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Res No 076-14-14170
RESOLUTION NO.:76-14-14170 A Resolution authorizing the City Manager to enter into a contract with Pontifex Construction Group Inc.for the installation of certified playground mulch at four (4)City parks. WHEREAS,Cityrepresentativesfromthe Parks andRecreationDepartmentconductedan assessmentatBrewerPark,Dante Fascell Park,MurrayPark,andPalmerParkandfound that the current mulchat the four(4)parksisinadequateandinneedofreplacement;and, WHEREAS,the City submitted aninvitation to quote,ITQ #PR20l4-04,onApril 16,2014,for the installationof certified playgroundmulch;and, WHEREAS,two submittals were received;Pontifex Construction Group Inc.is the lowest bidder andisin compliance with the terms of the ITQ;and, WHEREAS,the newmulchwillhelp ensure asafer,qualityplaying environment for the public. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section I.The CityManageris authorized to enter intoa contract withPontifex Construction Group Inc.for the installationofcertifiedplaygroundmulchatfour(4)Cityparksforan amount not to exceed $9,600.00.Fundingforthis project will come from the Parksand Recreation Capital Improvement account 301-2000-572-6450,witha current balanceof $243,934.96.Acopyof the contract is attached. Section 2.Severability.Ifanysectionclause,sentence,or phraseofthis resolution isforany reasonheld invalid or unconstitutional bya court of competent jurisdiction,the holdingshall not affect the validity of the remaining portions ofthisresolution. Section 3.Effective Date.This resolution shall become effective immediately upon adoption by vote of the CityCommission. PASSED AND ADOPTED this 5th day of May READ AND APJ LAN< EXECUTION/THEREOF _,20I4. MAYOR COMMISSION VOTE:5-0 Mayor Stoddard:Yea ViceMayorHarris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea To: Via: From: Date: Subject: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TheHonorableMayor&MembersoftheCityCommission Steven Alexander,CityManager South Miami AB-AmalcaCity Ulllf!||l 2001 Quentin Pough,Acting Director ParksandRecreation Department April24,2014 Agenda ItemNo.: A Resolution authorizing the CityManager to enter into contract with Pontifex Construction Group Inc.for the installation of certified playgroundmulchatfour(4)Cityparks. Background:Parks and Recreation staff conducted an assessment at Brewer Park, Dante Fascell Park,MurrayPark,andPalmerPark.Itwasconcluded that the current mulchatthefour(4)parksisinadequateandinneedof replacement.Thenewplaygroundmulch will help ensure asafer,quality playing environment for the public.Parkshas tried multiple recreational surfacesfrom rubberized mulchtosand,and discovered that playground chipped mulch retainslessheatandiseasyto maintain.Playground fall zonestendtostay cooler andasceticallypleasingwithplaygroundmulch. TheCity submitted anInvitationto Quote (ITQ)#PR20l4-04 onMarch 31,2014 for installation ofcertified playground mulch forthe aforementioned parks.Two submittals were received;Pontifex Construction Group Inc.wasthelowestbidderandisincompliancewith the terms of the ITQ. Vendors & Bid Amount:Please find belowabreakdownof all submittedproposals. Vendors Bid Amount Leadex Corporation $18,760.00 Pontifex Construction Group Inc.$9,600.00 Expense: FUND& Account: Attachments: Amount not to exceed $9,600.00. The expenditure shall bechargedtotheParksandRecreationCapital Improvement account number 301-2000-572-6450,which hasa balance of $243,934.96 before this request wasmade. Resolutionforapproval Pre-Bid Conference Sign-In Sheet Bid Opening Report Pontifex ConstructionGroupProposal SunBiz Pontifex Construction Group General Contract Date: ITQ Title: ITQ No.: Please Print Clearly Name/Title 10 11 j~?i 1<L<^> Pre-Bid Conference Sign-In Sheet April 9,2014 Install Blow-on Certified Playground Mulch/Turf at Various Parks PR2014-04 Company Name/E-mail Address Telephone No. £.<f^oery <s.Vv^VS '^rf 20 ex /=](?/i«a t.<p i.i"yi »«"<•<c-v jf .cc /^«STtf£)C fr/sAT/l'Lito*/q^j^f 2*>5"itj?4??s" Ujj>b/?j <$J&\£/>°wyf^6jto>'S'lc*'^ -jf^ro-'^rir \scr^\ ,~*i -r^T! C:\Users\skulick.CSMl\Documents\South Miami\Templates\Pre-Bid MeetingSign-In Sheetdoc BID OPENING REPORT Bids were opened on:Wednesday.April 16.2014 after:10:00am For;ITQ #PR2014-04 -Install Blow-on Certified Playground Mulch at Various City Parks COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: 1.LEADEX CORPORATION 2.PONTIFEX CONSTRUCTION GROUP *ntlLQ-Q0 ^VoOo-Ofr THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:J^lifeja£U..fW& Print Namfe ,I /// Witness:.)Q//ft (•'()^.S/Pf 'UJL Print Name Witness Print Name n CONTRACT '«AiTHISCONTRACTwasmadeandenteredintoonthis\Q dayof i -•, 20 r\,by and between Pontifex Construction Group.Inc..hereafter referred to as "Contractor",and the CityofSouth Miami,hereafter referredtoas"Owner",throughitsCity Manager,hereafter referredtoas"City". WITNESETH: That,the Contractor,for the consideration hereinafter fully set out,hereby agreeswith the Owner asfollows: 1.The Contractor shallprovidetheScopeof Services (acopyofwhichhasbeenmarkedas Exhibit A attached hereto andmadeaparthereofbyreference)(hereinafterreferredtoasthe Work orScopeof Services)as set forthinthe solicitation (thefirstpageofthe solicitation hasbeenmarkedas Exhibit B attached hereto andmadea part hereof by reference). 2.The Contractor shallfurnishalllabor,materials,equipment,machinery,tools,apparatus,transportation andany other itemsnecessarytoperform all oftheworkshownonanddescribedinthe Contract Documents andshalldo everything required bythis Contract and the other Contract Documents. 