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R P UTILITY BID PW2014-05 SUNSET DRIVE DOWNTOWN MEDIANSunset Drive Downtown Median From SW 57th Court to SW 58th Avenue Proposal Due Date: 10 AM, July 3, 2014 RFP #PW- 2014 -05 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 -05 titled "Sunset Drive Downtown Median ". The site is located along Sunset Drive between SW 57th Avenue and SW 58th Avenue, South Miami, FL 33143. 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.southmiami0.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 Downtown Median" RFP # PW- 2014.05 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 July 3, 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 June 2S, 2014 at 10:00 AM. 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. D Thomas F. Pepe, 2014. 03/24/14 Maria M. Menendez, CMC City Clerk Page I of 72 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 NIA {/s Performance Bond Power of Attorney BIDDER Qualification Statement / Non- Collusion Affidavit y Public Entity Crimes and Conflicts of Interest v / 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. Submit this checklist along with your proposal indicating the completion and submission of each required forms and /or documents. END OF SECTION Page 10 of 72 ® Thomas F. Pepe, 2014 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: Z Z d/ 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 Page I I of 72 ® Thomas F. Pepe, 2014 4/28/2014 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. Ouestion #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. Page 1 of 2 Question #3• 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 Plan 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 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 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: dollars and Alternates: #1 #2 #3 0 © Thomas F. Pepe, 2014 4/28/2014 /i ff v 61� 1 oil e #5 #6 #7 #8 cents $ %Zo2�_1 *81 Page 12 of 72 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. b. 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 Z DAY OF 20 l �F PROPOSAL SUBMITTED BY: p / S'o6 Y9�8 e4 l'6/ � s��adar 10h,Gs � �gy Company Telephone Number Name of Person Authorized to Submit Proposal Signature Title :?00� 4r22 g X9 6 Fax Number a mail Address END OF SECTON Page 13 of 72 ® Thomas F. Pepe, 2014 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 Se o 1i 4 In the past 5 years On Schedule b) In the past 10 years In the past IO years On Schedule 2. List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Page 20 of 72 © Thomas F. Pepe, 2014 4/28/2014 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 Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Page 21 of 72 0 Thomas F. Pepe, 2014 4/28/2014 Original Contract Price: Actual Final Contract Price: 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: Page 22 of 72 ® Thomas F. Pepe, 2014 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: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Page 23 of 72 ® Thomas F. Pepe, 2014 4/28/2014 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: $336,305.94. Original contract completion Date:2/26/2014, Final completion:2 /26/2014. JEFF ATWATER CHIEF FINANCIAL OFFICER * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 10/6/2013 PERSON: PEREZ FEIN: 452742507 BUSINESS NAME AND ADDRESS: R P UTILITY & EXCAVATION CORP EXPIRATION DATE: 1011312015 RAIDEL 4110 SW 110 AVE MIAMI FL 33165 SCOPE$ OF BUSINESS OR TRADE: STREET OR ROAD IRRIGATION OR SEWER CONSTRUCTION CONSTRUCTION: R DRAINAGE SYSTEM ALL OPERATI Pursuant to Chapter 440.05(14)1 F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefds or compensaton 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 ft notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt amt cedtficetss 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 certficate 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 certficate to meet the requirements of this section. DFS- F2 -DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07 -12 QUESTIONS? (850)4131609 NON - COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI -DADE /04 / do / 44e 't" /� being first duly sworn, deposes and states that: (1) He/She /They is /are the �WAIM . (Owner, Partner, Officer, Representative or Agent) of !Pal ;ll;Cj g CXC4 u/j,/7AY1. *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 affant. Signed, sealed and delivered in the presence of t�J Witn ss Witness By: Sig6ature Print Name and Title Date ;�/z A9 / el Page 24 of 72 ® Thomas F. Pepe, 2014 4ns/2014 STATE OF FLORIDA COUNTY OF MIAMI -DADE On this the 2. day of. of Florida, p ovally appears notary) within instrument, and he /shE WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: ACKNOWLEDGEMENT 201 w , before me, the undersigned Notary Public of the State idual(s) who appeared before and whose name s is /are Subscribed to the that he /she /th y ex cuted it. © Thomas F. Pepe, 2014 4/28/2014 Public, State of Florida DE) rq's 10(k (Name df Notary Public: Print, Stamp or type as commiss' ed.