMISSION OF PROPOSAL.
Sealed Proposals must submitted electronically through the DemandStar Electronic Proposal
System at https://network.demandstar.com/by the Submission Deadline and must be marked as
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RFP No. 2024-XX Section 1 Page 4 of 12
“Proposal to City of South Miami, RFP No. 2024-XX, Development of Hometown District Lot
“B” and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE
CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE
RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR ANY
DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF PROPOSALS. ANY
PROPOSAL RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFP
WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED
PROPOSAL SHALL NOT BE CONSIDERED.
The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to
bind the Proposer and enter into a contractual relationship in the name of the Proposer. The
submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the
Proposer to perform the required Work, upon the terms and at the prices stated by the Proposer.
Proposals will be publicly opened and read. All Proposers and their representative may be invited
to be present. Proposals shall be typed or printed in ink. All blanks on the Proposal form(s) must
be completed. Names must be typed or printed below the signature. Proposals submitted by hand-
delivery, facsimile and/or email will not be accepted.
Only one (1) Proposal from any individual, firm, partnership, or corporation, under the same or
different names, will be considered. If the City determines that any Proposer has interest in more
than one (1) Proposal for Work contemplated; all Proposal in which such a Proposer is interested
will be rejected. Proposer by submitting this Proposal certifies that this Proposal is made without
previous understanding, contract, or connection with any person, firm or corporation making a
Proposal for the same material, supplies, equipment or services and is in all respects, fair and
without collusion of fraud.
1.7.PROPOSAL REQUIREMENTS & FORMAT.
Each Proposer must present its products, services, and applicable features in a clear and concise
manner that demonstrates the Proposer’s capabilities to satisfy the requirements of this RFP. The
emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent
information and suitability of the Work. Proposals MUST include the following:
1.7.1.Table of Contents.A Table of Contents that outlines in sequential order the major
areas of the Proposal, including enclosures. All pages must be consecutively
numbered and correspond to the Table of Contents and shall be in the order required
by this RFP.
1.7.2.Cover Letter and Executive Summary.Briefly introduce the Proposer; the
Proposer’s commitment to the City; an understanding of the Project throughout each
anticipated Project phase; and the elements of the submittal, including any unique
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RFP No. 2024-XX Section 1 Page 5 of 12
aspects of the Proposal. The cover letter shall be signed by the party authorized to
negotiate terms, render binding decisions and commit the Proposer’s resources and
make a positive commitment to implement the Project in accordance with the terms
of the Proposal being submitted.
1.7.3.Proposer's Qualifications.Submit detailed information regarding the Proposer’s
history and relevant experience and proven track record of providing the development
services similar as identified in this RFP, including experience in developing similar
projects to public sector agencies. Proposer must complete and submit Form 6,
Proposer’s Qualification Survey.
1.7.3.1.To be eligible to respond, the Proposer shall have five (5) years of
continuous operation and provide proof of same.
1.7.3.2.Proposer must include any relevant business licenses, including
occupational licenses, and Florida registration (entity certifications, not
personal) and a copy of the entity’s State Corporate Certificate or other proof
from the Florida, Division of Corporations that Proposer is authorized to do
business in Florida.
1.7.3.3.Proposer must provide copies of professional and business licenses and
insurance, qualifier for company name and type of licenses, as well as those for
supporting firms, contractors, or subcontractors.
1.7.3.4.Proposer shall provide a list of current and past projects, with emphasis on
similar work and work in Florida municipalities. Include up to five projects total.
For each project or client that the Proposer submits as evidence of similar
experience, the following is required: project description, name of project
owner, and project contact telephone and email.
1.7.3.5.Proposer must also provide the official complaint history within the last five
(5) years for its qualifying professional license.
1.7.3.6.Specialized Experience: Describe and document knowledge and experience
in the following areas:
i.Florida Building Code,
ii.Sustainable and resilient design, including green building certification
systems,
iii.Adaptable garage facilities and parking management technology,
iv.Stakeholder and public engagement, and
v.Construction of Vertical Developments.
1.7.3.7.Litigation history relating to any prior or on-going development projects or
similar projects.
1.7.4.Project Team Qualifications and Experience. Include the following information
for this requirement:
1.7.4.1.Provide an organizational chart showing reporting structure for all Key
Staff, including any key subcontractors (the “Project Team”). Describe the role
that each team member will play in providing the development of the Project
and each team members’ qualifications.
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RFP No. 2024-XX Section 1 Page 6 of 12
1.7.4.2.Include a one-page resume including contact information for at least three
(3) professional references for the individual designated to serve as Principal in
Charge and/or Project Manager.
1.7.4.3.Proposer shall identify the Principal in Charge’s Experience.This
individual must have a minimum of five (5) years’ experience in developing
similar projects. This individual must be capable of speaking and making
decisions on behalf of the Proposer.
1.7.4.4.Include one-page resumes for each person or subcontractor listed in Form
8, Key Staff and Proposed Subcontractors. Resumes should include education,
experience with similar projects, specifying the role the individual employee
served on the project, and any other pertinent information.
1.7.4.5.The team working on the Project must have prior experience within the past
five (5) years of developing similar projects.
1.7.4.6.Provide evidence of Florida professional licensure for individuals of the
A/E team members with copies of any requisite authorizations to develop the
Project in the State of Florida.
1.7.4.7.For each task, list each individual Key Staff member, including
subconsultants, and indicate their relative involvement on the task (based on
number of hours per week). Also indicate the relative involvement of the
Proposer and each key subconsultants on the Project in total.
1.7.5.Major Achievements/Distinctions:Describe in narrative form and provide
documentation regarding any major successes that the Proposer or a member of its
team may have achieved or accolades received in the completion of similar projects.
1.7.6.Project Approach: The Proposer shall provide an overall project approach, detailing
the Proposer’s (1) Development Master Plan and (2) Project Schedule, all as set forth
in greater detail under Section 2 of this RFP.
1.7.7.Financial Statements:The Proposer shall submit Financial Statements for the
Proposer’s financially responsible party for the three (3) most recently completed
fiscal years. The Financial Statements must include an Opinion Letter, a Balance
Sheet, an Income Statement and a Statement of Changes in Cash Flow. Financial
Statements must be prepared in accordance with US Generally Accepted Accounting
Principles (USGAAP) or International Financial Reporting Standards (IFRS). The
Statements must be audited by an independent party qualified to render audit
opinions. If audited statements are not available, the Proposer shall include unaudited
Financial Statements, certified as true, correct and accurate by the chief executive,
chief financial officer or treasure (or equivalent) of the entity.
1.7.8.Insurance Certificates. Proposer shall provide certificates of insurance
demonstrating compliance with the requirements set forth under Section 2 of this
solicitation, including:
1.7.8.1.Commercial General Liability
1.7.8.2.Workers Compensation & Employer’s Liability
1.7.8.3.Business Automobile Liability
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RFP No. 2024-XX Section 1 Page 7 of 12
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
1.7.9.Special Consideration.Describe any special resources that Proposer may bring to
the project or in-house expertise in technical areas, which will specifically benefit
the project. Not to exceed three (3) pages. Excess pages will be removed prior to
submission to the Evaluation Committee.
1.7.10. Proposal Form Package.Proposer shall provide complete and accurate copies, with
all required signatures and notarizations, for all the forms in the Proposal Package:
Form 1.Proposal Form Package Acknowledgement.