3.The Contract Documents shallincludethis Contract,General Conditions to the Contract,ifany,the drawings,plans,specifications,project manual,ifany,anysupplementary or specialconditions,other documentsreferringtothis contract andsignedbytheparties,the solicitationdocuments("hereinafter referredtoas"BidDocuments")andanydocumentstowhich these documentsreferwhichareusedby the Owner aswellasanyattachments or exhibitsthataremadeapartofanyofthedocumentsdescribed herein. 4.The Contractor shallcommencethe Work tobeperformedunderthis Contract onadatetobespecified inaNotice to Proceed whichmaybeanemailfromtheCityManager to Contractor,andshallcomplete all Work hereunder within the lengthoftime set forthin the Contract Documents. 5.The Owner hereby agrees to pay to the Contractor for the faithful performance ofthis Contract as set forthin the price sheet that hasbeenmarkedas Exhibit C attached hereto andmadea part hereof by reference,subject toadditionsanddeductionsasmaybeprovidedforinthe Contract Documents and any properly approved written change orders.Theexpensesofperforming the Work afterregular workinghours,andonSundayand legal holidays shallbeincludedin the aboveprice.The Contractor agrees to work duringsuchhoursandonsuchdaysasmaybe required by the City.However,nothing contained hereinshall authorize work ondaysandduring hours that are otherwise prohibited by ordinance unlessspecifically authorized inwritingby the City. 6.If the Work isfor the construction ofa structure or a facility,the Owner shallmakemonthlypartial payments to the Contractor on the basisofadulycertifiedand approved schedule ofvaluesfor the Work performed duringeach calendar month bythe Contractor,less the retainage(allas provided forin the Contract Documents),whichis to bewithheldby the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents anduntilsuch Work hasbeen accepted by the City. 7.Uponsubmissionby the Contractor ofevidence satisfactory to the Owner that alllabor,material,and other costs incurred by the Contractor inconnectionwiththe Work havebeenpaidin full,andafter compliance with the terms for payment providedforin the Contract Documents,final payment on account ofthis Contract shallbemadewithinsixty(60)calendar days after the completion by the Contractor ofall Work covered bythis Contract and the acceptance ofsuch Work by the Owner. 8.In the event that the Contractor shallfailto complete the Work within the time limit stipulated in the Contract Documents,or the extended timelimitagreedupon,in accordance withthe procedure as more particularly set forthin the Contract Documents,liquidateddamagesshallbepaidat the rateof$100.00 dollars per day,plusanymoniespaidbytheCityduetosuchdelay. 9.IfaBondisrequiredbythebidsolicitation,itisfurther mutually agreedbetweentheparties hereto that if,atanytime after the execution ofthis Contract and the Paymentand Performance Bondforitsfaithful performance andpayment,the Owner shalldeemtheSurety or Suretiesuponsuchbond(s)to be unsatisfactory,or if,foranyreasonsuchbondceasestobeadequate to covertheperformanceofthe Work or payment to subcontractors andsuppliers,the Contractor shall,atitsexpensewithin five (5) businessdays after the receipt of notice from the Owner so to do,furnishanadditionalbond or bondsin TP 3/3/14 10. suchformandamountandwithsuchSuretyorSuretiesas shall besatisfactorytotheOwner.In such event,nofurtherpaymenttotheContractor shall bedeemedtobedueunderthisContractuntilsuch newor additional securityforthe faithful performance ofthe Work is furnished inthemannerandinthe form satisfactory to the Owner. Noadditional Work orextrasshallbedoneunless the sameisdulyauthorizedinadvance of the work by appropriateactionby the Owner andinaccordancewiththeContractDocuments. IN WITNESS WHEREOF,thepartiesheretohaveexecutedthisContractonthedayanddatefirstabovewritten, in five (5)counterparts,eachofwhich shall,withoutproofor accounting fortheothercounterpartbedeemedan original Contract. WITNI (printname of Witness) AUTHENTICATION: Signature: Readand ApprovMas^to Form,Langua Legality and^x^ctifon thereof: TP 3/3/14 CONTRACTOR:PontifexConstructionGroup Inc Signature:,r*^8 '~> Name:Luis I.Rodriguez Tide:President &CEO OWNER: Signature: ^tSvefT Alexander CityManager -rfSKfr M&££ CITY OF SOUTH MIAMI INVITATIONTO QUOTE ITQ#PR2014-04 LUMP SUM PROPOSAL 'HI SUBMITTEDTO:CityClerk NAME: ADDRESS: CITY/STATE: PHONE: MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotessubmitted after 10 AMontheduedatewillnotbeacceptedunlessotherwisespecifiedinthequote document ofatimechange.Aiiquotes willbesubmittedtotheCityClerksOfficeinasealedenvelope.Thelabelontheonthe envelope needs to read asfollows: City of South Miami Maria M.Menendez,CMC 6130 Sunset Drive South Miami,Fl.33143 Project Name:Install Blow-on Certified Playground/Mulch Turf at Various CityParks Must input project name.If label does not have ail information above your quote will not be accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1).Asa condition of award,the awarded vendor must provide a certificate of insurance naming the cityas additional insured. Maria Menende2,CMC 6130 Sunset Drive Miami.Florida 33134 305-663-6339 Wednesday,April 9,2014 at 10AM PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: E-MAIL: DUE DATE: Install Blow-on Certified Playground Mulch/Turf at VariousCityParks 5800 SW 66 Street South Miami,Fl 33143 Monday,March 31,2014 skuiick@southmiamifi.gov. Wednesday,April 16,2014 at 10AM AFFIDAVITS REQUIRED WITH SUBMITTAL:{Exhibit 2) Respondents must complete and submit with your quote affidavits provided inExhibit2. QUESTIONS: Any Requests for additional information or questions must beinwriting,emailed by10AMlocal time onApril 14,2014 to the attention ofMr.Steven Kulick,Purchasing Manager at skullck@southmlamifl.gov. SCOPE OF WORK DESCRIPTION (TOBE COMPLETED BYCITY): |REFER TO "SCOPE OF SERVICES,"COPY ATTACHED Bids willonlybeacceptedthat Include quotationsduring regularworking hours. