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REMEDIATION GROUPOR�l 6; oct L-, 5)i � ' O k ity of South Miami Request for Proposal for r • C Submittal Due Date: Friday, July 26, 2013 at 10 CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: CHARTERED OFFICIALS City Manager: City Attorney: City Cleric. Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh Steven Alexander Thomas Pepe, Esq. Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence, Integrity and Inclusion" tpepe02 -18 -13 Page I of 69 South Miami bAd Ail- AmecaClty i :001 I, X CITY OF SOUTH MIAMI Bus Shelters Phase 2 RFP #02013 -07 The City of South Miami, Florida (hereinafter referred to as "CSM ") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP "). All references in this Solicitation (also referred to as an "Invitation for Proposals ") 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 # C2013 -07 titled "Bus Shelters Phase 2." The purpose of this RFP is to contract the services necessary to the complete the construction of the proposed bus shelters in accordance with the plans prepared by G. Batista & Associates (hereinafter referred to as "the Project" or "Project ") 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 A.M. to 4:00 P.M. or by accessing the following webpage: http: / /www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents included with the RFP. The Proposal Package shall consist of one Information clearly printed or written on the is delivered: the title of this RFP" as follows the sealed Proposer (also referred to as "Respondent"). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, July 26, 2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Mandatory Pre - Proposal Meeting will be conducted at City Hall in the Commission Chambers on Friday, July 19, 2013 at 10:00 A.M. The meeting shall be held regardless of weather conditions. However, any requests for additional information or questions must be in writing, emailed by 10 A.M. local time on Wednesday, July 24, 2013 to the attention of Mr. Steven Kulick, Purchasing Manager at skulick @southmiamifl.gov. 1W 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. Maria M. Menendez, CMC City Clerk City of South Miami tpepe02 -18 -13 Page 2 of 69 SCOPE OF SERVICES The project consists of furnishing of all labor, materials, tools, equipment, machinery, superintendence and services necessary for the complete in place construction of bus shelters at two different locations. The proposed construction project is located on the NE corner of Sunset and SW 58 Avenue and at the SE corner of SW 59 PI. and SW 69 St. 2. PLANS AND SPECIFICATIONS The proposed project is to be estimated and constructed in accordance with plans, refer to Exhibit #1 and Exhibit #2, entitled `Bus Shelter South Miami, prepared by G. Batista & Associates dated 6/10113. There are two different locations for the bus shelters: • Exhibit #i: NE corner of Sunset and SW 58 Avenue and; • Exhibit #2: The SE corner of SW 59 P1. and SW 69 St. 3. PROJECT DURATION The current estimate to complete construction of the project is 120 days from issuance of Notice to Proceed. This is an estimate and the public bidding process will determine the actual construction cost. A Performance and Payment Bond is required for the full amount of the project END OF SECTION �v tpepe02 -18 -13 Page 3 of 69 UNU• 00 ,, Bus Shelters Phase 2 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE 'PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for Bus Shelters Phase 2. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation : and . evaluation, . indicates.. inability of afirm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back -up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable, of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions; Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise specified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting .document or documents in the list .shall take precedence over the documents in the list found below it: a) Attachments/Exhibits to Special or supplemental conditions to Contract b) Special or supplemental conditions to Contract c) Attachment/Exhibits to Contract d) Contract e) General Conditions to Contract f) Addenda to RFP g) Attachments/Exhibits to RFP h) RFP i) Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the rw confirmation of the proposal award by City Commission, if the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty -four (24) hours of opening the response submittals received, along with a request for permission to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. 7. The terms, provisions, conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by Wednesday. July 24. 