The URL can be used to link to this page

7TilE CITY Of PLEASANT LIVING To: FROM: DATE: SUBJECT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item No.:2 September 2,2014 A Resolution authorizing the City Manager to negotiate and enter into a contract with H & R Paving, Inc. for a total expenditure not to exceed $404,211.80 for Sunset Drive Improvements Phase V. BACKGROUND: In continuing efforts to provide roadway improvements to Sunset Drive and to the City, this project is the final phase of improvements on Sunset Drive, from US 1 to SW 69 th Avenue. AMOUNT: ACCOUNT: The project consists of new concrete sidewalk, milling, resurfacing, drainage grates, landscaping, irrigation and pavement marking between SW 65 th Avenue and SW 69 th Avenue. The estimate number of days to complete the construction of the project is 120 days from the Notice to Proceed. The City received five (5) quotes in response to a solicitation, shown below. Pursuant to review, it was determined that H & R Paving, Inc. is the lowest, responsive and responsible bidder for this project. Five (5) quotes received: H & R Paving, Inc. Southeastern Engineering Contractors, Inc. JV A Engineering Contractor, Inc. R. P. Utility & Excavation, Corp. Community Asphalt, Corp. $365,961.80 $446,231.90 $469,458.65 $527,645.00 $629,887.50 A contingency amount of $38,250.00 will be included over the proposal amount to address for unknown factors that may arise during the work. The total amount of the contract, including the contingency, will be $404,211.80 Amount not to exceed $404,211.80 The expenditure shall be charged to the People's Transportation Plan account number 124-1730-541-6490 which has a balance of $712,942.09, before this request was made. ATTACHMENTS: Resolution Bid Opening Report Proposal 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 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to negotiate and enter into a contract with H & R Paving, Inc. for a total expenditure not to exceed $404,211.80 for Sunset Drive Improvements Phase V. WHEREAS, the Mayor and City Commission wish to provide roadway improvements to Sunset Drive, from SW 65th Avenue to SW 69 th Avenue, and WHEREAS, pursuant to a competitive selection process in accordance with the City Charter, it was determined that H & R Paving, Inc. submitted a proposal in the amount of $365,961.80 that was the most comprehensive and cost effective in its construction approach; and WHEREAS, the City desires to provide a contingency of $38,250.00 over the proposal amount for unknown factors that may arise during the work; and WHEREAS, the total expenditure, including the contingency amount, is not to exceed $404,211.80; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with H & R Paving, Inc. for Sunset Drive Improvements Phase V for a total amount not to exceed $404,211.80. 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 negotiate the terms and conditions and to execute a contract with H & R Paving, Inc. for the Sunset Drive Improvements Phase V for an amount not to exceed $365,961.80 and he is authorized to expend up to $38,250.00 for unforeseen conditions. A copy of the proposal is attached. Section 2: The expenditure shall be charged to the People's Transportation Plan account number 124-1730-541-6490 which has a balance of $712,942.09, 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 4. 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 U) U) (/) rr1 --+-Z -t---I 0 0 » CJ :::::0 0 --I N -0 0 ;:0 + -0 + 0 0 :::::0 --l. <- CJ 0 <...N r"T'l • 0 0 '--.. r- 0 r"T'l OJ --I a 0 I (") --I -0 » I :c ::I 0 -0 » Z :c (/) » . rrl s:: (/) » rrl < -0 < --.... ,\\:~ • ... 1 .. ~ j ::> I I I.!~ \ I! .. _ .. _ ... -. ,,-,- -, -) I _, ,-,---'1 I ~;"'ti' ;o:i;)~l :J\~: ... _... _. -.,-,. -- .J -.--. _ .. -' -.~.-.-.- , , , , ._.'----I _ lX-;: :...JJ/9 (l'S -, -'-' .-. -' ._-'- .-.--.. ----,. ,--, .. _ .... -. -- ._.'--.-. _. --, .--,_ .. -.. _. ,- -.. ----,.-.- SoutH Miami 1~1" my ai f'l}~!;AN'r [NINe CITY OF SOUTH MIAMI Sunset Drive Improvements Phase V From SW 65 th Avenue to SW 69 th Avenue Proposal Due Date: August 1 I, 2014 RFP #PW-20 14-07 The City of South Miami, Florida, hereinafter referred to as "CSM", through its chief executive officer (City Manager) hereby solidts sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP'). All references in this Solicitation (also referred to as an "Invitation for Proposals") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP # PW ·20 14-07 titled" Sunset Drive I mprovements Phase V" The site is located along Sunset Drive (SW 72 Street) between SW 65th Avenue and SW 69th Avenue. The purpose of this RFP is to contract for the services necessary for the completion of the· project in accordance with the "Scope of Services" as described in this RFP. Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or by accessing the following web page: http://www.southmiamifl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions oontained in the complete RFP Package, including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (I) original unbound proposal, four (4) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information dearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows "Sunset Drive ImprOVements Phase V" RFP # PW-20 14-07 and the name of the Proposer (also referred to as "Respondent'} Special envelopes such as those provided by UPS or Federa.l Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time on August I I, 2014. A public opening will take place at lOAM. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after lOAM. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6 13:0 Sunset Drive, South Miami, FI 33143 on August I, 2014 10:00 A.M. The conference shall be held regardleSs of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. © Thomas F. Pepe, 2014. 