Form 2A. Proposer’s Certification (if Company or Corporation)
Form 2B. Proposer’s Certification (if Partnership)
Form 3.Single Execution Affidavits
Form 4.Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other
Responsibility Matters Primary Covered Transactions
Form 6.Proposer’s Qualifications Survey
Form 7.Key Staff & Proposed Subcontractors
Form 8.Reference List
Form 9.Price Proposal
Form 10.Proposal Guaranty
Form 11.Cost Recovery Agreement
1.7.11. Cost Recovery.Proposer shall submit a cost recovery deposit of $_______ to cover
the City’s costs of administering this RFP, including but not limited to costs of
professionals used by the City to evaluate the RFP and advise the City Manager or
City Commission. The deposit shall be non-refundable. By submitting its proposal,
Proposer acknowledges and agrees that it shall be required to submit an additional
cost recovery deposit in an amount to be determined by the City Manager if selected
for the award, to be applied to the City’s costs incurred in connection with
implementing the award, Such cost recovery deposit shall be due prior to negotiations
and shall be replenished as necessary.
1.7.12.Proposer may provide any additional information that highlights experience or
expertise, which is relevant and directly applicable to this RFP.
1.8.EVALUATION CRITERIA.
Award shall be made to the Responsible Proposer(s) whose Proposal is determined to be the most
responsive Proposal that is most advantageous to the City. Proposals will be evaluated according
to the following criteria and respective weight:
Category Criteria Maximum Points
1 Qualifications/Experience of the Firm/Proposer
To include years of municipal experience, ability, capacity
and skill of firm(s), the firm’s financial stability, whether the
firm is a certified minority business enterprise, and adequacy
of personnel to perform, including timeliness, stability and
availability and licenses
20 points
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RFP No. 2024-XX Section 1 Page 8 of 12
2 Qualifications/Experience of the Project Team
Professional credentials, qualifications, and accomplishments
of the proposed team members to be used for the Project.
10 points
3 Past Performance & Client References
Experience and background in developing similar projects and
past performance, including but not limited to, familiarity with
local, state, and federal regulatory agencies procedures and
requirements.
10 points
4 Project Implementation Strategy
The Firm’s understanding of the City’s needs, local
conditions, goals, vision, and objectives for the Property,
including analysis of the Proposer’s Development Master
Plan and Project Schedule.
35 points
5 Price Proposal 25 points
Total: 100 Points
1.9 SELECTION PROCESS
Phase 1: Staff Level Review for Compliance with Minimum Requirements.A member of City
Staff shall review and evaluate the Proposals submitted to ensure the minimum requirements of
the RFP have been met. The City Manager or designee may reject those Proposals that do not meet
the minimum requirements of the RFP.
Phase 2: Evaluation Committee Review. The City Manager or City Manager’s designee will
appoint an Evaluation Committee to review and evaluate the responsive Proposals during a public
meeting (the City will provide instructions on how to participate and access the meeting). The
Evaluation Committee reserves the right to request additional information or seek clarifications as
it deems necessary. Failure to comply with any mandatory requirements may disqualify a
proposal. The Evaluation Committee reserves the right to conduct interviews or require
presentations prior to finally ranking the Proposers. The Evaluation Committee shall select in
order of preference and rank the firm(s) it deems to be the responsible to perform the required
services using the evaluation criteria set forth above. The responsible Proposer shall be a person
who has the capability in all respects to fully perform the contract requirements and the tenacity,
perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial
resources and credit which will give a reasonable expectation of good faith performance, and a
person who has submitted a proposal which conforms in all material respects to the RFP (the
“Responsible Proposer”).
Phase 3: Oral Presentations Before Evaluation Committee (if requested).The Evaluation
Committee may call the short-listed Proposers for oral presentations before the Evaluation
Committee regarding their Proposal, approach to the Services, and ability to furnish the required
Services. The Proposer’s Project Team and their subconsultants/subcontractors shall be present at
the assigned time for a 20-minute presentation followed by up to a 10-minute question-and-answer
session. The Proposers are encouraged to be represented only by the Lead/Project Manager and
the staff identified in the Proposal. Additional details on the oral presentations may be provided to
the short-listed Proposers.
If oral presentations are requested by the Evaluation Committee, the oral presentation will be worth
25% of the final Evaluation Committee scoring and the original Proposal will be worth 75%. The
City will notify the Proposers where the oral presentations, if any, will be conducted and whether
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RFP No. 2024-XX Section 1 Page 9 of 12
the Proposers may appear virtually or must appear in person. The Evaluation Committee shall rank
the Proposers and provide its written recommendations to the City Manager.
Phase 4: Recommendation to City Commission. After short-listing of the top three Proposers
deemed to be responsible by the Evaluation Committee, the City Manager will present a
recommendation to the City Commission with the Evaluation Committee’s rankings and
recommendations for consideration by the City Commission and the City Manager’s
recommendation for award or rejection of all proposals for approval at a Commission meeting.
Phase 5A: Oral Presentations before City Commission (if requested).At the City
Commission’s sole discretion, short-listed Proposers may be called to provide an oral presentation
before the City Commission explaining the Proposal and the approach to the implementation of
the Project. If the City Commission requests oral presentations, an Addendum to the RFP will be
issued outlining the procedures, evaluation criteria, and/or such other necessary instructions that
will govern the requested oral presentations.
Phase 5B: City Commission Meeting to Select and Award Agreement to Responsible
Proposer(s).The City Commission may select the Proposal of the Responsible Proposer(s) that it
determines is the most responsive Proposal that is most advantageous to the City, taking into
consideration all aspects of the Proposer’s Proposal and authorize the City Manager to execute an
agreement with the selected Proposer(s). The City Commission shall have the final authority to
select the Proposer(s) and award any Agreement(s).
Phase 6: Negotiations and Execution of Agreement. After selection of the Proposer(s) by the
City Commission, the City Manager or designee(s) shall execute an Agreement in substantially
the form attached hereto as Exhibit “A”with the selected Proposer(s) at compensation that the City
Manager, in his/her sole discretion, determines is fair, competitive, and reasonable and with terms
that incorporate the major terms and conditions contained in this RFP. Any award and execution
of an agreement shall be subject to approval by the City Attorney as to form, content, and legal
sufficiency. Should the City Manager be unable to negotiate a satisfactory contract with the
selected Proposer at a price the City Manager determines to be fair, competitive, and reasonable,
negotiations with that Proposer may be terminated. The City Manager or designee(s) shall then
undertake negotiations with the next highest-ranked Proposer, and, if negotiations are terminated,
shall continue to each next highest-ranked Proposer until a satisfactory contract may be negotiated.
Phase 7: City Commission Meeting to Approve Agreement(s) with Proposer(s)(if requested).
Upon reaching mutually agreeable terms with the selected Proposer(s), the Agreement(s) for each
selected Proposer shall be presented to the City Commission for final approval.
The City reserves the right to reject any or all proposals which is in any way incomplete or
irregular, re-issue the entire solicitation, or enter into agreements with more than one Proposer.
1.9.CITY’S RIGHTS; WAIVER OF IRREGULARITIES.
The City reserves the right to reject any or all proposals which is in any way incomplete or
irregular, re-Proposal the entire solicitation, or enter into contracts with more than one
Contractor.
The City reserves the right to accept or reject any and/or all Proposal or parts of Proposal, to
workshop or negotiate any and all Proposal, to select and award Proposer(s) for all or any of the
Work, waive irregularities in Proposal, to cancel or discontinue this RFP process, and to request
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RFP No. 2024-XX Section 1 Page 10 of 12
new Proposal on the required Work or services. The City Commission shall make the final
determination and award of Proposal(s).
