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2TO: FROM: DATE: Resolution: Background: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75 th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander, City Manager Kelly Barket, Jr., Chief Superintendent of Public Works February 18, 2014 2001 A Resolution authorizing the City Manager to enter into a contract with Maggolc Inc. for a contract price not to exceed $21,848.85 for the SW 61st Avenue Drainage Project. Complaints from residents indicate flooding along the swale of SW 61 st Avenue, North of SW 76th Street, to the edge of 7541 SW 61 st Avenue property. The installation of a new catch basin will address the drainage issue. The scope also includes new asphalt on the right of way for parallel parking on the east side of road, sodding, curb and gutter. A Request for Proposals was advertised for the project. Vendors attended a mandatory pre-bid meeting on October 21, 2013, and five (5) bids were received on October 31, 2013, shown below: JVA Engineering Inc. Maggolc, Inc. Roadway Construction, LLC R.P. Utility V Engineering & Consulting, Corp. $29,440 $18,999 $37,000 $29,850 $34,900 The bids were reviewed and it was determined that Maggolc Inc. is the lowest, most responsive and responsible bidder for the SW 61 st Avenue Drainage Project. Due to the nature of the work, there may be unknown factors that may arise. To account for this, a 15% contingency over the proposal amount of $18,999 is requested. The contingency amount shall not exceed $2,849.85. The total possible expenditure, including the contingency amount, will total $21,848.85. Expense: Purchase Order amount not to exceed $21,848.85. Account: The expenditure shall be charged to the Storm Water Drain Trust Fund account number 111-1730-541-6490, which has a balance of $415,000. Attachments: Pre-bid meeting sign-in sheet Bid Opening Report Maggolc RFP bid Design 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to enter into a contract with Maggolc Inc. for a contract price not to exceed $21,848.85 for the SW 61 st Avenue Drainage Project. WHEREAS, the Mayor and City Commission wishes to provide drainage improvements on SW 61 st Avenue, and WHEREAS, vendors attended a mandatory pre-bid meeting on October 21, 2013 and 5 bids were received on October 31, 2013; and WHEREAS, pursuant to an evaluative process, it was determined that Maggolc, Inc. submitted a proposal in the amount of $18,999 that is comprehensive and cost effective in its construction approach. WHEREAS, the City desires to provide a 15% contingency over the proposal amount of $18,999, for unknown factors that may arise during the work, for an amount of not to exceed $2,849.85; and WHEREAS, the work shall consist of construction services on SW 61 Avenue, North of SW 76th Street; and WHEREAS, the total expenditure, including the contingency amount, is not to exceed $21,848.85; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with Maggolc, Inc. for the SW 61 st Avenue Drainage Project for an total amount not to exceed $21,848.85. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to enter into a contract with Maggolc, Inc. for the SW 61 st Avenue Drainage Project for an amount not to exceed $21,848.85. Section 2: The expenditure shall be charged to the Storm Water Drain Trust Fund account number 111-1730-541-6490 which has a balance of $415,000 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ___ day of ______ , 2014. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 1 Pre-Bid Conference Sign-In Sheet Date: October 2 2013 ,,-.-._ .... _----_ .... RFP Title: _SW 61 Avenue Sw~leJm~EQ~~.I!lents RFP No.: PW-2-13-10 4 ,Hale.-Ga(d~ 5 j.{ a no C; cJ Vf z J e 2- 6 7 8 9 10 _ .. _._-+-_._. __ ....... _-_ .. __ ... -_ ............. - 11 __ . ..L............... .. ..... _ .. _ ... """."_"'''''_''""",_ .. ,, __ ..... C:\Users\skulick,CSM j \[)ocumcnts\South Miami\Tcmplates\Prc-Bid Meeting Sign-In Sheet.doc . . 4>osQ1Ooawr ,; I BID OPENING REPORT Bids were opened on: Thursday, October 31. 2013 after: 10:00am For: RFP# PW-2013-10 -SW 61 AVE SWALE IMPROVEMENT COMPANIES THAT SUBMITTED PROPOSALS: _~_ .... ~~ ~ ____ ,,~~_ .. ____ ._ ... _. __ ~ ___ .... ___ ~_~_. ___ ... ~_. __ . __ ~._N _____ ~~~,.~ __ ... __ ~~~ __ ~~.~.~~ INC ROADWAY R. P. UTILITY & V ENGINEERING & City of South Miami Request for Proposal for SW 61 Avenue Swale Improvements RFP RFP # PW -2013 -10 Submittal Due Date: October 3 I, 2013 CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh CHARTERED OFFICIALS City Manager: Steven Alexander Thomas Pepe, Esq. City Attorney: City Clerk: Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence, Integrity and Inclusion" Page I of 69 South Miami bOd ;'mp lUll'! THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 BID FORM I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price. within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP. Invitation for Proposals and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract. the Bonds. Insurance Policy with appropriate endorsements. Insurance Certificate, and other documents required by the RFP. within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the RFP Documents and of the following Addenda. if any (receipt of all which, is hereby acknowledged.) !