2013 at 10 A.M. to the attention of Steven P. Kulick at skulick0southmiamifl.gov or via facsimile at (305) 663 -4368. tpepe02 -18 -13 Page 4 of 69 9. The issuance of a written addendum is the only official method whereby interpretation and /or clarification of information can be .given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP ") by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and 99 -1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre- proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contracts or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12., Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it negotiated a contract that is satisfactory to the City. ra g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor: or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. tpepe02 -18 -13 Page 5 of 69 16. Public Entity Crimes. A person or affiliate of the Respondent . who has been placed on the convicted vendor list pursuant to Chapter 287 following conviction fora public entity crime may not submit Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub- contractor, supplier, Sub - consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the .Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver 'tn tha Ciry /: ac a RFP P.,".. rkdfnllnwinrt A°....,e,. a) I he Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond, (Bond or cashier's check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and /or Letter of Insurability. g) The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the 18. All erasures and corrections must have the initials of the Respondents authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink: all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase "not applicable". + 19. Goods: If goods are to be provided pursuant to this RFP the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal ", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the .goods described in this Solicitation with appropriate identification, samples and /or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk; and errors shall not release the Respondent from his /her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby; or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices; terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the tpepe02 -I8 -13 Page 6 of 69 E Proposal. Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations for Proposals shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 20. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 21. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in the City's Standard Indemnification and Insurance Requirements; in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s); or b) At the time of the Proposal submission the Respondent must submit evidence, acceptable to the City, of Insurability in the form of a letter from Respondent's insurance carriers ( "Letter of Insurability") demonstrating the ability to obtain coverage outlined in City's Standard Indemnification and Insurance Requirements. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best's Key Rating Guide, latest edition unless otherwise required by City's Standard Indemnification and Insurance Requirement and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the Respondent, which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City as an additional named insured who shall have the option, but not the duty, to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) f) Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 22. Copyrights and /or Patent Rights:. Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 23. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive, responsible Respondent as determined by the City Commission, subject to the right of the City to reject any and all proposals, to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 24. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price; responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and /or with other units of state, and /or local tpepe02 -I8 -13 Page 7 of 69 governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 25. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 26. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 27. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 28. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a Judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent 29. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 30. Bonding Requirements: The Respondent, in submitting this Proposal, shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed avalid Proposal Security. 31. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and /or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 32. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance, as well as the applicable insurance policy with required endorsements, a Performance and Payment Bond if required, and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond /Security that accompanied the Proposal, and the Proposal Bond /Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates. Proposal tv Bond /Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 33. Pre- proposal Conference Site Visits: It is mandatory that all Respondents attend a pre - proposal conference if required or requested by the City, and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre - proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. tpepe02 -18 -13 Page 8 of 69 34. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. 35. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. 36. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel, in whole or part, any invitation to bid when it is in the best interest of the City. 37. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. END OF SECTION tpepe02 -18 -13 Page 9 of 69 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 documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: I 14 16 20 23 25 27 28 29 30 68 Submit this checklist along with your proposal indicating the completion and submission of each required forms and /or documents. END OF SECTION tpepe02 -18 -13 Page 10 of 69 X Bid Form X Prop and X Perf ance Bond X Respondents Qualification Statement ,r X Non - Collusion Affidavit V X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards XX List of Proposed Subcontractors and Principal Suppliers " " x Related Party Transaction Verification Form ✓ X Indemnification and Insurance Documents I 14 16 20 23 25 27 28 29 30 68 Submit this checklist along with your proposal indicating the completion and submission of each required forms and /or documents. END OF SECTION tpepe02 -18 -13 Page 10 of 69 Project Name: Bus Shelters Phase 2 RFP NO. C2013 -07 Date: July 19, 2013 Sent: Fax/E- mail /webpage 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. Ouestion #I: Is a bid bond required for this project and if so, what is the percentage of the bid bond? Answer to Ouestion #I: No Bid Bond is required. Ouestion #2: What is the budget for this project? Answer to Ouestion #2: "I The budget for this project is $98,000. Please refer to the "Capital Improvement Program 5- Year Plan," from the City's adopted budget FY 2012- FY 2013, attached to this Addendum. Question #3: Are there restrictions related to traffic while the shelters are under constructions? Page 1 of 2 Answer to Ouestion #3: Yes, for the downtown location only, (SE Corner of SW 59 Place and SW 69 Street), traffic cannot be blocked during rush hours; 7:00 AM to 9:00 AM and from 4:00 PM to 6:00 PM and; traffic flow cannot be blocked for more than 4 consecutive hours. The awarded contractor must submit a M.O.T. to the City of South Miami's Public Works Department, Attention Jorge Vera, Capital Improvements Project Manager. Ouestion #4: Is the contractor responsible to provide and install the metal City Seal affixed to the bus shelters? Ouestion #5: No, the contractor is not responsible to provide and install the metal City Seal. The City will provide and install the seal to the completed bus shelters. Question #6: Are permit fees the responsibility of the contractor? Answer to #6: All City of South Miami permit fees will be waived. Other government entity permits, if required, are the financial responsibility of the contractor. Pre - approved City of South Miami permits have been pulled and are waiting for the awarded contractor's signature. Question #7: Does the Bus Shelter require approval from Miami -Dade County's Public Works department? Answer to Question #7: No, both Bus Shelter locations are not located on roadways maintained by Miami -Dade County. • 113:4 0 1 bill Ird &2 0 m L.11 1111,rd riva -1:8 lizr&i 51:1111 J03,WiW_1;J Page 2 of 2 Project Name: Bus Shelters Phase 2 RFP NO. C2013 -07 Date: July 23, 2013 Sent: Fax /E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Proposal (RFP) 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 # Sheet A -.101 for both shelters under General Conditions lists a $900 site visit allowance x 6 visits! Is this for each shelter — so you have 12 visits total = $10,800? Answer to Ouestion #1: Both shelters shall include a total of six (6) visits, or three (3) visits per shelter. Ouestion #2: App Is a project sign required or is this optional? Answer to Ouestion #2: The project sign is to be purchased and installed by the City and is not the responsibility of the awarded contractor. Pagel of 3 Question #3: Just wanted to confirm that this project no longer requires a bid bond of 5% per the Addendum #1 dated July 19, 2013. Also, the Proposal Checklist indicates Performance Bond (pg 16) is required in the proposal, but