Loading...
ANDALE GROUP PROPOSAL PW2014-05 Sunset Drive Median ImprovementsProposal 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: 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 List of Proposed Subcontractors and Principal Suppliers Related Party Transaction Verification Form Indemnification and Insurance Documents Note: A Proposal Bid Bond is NOT required for the project. N/A V V� V` 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 10 of 72 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: 06 -27 -2014 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 ©Thomas F. Pepe, 2014 Page I I of 72 . 4/28/2014 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 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 discovered in the Contract Documents and, if any found and notice given, the Respondent represents, the Respondent has received sufficient notice of the resolution is acceptable to Respondent and that the conflicts, errors or discrepancies. conflicts, errors or discrepancies that it has .onflicts, errors or discrepancies have been by submitting its proposal to the City, that resolution thereof from the City, that such Respondent waives any claim regarding the 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: one - hundred thirty-six thousand three - hundred seventy -nine dollars and twenty -one cents $ 136,379.21 Alternates: #1 #5 #2 #6 #3 '#7 EI i ©Thomas F. Pepe, 2014 Page 12 of 72 4/28/2014 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 30 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: Andale Group, LLC Address: 7370 SW 48th Street Miami, FL 33155 Telephone: 305 - 715 -9045 Facsimile: 305 - 471 -4484 Attention: Daniel Azel 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 3rd DAY OF PROPOSAL SUBMITTED BY: Andale Group, LLC Company Daniel Azel President Title C Thomas F. Pepe, 2014 4/28/2014 July 305 - 715 -9045 Telephone Number 305 -471 -4484 Fax Number 20 14 . dan @andalegroup.com Email Address END OF SECTON Page 13 of 72 PROPOSAL BOND (Note: Not Required for this project.) STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) KNOW ALL MEN BY THESE PRESENTS, that we, N/A 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 2Q., the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. ©Thomas F. Pepe, 2014 Page 14 of 72 4/28/2014 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: N/A (Seal) (Individual or Partnership Principal) (Business Address) (City /State /Zip) (Business Telephone) ATTEST: Secretary (Corporate Surety)* By: *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 15 of 72 4/28/2014 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to number is whose telephone number is business address is the requirements of Florida Statute 255.05, we, _, whose business address is and whose telephone as Principal (hereinafter referred to as "Contractor "), and , whose business address is and as Surety, are bound to the City of South Miami whose and whose telephone number is and Miami -Dade County whose business address is and whose telephone number is 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 entered into a Contract, for the Sunset Drive Downtown Median, 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 Palm Engineering 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: 1. 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. C) Thomas F. Pepe, 2014 Page 16 of 72 4/28/2014 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. 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: (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City /State /Zip) OR (Business Telephone) ATTEST: (Corporate Name) (President) Secretary (Business Address) (City /State /Zip) (Business Telephone) IN THE PRESENCE OF: INSURANCE COMPANY: and Attorney -in -fact Signature) BY: (SEAL) (Business Address) (City /State /Zip STATE OF FLORIDA (Business Telephone) ) COUNTY OF MIAMI -DADE ) (Agent 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: SEAL OF OFFICE: Personally known to me, or Personal identification: Did take an oath, or © Thomas F. Pepe, 2014 4/28/2014 Notary Public, State of Florida Type of Identification Produced Did Not take an oath. (Name of Notary Public: Print, Stamp or Type as commissioned.) Page 17 of 72 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 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 Downtown Median, 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 Palm Engineering, 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 40 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 , 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: OR ATTEST: Secretary © Thomas F. Pepe, 2014 4/28/2014 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City/State /Zip) (Business Telephone) (Corporate Name) (President) (Business Address) Page 18 of 72 SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE PRINCIPAL AND IS THE SURETY IN THE PRESENCE OF: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) (City /State /Zip) (Business Telephone) INSURANCE COMPANY: BY: (SEAL) (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: SEAL OF OFFICE: 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. Notary Public, State of Florida (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION ©Thomas F. Pepe, 2014 Page 19 of 72 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 25 In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 25 25 25 2. List the last three (3) completed similar projects. a) Project Name: SR 808, From SR 7 (US 441) to a point East of Lyons Owner Name: FDOT Owner Address: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Owner Telephone: 954 -486 -1400 Original Contract Completion Time (Days): 270 Original Contract Completion Date: 10/2014 Actual Final