All materials submitted in response to this Request for Proposals become the property of the City
and will be returned only at the option of the City. The City has the right to use any or all ideas
presented in any Proposal or responses to the RFP, whether amended or not, and selection or
rejection of Proposal does not affect this right.
1.10.CODE OF ETHICS PROVISIONS.
1.10.1. Cone of Silence.
The provisions of City’s Cone of Silence are applicable to this RFP. The City’s Cone of Silence
provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding
the Cone of Silence may be sent to:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a
competitive solicitation such as a request for proposal, request for qualification, request for
information or invitation/request for Proposal, between a potential vendor, service provider,
proposer or Proposer (hereinafter referred to as the "potential Proposer"), or agent, representative,
lobbyist or consultant for the potential Proposer; (hereinafter referred to as the "Proposer's
representative"); and
(i) Members of the City Commission; or
(ii) City's professional staff; or
(iii)Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-Proposal conferences or at any duly noticed
public selection or negotiation committee meeting or duly noticed public City
commission meeting at which the City Manager has placed the subject of the
solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in F.S. § 286.0113;
(iii)Briefings made by the City Manager or his designee to the City Commissioners during
a meeting following the completion ofthe selection or negotiation committee meetings;
(iv)Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited
by the applicable competitive solicitation documents. This section shall not be
construed to prevent written communication between City professional staff and any
City selection, evaluation or negotiation committee. A copy of any written
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RFP No. 2024-XX Section 1 Page 11 of 12
communication made during the cone of silence shall be contemporaneously filed with
the City clerk by the potential Proposer or Proposer's representative. The City clerk
shall make copies available to any person upon request;
(v) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's purchasing agent or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation;
(vi)Communications with the City attorney and his or her staff;
(vii)Communications during any duly noticed site visits to determine the competency
and responsibleness ofProposers regarding a particular Proposalduring the time period
between the opening of proposals and the time the City Manager makes a written
recommendation;
(viii)Any emergency procurement of goods or services pursuant to City code;
(ix)Responses to a request made by the City's purchasing agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(x) Communications prior to Proposal opening between City's professional staff and
potential Proposers and/or Proposer's representatives to enable City staff to seek and
obtain industry comment or perform market research, provided all communications
related thereto between a potential Proposers and/or Proposer's representatives and any
member of the City's professional staff including, but not limited to the City Manager
and his or her staff, are in writing or are made at a duly noticed public meeting.
1.10.2. Lobbying Prohibited. All potential Proposers and their agents who intend to submit,
or who submitted, a Proposal or response to this solicitation, are prohibited from
lobbying, individually or collectively, any City Commissioner, candidate for City
Commissioner, or any employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal
entity), firms, or legal entities such as a corporation, partnership or limited liability
company, employed or retained by a principal (including an officer of the principal
or an employee of the principal whose duties include marketing, or soliciting
business, for the principal) who seeks to encourage the passage, defeat, or
modifications of (1) ordinance, resolution, action or decision of the City Commission;
(2) any action, decision, recommendation of the City Manager or any City board or
committee; or (3) any action, decision or recommendation of City personnel during
the time period of the entire decision-making process on such action, decision or
recommendation which foreseeably will be heard or reviewed by the City
Commission, or a City board or committee.
Contact may only be made through regularly scheduled Commission meetings, or
meetings scheduled through the Procurement Division, which is for the purpose of
obtaining additional or clarifying information or as otherwise provided for in the
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RFP No. 2024-XX Section 1 Page 12 of 12
City’s Cone of Silence. Any presentation before a selection committee is considered
to be lobbying; however, the presentation team may avoid formal registration by
complying with section 8A-5(c)(9), of the City Code of Ordinances and completing
Attachment B to this RFP. Any person who submits a proposal, whether solicited or
unsolicited, on behalf of his or her principal or his or her employer is considered to
be a lobbyist and must register. An officer or manager of a legal entity who is
submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist.
All Proposers are strongly encouraged to review Section 8A-5 of the City Code of
Ordinances for further information.
To register as a lobbyist, please contact the City Clerk at:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION 1
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RFP No. 2023-XX Section 2 Page 1 of 6
SECTION 2
SCOPE OF PROJECT DEVELOPMENT
2.1.PROJECT BACKGROUND AND CHRONOLOGY
The City of South Miami (the “City”) is centrally located in Miami-Dade County and is closely
located to important countywide resources, including the South Miami Metrorail Station, South
Miami Hospital, Sunset Place, the University of Miami, and other major commercial and
governmental assets. In order to revitalize the City’s downtown area, the City is seeking proposals
from experienced Proposers to purchase or lease the City-owned “Lot B” located at 5818 SW 71st
Street, South Miami, Florida (“Property”) in order to develop, maintain, and operate the Property
with a project that includes a hotel component, and may additionally feature other uses, such as
residential, commercial, office, and/or a first floor public parking component (the “Project”).
Figure 1. Aerial of “Lot B”
Currently, the Property is a 18,650 square foot (~0.43 acre) surface parking lot located within the
City’s Specialty Retail (SR) District and is subject to the Hometown District Zoning Overlay.
Additionally, the Property is designated Mixed-Use Commercial Residential (4 Stories) within the
City’s Future Land Use Map (FLUM). However, the City may, at its sole discretion, consider
changes to the zoning and land use regulations governing the Property to ensure its profitability
and success. Towards that end, Proposers should identify whether their proposal requires any
zoning or land use changes and provide an explanation supporting the proposed changes it
determines are required or advisable to implement the Project as proposed . In particular,
Proposers should identify what changes if any to parking requirements (including number and
allowable location) would be advisable to implement their proposal.
2.2 DEVELOPMENT VISION AND GOALS
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RFP No. 2024-XX Section 2 Page 2 of 6
The City is seeking proposals from experienced Proposers with a proven track record of
undertaking and successfully completing profitable, multi-component, mixed-use developments at
the Property.
A.Proposals submitted in response to this RFP must include a Development Master Plan
for the Project. The Development Master Plan shall include a hotel component, and may
additionally provide for any combination of residential, commercial, and office uses, and/or a
first floor public parking component to replace the existing number of parking spaces currently
on the Property. The Proposal should address the parking needs of the development and provide
for parking either on the Property, or propose off-site or alternative parking arrangement.
B.The major objective of this RFP is to provide a hotel use on the Property as expeditiously
as is feasible under prevailing market conditions and to generate immediate revenue pursuant to
a sale or long-term lease that can fund placemaking improvements on the Sunset Drive corridor
and Hometown/Town Center District.
C.Proposals with aggressive Project development schedules and which propose to quickly
develop the entire Property are strongly encouraged. The proposed Project Schedule will be a
major factor in the evaluation of Proposals. While the City desires proposed Project Schedules
that anticipate commencement of construction within one (1) year, Proposers are also cautioned
to propose realistic Project Schedules as the Agreement resulting from this RFP will contain
damages for failing to complete the development within the proposed schedule.
D.The City anticipates awarding an Agreement for the sale subject to a deed restriction to
develop, operate, and maintain the Property, or lease for a term not to exceed fifty (50) years
with a right and obligation to.
2.3 DEVELOPMENT MASTER PLAN.
2.3.1. Development Master Plan.Proposer’s Proposal must contain an analysis of the
development approach and plan for development of the proposed Project; the Development
Master Plan. The Development Master Plan must:
A.Provide an executive summary describing the proposed Development Master Plan and
the Proposer’s general approach to developing, constructing, maintaining, operating, and
managing the proposed Project. The summary must also include an explanation of why the
proposed development is the highest and best use of the Property and the method used in
making that determination.