the bid documents say this is only necessary if awarded contract. Please clarify. Answer to Question #3: The Performance Bond is a condition for the awarded contractor. A Performance Bond is not required with the proposal. Question #4: Can we have the specs and fastening details for the SS mesh ? Answer to Question #4: The mesh and attachment is to be stainless steel rust resistant "grid" pattern, architectural mesh with "u frame "' by Cambridge Architectural or approved equal. The mesh is to be installed as per manufactures specification. Awarded contractor to provide shop drawings signed and sealed by Florida registered Engineer Question #5: What type of paint is used on the steel? Answer to Question #5: (1) Roof & Beam finish - Painted finish with Tiger Drylock RAL color 6012 powder coat or approved equal. Awarded contractor must provide sample to the City's Project Manager for approval. (2) Roof System - To be hurricane proof galvanized corrugated metal panels and fasteners by Centria. To be install as per manufacture specifications. Awarded contractor provide shop drawings signed and sealed by Florida registered Engineer Question #6• Is the finish coat applied on the top side of the roof? Answer to Question #6: Yes, finish coat is applied on the top side of the roof. Page 2 of Question #7: Are the existing benches and trash receptacles to be finished? Answer to Ouestion #7: No, the existing benches and trash receptacles are not to be finished. Question #8: Is the slab 4 Inches or 6 inches? Answer to Question #8: The slab is 6" (inches.) Question #9: Will a roofer be involved in this project? Such as permits. Answer to Ouestion #9: No a roofer is not required; this would be up to the contractor. Question #10: Plans call for soil treatment, is it necessary? Answer to Ouestion #10: No, soil treatment is not required. Question #11: Will a final survey be required? Answer to Ouestion #11: No, a final survey is not required. IM Page 3 of 3 � f! THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RFP Bus Shelters Phase 2 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included . in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP, Invitation. for Proposals and Instructions to Respondents; including without limitation those dealing with the disposition of Proposal Bond /Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract, the Bonds, Insurance Policy with appropriate endorsements, Insurance Certificate, and other documents required by the RFP, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a:. Respondent has examined copies ofall the RFP Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. �g Dated: 4f) Addendum No. -ft Dated: Zu Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: I. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. tpepe02 -18 -13 Page I I of 69 -17 iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract. Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations; tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts; errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit -a false . or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding;. and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 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 Conor cc Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price of. LUMP SUM BASE PRICE: dollars and Alternates: , )j% la #2 #3 M0 0 #7 E:] cents $ 1631-7g a p® A fee breakdown, if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non- responsive. 5. The ENTIRE WORK shall be completed, in full, within 120 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 concerning this Proposal shall be addressed to: tpepe02 -18 -13 Page 12 of 69 RESPONDENT: Address' Telephone: Facsimile: Attention: TG 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, . unless specifically defined in this RFP Package. SUBMITTED THIS ,96 DAY OF gliq 20. PROPOSAL SUBMITTED BY Ao e a�`OA .Tit 9V-3 V 7- 5-161 Company Telephone Number P1-*nL11 ><Ja Title 96'V 33°1- g1o39 Fax Number END OF SECTION tpepe02 -I8 -13 Page 13 of 69 ALTERNATE D RFP Bus Shelters Phase 2 The spec for the corrugated metal roof system given in the bid package by Centria was $14,953.00 The corrugated metal roof system by Corrugated Metal, Inc. that we used in our lump sum bid proposal was for $5,600.00. The difference in the two is $9,353.00 so this is our amount for the Alternate Add #1 if the spec'd system by Centria is used. M RFP Bus Shelters Phase 2 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar construction projects completed, 3 a) In the past 5 years 3 In the past 5 years On Schedule b) In the past 10 years In the past 10 On Schedule 2. List die last three (3) completed similar projects. a) Project Name: W.Mmi ,Pckn- Pmi5e- -a7 d F..,;:' Owner Name: C/o Qr(C,(1, 4 InV s-YrY\Qn -H in( Owner Address: 33'x." S ��r11V0t'Sr}L; Y)4' '!)LI VI+r, FL Owner Telephone: 955. '452 r(;Y;:{ ) Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract. Pricer Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract (Days): Completion Time Original Contract Completion Date: Actual Final Contract. Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner. Name: Owner Address: Owner Telephone: Original Contract. Completion Time (Days): dC11j s Jan iH1 -) g3 Jt L11 e 2-1 03 2'7 Cabin [)Y: < SinIenGi, (.F,�jiiY IC4 -}-ern Cln[i 7) 33;5,7 3L.CM. MSC' da , T Gid6iL. on F`Cr 12U dc6i�5 Gricinai Cc�niTCic�i- ncl 4--Fu--r r)rder 1' ROLL ti H'QY) ht 1 1 ti M , � �Js (p(lai Siruusi) CU N Fic)nrli1 M jn`;o r, W'nf f--t- Pctici Strnz .: SLQi o =j St's `7 daq 5 tpepe02 -18 -13 - Page 20 of 69 Original Contract Completion Date: N4:g/'2„i`';'jber 25 ",?GIZ Actual Final Contract Completion Date NIDyP_ l9 bc_r ?,j, 2-o I'L Original Contract Price: 12 S,�3 Actual Final Contract Price: 12-2, V -3 3. Current workload riG'Y1eer (-tick= R.IIrn 6ectchcco'T['y' KaizA .jCUr�es E" emgma j -ILr-) Schc IS 1nsMjn170. cF NAVFA(. < +his ticiirt�li F€ tael c, ctr 22,(U3�1.Lc?tyi 11` > "lyy.1 arairtotge K Qtr7 N4 vMc scu-i - %0,'L # �ii)e5icy� mouldt,ut?i S r;r. �3c1 „ 2 1 G. { i�i�1,37a.t.j N &eorgia F Q,ilI Oavv�on' 9�an Feu � u.aRr'se�' �xn �e.0 e 4. The following information shall be attached to the proposal. , Haaeri a) RESPONDENT's home office organization chart. /76�u b) RESPONDENTS proposed project . organizational chart. c) Resumes of proposed Ivey project personnel, including on -site Superintendent 5. List a nd describe any: �°% a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or N/A N "A. Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years N,1l+ I. Government References: tpepe02 -18.13 Page 21 of 69 List other Government Agencies or Quasi - government Agencies for which you have done business within the past live (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project. Name of Agency:. Address: Telephone No.: Contact Person: Type of Project:. �S "d D-pAQ AiC�YYI niC'�- YZ�.-}lC�'1 L Fw`i� 'y g r'1 irr?e r ; A 1 1 czn � E /� 303 11OLf 253 212-1H tpepeo2 -I8 -13 Page 22 of 69 lQC%fl §1 i"lH }7tn Key Individuals Fred Rodriquez - Fred Rodriguez, Remediation Group, Inc.'s (RGI) President, manages RGI's Large Commercial Project Division for both the Corporate Office in Atlanta, Georgia and RGI's Florida Office. Fred has 20 years of experience in the Restoration and Construction Industry. Fred is currently overseeing the Ponce City Market Project in Atlanta, Georgia. This $1.3 million contract includes Asbestos and Lead Abatement as well as Historical Renovation & Restoration. Jason Kiein - Jason Klein, Remediation Group, Inc.'s Vice President, has been a Florida- licensed Mold Remediation Contractor for 8 years. Jason also holds a Florida Demolition License and is the General Contractor for Remediation Group, Inc.'s Florida Office. Jason oversees RGI's Environmental & Restoration Divisions and focuses primarily on Government Contracts. Jason is currently overseeing the Chinese Drywall Abatement portion of the Winston Park Phase II project. Ruben Simpson - Ruben Simpson oversees Remediation Group, Inc.'s Residential Environmental Division. Ruben manages the crews, coordinates schedules, estimates remediation and abatement projects, and ensures that the scopes of work are accurate. Ruben offers more than 16 years of managing experience. Ruben is currently overseeing the Midtown 2 & Midtown 4 Mold Remediation Project in Miami, Florida as well as several residential projects. Ted Vankessel - Ted Vankessel heads up Remediation Group, Inc. Florida's Construction Division. Ted oversees both commercial and residential projects. Ted estimates the projects, works closely with trades, and ensures proper permits are pulled. Ted has over 35 years of experience in the Construction Industry. Ted is currently overseeing the Construction portion of the Winston Park Phase II project as well as several residential projects. TED VAN KESSEL - Ted Van Kessel heads up Remediation Group, Inc. Florida's Construction Division. Ted oversees both commercial and residential projects. Ted estimates the projects, works closely with the trades and ensures that proper permits are pulled. Ted has over 40 years of experience in the Construction industry, working as project manager and superintendent for General Contractors and is highly skilled and competent in the General Contracting business. Ted has just finished overseeing the Construction portion of the Chinese Drywall removal for the Winston Park Phase II project in Coconut Creek. He has completed several recent residential projects, as well. Other personnel within RGI that would be working