~(,'\...-'e/ Addendum No. Dated: ---------------- Addendum No. Dated: ------------------- Addendum No. Dated: ---------------- Addendum No. Dated: ------------------- Addendum No. Dated: Addendum No. Dated: ------------------- b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost. progress. performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations. investigations. explorations. tests. reports or similar information or data are. or will. be required by Respondent for any reason in connection with the Proposal. iii. Respondent has correlated the results of all such observations. examinations, investigations, explorations, tests. reports and studies with the terms and conditions of the Contract Documents. © Thomas F. Pcpe, 2011·20 J3 All rights reserved. 9/9/13 Page 11 of 69 4. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and cents Alternates: #1 #5 ------------------------ #2 #6 ------------------------ #3 #7 --------------------- #4 _____________________ #8 ________________________ __ A fee breakdown, if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within 4S days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 12 of 69 6. Communications concerning this Proposal shall be addressed to: '\ ·60.v zoJ~, z=-) RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents. unless specifically defined in this RFP Package. SUBMITTED THIS ,3/ DAY OF UC -/z:; h .e-/~ 20 /. 3. PROPOSAL SUBMITTED BY: Signature. f i \.. I! I 7,~ "'?::f'cfe-Y Title / © Thomas F Pepe, 2011-2013 All rights reserved 9/9113 Telephone Number Fax Number ~<A A. 'Jf-? d te t!i? 'I a i, cJ'~ . C(f'V"L Email Address U ( END OF SECTION Page 13 of 69 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. a) b) I. Number of similar construction projects completed, In the past 5 years In the past 5 years On Schedule In the past 10 years In the past 10 years On Schedule 2. list the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: © Thomas F, Pepe, 2011-2013, All rights reserved, 919113 ~e. 4~(/~cI rA~? . ~e kil ~-c/~cl Jv '-~' Page 20 of 69 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 21 of 69 4. The following information shall be attached to the proposal. J .) a) RESPONDENT's home office organization chart. C ct.tfJa....C-t-J2-' 'j. b) RESPONDENT's proposed pr~iect organizational c~art. ( cetf ~vl..tz...p) .'! ,~./ n c) Resumes of proposed key project personnel. including on-site Superintendent. L 4OL.~ v"£.·~t/ 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations. )) (7~ b) Any arbitration or civil or criminal proceedings. or IJ~ Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years ;J ~UiL-. I. Government References: List other Government Agencies or QuaSi-government Agencies for which you have done business within the past five (5) years, Name of Agency: Address: © Thomas F. Pepe. 2011·2013. All rights reserved. 9f9fJ 3 Page 22 of 69 Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project: © Thomas F. Pepe. 2011-2013 All rights reserved. 9/9113 Page 23 of 69 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE _..j.&(_t-~ ___ '--=O,--_......I..,(.L.4"f-(L..y'--"!.v~~::::.......;:...'-. ....:J~=--~ ____ being first duly sworn, deposes and states that: ~he/They is/are the 0 LV~--(.'.L>---di P -re. ,9 .. JL::tr (I) (Owner, Partner, Officer, Representative or Agent) of ~ attached Proposal; Witn Witness ©Thomas F. Pepe, 2011-2013. All rights reserved. 9/9113 the Respondent that has submitted the Date I ! Page 24 of 69 STATE OF FLORIDA COUNTY OF MIAMI-DADE On th is the --""'-="---- of Florida. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: PA1RICIA A. RIVeRA MY COMMISSION #EE73340 EXPIRES; MAR 13. 2015 Bonded through 1st Slate Insurance © Thomas F. Pcpe. 2011-2013. All rights reserved. 9/9/13 ACKNOWLEDGEMENT tamp or type as Personally known to me. or Did Not take an oath. Page 25 of 69 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work. may not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a RESPONDENT. Sub-contractor. supplier. Sub-consultant, or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter I 12. Florida State Statutes. Respondents must disclose with their Proposals. the name of any officer. director. partner. associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print na'me of the pUbiic ntity] -t?: bY __ -+~+-~~L-_~~~~~~~~~~~ __ -L'~~~~=-~~L-_ whose business address is //o;rO and (if applicable) its Federal Employer Identification Number (FEIN) is 7-0 -Y34..r ~ -:(S-(If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: ----------------------.