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Est.Qty Amount (1)Refer to "Scope of Services."for Park Locations,Codv Attached $9,600.00 Note:Blow-on Mulch Only 1 Brewer Park 40 CY 2 Dante Fascell Park 50 CY 3 Murray Park 40 CY 4 Palmer Park 20 CY (1)During Regular Working Hours,7AMto5PM,Monday -Friday LUMP SUM TOTAL $9,600.00 Contractor shall furnish all materials and equipment necessary to secure completion ofthe work.Contractor shall be compensated according tothequotesubmitted.Contractor is responsible to secure all permits and should be reflected intheLumpSum quote.Contractor may choose to submit a quote on company letterhead butmustbe attached tothisform. Mandatory Pre-Quote Meeting is scheduled April9,2014 at 10AM at the Gibson Community Center,5800SW66 Street, SouthMiami,FL 33143.Deadlinetosubmitis:April 16,2014 at10AM.' Print/Type Name:Luis I.Rodriguez,/./"^- Signature:i <r~r ~^«zL£~-sl. E-mail: Firm Name: Address: 305-218-9425 <fflV--/S"-'Z&JH- LRodhguez@PontifexGroup.com Pontifex Construction Group Inc. 8720 SW 83rd Street Phone: Date: Fax: F.E.I.N.No.:.2../6_ City:Miami 305-675-0792 1j2jJj9j3.j3.JH_ State:FL 33173 THEEXECUTIONOFTHISFORMCONSTITUTESTHE UNEQUIVOCAL OFFEROFPROPOSERTOBEBOUNDBYTHETERMSOFITSPROPOSAL.FAILURETOSIGNTHISSOLICITATIONWHEREINDICATEDABOVEBYAN AUTHORIZEDREPRESENTATIVESHALLRENDERTHEPROPOSAL NON-RESPONSIVE.THECITY MAY,HOWEVER,IN ITS SOLEDISCRETION,ACCEPTANYPROPOSALTHATINCLUDESAN EXECUTED OOCUMENT WHICH UNEQUIVOCAILY BINDSTHE PROP05ER TOTHE TERMS OF ITS OFFER.THECITY'SREQUESTFORQUOTESISFORTHE LOWEST AND MOST RESPONSIVE PRICE.THECITYRESERVESTHERIGHTTO AWARD THE PROJECT TOTHEFIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. Scope of Services Install Blow-on Certified Playground Mulch/Turf at Various CityParks Cityof South Miamiis seeking quotations from experienced and capable parties to install Blow- on Certified Playground Turf-Chipped (mulch).Certified Mulch must meet the latest standards including ADA Certified ASTM F1951.Playground Mulch must be wheelchair accessible and IPEMA Certified ASTM F1292-04.PlaygroundMulch must meet HIC (head impact criteria)and application depth of at least 12"to befully effective in Its safeness and wheelchair accessible. Bidswillbe accepted forBlow-onMulchOnlyandfor work tobe completed duringRegular Working Hours,7 AM to 5 PM,.Monday-Friday. Approximately150cubicyardsofmulch Is required,per park,atallfour(4)parkslistedbelow. Quantities are estimated and arenotafirm commitment,but should be used forplanning purposes only: PARKLOCATION ESTIMATEDQTY.OF BLOW-ON MULCH Brewer Park:6300 SW 56 Street 40 CY Dante FascellPark:8700RedRoad(57Avenue)50 CY Murray Park:5800 SW66 Street •40 CY PalmerPark:6100 SW 67Avenue 20 CY LUMP SUM TOTAL /'ISO CY Contractor shall furnish all materials andequipment necessary tosecure completion ofthe work,including disposing of materials and equipment necessary to secure completion ofthe workandshouldbereflectedinContractor's Lump Sumquote. MANDATORY Pre-Quote Meeting is scheduled April9,2014at10AMat the Gibson-Bethel Community Center,5800 SW66 Street,South Miami,FL 33143. Note:Bids will onlybe accepted that included quotations forwork performed during regular workinghours,7AMto5PM,Monday -Friday. The City reserves the right to award the Project tothe person with the lowest,most responsive, responsible Proposal,asdeterminedbythe City,subjecttotherightofthe City,orthe City Commission,torejectanyand all proposals,andthe right ofthe City to waive any irregularity in the Proposals or RFP procedure and subject also tothe right ofthe City to award the Project, andexecuteacontractwitha Respondent or Respondents,otherthantoonewho provided the lowest Proposal Price. "VS> Exhibit I INSURANCE AND INDEMNIFICATION I.I Insurance - A.Without limitingits liability,the vendor,contractor,consultant or consultingfirm (hereinafter referred toas "FIRM"withregardtoInsuranceandIndemnification requirements)shallberequiredto procure andmaintainatitsown expense during the lifeof the Contract,insuranceof the typesandintheminimum amounts stated belowaswill protect the FIRM,from claims'which mayarise out of or result from the contract or the performance ofthe contract with the CityofSouth Miami, whether suchclaimisagainstthe FIRM or any sub-contractor,or byanyonedirecdy or indirectlyemployedbyanyof them or byanyonefor whose actsanyofthemmay be liable. B.Noinsurance required by the CITYshallbeissued or written byasurpluslines carrier unless authorized in writing by the CITYandsuch authorization shallbe at the CITY's soleandabsolutediscretion.The FIRM shall purchase insurancefrom andshallmaintaintheinsurancewithacompany or companies lawfully authorized to sellinsuranceintheStateof Florida,onformsapprovedby the Stateof Florida,as will protect the FIRM,ata minimum,from all claims as set forthbelowwhichmay arise out of or result from the FIRM'S operations under the Contract andforwhich the FIRM maybe legally liable,whethersuchoperationsbebythe FIRM orbya Subcontractororbyanyonedirectlyor indirectly employed byanyofthem,orby anyoneforwhoseactsanyofthemmaybe liable:(a)claims under workers' compensation,disability benefitand other similaremployeebenefitactswhichare applicable tothe Work tobeperformed;(b)claims for damages becauseof bodily injury,occupationalsickness or disease,or deathofthe FIRM's employees;(c) claims for damages becauseof bodily injury,sickness or disease,ordeathofany person other thanthe FIRM's employees;(d)claims for damages insuredby usual personalinjury liability coverage;(e)claimsfordamages,other thantothe Work itself,becauseof injury toordestructionof tangible property,including lossofuse resulting there from;(f)claims for damages,becauseof bodily injury,deathofa person or property damagearising out ofownership,maintenance or useofa motor vehicle;(g)claims for bodily injury orproperty damage arising outofcompleted operations;and(h)claims involving contractual liability insurance applicable tothe FIRM's obligationsunderthe Contract. 