closely with the City of South Miami, from management, administrative, technicians to laborers are listed below with the number of years with RGL They all come with experience in the Construction Industry, both residential and commercial: Fred Rodriguez - 10 years Jason Klein - 8 years Ruben Simpson - 4 years Drew Sorenson - 3 years Katie Klahn - 4 years Dudley Floyd - 2 years Laura Hornor - 2 years Leandro Silva - 4 years Miguel Gama - 3 years Richard 3ames Broderick - 4 years Hector Gonsales - 2 years ishmel Gonsales - 2 years Bobby Prosper - 2 years Susie Gysssler - 2 years 41 STATE OF FLORIDA COUNTY OFD ts.Ki� RFP Bus Shelters Phase 2 V lA��. i.Jl' ! KI&L being first duly sworn, deposes and states that: (1) He/ She /Theyis /arethe Prim -jvnaJ (Owner, Partner, Officer,. Representative or Agent) of e.l . l_f,ckw l A ; 7 0— the Respondent that has submitted the attached Proposal; (2) He /She/They is /are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding . or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: i`-M&d(! e.Q-ti"Yt By: Witnness Witness zIgLlJ3 Date tpepe02 -18 -13 Page 23 of 69 fiy ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI -DADE On this the day of _ 20_13, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name s) of individual(s) who appeared before notary) s,4�d� (�j(1 -1 n and whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. j ` L Notary Public, Stat6yof Florida NOTARY PUBLIC: SEAL OF :OFFICE:. (Name of Notary 'Public: Print, Stamp or type as commissioned.) aa0$Y1 N01°YPSVtamFbw® Personally known to me, or Susan Gyasler My COmmiseWn EEtt1236" orn Exw�so�n trots Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 24 of 69 ¢0 5 -14 i • �. RFP Bus Shelters Phase 2 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 fora 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 apublic entity, may not be awarded to perform Work as a RESPONDENT, Sub - contractor, supplier, Sub - consultant, or Consultant under a Contract with anv public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to —T�„ ( [print name of the public entity] by VU n K_1e;li. 1 AtYtP'/JJ [print individual's naf/n1a� and title] for �E�bV1P.e.PitR.�ti''bl"f t�(i�ae f>8 [print name of entity submitting sworn statement] whose business address is :x!13! SW q'% Aiw, t Sk qo chiavilk, FL 33-51`4 and (if applicable) its Federal Employer Identification Number (FEIN) is 4D - o aq6 /5 e (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States; including; but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo tontendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in C, Thomas F. Pepe, 2011 -2013. All rights reserved. 6!18/13 Page 25 of 69 IM the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 267.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, . and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 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 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY 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 CATEGO TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. /"'��' a Sworn to and subscribed before me this Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev.06 /11/92) C) Thomas F. Pepe, 2011 -2013. Ali rights reserved. 6/18/13 Notary Public- State'of ,F(oridc, My commission expires -11 1 t I 1 5 (Printed, typed or stamped commissioned name of notary public) REK tate W er EEi7016 Page 26 of 69 Say RFP Bus Shelters Phase 2 Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing; possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contenders 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 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 agood faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to :sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT''��s��Signature. _ Print Name: Date: T It I "R CO Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 27 of 69 1 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS RFP Bus Shelters Phase 2 TO THE CITY OF SOUTH MIAMI We, r iedi401) Iaen'n. Lo_ (Name of CONTRACTOR), hereby acknowledge and agree tint as CONTRACTORS for the Bus Shy elters Phase 2 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 G. Batista & Associates 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): to comply with such act or regulation. CONTRACTOR �CEti12l�I(LiiDYl �fD1t .� Na Title © Thomas F. Pepe, 2011 -2013. All riglus reserved. (118!13 x Page 28 of 69 «r This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. �D Thomas F. Pepe; 2011-2013. All rights reserved. 