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other stare or of rhe United States, including, but not limited to , any bid. proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes. means: (a) A predecessor or successor of a person convicred of a public entity crime; or © Thomas F. Pepc, 2011-2013 All rights rcserved 9/9/13 Page 26 of 69 (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement. shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e). Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the en7ity ubmitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement. nor any of its officers. directors. executives. partners. shareholders. employees. members. or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. ___ The entity submitting this sworn statement, or one or more of its officers. directors. executives, partners. shareholders. employees, members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a publiC entity crime subsequent to July 1,1989. ___ The entity submitting this sworn statement. or one or more of its officers. directors. executives. partners. shareholders. employees. members. or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I. 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTIT~~O LY. AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILE 'l.i~SO! UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING It-n I RACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STAT TE ./ OtCATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. " " f~ / - ! } ! Sworn to and subscribed before me this _-,,~,,-1 ___ day of -->..<.....:~ll,I---'"-'''''''''--------'. 20 i 'j. Personally known --------r-----l' © Thomas F Pepc, 2011 9/9113 Notary Public -State of ---,P,-AId:-+':":"':':":"':'---,- My commission expires --'''-'-+='-'--',---''--=-_ (Printed. typed or stamped commissioned name of notary public) PATRICIA A. RIVERA MY COMMISSION #EE73340 Page 27 of69 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section';l 1") As the person authorized to si1tr state1ent I certify that this firm complies fully with the above requirements. / Print Name: ~'a ~,ON ~'G V"" Date: /olJ! / L3 © Thomas F. Pepe, 20 I 1-2013. All rights reserved, 9/9/13 Page 28 of 69 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI W" ;f/ 8-~ ~ r .... /C-; (N"", of CONTRACTOR), h,,.by ,,',owl,dg' "d .... " th" ~ CONTRACT<::1Rs ~ the SW 61 Avenue Swale Improvements project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages. losses and expenses they may incur due to the failure of (Sub-contractor's names): ;tj/A-- CONTRACTOR i ~ (jd~deZ/ flre~'L:J) 7 Title © Thomas F Pcpe, 20 J J -20 J 3 AI J rights reserved. 9/9/13 Witnes / \ Page 29 of 69 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS MtJNe-- BIDDER shall list all Proposed Subcontractors to be used on this Landscape Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: ©Thomas F. Pepe,201 1·2013. All rights reserved 9/9/13 responsive an Page 30 of 69 RELATED PARTY TRANSACTION VERIFICATION FORM jj' , I (1jf r r() 6: (l A-; z...q)" el;~lndividually and on behalf of ,----·-0 ~ 1~(JJ-e r ("Firm ')have Name of Representative CompanylVendor/Entity read the City of South Mia i ( ity")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i,e" a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm,]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse. parents. children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e .. spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City pt r than the following individuals whose interest is set forth follOWing their use a separate names:._-:-:_jV_:f------"+-~ ____ __::-___::__-_:____:_-_:__---- (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: .. / ;J I ,~- (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees. appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City. to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe. 2011-2013 All rights reserved. 9/9/13 Page 31 of 69 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, cimission or agency of the City within the past two years other than as follows: .A' &: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) anx cit employee; or (iii) any member of any board or agency of the City other than as follows: :-: __ -:----,_p':c-f-~t----~-------(if necessary, use a separate sheet to supply additional information that will ot fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm. or any member of those persons' immediate family (i.e. spouse. parents. children. brothers and Sisters) have also responded. other than the following: A.J . If- (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents. as to their officers. directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code. the