B.Provide a description of the overall proposed Development Master Plan. The
Development Master Plan shall include a description of the Proposer’s concept for the entire
Property, the number of hotel rooms, the number of parking spaces, and the approximate
floor area of each other component, if any.
C.Provide a conceptual site plan of the Project, including elevations, proposed parking
infrastructure (including the public parking component), and other structures and features,
including roadways, sidewalks, open areas, landscaping, etc.
D.Provide a table for each Project component with gross floor area proposed for each use,
and other relevant information, such as lot coverage, setbacks, open space, parking, etc.
E.Provide detailed description of each development component, including square footage
proposed for each use within the component.
F.Provide an analysis of parking needs and a proposal for meeting them, together with the
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RFP No. 2024-XX Section 2 Page 3 of 6
public parking component to replace parking currently on the property, if any.
G.Provide a copy of Proposer’s quality control procedures for previous projects and identify
the quality control procedures and mechanisms that will be implemented for the proposed
Project.
H.Explain how the Project complies with zoning requirements. Alternatively, explain what
zoning and land use changes would be required to implement the Project.
I.Describe the Proposer’s methodology in obtaining the required regulatory approvals and
building permits and complying with applicable developmental regulations, and the plan for
securing and recording of all property rights necessary for the successful construction,
operation, and use of the Project.
J.Provide an analysis of the economic impacts of the proposed development to include the
following information:
1.Estimated annual ad valorem taxes directly generated by the development for the
City;
2.Estimated impact fees;
3.Proposed improvements to area infrastructure;
4.Estimated permit fees;
5.Number of jobs to be generated during construction;
6.Number of permanent jobs created by development;
7.Estimated number of indirect jobs to be created by the development; and
8.The total monetary value of the Project, including parking improvements provided to
the City. Please be advised that the City’s total monetary value (cash and/or
improvements) received as a part of the Proposal shall be equal to or greater than the
value of the Property as determined by an independent property appraiser selected by
the City.
K.Explain why the proposed development is appropriate at the Propertyand complementary
to existing and future development in the surrounding area.
L.Describe the elements that will serve to transform the Property into an exciting and
vibrant destination attractive to businesses, community residents, visitors and business
patrons.
M.Describe the energy efficiency, sustainability, and resiliency features to be included in the
development, including the energy efficient standards met (e.g. LEED, Green Globes, etc.),
and how such features comply with the requirements imposed on municipal government
buildings in the City.
N.Describe the Project management approach, including:
1. Approach to leading the Project Team through Project administration,
2. Day-to-day project management and reporting,
3. Design management,
4. Document management,
5. Contract management,
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RFP No. 2024-XX Section 2 Page 4 of 6
6. Change management,
7. Quality Control/Quality Assurance,
8. Risk management,
9. Operations, and
10. Any other areas that Proposers believes may be of interest to the City.
2.3.2. Project Schedule.The Proposer’s proposal must include a project implementation schedule.
The Project Schedule must:
1.Provide a realistic, detailed Project Schedule for the development, from award of an
Agreement to the issuance of the last Certificate of Occupancy, identifying key tasks and
duration of each.
2.At a minimum, the Project Schedule must contain the following key tasks for the Project,
if applicable (Specify the proposed duration of each task in number of months from award
of an Agreement until completion of each task.):
a. Time period from award of Agreement until completion of design;
b. Time period from award of Agreement until commencement of construction; and
c. Time period from award of Agreement until issuance of Certificate of Occupancy
or Certificate of Completion
Note: Proposers are cautioned to be realistic in proposing the above-described time periods as
this information will be relied upon in evaluating proposals and in establishing the Project
Schedule. The Agreement resulting from this RFP will include damages for failing to complete
the key tasks included in the Project Schedule.
2.4 PROPOSER’S RESPONSIBILITIES
A.After award of an Agreement, the Proposer shall be responsible for all aspects related to
and payment of all expenses associated with the planning, construction, maintenance, and
operation of the proposed Project at the Property, including but not limited to, the following:
1.Securing all financing as required by the Agreement resulting from this RFP and payment
of all costs related to the planning, construction and operation of the proposed Project.
2.Obtaining certified, insured, experienced and reputable architectural, engineering, and
construction services including a general contractor, project manager and subcontractors for
the Project.
3.Duly applying for, obtaining and maintaining any and all permits, licenses, easements,
property rights and approvals, necessary prior to and after construction;
4.All development fees imposed in connection with the development by the City or any
other agency of appropriate jurisdiction.
5.All off-site public improvements and/or infrastructure required for development of the
Property (streets, street widening, streetlights, sidewalks, water/sewer infrastructure,
landscaping, etc.) will be the responsibility of the Proposer.
6.Extension, relocation and/or upgrading of utilities, including utilities serving existing
City facilities, or connection of new utilities, if necessary.
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RFP No. 2024-XX Section 2 Page 5 of 6
7.Any alteration, relocation, or replacement of any City and/or private facilities, either
temporary or permanent, and with any measures required to maintain City and/or private
operations during development shall be at the sole cost of the Proposer.
8.Submission of plan(s) to mitigate any disruption to City, other public and/or private
operations and/or impacts to City, public and/or private facilities. The plan(s) must be
approved in writing by the City prior to commencement of any work that may impact City
or private operations and/or facilities. Any damage or impacts to City, public, and/or private
systems, facilities, or operations resulting from activities undertaken or authorized by the
Proposer must be immediately remediated at the Proposer’s sole expense. If required by the
City, the Proposer must prepare and submit a mitigation and remediation plan. The plan must
receive the written approval of the City and be executed by the Proposer.
9.Certain activities which may potentially impact City facilities and/or operations may
require that City employees or representatives monitor and coordinate such activities. The
Proposer shall be responsible for all costs incurred as a result of such activities, including
payment for costs incurred by the City in providing County employees or representatives to
monitor and coordinate the activities.
10.The Proposer shall be solely responsible for any additional environmental review and
assessments required by any authority having jurisdiction over such matters including any
and all studies and analyses required for such review and assessments and for any
remediation of the Site if required, at its sole expense of the Proposer.
11.Filing of Agreement or any other agreements resulting from this RFP and payment of all
recording fees.
12.Payment of any and all taxes associated with the development of the property, including
but not limited to, ad valorem real estate taxes, that may be associated with the Project and/or
the property.
13.Submission of monthly status reports to the City regarding the Project development upon
award of Agreement. Frequency, subject matter and details covered in status reports will be
determined by the City and may be changed at any time at the discretion of the City.
14.Commencement and completion of the construction of the Project in a timely manner in
accordance with the Agreements resulting from this RFP and all applicable rules, regulations,
ordinances and standards required by the City and any other applicable regulatory agency.
15.Prior to construction, the Proposer’s designated Project Manager, its Contractors and/or
Subcontractors, and any other employees and/or representatives of the Proposer as the City
may require, will be required to meet with City staff to provide relevant information and to
coordinate construction related activities. Upon commencement of construction, such
meetings will be required as frequently as deemed appropriate by the City.
16.If required by the City the Proposer shall participate in community outreach activities.
17.Obtaining bonding and/or assurance of completion as required by law and as acceptable
to the City.
18.Obtaining all insurance coverages as required by the City.
19.Applying for and obtaining any zoning changes and/or any other land use planning
changes and/or waivers from the appropriate agency having jurisdiction. (The City does not
make or offer any representation or warranty that any such requested changes will be
granted.);
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RFP No. 2024-XX Section 2 Page 6 of 6
20.Obtaining any and all access permits from the state, county, City and/or any authority
having such jurisdiction.