03/24114 Maria M. Menendez, CMC City Clerk Page I of 73 Martinez. Grizel From: Pepe, Thomas F. Sent: To: Tuesday, August 26, 2014 11:48 AM Martinez, Grizel Cc: Ricardo Ayala Subject: RE: Sunset Drive Ph. V-Resolution I approve of the resolution attached to your email as to form and legality Very truly yours, Thomas F. Pepe City Attorney City of South Miami 1450 Madruga A venue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e- mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Martinez, Grizel Sent: Tuesday, August 26, 2014 10:32 AM To: Pepe, Thomas F. Cc: Ricardo Ayala Subject: Sunset Drive Ph. V-Resolution Mr. Pepe, please review the resolution attached, for the Sunset Drive Ph V Improvements. Thanks, Grizel Martinez, E.I. GMartinez@SouthMiamiFL.gov Engineering & Construction Division City of South Miami 4795 SW 75 Avenue Miami, FI 33155 305-403-2063 1 SCHEDULE OF EVENTS No. Event I Advertisement! Distribution of RFP & Cone of silence begins Non~Mandatory Pre~Proposal Conference 2 City of South Miami, City Hall Chambers, 6130 Sunset Drive, South Miami, Fl 33143 3 Deadline to Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit Bid-Response 6 Evaluation of Bid Responses 7 Agenda for Commission Approval of Contractors/Cone of Silence ends END OF SECTION © Thomas F. Pepc, 2014 4/28/2014 Date* Time* (EST) / 07/25114 5:00 PM 08101114 10:00 AM 08/05114 10:00 AM 08/07114 10:00 AM 08111114 10:00 AM 08/11114 5:00 PM 08119114 7:00 PM Page 2 of 73 ,. SCOPE OF SERVICES I. Scope of Work: The project consists of the milling and resurfacing of Sunset Drive SW nnd Street. Other project elements include clearing and grubbing, new concrete sidewalk. including driveways, replacement of drainage grates, landscaping, irrigation, and pavement marking. All work as described in the plans entitled Sunset Drive Improvements Phase V, prepared by Stantec. The awarded vendor must obtain any permits required; however the City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor, including applicable fees. II. Site Location: The site is located along Sunset Drive (SW 72 Street) between SW 65th Avenue and SW 69th Avenue. III. Plans and Specifications Plans entitled SUnset Drive I mprovements Phase V, prepared by Stantec, dated 101041/13 consisting of 22 sheets. IV. Project Duration The current estimate to complete construction of the project is 120 days from issuance of Notice to Proceed. SPECIAL CONDITION: Due to traffic congestion in the area being affected by the improvements to the road, City staff recommends that work is to be performed during 9 AM to 5 PM, from Monday to Friday. Additionally, no full road closures will be allowed. One travel lane must be. open at all times. V. Warranty: The standard manufacturer's warranty information must be prOVided in writing for all equipment being proposed, including installation by an authorized dealer. Native trees planted by the awarded vendor for this project shall be warranted to be healthy and growing for a period of one (I) year from the date of planting. © Thomas F. Pepe, 2014 4/28/2014 Note: A Proposal Bond is NOT required for this project. END OF SECTION Page 3 of 73 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional dOOlments may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: Proposal Bid Bond x Performance Bond Power of Attorney BIDDER Qualification Statement Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace 7 Acknowledgement of Conformance with OSHA Standards List of Proposed Subcontractors and Principal Suppliers J Related Party Transaction Verification Form / Indemnification and Insurance Documents J Note: A Proposal Bid Bond is NOT required for the project. Submit this checklist along with your proposal indicating the oompletion and submission of each reqUired forms and/or documents. © Thomas F. Pepc, 2014 4/28/2014 END OF SECTION Page II of 73 SCOPE OF SERVICES I. Scope of Work: The project consists of the milling and resurfacing of Sunset Drive SW nnd Street. Other project elements include clearing and grubbing, new concrete sidewalk. including driveways, replacement of drainage grates, landscaping, irrigation, and pavement marking. All work as described in the plans entitled Sunset Drive Improvements Phase Y, prepared by Stantec. The awarded vendor must obtain any permits required; however the City will waive all City permit fees. Permits that may be reqUired by other agencies wifl be the responsibility of the awarded vendor, including applicable fees. II. Site Location: The site is located along Sunset Drive (SVV 72 Street) between SW 65th Avenue and SW 69th Avenue. III. Plans and Specifications Plans entitled Sunset Drive Improvements Phase Y, prepared by Stantec, dated 10104/113 consisting of 22 sheets. IV. Project Duration The current estimate to complete construction of the project is 120 days from issuance of Notice to Proceed. SPECIAL CONDITION: Due to traffic congestion in the area being affected by the improvements to the road, City staff recommends that work is to be performed during 9 AM to 5 PM, from Monday to Friday. Additionally, no full road closures will be allowed. One travel lane must be open at all times. V. Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer. Native trees planted by the awarded vendor for this project shall be warranted to be healthy and growing for a period of one (I) year from the date of planting. © Thomas F. Pepe, 2014 412812014 Note~ A Proposal Bond is NOT required for this project. END OF SECTION Page 3 of 73 ADDENDUM No. #1 Project Name: Sunset Drive Improvements Phase V RFPNO. PW2014-07 Date: August 4, 2014 Sent: FaxlE-maillwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Special Note: Proposers must use the attached revised "Schedule of Values" form dated August 4, 2014 for all submittals. The revised form includes a Unit Price and Total column for a proposer to insert unit prices for each line item. The "Unit" varies with each line item. Question #1: Are all permit fees waived? Answer to Question #1: No, permit fees are waived only for permits directly issued by the City of South Miami. Pennit fees will applied for those permits issued by other entities or governmental agencies. The Contractor