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R P UTILITY & EXCAVATIONSunset Drive Improvements Phase V From SW 65th Avenue to SW 691' Avenue Proposal Due Date: August 11, 2014 RFP #PW- 2014 -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 # PW- 2014 -07 titled "Sunset Drive Improvements Phase V" The site is located along Sunset Drive (SW 72 Street) between SW 65th Avenue and SW 69th Avenue. The purpose of this RFP is to contract for the services necessary for the completion of the project in accordance with the "Scope of Services" as described in this RFP. Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 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 listed in the RFP Table of Contents. The Proposal Package shall consist of one (1) original unbound proposal, four (4) additional copies and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows "Sunset Drive Improvements Phase V" RFP # PW- 2014 -07 and the name of the 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 10:00 A.M. local time on August 11, 2014. 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 Non - Mandatory Pre - Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143 on August 1, 2014 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project , and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. ® Thomas F. Pepe, 2014. 03/24/14 Maria M. Menendez, CIVIC City Clerk Page I of 73 SCHEDULE OF EVENTS END OF SECTION ® Thomas F. Pepe, 2014 Page 2 of 73 4/28/2014 Time* No. Event Date* (EST) I Advertisement/ Distribution of RFP & Cone of 07/25114 5:00 PM silence begins Non - Mandatory Pre - Proposal Conference 2 City of South Miami, City Hall Chambers, 08101114 10:00 AM 6130 Sunset Drive, South Miami, FL 33143 3 Deadline to Submit Questions 08/05/14 10:00 AM 4 Deadline to City Responses to Questions 08/07/14 10:00 AM 5 Deadline to Submit Bid - Response 08/11/14 10:00 AM 6 Evaluation of Bid Responses 08/11/14 5:00 PM 7 Agenda for Commission Approval of 08/19/14 7:00 PM Contractors /Cone of Silence ends END OF SECTION ® Thomas F. Pepe, 2014 Page 2 of 73 4/28/2014 SCOPE OF SERVICES I. Scope of Work: The project consists of the milling and resurfacing of Sunset Drive SW 72nd Street. Other project elements include clearing and grubbing, new concrete sidewalk, including driveways, replacement of drainage grates, landscaping, irrigation, and pavement marking. All work as described in the plans entitled Sunset Drive Improvements Phase V, prepared by Stantec. The awarded vendor must obtain any permits required; however the City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor, including applicable fees. 11. Site Location: The site is located along Sunset Drive (SW 72 Street) between SW 65th Avenue and SW 69th Avenue. III. Plans and Specifications Plans entitled Sunset Drive Improvements Phase V, prepared by Stantec, dated 10/04//13 consisting of 22 sheets. IV. Project Duration The current estimate to complete construction of the project is 120 days from issuance of Notice to Proceed. SPECIAL CONDITION: Due to traffic congestion in the area being affected by the improvements to the road, City staff recommends that work is to be performed during 9 AM to 5 PM, from Monday to Friday. Additionally, no full road closures will be allowed. One travel lane must be open at all times. V. Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer. Native trees planted by the awarded vendor for this project shall be warranted to be healthy and growing for a period of one (1) year from the date of planting. Note: A Proposal Bond is NOT required for this project, END OF SECTION ® Thomas F. Pepe, 2014 Page 3 of 73 4/28/2014 City of South Miami Sunset Drive Improvements - Phase V (SW 69 Ave. to SW 66 Ave.) August 04, 2014 6vs zo iY:iim "umi""ne� aSnEn; ° clssm ':�':'u;':.��"n'.�°'io "iaa�r 1 • fig'' vi ra:EumoavoECG t,� � 'ds :ij n d�lF 1� U,.n,,.��.,...o,i`�°°��.. `a v�IB.:. e3 �um=mm € 1 9. !� g;�:I ��naGe n £� 9y`,�"B �tmsIi` DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Mobilization 1 LS 3 0 2 Maintenance of Traffic and Access 1 LS odo 0 3 Prevention, Control and Abatement of Erosion and Water Pollution 1 LS / 5%00 11 $-0D 4 Clear and Grubbing 1 LS 3JQ. 5�09 5 Back of sidewalk restoration (Inc. but not limited to sod, liandscaping, driveway restorations, etc) 1 LS 5Z 3 6 Asphalt Milling 1" 16,577 SY O q1 qyzy 7 T e FC -9.5 Friction Course 1" Thick) 1,003 TN / %4 8 Exist. Type F Ditch Bottom Inlet to be Modified to Custom 4'x4' ADA Comliant Grate 2 EA Z 7,00 WO 9 Remove and Replace Existing Guardrail 15 LF 144 Zi 419 01 10 Exist. Asphalt to be Removed 435 S.F. Z. o 11 Exist. Drainage Manhole to be Adjusted 1 EA 'L 0 4;- 12 Adjust Existin Utility Manholes to Grade 1 LS 500 5' 13 Relocate Exist. Mailbox 3 EA / 0 0 D 14 Relocate Exist. Tree 1 EA GO 0 15 Remove Exist. Concrete 12 SF Z. 570 30 16 Colorize Exist. Cone. Curb and Gutter 3,352 LF no SZ 17 Cone. Curb and Gutter "F" 87 LF 3 19 Conc. Sidewalk 4" thick 484 BY 19 Conc. Sidewalk 6" thick 132 BY L 20 Reset Existin Paver Drivway Aprons 541 SF D 9 . 