B.The Property is being offered for development on an “as is” basis. The Proposer is solely
responsible for completing a comprehensive due diligence process regarding development of the
Property. The City disclaims all responsibility and liability for the completeness or accuracy of
any information that it provides.
C.Acceptance by the City of the Proposer’s Proposal for the Property does not constitute or
imply any type of representation or warranty, whatsoever, regarding the condition of the
property, its suitability for the uses contemplated by this RFP or the Proposal or that development
approvals or permits will be issued for the uses contemplated in the Proposal. The Proposer shall
be solely responsible for obtaining all such approvals and permits and for resolving any
objections to the proposed uses, regardless of the source of such objections. The City does not
guarantee or represent, in any way, that it will provide support or assistance to the Proposer in
obtaining development approvals or permits or resolving objections to the proposed uses,
including but not limited to, objections to such uses by community organizations, community
activists, elected City officials or officials charged with issuing such approvals and permits.
D.In the event that the Proposer fails, for any reason, to secure adequate financing for
development as described, and in conformity with the schedule contained in the Agreement
resulting from this Solicitation, the City reserves the right to terminate any agreement(s)
resulting from this Solicitation.
E.The proposed financing of the Project may not allow for the cross-collateralization or
cross-defaulting with any other property, project or other assets.
END OF SECTION 2.
25
SECTION 3.
TERMS AND CONDITIONS
3.1.PURPOSE OF PROPOSAL.
The City intends to award an Agreement for implementation of the Project from a qualified firn(s)
that meetsthe requirements of this RFP and is most advantageous to the City and in its best interest.
The City reserves the right to award the Proposal(s) considered to best serve the City’s interests.
3.2.DELIVERY.
All equipment, materials, and goods in connection with the Work shall be delivered F.O.B.
destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included
in the Proposal pricing. Exceptions should be noted.
3.3.EQUIPMENT.
Any equipment or products used by Contractor to provide Work pursuant to this RFP shall remain
the property of the Contractor. In the event equipment or products used by the Contractor are
found to be defective, of unsatisfactory quality, or do not conform to the requirements of this RFP
or the Specifications, the City reserves the right to reject the equipment or product(s), at the
Contractor’s expense.
3.4.OMITTED.
3.5.PROPOSAL COSTS.
Proposers submitting Proposal do so entirely at their own cost and expense. There is no expressed
or implied obligation by the City to reimburse any individual or firm for any costs or expenses
incurred in preparing or submitting Proposal, providing additional information when requested by
the City, or for participating in any selection interviews.
3.6.LICENSES AND PERMITS.
Proposer shall secure any and all necessary and required licenses, certifications and permits to
conduct the Work, including, but not limited to, all Federal, State, County and City licenses and
permits. All Proposers must provide the necessary documentation to demonstrate that they meet
all applicable licensing and permitting requirements.
By submitting a Proposal in response to this RFP, Proposer represents and warrants to the City
that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by
any other governmental authority or agency to perform the Work. Proposer represents and warrants
to the City that the Licenses shall be in full force and effect on the date of performance of the Work
and further represents that it holds and will hold all Licenses throughout the term of the Agreement.
Proposer shall provide the City with copies of all Licenses and any additional permits that may be
required for performance of the Work with its Proposal and during the term of the Agreement.
Where the Contractor is required to enter onto City property, public rights-of-way or other property
to deliver equipment or to perform the Work as a result of a Proposal award, the Contractor will
assume the full duty, obligation and expense of obtaining all necessary approvals, licenses,
permits, inspections and insurance required. The Contractor shall be liable for any damages or
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RFP No. 2024-XX Section 4 Page 2 of 7
loss to the City property, or other property or persons, occasioned by the acts or omissions, or the
negligence of the Proposer (or their agent) or any person the Proposer has designated in the
performance of the Work, as a result of the Proposal.
3.7.INSURANCE.
3.7.1.If selected, the Contractor shall secure and maintain throughout the duration of the
awarded contract insurance of such types and in such amounts not less than those
specified below as satisfactory to City, naming the City as an Additional Insured,
underwritten by a firm rated A-X or better by A.M. Best and qualified to do business
in the State of Florida. The insurance coverage shall be primary insurance with respect
to the City, its officials, employees, agents and volunteers naming the City as
additional insured. Any insurance maintained by the City shall be in excess of the
Contractor’s insurance and shall not contribute to the Contractor’s insurance. The
insurance coverages shall include at a minimum the amounts set forth in this section
and may be increased by the City as it deems necessary or prudent. Copies of
Contractor’s actual Insurance Policies as required herein and Certificates of Insurance
shall be provided to the City, reflecting the City as an Additional Insured. Each Policy
and certificate shall include no less than (30) thirty-day advance written notice to City
prior to cancellation, termination, or material alteration of said policies or insurance.
All coverage forms must be primary and non-contributory and the Contractor shall
provide a waiver of subrogation for the benefit of the City. The Contractor shall be
responsible for assuring that the insurance policies and certificates required by this
Section remain in full force and effect for the duration of the Work.
3.7.1.1.Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury and
Property Damage. This Liability Insurance shall also include Completed
Operations and Product Liability coverages and eliminate the exclusion with
respect to property under the care, custody and control of Contractor. The
General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
3.7.1.2.Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer’s Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the
Contractor shall be allowed to provide Work pursuant to this RFP who is not
covered by Worker’s Compensation insurance.
3.7.1.3.Business Automobile Liability with minimum limits of $1,000,000.00 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include Owned, Hired, and
Non-Owned Vehicles.
3.7.2.The Contractor agrees to indemnify, defend and hold harmless the City from and
against any and all claims, suits, judgments, losses, damages, executions and/or
liabilities as to bodily injuries and/or property damage which arise or grow out of the
Agreement or Contractor’s performance of the Work required by this RFP.
3.7.3.The Contractor shall also, upon request by the City, provide copies of all official
receipts and endorsements as verification of Contractor's timely payment of each
insurance policy premium as required by the Agreement.
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RFP No. 2024-XX Section 4 Page 3 of 7
3.7.4.THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
3.8.BONDS. The selected Contractor must, prior to performing any portion of the Work and
within three (3) days of the Effective Date of the Construction Contract, deliver to the City
the Bonds required to be provided by Proposer hereunder and the Construction
Contract(collectively, the “Bonds”). The City, in its sole and exclusive discretion, may
also require other bonds or security, in order to guaranty that the awarded contract with
the City will be fully and appropriately performed and completed. The surety providing
such Bonds must be licensed, authorized, and admitted to do business in the State of
Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The
cost of the premiums for such Bonds shall be included in the contract price. If notice of
any change affecting the scope of services/work, the contract price, contract time, or any
of the provisions of the Construction Contract is required by the provisions of any bond
to be given to a surety, the giving of any such notice shall be the selected Contractor’s sole
responsibility, and the amount of each applicable bond shall be adjusted accordingly. If
the surety is declared bankrupt or becomes insolvent or its right to do business in Florida
is terminated or it ceases to meet applicable law or regulations, the selected Contractor
shall, within five (5) days of any such event, substitute another bond (or Bonds as
applicable) and surety, all of which must be satisfactory to the City.
3.8.1.Performance Bond.If this provision is selected, the selected Contractor must deliver
to the City a performance bond in an amount equal to 100 percent of the price
specified in the contract. The performance bond shall provide that the bonding
company will complete the project if the selected Contractor defaults on the contract
with the City by failing to perform the contract in the time and manner provided for
in the contract.