2.1 Firm's Insurance Generally The FIRM shall provide andmaintaininforceandeffectuntilall the Work to be performed underthisContracthasbeen completed and accepted by CITY (orfor such durationasisotherwise specified hereinafter),the insurance coverage writtenon Floridaapprovedformsandas set forthbelow: A.Professional Liability Insuranceona Florida approvedformintheamount of$1,000,000 with deductible per claim if any,nottoexceed 5%ofthe Rev:10/29/13 Rev:10/29/13 limit of liability providing for all sums which the FIRM shall become legally obligated topayas damages for claims arising out oftheservicesor work performedbythe FIRM its agents,representatives,Sub-Contractorsor assigns,orbyanypersonemployedorretainedbyhiminconnectionwith this Contact.This insurance shall be maintained forfour years after completion ofthe construction and acceptance ofany Project coveredby this Contact.However,the FIRM may purchase Specific Project Professional Liability Insurance,in the amount andunder the terms specifiedabove,whichisalsoacceptable. B.Workers'Compensation Insurance atthestatutoryamountasto all employees incompliancewiththe "Workers'Compensation Law"of the Stateof Florida including Chapter440,Florida Statutes,aspresently written orhereafteramended,and all applicable federal laws. C.CommercialComprehensive General Liability insurance withbroadform endorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability ofinterestwithcross liability provision,and personal injury andproperty damage liability with limitsof$1,000,000combined single limitperoccurrenceand$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000 per person; •Property Damage:$500,000each occurrence; •Automobile Liability:$1,000,000 eachaccident/occurrence. •Umbrella:$1,000,000perclaim D.Umbrella Comprehensive General Liability insurance shall be written ona Florida approved form withthe same coverage asthe primary insurance policybutintheamountof $1,000,000 per claim and$2,000,000Annual Aggregate.Coveragemustbeaffordedonaformno more restrictivethan thelatesteditionoftheComprehensive General Liability policy,without restrictive endorsements,asfiledby the InsuranceServicesOffice,and must include: (1)Premisesand Operation (2)Independent Contractors' (3)Productsand/or Completed Operations Hazard (4)Explosion,CollapseandUnderground Hazard Coverage (5)BroadFormProperty Damage (6)Broad Form Contractual Coverage applicable tothis specific Contract,including anyholdharmlessand/orindemnification agreement. (7)PersonalinjuryCoveragewithEmployeeandContractual Exclusions removed,withminimumlimitsofcoverageequalto those requiredfor Bodily Injury Liability andProperty Damage Liability. E.Business Automobile Liability withminimumlimits of One Million Dollars ($1,000,000.00)plusan additional Two Million Dollar($2,000,000.00) umbrellaperoccurrencecombinedsinglelimitforBodily Injury Liability and Properly Damage Liability.Umbrella coverage must be afforded ona form no more restrictive than the latest edition of the Business Automobile Liability policy,withoutrestrictiveendorsements,as filed by with the state of Florida,and must include: (1)Owned Vehicles. (2)Hiredand Non-Owned Vehicles (3)Employers'Non-Ownership 3.1 SUBCONTRACTS: The FIRM agreesthatifanypartofthe Work underthe Contract issublet,the subcontract shall contain the sameinsuranceprovisionassetforthinsection 5.1 above and5.4 below andsubstitutingthe word SUBCONTRACTOR for the word FIRM and substituting the word FIRM forCITY where applicable. 4.1 Fire andExtendedCoverage Insurance (Builders'Risk).IF APPLICABLE: A.In theeventthatthiscontract involves theconstructionofastructurebythe FIRM, the FIRM shall maintain,withan Insurance Companyor Insurance Companies acceptable tothe CITY,"Broad"form/All Risk Property Insurance on buildings and structures,whileinthecourseofconstruction,including foundations,additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures.The policy or policies shall also cover machinery,ifthecost of machinery is included in the Contract,orifthe machinery is located in a building that isbeingrenovatedbyreason of thiscontract.The amount of insurancemust, at all times,beat least equal tothe replacement value ofthe insured property.The policy shall be in the name ofthe CITY and the FIRM,astheir interest may appear, and shall also coverthe interests of all Subcontractors pierforming Work. B.Allofthe provisions set forth in Section 5.4 herein below shall apply tothis coverageunlessitwouldbeclearly not applicable. 5.1 Miscellaneous: A.Ifanynoticeof cancellation of insurance or change in coverage is issued bythe insurancecompanyorshouldany insurance haveanexpirationdatethatwilloccur during the period ofthis contract,the FIRM shall be responsible for securing other acceptable insurance priortosuch cancellation,change,orexpirationsoasto providecontinuouscoverageasspecifiedinthissectionandsoasto maintain coverage during the life ofthis Contract.TheCITY shall have the option,butnot the duty,to pay any unpaid premium and the right to terminate or cancel the policy thereafterwithoutnoticeto FIRM or liability onthepartoftheCITYtothe FIRM for such cancellation. B.