21 Detectable Warning Surface 144 SF 3 X P 22 Sodding -2,516 Sy . V-v LS 23 Furnish and install Black Olive 5 EA / T D 24 Furnish and install Crown of Thorns 220 EA 0 25 Furnish and Install Montgomery Palm 14 EA 2D 0 26 St. Augustine "Floratam" Sod 18,592 SF -S' 0 27 Shredded Maleluca Mulch 1 LS 00 00 28 Planting Soil 1 LS L00 7100 29 Irrigation Complete 1 LS 30 Relocate Existing Sin 3 EA Z. O 31 Marker Pavement Retro- Refiective 1 LS $ 00 oo 32 Thermoplastic white messa a SCHOOL 2 EA 0 d 33 Thermoplastic white arrow 11 EA 34 Thermoplastic white 6" 10' -30' Ski 4,480 LF 0 35 Thermoplastic white solid 6" 3024 LF . 6 0/0$72_4 36 Thermo lastic white solid 12" 1 256 LF 37 Thermoplastic white solid (18") 30 LF 38 Thermoplastic white solid ) (24") 245 LF -3.(05- a 141,Z.V 39 Thermoplastic (white) (solid) (24 ")(Crosswalk Zebra Striping) 375 LF 3, & S JGB� 40 IThermoplastic ellow 6" 10' -30' Skip 732 LF 41 Thermoplastic (yellow) solid ) (6") 3,352 LF 42 Thermoplastic (yellow) solid ) (1811) 100 LF 1 Z. 190 26 43 Thermoplastic double yellow) solid 6" 500 LF 00 44 Permit Allowance 1 LS /D O /DOD 45 Off Duty Police Allowance 46 Safety Act 1 LS Z DO 0 47 Advance Exploration of Existing Utilities 1 LS 48 Project Signs double -sided 4'x8' with color graphics, as directed by City 2 EA /j 300 Z & 00 49contingency 1 LS OO / SD Total Bid Items: CJ 2� 6vs zo INSTRUCTIONS for RESPONDENT 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 Sunset Drive Improvements Phase V. 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 a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this 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. S. 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) Addenda to RFP b) Attachments /Exhibits to RFP c) RFP d) Attachments /Exhibits to Special or supplementary conditions to Contract e) Special or supplementary conditions to Contract f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract i) Proposal 6. Response Withdrawal. Aker 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 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 10:00 AM, August 5, 2014 prior to the date of the RFP opening to the attention of Steven P. Kulick at skulick southmiamifl.gov or via facsimile at (305) 663 -6346. 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 ® Thomas F. Pepe, 2014 Page 5 of 73 4/28/2014 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 contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 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 has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 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. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub - contractor, supplier, Sub - consultant, or consultant under C Thomas F. Pepe, 2014 Page 6 of 73 4/28/2014 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 to the City, as a RFP Package, the following documents: a) The 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 Respondent's name and titled as follows: "SEALED PROPOSAL, "Sunset Drive Improvements Phase V" RFP #PW- 2014 -07. 18. All erasures and corrections must have the initials of the Respondent's 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 180 calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the 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 ® Thomas F. Pepe, 2014 Page 7 of 73 4/28/2014 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 Indemnification and Insurance Requirements set forth in the General Conditions to the Contract which is attached to this RFP Package. a) 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. The Respondent to this RFP agrees that by submitting a response or a proposal, that said Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFP package and agrees that Respondent's signature on the response to this RFP shall be treated as the Respondent's signature on the contract after the appropriate information, obtained from the proposal, is inserted into any blank spaces in the contract documents. 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 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. ® Thomas F. Pepe, 2014 Page 8 of 73 4/28/2014 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 a valid 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. Forfeiture of Bid Security /Performance and Payment Bond, if any are required: 32.1 Within ten (10) calendar days of being notified of the Award, Respondent shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 32.1.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 32.1.4, 32.1.5, and 32.1.6. 32.1.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. 32.1.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 32.1.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 32.1.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 32.1.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or better. 32.1.7 Failure of the successful Bidder /Respondent to execute and deliver the Contract, and deliver the required bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. 33. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide the applicable insurance documents, and a Performance and Payment Bond, if required, 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 /or furnish the required Bonds and Insurance documents within the specified time shall, at the City's sole and absolute discretion, forfeit the Proposal Bond /Security that accompanied the Proposal, and the Proposal Bond /Security shall be paid to the City and retained as liquidated damages by the City, and it is agreed that this sum, if the bond is required and provided, 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 documents. Proposal 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. The City may, in its sole and absolute discretion, sue for breach of contract if the successful Respondent fails to provide the required insurance and bonding. 34. 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. 35. 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. 36. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. C Thomas F. Pepe, 2014 Page 9 of 73 4/28/2014 37. 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. 38. 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. 39. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors "). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. END OF SECTION C Thomas F. Pepe, 2014 Page 10 of 73 4/28/2014 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: Bid Form Proposal Bid Bond Performance Bond Power of Attorney BIDDER Qualification Statement Non - Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards X x- List of Proposed Subcontractors and Principal Suppliers Related Party Transaction Verification Form x Indemnification and Insurance Documents Note: A Proposal Bid Bond is NOT required for the project. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION ® Thomas F. Pepe, 2014 Page I I of 73 4/28/2014 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted the undersigned Respondent agrees that by signing this Bid Form, the Respondent is agreeing to each and every term, provision and condition contained in the form of the Contract that is included in this RFP Package ( "the RFP Contract"), and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package and the RFP Contract. The Respondent agrees that if the contract is awarded to the Respondent, the signature of the Respondent, or the signature of its authorized representative, on this Bid Form shall be the same as a signature on the RFP Contract. 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 180 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract with the Bonds, Insurance Policy with appropriate endorsements, Insurance Certificate and other documents required by the RFP within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: 8 ! Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the ® Thomas F. Pepe, 2014 Page 12 of 73 4/282014 ADDENDUM No. #1 Project Name: Sunset Drive Improvements Phase V RFP NO. PW2014 -07 Date: August 4, 2014 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. Special Note: Proposers must use the attached revised "Schedule of Values" form dated August 4, 2014 for all submittals. The revised form includes a Unit Price and Total column for a proposer to insert unit prices for each line item. The "Unit" varies with each line item. Ouestion #1• Are all permit fees waived? Answer to Ouestion #1: No, permit fees are waived only for permits directly issued by the City of South Miami. Permit fees will applied for those permits issued by other entities or governmental agencies. The Contractor however must apply and secure all permits associated for this project. Ouestion 92• What is the budget amount for the Sunset Drive Improvements Phase V project? Answer to Ouestion #2: Please refer to the line item in the City's FY 2014 Budget, Capital Improvements Projects (CIP) 5 -Year Plan titled "Sunset Drive Improvements - Construction," under Roadway Infrastructure. Pagel of 2 A copy of the CIP 5 -Year Plan is attached. Ouestion #3: How should thermoplastic striping be addressed in a contractor's proposal? Answer to Ouestion #3: Thermoplastic striping shall include the temporary striping within the unit price of a contractor's proposal. Ouestion #4: How are the adjustment of manholes identified in the "Schedule of Values ?" Answer to Ouestion #4 The summary of quantities is referring to item #11 with a unit of "EA ". Item #12 is referring to EC' LS" unit. The plans are considering a single manhole top to be adjusted, reflected in item #11, due to the milling and resurfacing of the other existing manholes and valve boxes. This could require adjustments for the final asphalt elevation. It is recommended Contractors visit the site and asses if the pavement elevation will vary so it can be included within item #12. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of 2 ADDENDUM No. #2 Project Name: Sunset Drive Improvements Phase V RFP NO. PW2014 -07 Date: August 6, 2014 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 #1• How do we consider the Off Duty Police during the construction, full time? What rate does the Police Department use? Answer to Ouestion #1: The contractor is to estimate the amount of hours required for the police, depending on the MOT they are planning to implement for the project. The summary of quantities refers to this item as a lump sum unit. The rate for this would be $45.00 per hour, per officer. A minimum 3hrs per detail will apply. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of I contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, 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 Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Proposal Price of LUMP SUM BASE PRICE: r�ie�U/r0 sY�ivr/7?/ Sevin 1yfiOdSavw� �/X iiundBed .roz� //2 dollars and Alternates: #1 #2 M 0 cents $ S�Z it 6 q S. V 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. C Thomas F. Pepe, 2014 4/28/2014 Page 13 of 73 S. The ENTIRE WORK shall be completed, in full, within 120 working days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this RFP Package. SUBMITTED THIS DAY OF PROPOSAL SUBMITTED BY: Q 20� ZR Company Telephone Number /"7 1 d&l Pe&e F Name of Person Authorized to Submit Proposai2% Signature A%zCS /C�E�Z ® Thomas F. Pepe, 2014 4/28/2014 Fax Number mail Address END OF SECTON Page 14 of 73 R P UTILITY & EXCAVATION ,CORP RAIDEL PEREZ 3422 SW 156 CT Miami ,fl 33185 T: 786 506 4998 F: 786 228 4967 E -mail: rputilitiesexcavation @hotmail.com PREVIOUS EXPERIENCE 1. K- LAND PARK, CARIBE UTILITIES OF FLORIDA,11130 N.Kendall dr # 104 Miami, fl 33176. Jesus Quinones — project Manager T:3053708730 E- mail:jesusq @caribeutilities.com Scope: Re- grading the baseball field and new French drain with new irrigation system and sod. Original Contract amount:$133,000, Final amount:$133,000. Original contract completion Date:1/12/2013, Final completion:12 /25/2012. 2. WATER SERVICES RELOCATION, METRO EQUIMENT SERV,9415 Sunset Dr.,Suite 131 Miami,33173. Javier A. Garzon — Project Manager T:305 992 3703 E -mail: Javier @mesinc.us Scope: Water Meter and Box relocation ,replacement concrete sidewalk, asphalt and sod. Original contract amount : $ 92,000 , Final amount: $ 108,901.42. Original contract completion date: 5/20/2013,Final completion :4/13/2013. 3. SYLVA MARTIN DRAINAGE, CITY OF SOUTH MIAMI ,6130. sunset drive south Miami ,fl 33143. Jorge L. Vera — Project Manager T:786 202 1157 E- mail:southmiamifl.gov Scope: new yard drain, foundation drain, asphalt pavement restoration and sod. Original contract amount: $ 19,850, Final amount:$ 19,850. Original contract completion Date: 7/14/2013, Final completion:7/1/2013. 4. SW 72 AVE and 70 TERR WATER MAIN, TOWN OF DAVIE,6591 orange drive ,Davie ,fl 33314. Bruce Bernard — Manager Field Operations T:954 658 1000 E -mail: bbernard @calvin - giordano.com Scope: Installation of new water main ,sod restoration , milling and resurfacing of 56,700 sf of road. Original Contract amount:$329,759.54,Final amount: $336,305.94. Original contract completion Date:2/26/2014, Final completion:2 /26/2014. JEFF ATWATER CHIEF FINANCIAL OFFICER * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 101612013 PERSON: PEREZ FEIN: 452742507 BUSINESS NAME AND ADDRESS: R P UTILITY & EXCAVATION CORP EXPIRATION DATE: 1016/2015 RAIDEL 4110 SW 110 AVE MIAMI FL 33165 SCOPES OF BUSINESS OR TRADE: STREET OR ROAD IRRIGATION OR SEWER CONSTRUCTION. CONSTRUCTION: R DRAINAGE SYSTEM ALL OPERATI Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter byffing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt: Pursuant to Chapter 440.05(13), FS:, Notices of election to be exempt and cerfificatea of election to be exempt .shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS- F2 -DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07 -12 QUESTIONS? (850)413 -1609 J:101le1_T\ IIIIE =Ze=6k (Note: Not Required for this project.) STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of South Miami ( "City "), a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Proposal dated for the pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents; NOW THEREFORE, A. If the principal shall not withdraw said proposal within one hundred eighty (180) calendar days after the date for opening of the same, and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature, enter into a written contract with the City in accordance with the proposal as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and provide proof of insurance as required, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said proposal within one hundred eighty (180) calendar days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the proposal as accepted, and /or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it for signature and /or in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process, then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Proposal Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including, proceedings required to obtain