3.8.2.Payment Bond.If this provision is selected, the selected Contractor must deliver to
the City a payment bond in an amount equal to 100 percent of the price specified in
the contract. The payment bond shall provide that the bonding company or surety will
promptly pay all persons who supply labor, materials, or supplies used directly or
indirectly in the performance of the work provided for in the contract between the
selected Contractor and the City if the selected Contractor fails to make any required
payments only.
3.8.3.Waiver of Bonds. If this provision is selected, the City Manager has waived or
limited the requirements contained herein for payment or performance bonds upon
such circumstances as are deemed in the best interest of the City. If the requirement
for a payment bond is waived, the City shall select this box:☒. If the requirement for
a performance bond is waived, the City shall select this box:☒.
3.9.PROPOSAL GUARANTY/PROPOSAL BOND.Each Proposal must be accompanied
by a Proposal Bond or Cashier’s Check, in the amount of $______, in the form provided
in Form 10. Proposal Guaranty shall be made by certified or cashier's check or by a
Proposal bond made payable to the City and provided by a surety company authorized to
do business as a surety in the state. All Proposal Bonds shall be valid for a period of at
least 90 days from the Proposal submission date. The Proposal Bonds for all unsuccessful
proposals shall be returned after the 90-day period. The purpose of the Proposal bond is
to ensure that proposals are honored and that they remain valid for the required period.
Accordingly, Proposal bonds are subject to forfeiture any time Proposers refuse to honor
their proposals for at least 90 days after Proposal opening. The Proposal Guaranty of the
successful Proposer will be retained until such Proposer has executed a contract and
furnished any payment and performance bonds, along with all insurance policies, licenses,
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RFP No. 2024-XX Section 4 Page 4 of 7
or other documentation that may be required by the City. If the successful Proposer fails
to furnish the required payment and performance bonds, fails to execute and deliver the
contract, or fails to deliver the required insurance policies, licenses, or other
documentation to the office of the purchasing agent within the time specified in the
instructions to Proposers, the City may annul the notice of award and the entire sum of the
Proposal Guaranty shall be forfeited to the City. All Proposal Guarantees of unsuccessful
Proposers will be returned after the Contract is awarded and executed.
If the requirement for a Proposal Guaranty/Proposal Bond is waived, the City shall select
this box:☐.
3.10.COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Contractor shall conduct its operations in compliance with all applicable federal, State, County
and City laws and regulations in providing the Work required by this RFP.
3.11.ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this RFP and
the Agreement without the City’s prior written consent. Any award issued pursuant to this RFP
and monies which may be payable by the City, are not assignable except with the City’s prior
written approval.
3.12.ATTORNEY’S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or
not, Contractor agrees to pay all such costs and expenses including, but not limited to, court costs,
interest and reasonable attorney’s fees.
3.13.CONTRACTOR’S RELATION TO THE CITY.
It is expressly agreed and understood that the Contractor is in all respects an independent contractor
as to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of
the City. This RFP specifies the Work to be performed by the Contractor, but the method to be
employed to accomplish the Work shall be the responsibility of the Contractor, unless otherwise
provided in the Agreement or by the City.
3.14.DISCRIMINATORY PRACTICES.
The Contractor shall not discriminate or deny service, deny access, or deny employment to any
person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The
Contractor will strictly adhere to the equal employment opportunity requirements and any
applicable requirements established by the State of Florida or the Federal Government.
3.15.CANCELLATION.
Failure on the part of the Contractor to comply with the conditions, specifications, requirements
and terms as determined by the City, shall be just cause for cancellation of the award, with the
Contractor holding the City harmless.
3.16.INDEMNIFICATION.
29
RFP No. 2024-XX Section 4 Page 5 of 7
The Contractor shall indemnify, save harmless and defend the City, its officers, agents and
employees from and against any claims, demands or causes of action of whatsoever kind or nature
arising out of any act, error, omission, negligent act, conduct or misconduct of the Contractor, its
agents, servants or employees, in the performance of the Work pursuant to this RFP and/or from
any procurement decision of the City including without limitation, awarding the Agreement to a
Contractor.
3.17.MULTIPLE /OTHER VENDORS.
The City reserves the right to select and award multiple Proposers to provide one, some or all of
the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain
other sources.
3.18.PUBLIC ENTITY CRIME/DISQUALIFICATION.
Pursuant to Section 287.133(3)(a), Florida Statute, all Proposers are advised as follows:
“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 on a contract to provide any goods or services to
a public entity, may not submit a Proposal on a contract with a public entity for the construction
or repair of a public building or public work, may not submit proposals on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity and may not transact business with any public entity in excess of the threshold amount
provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.”
3.19.NO CONTINGENCY FEE.
Proposer shall warrant that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Proposer, to solicit or secure the Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for the Proposer, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making the Agreement. For the
breach or violation of this provision, the City shall have the right to terminate the Agreement,
without liability, at its discretion.
3.20.PUBLIC RECORDS; CONFIDENTIALITY.
Proposers are hereby notified that all information submitted as part of or in support of Proposal
submitted pursuant to this RFP are public records subject to public disclosure in accordance with
Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records
Law and this RFP, Florida Law will govern and prevail.
All Proposals submitted in response to this RFP shall become the property of the City. Unless the
information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the
right to utilize any or all information, ideas, conceptions, or portions of any Proposal in its best
interest. Acceptance or rejection of any Proposal shall not nullify the City’s rights hereunder.
30
RFP No. 2024-XX Section 4 Page 6 of 7
Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE PROPOSER HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records:Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
3.21.AMERICAN RESCUE PLAN ACT PROVISIONS.
Proposer acknowledges that the Work or Services may be fully or partially funded utilizing
Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American
Rescue Plan Act (“ARPA”). The selected Contractor shall be required to comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA
Addendum to this solicitation.
If compliance with this section is required, the City shall select this box: .
3.22.GRANT FUNDING.
By submitting a response to this solicitation, Proposers acknowledge that the Work or Services
may be fully or partially funded utilizing funds from the grants listed below (the “Grant”).
Accordingly, by submitting a response to this competitive solicitation, the Proposer warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work
or Services in accordance with the terms and conditions of the Grant(s).
Grant Title Grant Agreement Attachment No.
If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:.
END OF SECTION 3
31
RFP No. 2024-XX Section 4 Page 7 of 7
SECTION 4
PROPOSAL FORM PACKAGE
As provided in the RFP, the following items must be attached to this Proposal:
FORMS STATUS
Form 1 – Proposal Form Package Acknowledgement
Form 2A. Proposer’s Certification (if Company or Corporation)
Form 2B. Proposer’s Certification (if Partnership)
Form 3. Single Execution Affidavits
Form 4. Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6. Proposer’s Qualifications Survey
Form 7. Key Staff and Proposed Subcontractors
Form 8. Reference List
Form 9. Price Proposal
Form 10. Proposal Guaranty
ATTACHMENTS
This competitive solicitation incorporates the following attachments, which should be reviewed
thoroughly and, if applicable, completed prior to submitting a response to this competitive
solicitation.
The City is attaching the following Attachments:
Attachment A.Sample of Contract
Attachment B.Declaration/Affidavit of Representation
32
Form 1 Page 1 of 1
FORM 1
PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Request for Proposals, RFP No.
2024-XX. I agree that my Proposal will remain firm for a period of 180 days after opened by the
City in order to allow the City adequate time to evaluate the Proposal.
I certify that all information contained in this Proposal is truthful to the best of my knowledge and
belief. I further certify that I am duly authorized to submit this Proposal on behalf of the Firm
named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded
the Agreement.