however must apply and secure all permits associated for this project. Question #2: What is the budget amount for the Sunset Drive Improvements Phase V project? Answer to Question #2: Please refer to the line item in the City's FY 2014 Budget, Capital Improvements Projects (CIP) 5-Year Plan titled "Sunset Drive Improvements -Construction," under Roadway Infrastructure. Page 1 of2 A copy of the ClP 5-Year Plan is attached. Question #3: How should thermoplastic striping be addressed in a contractor's proposal? Answer to Question #3: Thennoplastic striping shall include the temporary striping within the unit price of a contractor'S proposal. Question #4: How are the adjustment of manholes identified in the "Schedule of Values?" Answer to Question #4 The summary 0 f quantities is referring to item # 11 with a unit of "EA". Item # 12 is referring to a" LS" unit. The plans are considering a single manhole top to be adjusted, reflected in item # 11, due to the milling and resurfacing of the other existing manholes and valve boxes. This could require adjustments for the fmal asphalt elevation. It is recommended Contractors visit the site and asses if the pavement elevation will vary so it can be included within item #12. IT SHALL BE THE SOLE RESPONSffiILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2 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 f44 45 46 47 48 49 City of South' Miami Sunset Drive Improvements -Phase V (SW 69 Ave. to SW 65 Ave.) n.U~'U"'L 04 2014 DESCRIPTION TOTAL QUANTITY Mobilization 1 Maintenance of Traffic and Access 1 Prevention, Control and Abatement of Erosion and Water Pollution 1 Clear arid Grubbing 1 Back of sidewalk restoration (inc. but not limited to sod, landscaping, driveway. restorations, etc) i Asphalt Milling (1") 16,577 Type FC-9.5 Friction Course (1" Thick) 1,003 Exist. Type F Ditch Bottom I nlei to be Modified to Custom 4'x4' ADA Comliant Grate 2 Remove and Replace Existing Guardrail 15 Exist. Asphalt to be Removed 435 Exist. Drainage Manhole to be Adjusted 1 Adjust Existing Utility Manholes to Grade 1 Relocate Exist, Mailbox 3 Relocate Exist. Tree 1 Remove Exist. Concrete 12 Colorize Exist. Conc. Curb and Gutter 3,352 Cone. Curb and Gutter "P' 87 Conc. Side\o/alk (4" thick) 484 Conc. Sidewalk (6" thick) 132 Reset Existing Paver Drivway Aprons 541 Detectable Warning Surface 144 Sodding 2,516 Furnish and install Black Olive 5 Furnish and install Crown of Thoms 220 Furnish and Install Montgomery Palm 14 Sf. Augustine "Aoratam" Sod 18,592 Shredded Maleluca Mulch 1 Planting Soil 1 1 rrigation Complete 1 Relocate Existing Sign 3 Marker Pavement Retro-Reflective 1 Thermoplastic (white) (message)(SCHOOL) 2 Thermoplastic (white) (arrow) 11 Thermoplastic (white) (6") 10'-30' Skip 4,480 Thermoplastic (white) (solid) (6") 3,024 Thermoplastic (white) (solid) (12") 1,256 Thermoplastic (white) (solid) (18") 30 Thermoplastic (white) (solid) (24") 245 Thermoplastic (white) (solid) (24")(Crosswalk Zebra Striping) 375 Thermoplastic (yellow) (6") 10'-30' Skip 732 Thermoplastic (yellow) (solid) (6") 3,352 Thermoplastic (yellow) (solid) (18") 100 Thermoplastic (double yellow) (solid) (6") 500 Permit Allowance 1 Off Duty Police Allowance 1 Safety Act 1 Advance Exploration of Existing Utilities 1 Project Signs double-sided 4'x8' with color graphics, as directed by City 2 Contingency 1 Total Bid Items: UNIT LS LS LS LS LS Sy TN EA LF S.F. EA LS EA EA SF LF IF SY SY SF SF SY EA EA EA SF LS LS LS EA LS· EA EA LF LF LF LF LF LF LF IF IF LF LS LS LS LS EA LS UNIT TOTAL PRICE 14q,~g, -fy.gQ2f " . 122 5"(){') 2Z ~C"~ .!':Y ~otJtJ".'! 4 .a,p . t)tJd,,- ,.5. tW",' :s-: (.l&Jt).·~ .~ ,,,, ~2:OtlO~ "2-2-J'. CDc" ' Z(i 00 9'3/ 45"1 .. ,1(: I-1ft!. :-/f{O 3~o.-," ~ '150,:: , <:I"" ~'.{, "JOO , (3otJ .. '::.. '-h ,5 tJ {J • '~ :E.. ()".~lJ <2·'-r7p J,O 5t)f)" :!:>~61t? .-,~-,c; .. 14, .5"21tl" '1-, .57J t'I J ~..!: , :;00., ';! X:S?2tJ " .... .:£ (f15(:.Oe . .1 5(J()~ .. ~ ~(J04f ~~" 2iJtJ, " " ;£I 61.·cJ e ~ ./0 {):;h ~ • ~ 3c .. :;.:: '2._ C;.1' {J" ~~ LI(!J~ ~ /fq.::?kO~ "rt,:_ .. 45 ~ "';: M5.,9'eto" ":'...:7 . 40." '!" _-r-. L£1' tJ" ~ . F- qtJ, "-,, '.5" .-IL6D .. ~ ..« v -I- r.; " ... .::;?.. , A2... .. C.g--i;)~ F- _qSt;~ Z·UOP- .,fOG' .',£;' 2-:' '2-OtJ c '''; 4'¢,;; ~:.: ;; . G(!){],,:':: tJ~, <ft:) '7 ¥:3~. &:J ~s-: <:.~ 3,.S'";" ~',..!.. %J "",,' -' .. --.3c9 .. &:.E 'Z2..aD 2-2 bl{O. " At'JC .. -,;:: :;500 ~ .~. '2,-_'>00 .. '2. . <:?J 0", .£.!:. :.Ie/y,"'· '--:?..Jl~ .;-... ~ ' .. '70 ... ~::: 'c ~ 7'1 ~t:. '.,{~ ... !:e.. d <f5(tJ., -:~. ."" "'-Q -~ ... -'S, D'Z,¢' ... ~ 'i.Z~~ "2.../' 5>f~ ."''::: r- Lf6 "':!:. 4'U.., ~ .q,,;..!.'?) j/), .f ()~, ,.,.<"71 4(J; ~ ?/7rz; .. ~ 4; .~ '7 '02 > -'::.. ,4" ~ .. ,"-:3 .... '3-5*'2 • "'.£' .. .---q ",,,,, 4tJI.'J F ~.~ .-2-,.~ AtPOc~ lIP .... !:::.Of),~· .>-e" ., ,,"" ~I Y .. (}t?(J/''::' <.2 ,!JOt) ~ .:.'" ." ,/f.. fo:' A" ~ S Ql~ '':£ ~.,--.o(J ~ p.f!' '--. -t.5tJ,::'t" ~ tOt! . ~ ~ . - ~ i,:~Go'" .. ,-.4. "".~ 3~ftjt;1 Summary of Quantities DESCRIPTION 1 Mobilization 2 Maintenance of Traffic and Access 3 Prevention, Control and Abatement of Erosion and Water Pollution 4 Clear and Grubbing Back of sidewal k restoration (inc. but not limited to sod, landscaping, driveway 5 restorations, etc) 6 Asphalt Milling (1 ") I 7 Type FC-9.5 Friction Course (1" Thick) / 8 Exist Type F Ditch Bottom Inlet to be Modified to Custom 4'x4' ADA Comliant Grate 9 Remove and Replace Existing Guardrail 10 Exist. Asphalt to be Removed 11 Exist Drainage Manhole to be Adjusted 12 Adjust Existing Utility Manholes to Grade 13 Relocate Exist. Mailbox ] / 14 Relocate Exist. Tree / 15 Remove Exist. Concrete " I' 16 Colorize Exist. Conc. Curb and Gutter / 17 Cone. Curb and Gutter "P' I 18 Conc. Sidewalk (4" thick) /' 19 Conc. Sidewalk (6" thick) / 20 Reset Existing Paver Drivway Aprons I 21 Detectable Warning Surface / 22 Sodding / 23 Furnish and install Black Olive ! 24 Furnish and install Crown of Thorns / 25 Furnish and Install Montgomery Palm I 26 st. Augustine "Floratam" Sod / ./ 27 Shredded Maleluca Mulch / 28 Planting Soil f ! 