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 25 of 72 l Commission # FF 083877 a� Expires March 14, 2018 �'•ry,�„••••` Bardetl ilw TmrrW lmunrca8W�B5�7%9 © Thomas F. Pepe, 2014 4/28/2014 Public, State of Florida DE) rq's 10(k (Name df Notary Public: Print, Stamp or type as commiss' ed.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or 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 e/' [print name by A41 wal /E [print individual's name for 6949600 ; lvla� / public entity] 4e! [print name of entity submitting sworn statement] ` 3e/t t Sw /SG e;f At 6ALe-/i/ dtL 33 /Si business address is and (if applicable) its Federal Employer Identification Number (FEIN) is y�*- 2 i e/4 4;d'+ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 1 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, Page 26 of 72 0 Thomas F. Pepe, 2014 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 s bmitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 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 of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ignature] Sworn to and subscribed before me this Z day of 20 . Personally known V aVp f�14 I OR Produced identification Notary Public — tate of ` �'lJ My commission expires (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06 /11/92) �,ezgr,%y" DDIAZ r.r .- Commission # FF 083877 €s Expires March 14, 2018 eaa,e Tin rrorvwme J7012 of 72 C Thomas F. Pepe, 2014 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 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 the st a certify that this firm complies fully with the above requirements. RESPONDENT'S Signature: Print Name: ZI �E G CAE' z Date: ' IZ /CUBel Page 28 of 72 ® Thomas F. Pepe, 2014 4/28/2014 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, J,�r/1t 1% Jl/ ll(B U�H�f o ^ a� ^6G (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR9 for the project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages, losses a d pgxpen es they may incur due to the failure of (Sub- Contractor's names): to comply with such act or regulation. CO TRACT R Pd �.}�i ��kcadaai�GsryiO Witne s BY: /Fg Name �/ A7 40S7OBn Title Page 29 of 72 © Thomas F. Pepe, 2014 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. Page 30 of 72 V Thomas F. Pepe, 2014 4128/2014 Classification of Work Landscape Subcontractor Name Address . Email Sodding and Turf Work Electrical Irrigation Paving C x(4t&,a 4 5b Al. w 2 Ave ""c'r�33l6G -3 � S4 t 36S y�i 3y S�G�s d Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory oL A` 1 H I H�• 74&11 -e 44 &O N, y� j A✓e Afs Lae + G� »s 7j d$ t �0 S� 8 8$ 3 3 3 ->`/e/� Soil Fumigator Signs a� �E iti Atli . d M? 5r "9oSgzo Os 6g9f 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. Page 30 of 72 V Thomas F. Pepe, 2014 4128/2014 �J RELATED PARTY TRANSACTION VERIFICATION FORM I / W�/ /7a�� g , individually and on behalf of zY �j d / / //� 0( ek C`Vk41 ( "Firm ")have Name of Representative CompanylVendorlEntity read the City of South Miami (` ity')'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 BA -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 BA -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[See Note #I 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: O AIA (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and (4) no elected and /or appointed official 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 gam,es/: /L (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 to I assets of capital stock in the firm are 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] (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. Page 31 of 72 ® Thomas F. Pepe, 2014 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: D /VQ (if necessary use a separate sheet to supply additional information that will not ft 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: (1) 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: N6I'le (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., It 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: d/VE (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 tie and correct to the best of my knowledge, information and belief. Signature: !!�4= ®� Print Name & Title: A4 iyf Date: �IZ dD %5/ Page 32 of 72 © Thomas F. Pepe, 2014 4/28/2014