6/18/13 Page 29 of 69 my Bus Shelters Phase 2 BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. -77-TUFM4 M-0 Landscape ~�� Sodding and Turf Work Electrical N/ Irrigation A) It9 Paving A)114 Park Amenities Af1f 1 Graphics N/)9 Utilities WA- Excavation A)1A ///+ Building X Structures �Jm- ff {ff{ Plumbing �� Painting f Testing Laboratory IV UY q6 - galeeri ilUAjepitsi� t*1) ach F1 359atp S,r %p °�q ®� Soil Fumigator A //� re "b Signs r Other: rn� lry ftw ry 1/O93 1"i ua Palu) &achF1 nYl t t c f O ' �.ineGS 1 wag rd uV -(cW9 t QArA Mi. FL This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. �D Thomas F. Pepe; 2011-2013. All rights reserved. 6/18/13 Page 29 of 69 my RFP Bus Shelters Phase 2 I Tc3 y) K(e l n individually and on behalf of @R f 8-J" Fri tCfl ' �TYy ( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami .( "City')'s Code of Ethics, Section 8A -1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge; information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _(use (if .necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of those who have a. financial interest in the Firm.]; and (4) no elected and /or appointed official or employee of the City of South Miami; or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and /or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure aspecial 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. Ot Thomas F. Pepe, 2011 - 2013.. All fights reserved. 6/18/13 Page 30 of 69 (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business . with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line; to the additional sheet and the additional sheet must be signed under oath). X: \Purchasing \Vendor Registration \12,28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the C=ity Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing soon behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than b% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by 1W and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investI to matters to which I am attesting hereinabove and that the statements made hereinabo re true nd r to the best of my knowledge, information and belief. Signature: 1f 4K �% Print Name & Title: f c a�cio �(,o , 1'@� g� ai pJ . Date: -113 O Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 31 of 69 ATTACHED: Sec. SA- I - Conflict of interest and code of ethics ordinance. Municode Page IOM Sec. 8A- I. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to request by the city, or entering . into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract; agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or IV position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); - (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering atransaction which would violate this subsection but 0 Thomas F. Pepe, 2011.2013. All fights reserved. 6/18/13 Page 32 of 69 for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not 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)(1) through (6) and in paragraph (b)(9) shall enter into any contractor 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 contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, . no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to acceptor agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to betaken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. 0 11iomas F. Pepe, 2011 -2013. All fights reserved. 6/18/13 Page 33 of 69 (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position; nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept otheemployment which would impair independence of judgment in the performance -of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full -time city employee may accept, incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph t. is obtained. c. Approval of department head :required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require: monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract; certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to athird person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. - 0 Thomas F. Pepe, 2011 -2013. All rights nser ed. 6/18/13 Page 34 of 69 (n) Acquiring financial Interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) thro —gh (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 director indirect. Nothing contained in this subsection shall prohibit any individual from submitting routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment teased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and' substantial interest; and in which he or she participated directly or indirectly through decision; approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; during his ocher city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6 -99 -1680, § 2, 3 -2 -99) Editor's note - Ord. No. 6 -99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced them with new §§ 8A -I and BA -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (IA -1), 1 (fA -2) adopted Jan ...I I, 1969. © 71iomas F. Pepe, 2011 -2013. All rights reserved. 