29 Irrigation Complete , ! 30 Relocate Existing Sign / 31 Marker Pavement Retro-Reflectiv! 32 Thermoplastic (white) (messaglr)(SCHOOL) 33 Thermoplastic (white) (arrow)! 34 Thermoplastic (white) (6") 1/)'-30' Skip 35 Thermoplastic (white) (soJ~tI) (6") 36 Thermoplastic (white) (~lid) (12") 37 Thermoplastic (whiteMsolid) (18") 38 Thermoplastic (whit~) (solid) (24") 39 Thermoplastic (wJltte) (solid) (24")(Crosswalk Zebra Striping) 40 Thermoplastic Wellowf(6") 10'-30' Skip 41 Thermoplasti/(yellow) (solid) (6") 42 Thermopl8jiltic (yellow) (solid) (18") 43 Thermogfastic (double yellow) (solid) (6") 44 PermiyAllowance 45 Off 9Gty Police Allowance 46 scfety Act 47 ¥dvance Exploration of Existing Utilities 48 I/Project Signs double-sided 4'x8' with color graphics, as directed by City 0/ Contingency (15%) / / / ©Thomas F.Pepe, 2014 4/28/2014 / / ! ! I //// / QUANTITy/ UNIT / / 1/ ,I LS /1 LS / 1 LS ./ 1 LS / ! 1 LS 16,577 SY 1,003 .TN 2 EA 15 LF 435 S.F. 1 EA 1 LS 3 EA 1 EA 12 SF 3,352 LF 87 LF 484 SY 132 SY 541 SF 144 SF 2,516 SY 5 EA 220 EA 14 EA 18,592 SF 1 LS 1 LS 1 LS 3 EA 1 LS 2 EA 11 EA 4,480 LF 3,024 LF 1,256 LF 30 LF 245 LF 375 LF 732 LF 3,352 LF 100 LF 500 LF 1 LS 1 LS 1 LS 1 LS 2 EA 1 LS Page 4 of 73 ADDENDUM No. #2 Project Name: Sunset Drive Improvements Phase V RFPNO. PW2014-07 Date: August 6, 20M Sent: FaxIE-mail/webpage This addendum submission is issued to clarify, supplement andlor modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: How do we consider the Off Duty Police during the construction, full time? What rate does the Police Department use? Answer to Question #1: The contractor is to estimate the amount of hours required for the police, depending on the MOT they are planning to implement for the project. The summary of quantities refers to this item as a lump sum unit. The rate for this would be $45.00 per hour, per officer. A minimum 3hrs per detail will apply. IT SHALL BE THE SOLE RESPONSffiILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page lofl H&RPA·2 OPID' LR ACORD CERTIFICATE OF LIABiliTY INSURANCE I DATI:; (MMIODIYVVV) ~ 08108/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER Phone: 305·364·7800 CONTACT NAME: BROWN & BROWN OF FLORIDA INC Fax:305·714~01 PtlgN,j'-" Fytl: 1 FAX 14900 NW 79th Court Suite#200 iivc No): Miami Lakes, FL 33016-5869 E·MAll AODRESS: Ramon A Rodriguez INSURER(S) AFFORDING COVERAGE NAIC# INSURER A ,*Wesco Insurance Co. 025011 INSURED H & R Paving, Inc. INSURERB ,*Westchester Surplus Lines Ins 10172 1955 NW 110th Ave INSURERC :*Federallnsurance Company 20281 Miami, FL 33172·1911 INSURERD: IIISURERe;: INSURER F: COVERAGES CERTIFICATE NUMBER-REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. It'i: TVPE OF INSURANCE .~.!'.,o.; I~~ POLICVNUMBER POLICYEFF POlICV.~P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A '--WPP109493501 05/0112014 05/01/2015 ~~~~~M~E~';,~~~~e"cel 100,OOU Lt:=:rMERCIAL GENERAL LIABILITY $ '--ClAIMS-MADE [KJ OCCUR MED EXP (Any ooe person) $ 5,000 8 X XCU PERSONAL & ADV INJURY $ 1,000,000 r-- L Contractual GENERAL AGGREGATE $ 2,000,000 ~'l. AGGREfilE LIMIT Af'nS PER: PRODUCTS -COMPIOF AGG $ 2,000,000 POLICY X ~f1-RT lOC $ AUTOMOBILe; LIABILITY fE~~~~~~t~INGLE LIMIT $ 1,000,000 - A ..!... ANY AUTO ~PP109493501 05/01/2014 05/0112015 BODILY INJURY (Per person) $ ALL OWNED r--SCHEDULED BODILY INJURY (Peraccident) S -AUTOS I--AUTOS NON-OWNED ! rp~~~~8AMA\jE HIRED AUTOS AUTOS $ --$ UMBRELLA L1AB H OCCUR EACH OCCURRENCE $ I-- EXCESS L1AB CLAIMS·MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION 1i6~,n~Wsl 10TH• AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ OFFICER/MEMBER I:;XCLUDED? N1A (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ If yes, desCfibe under E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C Pollution G24275516003 0510112014 05/01/2015 Pollution 1,OOO,OO( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is requIred) RE: Sunset Dr. Improvements PH-V from SW 65th Ave to SW 69th Ave SW 72nd Street South Miami, FL Start Date: Sept 2014 Work: Milling, Paving, Landscaping & Pav Marking. CERTIFICATE HOLDER CANCELLATION CITYSOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive South Miami, FL 33143 AUTHORIZED REPRESENTATIVE -. .-.",i:\:'~-,-~~~s.:; --'~~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexand er City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted the undersigned Respondent agrees that by signing this Bid Form, the Respondent is agreeing to each and every term, provision and condition contained in the form of the Contract that is included in this RFP Package ("the RFP Contract"), 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 and the RFP Contract. The Respondent agrees that if the contract is awarded to the Respondent, the signature of the Respondent, or the signature of its 2. 3. authorized representative, on this Bid Form shall be the same as a signature on the RFP Contract. Respondent accepts all of the terms and o:mditions of the Advertisement, RFP, Invitation for Proposals and Instructions to Respondents, induding without limitation those dealing with the disposition of Proposal BondlSecurity. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening .. Respondent agrees to sign and submit the Contract with 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. In submitting this Proposal, Respondent represents that a. Respondent has examined copies of all the RFP Documents and of the following Addenda, if any b. c. ::;r..; (receipt of all which is hereby acknowledged.) Addendum No. 1 Dated: Addendum No. 2 Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: ------------------- Respondent has fam iliarized himself with the nature and extent of the Contract Documents, the . proposed work, site, locality, and all local oonditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports ·and drawings, if applicable. of subsurface . "q~r1di~ions and drawings of physical oonditions. ii.':l;t¢~pon4ent lias obtained and carefully studied (or assumes responsibility for obtaining and 'carefuUy 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. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility oompanies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the © Thomas F. Pepe, 2014 4/28/2014 Page 12 of 73 contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract DOOJments. 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, unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection jj above, within the Contract Time and in accordance with the other terms and conditions of the Contract DOOJments. d. Respondent has given the City wrrtten notial of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Proposal Price of. .-' 77f~ ffcJtJ.Dt2EP ~tx'h-, p/t/~ LUMPSUMBASEPRICE: 71/oVSI/-fJD / Ai/AlE' JfutJPIL~ Six"f:t (lJE o ocL4-f;L:> ,/fr-Jj:> EI ?:;;/f-ry~ 1S - dollars and cents $ --~--------------- Alternates: #1 tJLt+ #5 I #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. © Thomas F. Pepe, 2014 4/2812014 Page 13 of 73 ! ....• 5. The ENTIRE WORK shall be completed, in full, within 120 working 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. 6. Communications corrning this p.:;;osal ~~I.b;/a~d~eZd to: -::::r ~ C, (f2 f4,U L C90N ~ AI ~~ RESPONDENT, -rT t I'-f ... V N " ~.z.J Address: /f11 ~ NW" Ada . A til? A l A h1; J . ;1-'3 ;: 17z.. Telephone: '3 t; r-~ J --l~~J Facsimile: "3 (7 _....::--S" _ 2"., -'O?_ Attention: A-f3 f!E 1< () P fl.. t Gu 6'Z.- 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. SUBMITTEDTHIS 11-tf DAY OF A-(}6 ifSr 20 A.cf PROPOSAL SUBMITTED BY: c,tt1 R PA V; N G > ::r..,J c. , Q~L-GO N Z-II£.e 2 . Signature .. / Title Telephone Number '2c?j---512 ~ '079' Fax Number ~~Ad;a~ hrf({V'~~ ~ END OF SECTON © Thomas F. Pepe, 2014 4/2812014 Page 14 of 73 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction projects completed, a) b) In the past 5 years In the past 5 years On Schedule In the past I 0 years In the past 10 years On Schedule KD~~ 4-~ g'fJ. ~~_tJ---=-t2-~E~"_TWd-'--!..!..!..,;,-=--tf-S" G7I-• _t{o---=.......;;/l..l!: __ Tl#tif~'-'--9! f::;-;tf. 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: © Thomas F. Pepe, 2014 4/28/2014 Owner Name: Owner Address: f ~/ SEr:E /1777Je1ft:5.iJ ~~ fo 2( A AN.!) 2,( 8. Page 21 of 73 lJOBSCOMPlETED I City of A venura NE 29th Ave Tony Tomei ...... V'./ -'-V'\J City of Aventura I April 25, 2011 I September 6, 2011 and NE 34th Ave Project 8925 1$ 261,181.00 "PEOPLES TRANSPORTA nON PLAN 305-299-(MIAMI-DADE COUNTY ROADWAY RESURFACING JOAQUIN RABASA 9822 PUBLIC WORKS) I August 15,2010 I September 15, 2011 CONTRACT" PROJECT # MIAMI-DADE COUNTY 2704/ 20100387 1$ 1,000,000.00 CITY OF MIAMI BEACH CARLOS DA CRUZ 305-673-CITY OF MIAMI BEACH AUGUST 7,2009 October 1,2011 2656/ 7497 1$ 2,557,000.00 "ARRAROADWAY (MIAMI-DADE COUNTY \ I RESURFACING JOAQUIN RABASA 305-299- PUBLIC WORKS) I June 15, 2010 I October 1, 2011 CONTRACT' PROJECT # 9822 2701 20090123 MIAMI-DADE COUNTY 1$ 666,600.55 ~ , --I I 1$ .~ FDOT E6G32 Concrete 305-256-FDOT South Dade Sidewalk Repair Services Eddy Taylor 6348 Maintenance I January 1,2011· I January 1,2012 , "Push Button" 1$ 225,000.00 FDOT E6D50 American with 305-654-FDOT North Dade Disabilities Act Services "Push John Bolton I August 8, 2006 I January 14, 2012 Button" 7017 Maintenance 1$ 1,158,019.20 "PEOPLES TRANSPORTATION PLAN 305-299-(MIAMI-DADE COUNTY ROADWAY RESURFACING JOAQUIN RABASA 9822 PUBLIC WORKS) I January 24,2011 I January 24, 2012 CONTRACT" PROJECT # MIAMI-DADE COUNTY I 27091 20100426 I 1$ 1,000,000.00 West 29th Street from West 305-687-Okeechobee Road to West 4th Alfred Martinez City of Hialeah I October 3, 2011 I January 31, 2012 Avenue 2611 1$ 318,498.60 "ARRA ROADWAY (MIAMI-DADE COUNTY RESURFACING 305-299- CONTRACT" PROJECT # JOAQUIN RABASA 9822 PUBLIC WORKS) March 21, 20ll March 20,2012 27601 20100533 MIAMI-DADE COUNTY 1$ 854,131.83 City Wide Road Resurfacing Maria Menendez City of South Miami October 1, 2011 March 29, 2012 Project No. SM·201 1-07-PW 1$ 42,823.59 Date Printed: 8/8/2014 Page 1 of 2 lJOBS COMPLETED] SOLORZANO 7809 GusPrego I 850-414-FDOT District 6 July 9, 2012 4477 August 18, 2012 1$ 305-416-I Eric Rush I City of Miami January 23, 2012 September 30, 2012 1298 1$ I (lVIDX) ITB 11-01 954-540-MIAMI-DADE "SYSTEMWIDE ROADWAY DARREN SPENCE 1919 EXPRESSWAY October 11,2011 . November 1,2012 2725 IMPROVEMENTS" AUTHORITY (lVIDX) 1$ 1 I CITY OF MIAMI BEACH CARLOS DA CRUZ 305-673-CITY OF MIAMI BEACH August 7, 2009 August 1, 2012 2656 7497 1$ 2,557,000.00 ~ Miami-Dade County Roadway 305-299-(MIAMI-DADE COUNTY Resurfacing Contract JOAQUIN RABASA 9822 PUBLIC WORKS) March 13,2012 December 2, 2012 ~ #20070593 1$ 1.068.517.00 E6H82 FDOT Push Button --Leah De Riel 305-640-FDOT District 6 August 14, 2012 December 16, 2012 tt Concrete, Etc. 7114 1$ (MIAMI DADE "MIAMI INTERNATIONAL 305-876-AVIATION , AIRPORT PAVEMENT MIKE RIVERA 0596 DEPARTMENT) MIAMI I-January 15,2011 ! January 15,2013 REPAIRS" RM6-07/09 INTERNATIONAL A City of Hialeah I Mayor Carlos 305-883-City of Hialeah I October 14,2012 I February 3, 2013 Hernandez 5800 FDOT --T6257 SW 8th Street FDOT 850-414-I FDOT District 6 I June 18,2012 I January 7, 2014 from the Turnpike to SR-826 4477 1$ 6.803.532.60 FDOT --E6140 SW 8th Street 850-414-from the Turnpike to SW FDOT 4477 FDOT District 6 January 13, 2014 May 22, 2014 132ndAv 1$ 876.233.00 FDOT -. T6307 SR934 FDOT 850-414-FDOT District 6 March 11, 2013 . May 30, 2014 NW81182 ST 4477 1$ 3.138.611.00 Projects 'Completed' TOTAL = $ 44,196,402.50 Date Printed: 8/8/2014 Page 2 of 2 3. Current workload 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. -S'€l:: j?A<G€ Z-'3 (3 b) RESPONDENT's proposed project organizational chart.'