the court order of disbursement, including the cost of all appeals or other related proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: (Seal) (Individual or Partnership Principal) 0 Thomas F. Pepe, 2014 Page IS of 73 4/28/2014 ATTEST: By: (Business Address) (City/State/Zip) (Business Telephone) (Corporate Surety)* *Impress Corporate Surety Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOU By: ® Thomas F. Pepe, 2014 Page 16 of 73 428/2014 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to number is whose telephone number business address is County whose business the requirements of Florida Statute 255.053 we, whose business address is as Principal (hereinafter referred to as whose business address is is , as Surety, are bound to the City and whose telephone number is address is Obligee, (hereinafter and whose telephone "Contractor'), and and of South Miami whose and Miami -Dade and whose telephone number is referred to as "City") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract, for the Sunset Drive Improvements Phase V, awarded on the day of 20_, under Contract Number by the City for the construction of (brief description of the Work) in accordance with drawings (plans) and specifications prepared by Stantec. Inc. which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract'; THE CONDITION OF THIS BOND is that the Contractor: I. Fully performs the Contract between the Contractor and the City for the within days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. © Thomas F. Pepe, 2014 Page 17 of 73 4/28/2014 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of 20. the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: 0 Thomas F. Pepe, 2014 Page 18 of 73 4/28/2014 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City/State/Zip) (Business Telephone) OR (Corporate Name) ATTEST: (President) Secretary (Business Address) (City/State /Zip) (Business Telephone) IN THE PRESENCE OF: INSURANCE COMPANY: BY: (SEAL) (Agent and Attorney -in -fact Signature) (Business Address) (City/State /Zip (Business Telephone) STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) On this, the day of . 20. before me, the undersigned notary public of the State of Florida, the foregoing performance bond was acknowledged by (Corporate Officer), (Title), of (Name of Corporation), a (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or _ Did Not take an oath. 0 Thomas F. Pepe, 2014 Page 18 of 73 4/28/2014 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.01, et seq., Florida Statutes, we, .whose business address is and whose telephone number is as Principal, (hereinafter referred to as "Contractor'), and whose business address is and whose telephone number is as Surety, are bound to the City of South Miami, whose business address is and whose telephone number is I , as Obligee, (hereinafter referred to as "City ") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, by written agreement, entered into a Contract for the Sunset Drive Improvements Phase V, awarded on the day of 20. under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by Stantec, Inc. which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract' ; THE CONDITION OF THIS BOND is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20J the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: M ATTEST: (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City /State /Zip) (Business Telephone) (Corporate Name) (President) Secretary (Business Address) SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE PRINCIPAL AND IS THE SURETY C Thomas F. Pepe, 2014 Page 19 of 73 4/28/2014 IN THE PRESENCE OF: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) (City /State /Zip) (Business Telephone) INSURANCE COMPANY: (Agent and Attorney -in -fact Signature) (Business Address) (City /State /Zip (Business Telephone) On this, the day of ' 20. before me, the undersigned notary public of the State of Florida, the foregoing payment bond was acknowledged by (Corporate Officer), (Title), of (Name of Corporation), a (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. *Power of Attorney must be attached. END OF SECTION © Thomas F. Pepe, 2014 Page 20 of 73 4/28/2014 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction projects completed, �/ / a) In the past 5 years Jee' od 11w'Fy In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last three (3) completed similar projects. a) Project Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: ® Thomas F. Pepe, 2014 Page 21 of 73 4/28/2014 Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: © Thomas F. Pepe, 2014 Page 22 of 73 4/28/2014 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years I. Government References: List other Government Agencies or Quasi - government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: ® Thomas F. Pepe, 2014 Page 23 of 73 4/28/2014 Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: ® Thomas F. Pepe, 2014 Page 24 of 73 4/28/2014 NON= COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI -DADE dZ-A i"Wl l�e� �, / being first duly sworn, deposes and states that: (1) He /She/They is /are the i rWNe/� p (Owner, Partner, Officer, Representative or Agent) of e. 6!