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.At the option of the CITY,either the FIRMshall eliminate or reduce such deductible or the FIRM shall procure a Bond,in a form satisfactory tothe CITY covering the same. Rev:10/29/13 GThe policies shall contain waiverof subrogation against CITYwhere applicable,shall expresslyprovidethatsuch policy or policies areprimaryoverany other collectible insurance thatCITYmay have.TheCITYreservestherightatanytimetorequest acopyoftherequired policies forreview.All policies shall containa "severability of interest"or"cross liability"clause without obligation forpremiumpaymentofthe CITY D.Beforestarting the Work,the FIRM shall deliver to the CITY and FIRM certificates ofsuchinsurance,acceptabletotheCITY,aswellastheinsurancebinder,ifoneis issued,theinsurance policy,including the declaration page and all applicable endorsements andprovidethename,addressand telephone number of the insuranceagentor broker through whom the policywas obtained.The insurer shall berated A.VII or better perA.M.Best'sKeyRatingGuide,latesteditionand authorized to issueinsurancein the State of Florida.Allinsurancepolicies must be written on forms approved by the State of Florida and they must remainin full forceand effect for the durationofthe contract periodwith the CITY The FIRM must providea"certifiedcopy"of the Policy(as defined inArticle I ofthis document)which shall includethe declaration pageand all required endorsements. Inaddition,the FIRM shalldeliver,at the time ofdelivery of the insurance certificate,the following endorsements: (1)an endorsement tothepolicy stating: "The City of South Miami isanadditional named insured with the right but not the obligationtopayanyunpaidpremiumandprovidingthatthecity does not haveanyduty or obligation to provide first notice of claimforany liabilityitincursand that arises out of the acts,omissions or operations of the named insured.The insurerwillpayall sums that the City of South Miami becomes legally obligated to payasdamagesbecauseof 'bodily injury",'property damage',or"personalandadvertisinginjury"anditwill provide to the City all of thecoveragethatistypicallyprovidedunderthe standard Florida approvedformsforcommercialgeneral liability coverage Aand coverage B"; (2)an endorsement that states: "Thispolicyshall not becancelled(includingcancellationfor non-payment of premium),terminated ormateriallymodified without firstgiving the Cityof South Miami20daysadvanced written notice of the intent to materially modifythepolicyortocancelorterminate the policyforanyreason.The notification shall bedeliveredto the Citybycertifiedmail,withproofof delivery to the City." 6.1 Indemnification A.The FIRM accepts andvoluntarilyincurs all risks of anyinjuries,damages,or harm which might ariseduring the work or event that is occurring on the CITY's property due to the negligenceor other faultof the FIRM or anyone acting through oron behalf of the FIRM. Rev:10/29/13 B.The FIRM agrees to indemnify,defend,saveandholdCITY,itsofficers,affiliates, employees,successorsand assigns,harmless fromanyand all damages,claims, liability,losses,claims,demands,suits,fines,judgments orcostandexpenses, including reasonable attorney'sfees incidental thereto,whichmaybesufferedby,or accruedagainst,charged to or recoverable from the City of South Miami,itsofficers, affiliates,employees,successors and assigns,by reason ofany causes of actions or claim ofanykindornature,including claims for injury to,ordeathofanypersonor personsandforthelossordamage to anyproperty arising out ofanegligenterror, omission,misconduct,oranygrossnegligence,intentionalact or harmful conduct of the FIRM,itscontractor/subcontractororanyoftheirofficers,directors,agents, representatives,employees,or assigns,or anyoneactingthroughoronbehalfofany ofthem,whicharisesoutoforis concerning theuseofCITYpropertyorthe service,operation orperformanceofany work thatisbeing performed for the CITY orofany event thatisoccurringontheCITY'sproperty. C.The FIRM shall pay all lossesandexpensesofanykindornaturewhatsoever,in connection therewith,including the expense orlossof the CITY and/oritsaffected officers,affiliates,employees,successorsand assigns,including theirattorney's fees, in the defense of anyactioninlaworequitybroughtagainst them. D.The FIRM agreesandrecognizesthatneither the CITYnoritsofficers,affiliates, employees,successors and assigns shall beheld liable or responsible forany claims, including thecostsandexpensesof defending such claims whichmayresultfromor arise outof actions or omissions ofthe FIRM,its contractor/subcontractor or any of their agents,representatives,employees,or assigns,oranyone acting throughoron behalfofthethem,and arising out oforconcerningthe work oreventthatis occurring ontheCITY'sproperty.In reviewing,approving or rejecting any submissions oractsofthe FIRM,CITYinnoway assumes or shares responsibility or liability for the acts or omissions ofthe FIRM,its contractor/subcontractor or any of their agents,representatives,employees,or assigns,or anyone acting through oron behalf of them. E.The FIRM has the duty to provide a defens.e with an attorney or law firm approved bytheCityofSouth Miami,which approval willnotbe unreasonably withheld. Rev:10/29/13 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent'sSwornStatementUnderSection 287.I33(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit/9 shall becompletedand provided withthe proposal submittal. 2.Neitherthe individual(s)/firm,nor any of his/her/its employees shall bepermitted to represent anyclientbeforetheCommission or anyCommittee,department or agencyoftheCity,and shall agreenot to undertakeany other private representation whichmightcreatea conflict of interest withtheCity.The individual(s)/firm may notrepresentany Commission member,individually,or,any member of their family or any business inwhichtheCommission member of their familyhasan interest. 3.All proposals received will be considered public records.TheCity will consider all quotations usingsuchcriteriaastheCommission or City Manager may adopt at eitheroftheirsole discretion.The individual(s)/firm selected will berequiredto enter intoaformalagreementwiththeCityinaformsatisfactorytotheCity,prior totheexecutionof which theCity shall reserveall rights,including therightto change its selection. 