-$~ ~4 G e;-2--3 ~ c) Resumes of proposed key project personnel, including on-site Superintendent. -5' E C P,4G~ 5. List and describe any: 2'30/ Z3E f2..3F. a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, -;J (j AJ ~ - b) Any arbitration or civil or criminal proceedings, or -,JotJre- Suspension of =ntracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years __ N () HE _ 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: Telephone No.: © Thomas F. P,,!,c, 2014 4128(2014 -----+--,e ~,----,,-,@,----rz-=--II------~-"-'~-=--_~ PA-G& z..3 G Page 23 of 13 \ N \}J ~ ~ [OBSINPRO§,BESS I Street from NW 74 Av to Lee Dr FDOT •• T6327 Miami Gardens Dr. from NE 5 Av to Blvd. Miami·Dade County Roadway Resurfacing Contract #2013- 0169 Miami-Dade County Roadway Resurfacing Contract #2013- 0208 FDOT 4477 FDOT 850-414- 4477 Eric Rush 305-416- 1298 JOAQUlN RABASA I 305·299- 9822 JOAQUIN RABASA I 305-299- 9822 FDOT District 6 FOOT District 6 \"-',",yJ'~ .... u~p~v" .... .u ...... .u~..,J ("'\~ ..... t""\r._~ ___ ! PUBLIC WORKS) MlAMl·DADE COl (MIAMI-DADE COUNTY PUBLIC WORKS) :MlAM1-DADE COUNTY February 25, 2014 November 22,2014 June 1, 2014 March 1,2015 May 1,2014 August 20, 2014 March 13,2014 March 13, 2015 I February 13, 2014 August 7,2015 Miami-Dade County Roadway Resurfacing Contract #2013- 0169 Joe Carollo . I . 305-299-I City ofDoral 9822 #20 14"()6 ITBI May 12,2014 May 12,2015 Projects 'Started' TOTAL = $ Dat~ Printed: 8/8/2014 Jobs In Progress 14,565,592.19 $ 12,493,325.73 Pagelofl \ \ N ~ to , i H&R Paving Home Office Organizational Chart Raul Gonzalez President Euris Avila Milling Foreman QC Specialist Human €'?esources t"·' . '.:! ! .... H&R Paving Job Site Organizational Chart I Abe Rodriguez I I General Manager I I ... ... .. I Ernest J. Duffoo I I Arnold Carrillo I Philip Johnson l Project Manager I I Superintendent J QCManager I ... ... .. I Yudisbe/ Pino J I Willie Robinson I Haydel Martinez I Paving Foreman! I Paving Foreman I Milling Foreman QC Specialist '."" ....• ~' '-:""-.: Date Printed: 81812014 Page 1 of1 Your solut;ion company 1955NW UO Avenue Miami, Florida 33172 (305) 261-3005 Office (305) 592-6079 Fax Abe Rodriguez 7291 S. W. 138 Ct. .~liami, FL -3182 (305) 408-0534 'PROFESSIOl"L-<\L EXPERIENCE 19.34-present. EDGCATION G-cnera1 :Mallager. H &. R Pa..,~ Inc. Duties: Re$pons.ibit tor C' .... er:seeing entire operations :Or me company.:'vbnagir.g the d;;.~-to day operations. personnel me a.jmi.nis .. ration~ TI ... ""Ough H & R Pa-."lug, i'ilember C'filil: Latin Builders .--\s..~cia"':,~ll. Gr.3a1:aI" 1v1iami Chawber or CQmme:.;{!, Engmel;ting CDnrrac.:c;" < "~d.arion., Cu~.n . .lw1erican ?-Tanana! Foundation High School, Corn! ?::rrk Senior High. ~vfimnikDade Cou.--:t:o FL. graduated 1983. Elec:.h:es included business and govemme= courses. PElL~NAL PHILOSOPHY I am d~piy cornmined to tne concept that com.--u-uctiQI: n:-·adv..;:-ri;.. -is ~sem:ia1 to the aVer jnc.r;.;:::.slllg n~ds of South Florida. espec:i!lly. );Iil!mi-Darle C.Ollll1:'-' Refexences a-vailabJe upon request 23.D -- Address: 6718 Poinciana Court, South Miami, Florida 33143, USA , Phone (05) 781·8780 . E-mail: eid6718@atlanticbb.net Education: Bachelor of Science in Civil Engineering, Ro{Kia International University, USA. 1985 Associates Degree, Miami-Dade Community CoHege. Florida, USA. 1981 Professional Registrations: Ucensed Professional Engineer PE, State of Florida, USA, # 43923 Certifications I Professional Training: . MOT Advanced Training. EXperienced in Department Of Transportation. Federal Aviation Administration and Private Development Projects. Primavera Scheduling Hard Dollar Estimating Training. Contractors License (Pending). Skills: Project Manager and Estimator, Analytical Problem SOlving. ExceHent Proficiency in the use of Primavera Project Suite for Schedurtng. Proficient in project cost control, resource allocation. manpower analysis, personnel supervision. Responsible for bidding and administering multimiUion dolfar projects. including hut not Umfted to, owner negotiations, materials procurement preparation and computation of production rates for creWs, day to day project management and project closeout. Duties also included field supelVision when necesscuy. cost analysis and procurement oj work; administration and preparation of contracts for subcontractors along with purchase orders for suppliers. Responsible for Design Coordination as well as contracts negotiations. Fluent in English and Spanish. . Professional Experience: 2010-Present: Independent Consultant to Contractors: Estimating, bidding, scheduling, con~ct acquisition, materials procurement projects for contractors: Most recent contractors: 2005-2010: Central Florida Equipment, Miami, Florida, USA: Estimator I Project Manager. Most Recent Projects: 6) City of Ft. Lauderdale NEINW 61h Street Renovation. $15 Million .. Miami-Dade Water & Sewer Force Main Replacement. $5 M~fion • Jade Ocean Building Site work:. $2.5 Million o City of Coral Springs Public Complex. $2.5 Million • Florida International Building Law SchooL $3.0 MUlion Scope of Work: Earthwork operations, underground utifities, site clearing, road and parking lot construction, street'restoration, concrete operations. 1988-2005: APAC-Florida aka Superfos I Pan American Construction I P.J. Construction, Miami, Florida: Most Relevant Projects: • Florida Turnpike and NW 12th Street Interchange to Dolphin Mail. $24 Million • Miami-Dade NW 12lh Street from NW 10th to 111 Avenue Road Construction. $6.0 Million • Miami-Dade County Asphalt Resurfacing Contract. $3.0 Million • MacArthur Causeway Reconstruction. $27 Minion • Miami International Airport Runway 2.7 Extension. $9.0 Million _ 23> E_ Ernest j Dutroo, P "lEa Project Manager - Scope of Work: Earthwork, underground utilities,site clearing, signalization and lighting work, new bridge construction and widening, road construction, airport taxiway and runway construction. asphalt and concrete operations. Resided at Construction trailer office performing Office . Engineer duties 00 several projectS; responsibilities included reviel./1 of construction progress, budget analysis and construction engirieering administration. . 