� L% / /_fe �&zAC 14l am /_T 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: Witness, O / n/E Witness © Thomas F. Pepe, 2014 4/28/2014 By: Signs re }� xgi ag/ / Aim z tp" 5 wje4l Print Name and Title g`riIz01C/ Date Page 25 of 73 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI -DADE On this the If / day of S 9 20�, before me, the undersigned Notary Public of the State of Florida��}}ersonally appeared (N me(s) of individual(s) who appeared bef notary) U `C� to CQ YC (�'� an who name(s) is /ar f'ubscribed to the within instrument, and he/she/thy/ acknowledge that he /she /they execut d it. WITNESS my hand and official seal. CBABte of Florida zo Commission # FF 083877 f Expires March 14, 2018 'bp�R NOTARY PUBLIC: ,q w,� BaMed ihu t FAN lnemcncs80U3B8 .7018 SEAL OF OFFICE: DO i P S 1) 1 ci-1 (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. © Thomas F. Pepe, 2014 Page 26 of 73 428/2014 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a CONTRACTOR, Sub - contractor, supplier, Sub - consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 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 e/V ��j ^ y [print name of the public entity by [print individual's name and title] �� { for a / // y` 6✓ !d ✓1 /E [print name of entity submitting sworn statement] business address is and (if applicable) its Federal Employer Identification Number (FEIN) is el5� ei �'� (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, m Thomas F. Pepe, 2014 Page 27 of 73 4/28/2014 directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity subrtRfting this sworn statement. [Indicate which statement applies.] C/ 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 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONL THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STS,,, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. OFFICER FOR THE PUBLIC ENTITY Y, AND THAT THIS FORM IS VALID ALSO UNDERSTAND THAT I AM CONTRACT IN EXCESS OF THE CATEGORY TWO OF ANY Sworn to and subscribed before me this day of • 201 Personally known re C Of O OR Produced identification Notary Public — State of CN 1 0 r°7 (Type of identification) Form PUR 7068 (Rev.06 /1 1/92) C Thomas F. Pepe, 2014 4/28/2014 My commission expires :31/ 411 e (Printed, typed or stamped commissioned name of notary public) D DIAZ .: Commission # FF 083877 �€ Expires March 14, 2018 bonded UMTM F*Jmm "gxp 5.Ni8 Page 28 of 73 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or proposals shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 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 contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign tbo.statenr9jS Ytify,that this firm complies fully with the above requirements. RESPONDENT's Signature: _ Print Name: /Z /, Date: © Thomas F. Pepe, 2014 Page 29 of 73 428/2014 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, 2 ?d1;1J /(I (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORS forlthW project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and Bold 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�Dv� 6��t�� Witness BY: LGI /� / ��/ Z7 Name 1/e5/ 47410 Title ® Thomas F. Pepe, 2014 Page 30 of 73 4/28/2014 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. © Thomas F. Pepe, 2014 Page 31 of 73 4/28/2014 Classification of Work Landscape Subcontractor Name Address Email Sodding and Turf Work Electrical Irrigation n e S' Yrc' 17 "?O o llu. 4ad AWAA f °l3 0/< Paving Esi/E�dc ��OS�1� iai� -/i r�G �31b Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting , S w. r /V'0/ 114gz 5• Aa /oi' Testing Laboratory / 9A 9 e a/ G ;Ii : SOT Soil Fumigator Signs Other: 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. © Thomas F. Pepe, 2014 Page 31 of 73 4/28/2014 RELATED PARTY TRANSACTION VERIFICATION FORM I l�fL/ �C�'E Z- , individually and on behalf of ( "Firm ")have Name of Representative CompanylVendorlEntity read the City of South Miami ("01119")'s Code of Ethics, Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A• 1) with regard to the contract or business that 1, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[See Note #1 below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note # I below]; 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: OldIyr (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional. sheet which additional sheet must be signed under oath). 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: i�%6llifi (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe, 2014 Page 32 of 73 4/28/2014 (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: 0 M6 (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: !� (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: /74462 (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature Print Name & Title: % 4 / fermi ( 4e s 70e) Date: f C Thomas F. Pepe, 2014 Page 33 of 73 4/282014