Contract Completion Date: On -going Original Contract Price: $90k Actual Final Contract Price: $90k b) Project Name: SR A1A (Collins Ave) & SR 922 From 9700 Block ©Thomas F. Pepe, 2014 Page 20 of 72 4/28/2014 Owner Name: Owner Address: FDOT 1000 NW 111th Avenue, Miami, FL 33172 Owner Telephone: 305 - 640 -7400 Original Contract Completion Time (Days): 180 Original Contract Completion Date: 01/2014 Actual Final Contract Completion Date: 01/2014 Original Contract Price: $75k Actual Final Contract Price $79k Project Name: 84th Avenue Greenway Improvements Owner Name: • City of Plantation Owner Address: 750 NW 91st Avenue, Plantation, FL Owner Telephone: 954 -452 -2535 Original Contract Completion Time (Days): 420 Original Contract Completion Date: 06 -2013 Actual Final Contract Completion Date: nR -gn 13 C) Thomas F. Pepe, 2014 Page 21 of 72 4/28/2014 Original Contract Price: $530k Actual Final Contract Price: $515k 3. Current workload 4. The following information shall be attached to the proposal. Provided upon request. 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: N/A 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 Government References: ©Thomas F. Pepe, 2014 Page 22 of 72 4/28/2014 Project Name Owner Name Telephone Number Contract Price ■ 4. The following information shall be attached to the proposal. Provided upon request. 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: N/A 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 Government References: ©Thomas F. Pepe, 2014 Page 22 of 72 4/28/2014 List other Government Agencies or Quasi - government Agencies for which you have done business within the past five (5) years. Name of Agency: Consul -Tech Enterprises Inc Address: 6100 Blue Lagoon Drive, Miami, FL 33126 Telephone No.: 305 - 218 -9425 Contact Person: Luis Rodriguez Type of Project: Roadway Construction Management Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: C) Thomas F. Pepe, 2014 Page 23 of 72 4/28/2014 STATE OF FLORIDA COUNTY OF MIAMI -DADE Daniel Azel NON= COLLUSION AFFIDAVIT being first duly sworn, deposes and states that: (1) HGShe/They is /are the President (Owner, Partner, Officer, Representative or Agent) of Andale Group LLC 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: By; Witnes Witnefs Print Name and Title 07 -03 -2014 M ©Thomas F. Pepe, 2014 Page 24 of 72 4/28/2014 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI -DADE On this the 3rd day of July 120 14 before me, the undersigned Notary Public of the State of Florida, personally appeared ( Name(s) of individual(s) who appeared before notary) Daniel Azel and whose name(s) is /are Subscribed to the within instrument, and a she /they acknowledge that a she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: LUIS I. RODRIGUEZ MY COMMISSION #FF123908 i i u�3 k•!a�d!?; EXPIRES May 15, 2018 (407) 398.0153 Flnridntjntn. cm........ ....... © Thomas F. Pepe, 2014 4/28/2014 Notary Public, State of Florida wt g (Name of Notary commissioned.) Public: Print, Stamp or type as X Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or X Did Not take an oath. Page 25 of 72 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 City of South Miami, Public Works Department [print name of the public entity] by Daniel Azel, President [print individual's name and title] for City of South Miami Public Works Department [print name of entity submitting sworn statement] 7370 SW 48th Street, Miami, FL 33155 business address is and (if applicable) its Federal Employer Identification Number (FEIN) is 20- 3294858 (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 1, 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, ©Thomas F. Pepe, 2014 Page 26 of 72 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 submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING 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, F STATUTES, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev.0611 1/92) OFFICER FOR THE PUBLIC ENTITY Y, AND THAT THIS FORM IS VALID ALSO UNDERSTAND THAT I AM CONTRACT IN EXCESS OF THE FnA l PRY TWO OF ANY 3rd day of July " 20 14 Notary Public — State of Florida My commission expires May 15, 2018 (Printed, typed or stamped commissioned name of notary public) ©Thomas F. Pepe, 2014 Page 27 of 72 4/28/2014 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 thq 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 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 sig statement, ce i at this firm complies fully with the above requirements. RESPONDENT'S Signature: Print Name: Daniel Azel Date: 07 -03 -2014 C) Thomas F. Pepe, 2014 Page 28 of 72 4/28/2014 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Andale Group, LLC , (Name CONTRACTORS for the project as specified have requirements of the Federal Occupational Safety and regulations, and agree to indemnify and hold harmles claims, damages, losses and expenses they may incur to comply with such act or regulation. CONTRACTOR Andale, Group, LLC BY: Daniel Azel Name President Title of CONTRACTOR), hereby acknowledge and agree that as the sole responsibility for compliance with all the Health Act of 1970, and all State and local safety and health s the City of South Miami and against any and all liability, due to the failure of (Sub- Contractor's names): Witness ©Thomas F. Pepe, 2014 Page 29 of 72 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 Address Classification of Work Subcontractor Name Email Landscape Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory 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 30 of 72 4/28/2014 RELATED PARTY TRANSACTION VERIFICATION FORM I Daniel Azel , individually and on behalf of Andale Group, LLC ( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City ")'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 I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[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 # 1 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: (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: (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 #I 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 31 of 72 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: (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 01 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: (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 diligkbt,,effort to re ti the matters to which I aryl attesting hereinabove and that the statements made hereinabove a rue an o rgct to the best of my knowledge, information and belief. Signature: Print Name & Title: Daniel Azel, President Date: 07 -03 -2014 ©Thomas F. Pepe, 2014 Page 32 of 72 4/28/2014 Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. Sec. 8A- I - Conflict of interest and code of ethics ordinance. Municode Page I OM 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 memberg of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(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 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; ©Thomas F. Pepe, 2014 Page 33 of 72 4/28/2014 (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 a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(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 accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; C) Thomas F. Pepe, 2014 Page 34 of 72 4/28/2014 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. (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 other employment which would impair independence of judgment in the performance of any public duties. (i) 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 c. is obtained. c. Approval of department head required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. . (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(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. ©Thomas F. Pepe, 2014 Page 35 of 72 4/28/2014 (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 a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person 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. (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) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 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 ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) 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 or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, ©Thomas F. Pepe, 2014 Page 36 of 72 4/28/2014 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, § 1, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced them with new §§ 8A- I and 8A -2. Former §§ 8A- I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...I 1, 1969. C) Thomas F. Pepe, 2014 Page 37 of 72 4/28/2014 South Miami THE CITY OF PLEASANT LIVING ADDENDUM No. #1 Project Name: Sunset Drive Downtown Median RFP NO, PW2014 -05 Date: June 27, 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 Please explain the responsibility of the Contractor as it relates to the installation of the irrigation meter. Answer to Question #1: Miami -Dade County Water and Sewer (WASD) will install the meter. The Contractor must prepare the site, dig the trench and cover the trench with a plate until WASD completes the installation of the meter. The Contractor must coordinate with WASD for the meter installation and incorporate the work performed by WASD into the project timeline. Question #2: Which permits are required to be pulled by the Contractor? Answer to Ouestion #2: All permits are to be pulled and applied for by the Contractor. Permit fees will be waived for all City of South Miami permits. The Contractor will be responsible for permit fees associated with this project that are required by other government agencies or entities. Pagel of 2 i Ouestion #30 Are there any exceptions to possible delays to the project timeline that are out of the Contractors control? Answer to Ouestion #3: Should there be delays to the project timeline, the Contractor must inform the City's PM for this project that the Contractor performed their "due diligence" with respect to timely coordination with other government agencies and /or utilities. Should there be delays as a result of weather, those weather delay claims will be investigated by the City's PM. In all cases, the PM will determine if the delay claims have any merit and whether penalties will be imposed. Ouestion #4: Please clarify the planting detail specifying a width of-3 times the rootball size, to fit within the proposed raised median. Answer to Ouestion #4: As per Engineer of Record recommendation, please disregard the Medjool Palm Planting detail "Min 3 times the width" note on the Planting Plari sheet. The size of rootball will be in proportion to size and type of palm in relation to sound nursery practice and shall fit within the six (6) wide median area. Prime Contractor and landscaping subcontractor shall notify the City during plant selection and verify with the nursery, the rootball dimensions for planting in the 6 foot wide median prior to ordering and delivery to the site. Note For Clarification. Police hours: For clarification, the construction documents refer to 80 Hrs for Police officers as a basis. It is the contractor's responsibility based on their means and methods to include within the bid any additional hours, if required, for police officers. The contractor shall evaluate if the quantity is adequate for their work approach and if not, to include the estimated fee within their proposal. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of 2