1935-1988: Bristol. Childs & Associates, Coral Gables, Florida: Designer/Project Engineer. Most Relevant Work: o Designer and Supervised Rarida Department ofTrailsportation, Miami-Dade PubUc Works. City of Miami Projects. .. Cost Analysis and Marketing for Miami-Dade County. • Cost Variance on all Projects. ,., Designer for M~i International Airport Incinerator Building. $38 MiRioo. Scope of Worle Design of earthwork, underground utilities, site clearing, signalization and lighting work. road construction, airport taxiway and runway widening, construction inspections, survey work, contract admInistration, coordination and preparation of technical specifications for water, sewer, paving & drainage plans; estimates preparation, rating contractors perronnance, resolving field conflict, and preparing final estimates for miinng. resurfacing, signalization, drainage, concrete pavement bridge widening. Also. preparation of letter of interests and technical proposals for customer presentation. 1983-1984: Rinker Southeastern National, Medley, Rorida: CO-OP Student; minor engineering design and-drafting; woiked on survey crew. References: Upon request H & R PAVING, INC. SOME GOVERNME'NT ·R·. ,E F E· R·.E·.N C E: 5 PROJECT AND LOCATION (1) Miami Cemetery millinglresurf,~City of-Miami More than 2 million 'dollars milling/resurf. . (2) projects @ City of HomeS.te~ Project ITB.# 12-1~ @ (3} City of Miami Gardens Several millingfresurf. projects tor more than (4) $10 million @ Miami-Dade County P.W. "City'Wlde Resurfacing" (5) City of South Miami - RM-6-07/09 Tamiami Airport (6) Miami-Dade Aviatio.'1 pPtrr.. . (7) More than $800.000 millinglresurf. CityWide City of ~mi Springs (8) Maintenance and Repair CH:y Roads citY of Aventura (9) "Asphalt ResurfacingD Ci!Y of Hollywood (10) FI?OT ProjectT6257 $6'461,991.00 SW 8th Sf M;ambDade Gaunt,y (11) More than $1 mUUan in milllngJresurfac. Projects in City of Miami Beach (12) Project 830681 $850.000,00 City of Miami Ramon Berges-' RBerges@miarnigov.com Bill Schlehuber -BSchlehuber@ciI.yofhomestead.com Sheny Ader -sader@cityoihomestead.com Manga Ebbe-mebb~iamigardens-fl.gov Joaquin Rabassa-jra@miamidade.gov Carlos Palma-Cfl!:!lma@miamidade.gov GrizeJ Martinez GMartinez@southmiamifl.gov Miguel Riera MRlera@miami-airport.com Lazaro Garaboa Q~~boal@miamisprings-fl.gov . Anttt~y Tomei tomeIt@cityofaventurs.com MosheAnuar manuar@hoilywoodfl.org EmiUo Zamora EZarnora@bermelloajamil.com Mike Alvarez-P _W. Infrast.ructure Director mikealvarez@miamibeachfl.gov Eric Rush erush@rniamigov.com -23 {i - STATE OF FLORIDA COUNTY OF MIAMI-DADE NON-COLLUSIO N AFFI DAVIT ) ) ) ~ /}VL-60NZA-lcZ------------------_c_----being first duly sworn, deposes and states that: HelShe!They is/are the __ .:.-f_I2-_Ei-_~_(_·D_e_;::7V __ _=·r _________ _ '(Owner, Partner, Officer, Representative or Agent) of +t 4: R fJAVfNf::,. --::.r.,JC. the Respondent attached Proposal; f (I) that has submitted the (2) HelShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. © Thomas F. Pepe, 2014 4128/2014 Page 25 of 73 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 CONTRACTOR, 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. J. This swom statement is submitted to C,' [print name of the public entity] by -----'-~_~_u_L, __ G_o_,J_~_Lc2-__ -_ _'_/~_Il_E>"'_____/_D__"'8\..J=___r=_"____ for [print individual's name and title] II--I;e. /?4-y; ~ <f? jJ 7::Ai C [print name of entity submitting swor!l s~tement] r:::> .I 7~ .,,(qrr NvV ,f40 At/€:"· H I'A-Pl / -' FL '3 ~ 'f ~ business address~ and (if applicable) its Federal Employer Identification Number (FEIN) is SUb 9 tJ d:; :;L... (lfthe entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July !, 1989, as a result of a jury verd ict, non-jury trial, or entry of a plea of guilty or nolo contendere. . 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, © Thomas F. Pepe, 2014 4/28/2014 Page 27 of73 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. on information and belief, the statement which I have marked below is true in relation to the ubmitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this swom 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 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 REQUIRED TO 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. . . .,/ .. _=.-;.~~,:,' . tJ f ~ day of V~.~< *[~~;;-. r~{ ~ .. ~ :1,·>2VO/4 </. Sworn to and subscribed before me this _____ ~ ~ Personally known:to ·,ME OR Produced identification (Type of identification) Form PUR 7068 (Rev.06111/92) © Thomas F. Pepe, 2014 4/28/2014 -Notary Public -State of t= L Page 28 of 73 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. 1) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to Si~ the statert1~~' I c/;;t~:~::t~fS firm complies fully with the above requirements. R.ESPONDENT's Signature:(~';:;:L '""";:;;;'~>c/:'~ Print Name: (LM L Go Ii) uL€"2-.-~e=s (1)~ T Date: _____ t> __ -f----.......... ----:!p.--7--.!:>--A-4- © Thomas F. Pepe, 2014 412812014 Page 29 of 73 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI lUI J L Go N z.A (,€""Z-W i-n+ . We, 1J: ~ A fA v, iJ 6 ) Y!'ic ", (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRA TORs for the 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): :¢t:!Y5 t:;:;;, t7 tJ to comply with such act or regulation. Title © Thomas F. Pepc, 2014 4/28/2014 Wi!n4ss / Page 30 of 73 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this """""' .... """ ~,;;¥~-091, Landscape 31 ~------------+-------------~~~~~~~~~~~~~~~(~~4~QII~f Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing laboratory Soil Fumigator Signs Other. to the within five (5) business days after © Thomas F. Pepe, 2014- 4/28/2014 (f , Cuf; II Page 31 of 73 RELATED PARTY TRANSACTION VERIFICATION FORM fllJ..