giving of any false information or the failure to supplement this Verification For • may subject me or the Firm to immediate termination of any agreement with the City. and the imposition of t maxir;]!,m fine and/or any penalties allowed by law. Additionally. violations may be considered by and subject t a tion~Yte Miami-Dade County Commission on Ethics. Under penalty of periury. I declare that I have made a cfil(gen ffo t to investigate the matters to which I am attesting hereinabove and that the statements made herei abJve, e t u and correct to the best of my knowledge, information and belief. I. I Signature: . /' J Print Name & Tit e:! ! J.jari' (T Cii--~ ~t<--V . ;V,..c J-1 '-l Date: /11 It :3 'f ATIACHED: © Thomas F. Pepe, 2011·2013. All rights reserved. 9/9/13 Page 32 of 69 Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be deSignated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example. and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals. boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk. the city manager. department heads. the city attorney, and all assistants to the city clerk. city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money. gift. favor. thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly. of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse. parents. children. brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid. a proposal in response to a RFP. a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest. direct or indirect with the city or any person or agency acting for the city, and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes. special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering. or registered land surveying. as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. © Thomas F. Pepe. 2011-2013. All rights reserved. 9/911 3 Page 33 of 69 M~GGQLC l~C. ENGINEERING CONTRACTOR -L1C: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786472-8831 maggolc@yahoo.com CONTRACTS PERFORMED BY MAGGOLC INC. i-Drainage Improvement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami-Dade County Public Works Dept., Completed Dec. 2007). (Alberto Estevez 786-256 2627). (esteva@miamidade.gov) 2-Various Park Parking Lot Re-striping & Wheel Stop Replace. ($24,500) (Miami-Dade Park and Recreation Dept. Completed March 2008). (305-5964460) 3-Seal Coat and Re-striping of Station 131 Logistics Parking Area. ($19,000) (Miami-Dade Fire Rescue Dept. Completed July 2008). (786-331 4529) 4-Norman and Jean Reach Park/Foul ball Netting. ($25,000) (Miami-Dade Park and Recreation Dept., Completed June 2008). (305-596 4460) 5-0lympic Park Concrete Sidewalk Construction. ($184,000) (Miami-Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 305-5964460) (dc93@miamidade.gov) 6-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami-Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 305-5964460) (dc93@miamidade.gov) 7-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June 2011). (Janice Corn 305-2566359) (Janice.com@dot.stateJl.us) 8-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami-Dade County Public Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) Ura@miamidade.gov) 9-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami-Dade Park and Recreation Dept., Completed January 2009). (305-5964460) i0-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami-Dade County Office of Community and Economic Development, Completed January 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov) ii-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009). (305-622 8000) Uallen@miamigardens-fl.gov) 12-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami-Dade Park and Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miamidade.gov) 13-Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami-Dade Park and Recreation Dept., Completed August 2009). (305-5964460) i4-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FOOT, Completed December 2009) (Anthony Sabbag 305-256 6380) (anthony.sabbag@dot.state.fl.us) 15-West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami-Dade County Office of Community and Economic Development, Completed December 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov) 16-District 2-Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010) (Fa biola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 17-Blue Road Roundabouts Re-Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March 2010) ( 305-460 5018) (epino@coralgables.com) 18-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key Biscayne April 2010) (786-255 6765) (anunez@keybiscayneJl.gov) 19-District 1-Sidewalk Repair Project" ($95,990) (Public Works Dep. City of Miami, Completed September 2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 20-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November 