6118(13 Page 35 of 69 rc.s AC#6303472 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L12082500779 8/25/20121120074735 ,ICGC1518930 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2014 KLEIN, JASON GEORGE REMEDIATION GROUP INC. 3731 SW 47TH AVE SUITE 401 DAVIE FL 33314- RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW TOWN OF DAVIE BUSINESS TAX RECEIPT First -Class Mail PRSRT 6591 SW 45 °i St U S Postage Paid Davie, FL 33314 PDS Name and Location of Business Tax Receipt REMEDIATION GROUP INC 3731 SW 47 AVE DAVIE FL 83314 e: Unclassified Phone 4: 9543475157 ective Date: L 10/01/2012 Expiration Date: 9/30/2013 ense J:: 41247 License Description: Unclassified im REMEDIATION GROUP INC 3731 SW 47 AVE 401 Restrictions: DAVIE FL, 33314 awu CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDNYYY) 7/24/2013 THIS CERTIFICATE IS ISSUED AS AMATTER 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the lamas and conditions of the Policy, certain Policies may require an endorsement. Astatdment an this contracts does not confer .rights to the certificate holder In lieu of such endorsement(s). PRODUCER UNITED NATIONS INS AGENCY INC 7200 W Camino Real # 302 Boca Raton, FL 33433 561 988 -2542 EACH OCCURRENCE NAME: KAREN LOCONTI -DIAZ ac °O." iBaren@uniagency.com 988 -2542 iac, Na): (561) 988 -2593 AoDRESS:karen @uniagency.com INSURERISI AFFORDING COVERAGE NAICN INSURER A: Rockhill Insurance Co an INSURED REMEDIATION GROUP, INC. PREMISES (Eahooc rmnce) INSURER 5: COMMERCE & INDUSTRY INS. CO MED EXP(Any onoperson) 3731 SW 47th Avenue, Ste 401 A INSURER C: Davie, FL 33314 R PKG E 005888 - 0110/19/1210/19 INSURER 0: /13 INSURER E: $ 2,000,0001 866 645 -3391 $ 2,000,000 INSURER F: CUVERAGES 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 PAID CLAIMS. IMIR _ TYPE OF INSURANCE x a wm POLICY NUMBER (tdMIEICY V) LAP (MWDDYeULIU YYYY) LIMITS GENERAL LIABILITY AUTHORIZEE'DT� YEP/RESENTATIVE EACH OCCURRENCE $ 2 000 000 x COMMERCIAL GENERAL LIASILITY CLAIMS -MADE I . I OCCUR PREMISES (Eahooc rmnce) $ 550 000 MED EXP(Any onoperson) $ r A X Contractual R PKG E 005888 - 0110/19/1210/19 /13 PERSONAL &ADV INJURY $ 2,000,0001 GENERAL AGGREGATE $ 2,000,000 OCCURRENCE FORM GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ 2,000,000 X POLICY PRO- LOC JEU $ AUTOMOBILE LIABILITY — Ea ocdrf nl $ BODILY INJURY (Per person) $ ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS _ BODILY INJURY (Per aroderb $ NON-OWNED HIRED AUTOS AUTOS _ PROPERTY WAGE (Per accid.ra) $ $ UMBRELLA LIAS OCCUR EACH OCCURRENCE $ EXCESS LIAR CI-AIMS-MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRDPRIETOWEXCLUDR/eT'ECmNE (Mandnory kIn NH( auDEOt I(yegtlocnibe oneer N/A WC 003 -63 -9410 10/2/1210/2/13 X TORY LIMITS X OER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L.DISEASE - POLICY LIMIT $ 1 00O OOO OEBCRIPTION OF OPERATIONS below CONTRACTORS $2,000,000 EA OCC. A POLLUTION LIAB. R PKG E 005888 - 0110/19/1210/19 /13 $2,000,000 AGGREGATE t DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES (Alfach ACORD 101,Atltlilional Remarks Schetlulo,if morespace is rerouted) CERTIFICATE HOLDER r.AMCFI I ATInM © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR INFORMATION ONLY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEE'DT� YEP/RESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD johns661as July 23, 2013 The City of South Miami RE: Bonding for Bus Shelter South Miami Phase 2 — NE corner of Sunset and SW 58th Ave SE comer of SW 59th PI and SW 69th St To Whom It May Concern: It is our understanding that our client, Remediation Group, Inc. is bidding with you on the above captioned project. As such, it is our pleasure to inform you that they are in good standing with their bonding company, State Automobile Mutual Insurance Company. They have a bonding line of $4,000,000 single job and $6,000,000 aggregate to support this project subject to standard underwriting criteria. However, any decision regarding the extension of sdrety credit is a matter between State Automobile Mutual Insurance Company and Remediation Group, Inc and no liability attaches to anyone in its absence. State Automobile Mutual Insurance Company is rated A Vlll (Excellent) by AM Best Company, the industry's leading independent rating agency. In addition they are also listed with the U.S. Treasury Department as an approved Surety Company. Remediation Group, Inc enjoys an outstanding reputation and our firm is proud to be associated with them. If you need anything additional please feel free to call me. Best Regards Edward P. Mooney Vice - President Don't risk it alone. RsY P. C?.. I�w 7Q1:H:!. Atlt,nl.:i, GA 30 :Qll P =101. 351.11431 r� � noa.san.a9•c/ F 1104.351.3913 F I 800.775.1267 johnsonandbrhan. cnnn