-U L G ~I\J 2-4lez-. individually and on behalf of it-4 tZ fYA V I ~G I ~ C . ("Firm"}have Name of Representative CompanyNendorlErrtity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (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 SA-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[See Note #1 below], 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 V(ith the city, or with any person or agency acting for the city, other than as follows: ______ -..,-____________ --,---_--:----:_--::-_(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and (4) no elected and/or appointed official 01-employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ~----------------------------------------____ --__ --____ -------(rrnec~saryuseaseparate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which add itional 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: __________ _ _____________________________________________________ ~~ ______ (rr necessary use a sepa.rate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below] (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, 2014 4/2812014 Page 32 of 13 (6) I and the Finn hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: -(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). (1) 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) any city employee; or (iiO any member of any board or agency of the City other than as follows: _____________ -_________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Finn or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties'1 has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded. other than the following: __ ______________________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, Le., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oa~h). [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 Finn, 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 Finn agree that we are obligated to supplement this Verification Fonn 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 Finn. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, f declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made herei~above are _~/ and _~fect ~:07e est of my knowledge, information and belief. -,,/ --/-7A' /-/-~~ SIgnature: /><.c ---' 2:-<-----2./ ~_ Print Name & Title: 1J.4 uCG~.J~2-" f(L~" D~ -r- D<1/f)9/~I/+ Date: I t © Thomas F. Pepe, 2014 4128/2014 Page 33 of 73 ACKNOWLEDGEMENT STATE OFFLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the () gi~ day of , 20 ~ before me, the undersigned Notary Public of the State of Florida, perso ally appeared e(s) of individual(s) who appeared before notary) L-, N -z. A--l-€"':Z.-and whose name(s) is/are Subscribe~e within instrument, and helshelthey acknowledge that he/she/they executed it. ~~ ---..-- WITNESS my hand and offidal seal. NOTARY PUBLIC: SEAL OF OFFICE: © Thomas F. Pepe, 2014 4128/2014 ~(? SIS' A, Cff;4GD yE'N --Lv c.A-2 (Name of Notary Public: Print: Stamp or type as commred .) __ V_ P P"'errsonally known to me, or Personal identification: Type of Identification Produced __ 9id1:ake an oath. or ~ Did Not take an oath. Page 26 of 73 Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section 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; if the finn is a publicly traded company, the statement in this section shall be based solely on the signatory.s personallmoWledge and hefshe Is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed offICial or employee or 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. Sec. BA-I -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. BA-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, ag~eement 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. © Thomas F. Pepe, 2014 4/28/2014 Page 34 of 73 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 bya city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposa I has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be rumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (J ) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise. or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be perfonned, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from a public meeting at which official action is to be taken. ©Thomas F. Pepe, 2014 4/2812014 Page 35 of 73 (4) Disclosure. Any person included in the term defined in paragraphs (b){I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees offinns doing business with the city. Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation, firm, partnership or business entity in whim that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a swom statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b ) (I) throLJgh (6) shall corruptly use or attempt to use an official position to secure special privileges G!r exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b){l) through (6) shalf accept other employment which would impair independence of judgment in the performance of any public duties. G) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed-with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall © Thomas F. Pepe, 2014 4128/2014 Page 36 of 73 the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person induded in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, lioense, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectJy, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests invofved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment., equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city.or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advanoe at a public meeting attended by other city officials, officers or employees. (P) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(I) whose city service or employment ceased after the effective date of the ordinanoe from which this section derives. (4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ord inance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly· where he or she knOWingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advioe, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the © Thomas F. Pepe, 2014 4/28/2014 Page 37 of 73 requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-/680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ SA-I and 8A-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (lA-I), I (IA-2) adopted Jan .. .11,1969. © Thomas F. Pepe, 2014 4/28/2014 Page 38 of 73