I further certify, under oath, that this Proposal is made without prior understanding, agreement,
connection, discussion, or collusion with any other person, firm or corporation submitting a
Proposal; no officer, employee or agent of the City of South Miami or any other Proposer has an
interest in said Proposal. Furthermore, I certify that the undersigned executed this Proposal Form
with full knowledge and understanding of matters therein contained and was duly authorized.
I further certify that the Proposer acknowledges receipt of all Addenda issued by the City in
connection with the RFP (Check the box next to each addendum received).
______ Addendum 1 Addendum 6
______ Addendum 2 Addendum 7
______ Addendum 3 Addendum 8
______ Addendum 4 Addendum 9
_______ Addendum 5 Addendum 10
Attached hereto are the following forms/documents which form a part of this Proposal:
Form 1.Proposal Form Package Acknowledgement.
Form 2A.Proposer’s Certification (if Company or Corporation)
Form 2B. Proposer’s Certification (if Partnership)
Form 3.Single Execution Affidavits
Form 4.Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6.Proposer’s Qualifications Survey
Form 7.Key Staff & Proposed Subcontractors
Form 8.Reference List
Form 9.Price Proposal
Form 10. Proposal Guaranty (if applicable)
33
RFP No. 2024-XX Section 4 Page 1 of 1
FORM 1
PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
___________________________________________
NAME OF PROPOSER FIRM
____________________________________________
SIGNATURE OF PROPOSER
____________________________________________
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
____________________________________________
____________________________________________
(____) ______________________________________
TELEPHONE NUMBER
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:
)
Did take an oath; or
Did not take an oath
34
Form 2A Page 1 of 1
FORM 2A
PROPOSER’S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF _____________)
) SS
COUNTY OF ___________)
I HEREBY CERTIFY that a meeting of the Board of Directors of
___________________________________________________________________
a corporation or company existing under the laws of the State of _________________________,
held on ______________________, 2024, the following resolution was duly passed and
adopted:
RESOLVED, that, as _____________of the Corporation/Company, be and is hereby
authorized to execute the Proposal dated, __________, 2024 to the City of South Miami
for RFP No. 2024-XX Development of Hometown District Lot “B” Project, and that this
execution thereof, attested by the Secretary of the Corporation/Company, and with the
Corporate/Company Seal affixed, shall be the official act and deed of this
Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the _____________ of ___________, 2024.
_______________________
Secretary
(SEAL)
35
Form 2B Page 1 of 1
FORM 2B
PROPOSER’S CERTIFICATION
(if Partnership)
CERTIFICATE
STATE OF ____________)
) SS
COUNTY OF __________)
I HEREBY CERTIFY that a meeting of the Partners of ____________________
_____________________________________________________________________, a
partnership existing under the laws of the State of _________________________, held on
____________________, 2024, the following resolution was duly passed and adopted:
“RESOLVED, that _____________________________________________,
as_____________________________________________________________of the
Partnership, be and is hereby authorized to execute the Proposal dated ______________,
2024, to the City of South Miami for RFP No. 2024-XX Development of Hometown
District Lot “B” Project from this partnership and that his execution of thereof, attested by
the shall be the official act and deed of this Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________,
2024.
_______________________
Secretary
(SEAL)
36
Form 3 Page 2 of 7
FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO
BY THE PROPOSER OR PROPOSER AND NOTARIZED BELOW. IN THE EVENT
THE PROPOSER OR PROPOSER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT
STATEMENTS, THE PROPOSER OR PROPOSER IS DEEMED TO BE NON-
RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/PROPOSAL.
THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF
SOUTH MIAMI AND ARE STATEMENTS MADE:
By:
For (Name of Proposing or Bidding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing
this sworn statement. SS#:)
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project
complies with all applicable requirements of the laws listed below including, but not limited to,
those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42
USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title
II, Public Services; Title III, Public Accommodations and Services Operated by Private
entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993,
Section 553.501-553.513, Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42 USC Section 3601-3631.
Proposer Initials
37
Form 3 Page 3 of 7
Public Entity Crimes Affidavit
I 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 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 misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of
a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term “affiliate” includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another 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.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which proposals or applies to 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, and partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to
the entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with ad 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
38
Form 3 Page 4 of 7
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 to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida , Division of Administrative Hearings and the final Order entered
by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity
identified in paragraph 1 above is for that public entity only and that this form is valid through
December 31 of the calendar year in which it is filed. I also understand that I am requiredto inform
the public entity prior to entering into a contract in excess of the threshold amount provided in
Section 287.017, Florida Statutes for category two of any change in the information contained in
this form.
Proposer Initials
No Conflict of Interest or Contingent Fee Affidavit
Proposer warrants that neither it nor any principal, employee, agent, representative nor family
member has paid or will pay any fee or consideration that is contingent on the award or execution
of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal,
employee, agent, representative nor family member has procured or attempted to procure this
contract in violation of any of the provisions of the Miami-Dade County and City of South Miami
conflict of interest or code of ethics ordinances. Further, Proposer acknowledges that any violation
of these warrants will result in the termination of the contract and forfeiture of funds paid or to be
paid to the Proposer should the Proposer be selected for the performance of this contract.
Proposer Initials
Business Entity Affidavit
Proposer hereby recognizes and certifies that no elected official, board member, or employee of
the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this
transaction or any compensation to be paid under or through this transaction, and further, that no
City employee, nor any elected or appointed officer (including City board members) of the City,
nor any spouse, parent or child of such employee or elected or appointed officer of the City, may
be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such City
employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in
combination, may have a material interest in the Vendor or Proposer. Material interest means direct
or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any
exception to these above described restrictions must be expressly provided by applicable law or
ordinance and be confirmed in writing by City. Further, Proposer recognizes that with respect to
this transaction or Proposal, if any Proposer violates or is a party to a violation of the ethics
ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
39
Form 3 Page 5 of 7
applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for
Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or
services for which the Proposal or Proposal is submitted and may be further disqualified from
submitting any future proposals or Proposal for goods or services to City.
Proposer Initials
Anti-Collusion Affidavit
1. Proposer/Proposer has personal knowledge of the matters set forth in its Proposal/Proposal and
is fully informed respecting the preparation and contents of the attached Proposal/Proposal and
all pertinent circumstances respecting the Proposal/Proposal;
2. The Proposal/Proposal is genuine and is not a collusive or sham Proposal/Proposal; and
3. Neither the Proposer/Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly with any other Proposer/Proposer, firm, or person to
submit a collusive or sham Proposal/Proposal, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other
Proposer/Proposer, firm, or person to fix the price or prices in the attached Proposal/Proposal
or of any other Proposer/Proposer, or to fix any overhead, profit, or cost element of the
Proposal/Proposal price or the Proposal/Proposal price of any other Proposer/Proposer, or to
secure through any collusion, conspiracy, connivance or unlawful agreement any advantage
against the City or any person interested in the proposed Contract.
__________
Proposer Initials
Scrutinized Company Certification
1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that
Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the
Agreement that may result from this RFP at its sole option if the Proposer or its subcontractors
are found to have submitted a false certification; or if the Proposer, or its subcontractors are
placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of
Israel during the term of the Agreement.
2. If the Agreement that may result from this RFP is for more than one million dollars, the
Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with
Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged with business operations in Cuba or Syria as identified in Section
287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the
Agreement that may result from this RFP at its sole option if the Proposer, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Proposer, its affiliates,
or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or
40
Form 3 Page 6 of 7
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged
with business operations in Cuba or Syria during the term of the Agreement.
3. The Proposer agrees to observe the above requirements for applicable subcontracts entered
into for the performance of work under the Agreement that may result from this RFP. As
provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated
contracting prohibitions then they shall become inoperative.