2010) ( 305-9470606) (gbatista@sibfl.net) 21-AD Barnes Park Asphalt Walkways ($86,615.00) (Miami-Dade Park and Recreation Dept, Completed December 2010) (305-755 7985) (rttolon@miamidade.gov) 22-lnstallation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov) 23-lntersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion ($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011) (dcasals@palmettobay-fl. gov) 24-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed February 2011) (Fabiola Dubuisson 305 4161755 & 305-8017816) (fdubuisson@miamigov.com) 25-District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed May 2011) (Fabiola Dubuisson 3054161755 & 305-8017816) (fdubuisson@miamigov.com) 26-MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami- Dade County, Completed May 2011) (Greg Tai 305-876 8444) (gtai@mikegconst.com) 27-MIA-NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) Upet@mikegconst.com) 28-District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Oep. City of Miami, Completed October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 29-Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park & Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rttolon@miamidade.gov) 30-SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements Department, Completed October 2011) (Maurice Hardie 786-2295463) (mhardie@miamigov.com) 31-SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 32-Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public Works Oep., Completed December 2011) (Daniel Moretti 305-6696916) (moretti@pinecrest-fl.gov) 33-Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection, Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us) 34-District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami. Completed February 2012) (Fabiola Dubuisson 305-4161755 & 305-801 7816) (fdubuisson@miamigov.com) 35-SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed February 2012) (Keith A. Ng 305-4032072) (kng@southmiamifl.gov) 36-Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental Protection. Completed July 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us) 37-FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed July 2012) (Eric Gomez 305-5535457) (egomez.egsc@att.net) 38-SR 94/SW 88 STI Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 39-Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012) (Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov) 40-Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov) 41-Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January 2013) (Jorge Vera 305-4032072) Overa@southmiamifl.gov) 42-ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit, Completed March 2013) (Javier Salmon 786-4734710) Osalmon@miamidade.gov) 43-1-1951 Julia Tuttle from SR 5f Biscayne Blvd to SR 9071 Alton Rd -Bike Path I Trail ($121,520) (Florida Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 44-NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May 2013) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) 45-Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean Compel 786-502-0770) (sean.compel@stantec.com) M~G.G.QLC l~C. ENGINEERING CONTRACTOR -LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor) 1-Biscayne Island Drainage Improvements (Owner City of Miami $ 788,126) (Executed 83%) (Completion November 2013) 2-Beacon Project Area Improvements-Phase I (Owner City of Miami $ 767,132) (Executed 76%) (Completion January 2014) 3-Wild Lime Park Parking Expansion (Miami Dade Park & Recreation Dep. $162,000) (Executed 69%) (Completion December 2013) 4-Cocoplum Rd Intersection Improvements (Owner City of Coral Gables, $220,000.00) (Executed 95%) (Completion November 2013) Mario Gonzalez Maggolc Inc. IPresident .. _LCllt~· ENGINEERING CONTRACTOR -L1C: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com PROJECT ORGANIZATIONAL CHART Drainage Project Manager: Jorge Finol MAGGOLC INC. Prime Contractor General Superintendent: Mario Gonzalez, BO Office Engineer: Olga Leon, BO Concrete Manager: Rey Esquibel Asphalt and Restoration Crew. Manager: Juan Ruiz STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET MIAMI FL 33165 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! • . AC#615276i 6 .'" .' '" .... ", .. i::":. GONZAIh5zj;MAR~Ib ;H" "';.' MAGGOLCINC' :.... . 11020 SW 55TH STREET MIAMI FL 33165 RICK SCOTT . GOVERNOR DETACH HERE : '~ ~' ; . . t: (850) 487-1395 '.":j··(·:"'};':i ' ISCERTIFIt):) uiiller'ehEl provi~ion~ o.f Ch,~B9 F! \~;l;~Hon dace>il.U<:; i3{r20~4 .... 41.206950P,1;84 :. >.~.' . ; ': ."' ... "." -'~ TION SEQ# L12060501l84 KEN LAWSON SECRETARY ";:TTfJ· ,fTl ' n},··· iJ, .) '" & .• ;-:--.. I·\!~· /; 1~"f'CjTn~ V ---"T' -'-"'-~ ~~7\ I f~r.~~,~:"Ll ---/I"\~i --" ,., , ~ -', 1 ",' ". .. ~ '!c':i~~,_ ., T' "" ":". WI ... 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