Proposer Initials
Drug-Free Workplace Affidavit
Proposer hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to
businesses with drug-free workplace programs when two proposals/Proposal are equal with
respect to price, quality, and service. Proposer understands that in order to qualify as a drug-free
workplace, Proposer must:
a) 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 will be taken against employees for violations of such
prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Proposer’s 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.
1)Give each employee engaged in providing commodities or contractual services
under the RFP a copy of the statement specified in subsection (1).
2)Notify employees that, as a condition of working on the commodities or contractual
services under the RFP, the employee must abide by the terms of the statement and will
notify the employer 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) days after such
conviction.
3)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.
4)Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to
the entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance
41
Form 3 Page 7 of 7
with the requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Proposer Initials
City Non-Discrimination Requirements Affidavit
Proposer understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the
City will not enter into or award a contract to an entity engaged in a boycott.
Proposer understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of
South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country,
or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race,
color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status,
age, or disability in a discriminatory manner. The term boycott does not include a decision based
upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that
are specifically authorized or required by federal law or state law.
Proposer certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1
of the Code of the City of South Miami.
Proposer Initials
Acknowledgment, Warranty, and Acceptance
1. Contractor warrants that it is willing and able to comply with all applicable state of Florida
laws, rules and regulations.
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements
of RFP No. 2024-06 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an
agreement without the prior written permission of the City Commission or City Manager, as
applicable.
4. Contractor warrants that all information provided by it in connection with this Proposal is true
and accurate.
Proposer Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
42
Form 3 Page 8 of 7
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:
)
Did take an oath; or
Did not take an oath
43
Form 4
FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”,
please explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by
the Department of Professional Regulations or any other regulatory agency or professional
associations within the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed
from a contract or job related to the services your firm provides in the regular course of business
within the last five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims,
Proposal protests, or litigation in the past five (5) years that is related to the services your firm
provides in the regular course of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest,
and state a brief description of the case, the outcome or status of the suit and the monetary amounts
of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement
or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further
consideration of this Proposal or Proposal for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization,
this day of , 20 , by (name of person)
as (type of authority) for (name
of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
44
Form 5 Page 1 of 1
FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988
Federal Register (pages 19160-19211). Copies of the regulations are available from local offices
of the U.S. Small Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief
that it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective primary participant shall attach an
explanation to this Statement of Qualifications.
Business Name_________________________________________________________
Date_________________________By:
Signature of Authorized
Representative
Name and Title of Authorized
Representative
45
Form 6 Page 1 of 3
FORM 6
PROPOSER’S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and
submitting a response to the RFP, you certify that any and all information contained in the Proposal
is true, that your response to the RFP is made without prior understanding, agreement, or
connections with any corporation, firm or person submitting a response to the RFP for the same
materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud,
that you agree to abide by all terms and conditions of the RFP, and certify that you are authorized
to sign for the Proposer’s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should
be as concise as possible, while including the requested information. In no event should the total
page count of all attachments to this Form exceed five (5) pages. Some information may not be
applicable; in such instances, please insert “N/A”.
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm’s document number with the Florida Division of Corporations and date
the Firm registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm’s category with the Florida Department of Business Professional
Regulation (DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
46
Form 6 Page 2 of 3
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other
Please identify the Firm’s primary business:
Please identify the number of continuous years your Firm has performed its primary business:
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and
any Key Staff, including any active certifications of small, minority, or disadvantaged business
enterprise, and the name of the entity that issued the license or certification:
License/Certification
Type
Name of Entity
Issuing License or
Certification
License No.License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to
your Firm:
License/Certification
Type
Name of Entity
Issuing License or
Certification
License No.License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level
of their signing authority:
Authorized Signor’s Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and
identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, 2
mechanics, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm’s insurance company:
47
Form 6 Page 3 of 3
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please
identify the type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
Owner/Partner Name Title Ownership (%)
Please identify whether any of the owners/partners identified above are owners/partners in another
entity:
□ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and
percent of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other
public entities:
Public Entity
Name
Contact Person Telephone No.Email Address Date Awarded
By signing below, Proposercertifies that the information contained herein is complete and accurate
to the best of Proposer’s knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
48
Form 7 Page 1 of 2
FORM 7
KEY STAFF & PROPOSED SUBCONTRACTORS
KEY STAFF
Please complete the following chart with the Firm’s proposed Key Staff. If additional space is required,
please copy/duplicate this page and attach to this Form. Additional space: □ No □ Yes
Name Title Years of
Experience
Years
with
Firm
Licenses/Certifications
Please explain the Firm’s ability and resources to substitute personnel with equal or higher qualifications
than the Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific
request by the City:
Please identify each Key Staff member’s engagement commitments that will exist concurrently with the
City’s Services:
Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
49
Form 7 Page 2 of 2
Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
PROPOSED SUBCONTRACTORS
The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to
utilize for the major areas of work for the services. The Proposer is further notified that all subcontractors
shall be properly licensed, bondable, and shall be required to furnish the City with a Certificate of Insurance
in accordance with the contract general conditions. Failure to furnish this information shall be grounds for
rejection of the Proposer’s RFQ submission. (If no subcontractors are proposed, state “None” on first line
below.)
Subcontractor Name & Address Scope of Work License Number
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
50
Form 8 Page 1 of 3
FORM 8
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
PROPOSER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
51
Form 8 Page 2 of 3
REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
52
Form 8 Page 3 of 3
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
53
Form 9 Page 1 of 1
FORM 9
PRICE PROPOSAL
[TO BE DEVELOPED]
54
Form 10 Page 1 of 2
FORM 10
PROPOSAL GUARANTY
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal and Proposer, and
Hereinafter called Surety, are held and firmly bound unto the City of South Miami, a municipality within the State of
Florida, and represented by its City Manager, in the sum of five percent of the proposed annual base Proposal amount
of: $(Written Dollar Amount) dollars
($______________________) lawful money of the United States of America, for the payment of which well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by
these presents.
WHEREAS, the Principal contemplates submitting or has submitted, a Proposal to the City of South Miami for the
furnishing of all labor, materials (except those to be specifically furnished by the City), equipment, machinery, tools,
apparatus, means of transportation for, and the performance of the work covered in the Proposal and solicitation,
entitled:
IN WITNESS WHEREOF, the said as Principal herein, has caused
these presents to be signed in its name by its
and attested by its
under its corporate seal, and the said
as Surety herein, has caused these presents to be signed in its name by its
and attested in its
name by its under its
corporate seal, this day of , 20___.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Principal/Firm:
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Attorney-In-Fact:
(Power of Attorney to be attached)
Witness #2 Print Name: Resident Agent
55
Form 10 Page 2 of 2
FORM 11
COST RECOVERY AGREEMENT
Proposer acknowledges and agrees that the cost recovery deposit submitted with its proposal is non-refundable.
Proposer further acknowledges and agrees that, if selected for award by the City Commission, it shall be required to
submit an additional cost recovery deposit in an amount to be determined by the City Manager, to be applied to the
City’s costs incurred in connection with implementing the award. Such cost recovery deposit shall be due prior to
negotiations and shall be replenished as necessary.
IN WITNESS WHEREOF, the said as Principal herein, has caused
these presents to be signed in its name by its
and attested by its
under its corporate seal, has caused these presents to be signed in its name by its
and attested in its
name by its under its
corporate seal, this day of , 20___.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Principal/Firm:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization,
this day of , 20 , by (name of person)
as (type of authority) for (name
of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
56