4.Respondent's Attachment #2 "Drug Free Workplace"form shall be completedandprovidedwiththeproposalsubmittal. 5.Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit/9 shall becompletedand provided withtheproposal submittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards/9 shall be completed andprovidedwiththeproposal submittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shallbecompletedandprovided with theproposalsubmittal. Page1 of 10 Attachment #1 Public Entity Crimes and Conflicts of Interest Pursuanttothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes-"A person or affiliate whohasbeen placed onthe convicted vendorlist following a conviction fora public entitycrime may notsubmita Bid onaContracttoprovideanygoodsor services toa public entity,maynotsubmita Bid ona Contract withapublicentityfortheconstruction or repairofa public building or public work,may notsubmitbidsonleasesofrealpropertytoa public entity,maynotbeawardedtoperformworkasaContractor,supplier,Subcontractor, orConsultantunderaContractwithany public entity,and may nottransact business withany public entityinexcessofthethresholdamountCategoryTwoofSection 287.017,Florida Statutes,forthirtysix (36)monthsfromthedateofbeingplacedontheconvictedvendorlist". Theawardofany contract hereunder issubjecttotheprovisionsof Chapter 112,FloridaState Statutes.BIDDERS must disclose withtheir Bids,thenameofany officer,director,partner, associate or agentwhoisalsoanofficer or employeeof the CityofSouth Miami or its agencies. SWORN STATEMENT PURSUANT TOSECTION 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. I.Thissworn statement issubmittedto City of South Miami [printnameof the publicentity] by Luis I.Rodriguez,President &CEO [print individual's nameandtide] for Pontifex Construction Group Inc. [printnameofentitysubmittingsworn statement] whose business address is8720SW83rd Street _____ Miami,FL 33173 and(ifapplicable)its Federal Employer Identification Number (FEIN)is 26-2219380 (Iftheentityhasno FEIN,includetheSocialSecurity Number of the individual signing this sworn statement:N/A .) 2.I understand that a"publicentitycrime"as defined inParagraph 287.133 (l)(g),Florida Statutes,meansaviolationofanystate or federallawbya person with respect toand directlyrelatedto the transaction ofbusinesswithanypublicentity or withanagency or political subdivisionofany other stateoroftheUnitedStates,including,butnot limited to,anybid or contract forgoodsorservicestobeprovidedtoany public entity or anagency or politicalsubdivisionofany other state or of the UnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understandthat"convicted"or "conviction"as defined in Paragraph 287.133 (l)(b), Florida Statutes,meansa finding ofguilt or a conviction ofa public entitycrime,withor Page2 of 10 without an adjudication of guilt,inany federal orstatetrial court of record relating to chargesbroughtbyindictmentorinformationafter July I,1989,asaresultofajury verdict,non-jurytrial,orentryofa plea of guilty ornolocontender. 4.I understand thatan "affiliate"asdefinedin Paragraph 287.133 (l)(a),Florida Statutes, means: (a)A predecessor orsuccessorofapersonconvicted of apublicentitycrime;or (b)An entity under the controlofanynaturalperson who isactivein the managementof the entity andwhohasbeenconvictedofapublic entity crime.The term "affiliate"includes those officers,directors,executives,partners,shareholders, employees,members,andagents who areactivein the management of an affiliate.The ownership byonepersonofsharesconstitutingacontrolling interest inanyperson,ora pooling ofequipmentorincomeamongpersonswhennotfor fair marketvalueunder anarm'slengthagreement,shall bea prima facie casethatonepersoncontrolsanother person.Apersonwhoknowinglyentersintoajointventurewithapersonwhohas beenconvictedofa public entitycrimein Florida during thepreceding36months shall be considered an affiliate. 5.I understand thata"person"as defined in Paragraph 287.133 (l)(e),Florida Statutes. meansanynaturalpersonorentityorganizedunder the lawsofanystateor of the UnitedStateswiththe legal powertoenterintoa binding contractandwhichbidsor applies tobidoncontractsforthe provision ofgoodsorservicesledbya public entity, orwhichotherwisetransactsor applies totransactbusinesswitha public entity.The term"person"includes those officers,directors,executives,partners,shareholders, employees,members,and agents whoareactivein management ofanentity. 6.Basedon information andbelief,the statement which I have marked below is true in relationtotheentitysubmittingthisswornstatement.[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 whoare activeinthemanagementoftheentity,norany affiliate oftheentityhasbeencharged withandconvictedofa public entitycrimesubsequentto July I,1989. Theentitysubmittingthisswornstatement,oroneor more ofitsofficers, directors,executives,partners,shareholders,employees,members,or agents whoare activeinthemanagementoftheentity,oran affiliate oftheentityhasbeenchargedwith andconvictedofa public entitycrimesubsequentto July I,1989. The entity submittingthisswornstatement,oroneormoreofitsofficers, directors,executives,partners,shareholders,employees,members,or agents whoare activeinthemanagementoftheentity,oran affiliate oftheentityhasbeenchargedwith andconvicted of a public entitycrimesubsequentof July I,1989.However,therehas beena subsequent proceeding before a Hearing OfficeroftheStateof Florida,Division ofAdministrative Hearings andthe Final Orderenteredbythe Hearing Officer determinedthatitwasnotinthe public interestto place theentity submitting this sworn statement ontheconvictedvendor list,{attach acopyofthe final order.] Page3 of 10 Continuation ofAttachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTHE 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 THEPUBLIC 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 INFORMATIO^^^ 4&»t,s Notary Public State of Florida I ^_ riA^Alicia A Roman >.;^^L _••-<^S <*•_^>^==>'M.i My Commission £E104562 <J -~^~'^ **<£ExoifOB 06/19/2015 \—^I^vv*^^[signature] Sworn to and subscribed beforemethis 15th dayof April ,20 14 _*L_Persona'ly knownor ProducedidentificationNotary Public -State of Florida Mycommissionexpires 06/19/2015 (Typeof identification) (Printed,typedor stamped commissioned nameof notary public) Form PUR 7068 (Rev.06/11/92) Page4 of 10 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever twoor more Bids which are equal with respect to price,quality and service are received bythe State orby any political subdivisions for the procurement of commodities or contractual services,a Bid received from a business that certifies thatit has implemented a drug-free workplace program shall be given preference inthe award process.Established procedures for processing tie Bids will be followed if none ofthe tied vendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1.Publish a statement notifying employees thatthe unlawful manufacture,distribution, dispensing,possession,or use ofa controlled substance is prohibited in the workplace and specifying the actions that will betaken against employees for violations ofsuch 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 employeesfordrugabuse violations. 3.Giveeachemployee engaged in providing the commodities or contractual services that areunder Bid acopyofthestatement specified in Subsection (I). 4.In thestatement specified in Subsection (I),notify the employees,that,asa condition of working onthe commodities or contractual services thatare under Bid,the employee will abide bythetermsofthe statement and will notifythe employer of any conviction of,or plea of guilty ornolo contender to,any violation of Chapter 893 orof any controlled substance law ofthe United States or any state,fora violation occurring in theworkplacenolaterthan five (5)days aftersuch conviction. 5.Impose a sanction on,or require the satisfactory participation ina drug abuse assistance or rehabilitation program,if such is available in the employee's community,byany employee who isso convicted. 6.Make agood faith effortto continue to maintain a drug-free workplace through implementation of this section. Asthe person authorized to sign thestatement I certify thatthis firm complies fully withthe above requirements. PROPOSER'S %.•=r:^-i:^--- Signature:I ^--"::-~r PrintName:Luis I.Rodriguez Date:04-15-2014 Page5 of10 Attachment #3 "No Conflict of Interest/Non Collusion Affidavit" Submitted this 15th day of April t 20 14 The undersigned,asBidder/Proposer,declaresthattheonlypersonsinterestedinthis RFP arenamed herein;thatno other personhasany interest inthisRFP or in the Contract to whichthis RFP pertains; thatthisresponseismadewithout connection or arrangement withanyotherperson;andthatthis response isinevery respect fairandmadeingoodfaith,without collusion or fraud. TheBidder/Proposeragreesifthis response/submission isaccepted,toexecuteanappropriate CITY documentforthepurposeof establishing a formal contractual relationship betweenthe Bidder/Proposer andthe CITY,forthe performance of all requirements to which the response/submission pertains. The Bidder/Proposer statesthatthisresponseis based upon the documents identified bythe following number:Bid/RFP The full-names andresidencesofpersonsand firms interestedinthe foregoing bid/proposal,as principals,are asfollows: Luis I.Rodriguez 8720 SW 83rd Street Miami FL 33173 The Bidder/Proposer further certifies that this response/submission complies with section 4(c)ofthe Charter ofthe City of Miami,Florida,that,tothebestofits knowledge and belief,no Commissioner, Mayor,orother officer or employee ofthe CITY has an interest direcdy or indirectly in the profits or emoluments ofthe Contract,job,workor service to which the response/submission pertains. Signature: Printed Name:Luis I.Rodriguez Title:President &CEO Telephone:305-218-9425 Company Name Pontifex Construction Group Inc. Continuation ofAttachment #3No Conflict ofinter/Non-Collusion Certification Page6 of 10 NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this 15th day of API!!,2014 by Luis I.Rodriguez .(name of person whose signature is being notarized)who Is SEAL 4&I >%Notary Public State of Fkntdi PfcJr*Alicia A RomanlML*MyCommlMtonEEl04562^W Expiree 06/19/2015 /^i^- XPersonally known to me,or Personal identification: Type ofIdentificationProduced X Did take an oath,or Did Not take an oath. Alicia A.Roman (NameofNotaryPublic Print,Stamp or type as commissioned.) FAILURE TO COMPLETE.SIGN.&RETURN THISFORM MAY DISQUALIFY YOUR RESPONSE Page7 of 10 Attachment #4 "Acknowledgement and Conformance with OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We,Pontifex Construction Group Inc.t (|sjame 0fContractor),hereby acknowledge and agree that as Contractors forthis Solicitation,as specified havethesole responsibility forcompliancewithallthe requirementsoftheFederalOccupational Safety andHealthActof 1970,andallStateandlocalsafety andhealth regulations,andagreeto indemnify andholdharmlesstheCityofSouth Miami againstany andall liability,claims,damages,lossesandexpensestheymayincurduetothefailureof (subcontractor's names): to complywithsuchact or regulation. CONTRACTOR '^^_::-^/JUU^/Uma^ Witness BY:Luis I.Rodriguez Name President &CEO Title FAILURE TO COMPLETE.SIGN.&RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8 of 10 Attachment#5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Luis I.Rodriguez ,individually and on behalf of Pontifex Construction Group inc. ("Firm")have Name of Representative CompanylVendor/Entity read theCityof South Miami ("City'ys Codeof Ethics, Section 8A-I ofthe City's Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestofmy knowledge,information andbelief: (1)neither I northe Firm have any conflict of interest (as defined in section 8A-1)with regard tothe contract or business that I,and/orthe Firm,am(are)aboutto perform for,orto transact with,the City,and (2)neither Inorany employees,officers,directors ofthe 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 ofthe City orwho is(are) an appointed or elected official ofthe City,or who is(are)a member of any public body created by the City Commission,/.e.,a board or committee oftheCity[SeeNote #1 below],and (3)neither I northe 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 contracts)with the City or has a financial interest,direct or indirect,in any business being transacted withthe city,orwith any personor agency acting forthe city,other than as follows: :(»f necessaryuseaseparate sheet tosupply additional informationthatwill not fiton this linebutmakereferenceon thelineabovetotheseparatesheet,i.e.,"seeattached additional information"andmakereferencetothis document and this paragraph ontothe additional sheet which additional sheet must be signed under oath).[See Note #1 below];and (4)no elected and/or appointed official or employee ofthe 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 betweenyou and/or your Firm and theCityother than the following individuals whoseinterestisset forth following theiruseaseparate names: (ifnecessaryuseaseparate sheettosupply additional informationthatwillnotfitonthislinebutmakereferenceonthelineabovetothe separate sheet,i.e.,"see attached additional information"and make reference to this document and this paragraph ontothe 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%)ormoreofthetotal assets of capital stockinthe firm areas follows: -(if necessaryuseaseparate sheet tosupplyadditionalinformationthatwill not fitonthislinebutmake reference on thelineabovetotheseparatesheet,i.e.,"seeattached additional information"andmakereferencetothis document and this paragraph ontothe additional sheetwhich additional sheet must be signed under oath).[See Note #I below] (5)I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometousthroughourpositionoftrust,orthroughour performance ofourdutiesunderthetermsofthe contract with the City,to secure a special privilege,benefit,or exemption for ourselves,or others.We agree that we may not disclose oruse information,not available to members ofthe general public,for our personal gain or Note #I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirm with morethan 15 employees,thestatementin this section shall bebasedsolely onthe signatory's personal knowledge andhe/sheisnot required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatement in thissection shall bebasedsolelyonthe signatory's personal knowledge andhe/sheisnot required tomake anindependentinvestigationastotherelationshipofemployeesorofthosewhohavea financial interestintheFirmorof the financial interest In theFirmofcityemployees,appointed officials ortheimmediate family membersofelectedand/or appointed official oremployeeorastothe relationship bybloodormarriageofemployees,officers,ordirectorsoftheFirm, orofanyoftheirimmediate family toany appointed orelected officials oftheCity,ortotheirimmediate family members. benefitorforthepersonalgainorbenefitofanyotherpersonor business entity,outsideofthenormal gain or benefitanticipatedthroughtheperformanceofthecontract. (6)I andthe Firm herebyacknowledge thatwe have notcontractedor transacted any business withthe City or anypersonoragencyactingfortheCity,andthatwe have notappearedinrepresentationofanythirdparty before any board,commission or agencyoftheCitywithinthepasttwoyears other thanas follows: (ifnecessaryuseaseparatesheettosupply additionalinformationthatwillnotfitonthislinebutmakereferenceonthelineabovetotheseparatesheet,i.e., "see attachedadditionalinformation"andmakereferencetothisdocumentandthisparagraphontotheadditional sheet whichadditional sheet mustbesigned under oath). (7)Neither1norany employees,officers,ordirectorsofthe Firm,noranyoftheir immediate family (l.e.,asa spouse,son,daughter,parent,brother orsister)isrelatedbybloodormarriageto:(i)anymemberoftheCity Commission;(ii)anycityemployee;or (Hi)anymemberofanyboardoragencyoftheCity other thanas follows: (ifnecessaryuseaseparate sheet tosupplyadditional information that willnotfitonthislinebutmake reference onthelineabove to the separate sheet,i.e.,"see attached additional information"andmake reference tothis document andthisparagraphon to theadditional sheet whichadditional sheet mustbesignedunderoath).[See Note #1 below];and. (8)NoOther Firm,noranyofficersordirectorsofthat Other Firm oranyonewhohasa financial interestgreater than5%in that Other Firm,norany member ofthose persons'immediate family (i.e.,spouse,parents,children, brothersandsisters)noranyofmy immediate family members (hereinafter referredtoas "Related Parties")has responded toasolicitationbytheCityinwhich I or theFirmthat I represent or anyonewhohasa financial interest greater than5%intheFirm,or anymemberofthose persons'immediate family (l.e.spouse,parents, children,brothers andsisters)havealsoresponded,otherthanthe following: _(if necessary useaseparatesheetto supply additional information that will not fit onthislinebutmakereferenceonthelineabovetotheseparatesheet,i.e.,"see attachedadditionalinformation"andmakereferencetothisdocumentandthisparagraphon to the additional sheet whichadditional sheet mustbesignedunder oath),[whiletheethicscodestillapplies,ifthepersonexecuting thisformisdoingsoonbehalfofa firm whosestockis publicly traded,the statement inthissection(8)shallbe basedsolelyonthesignatory'spersonal knowledge andhe/sheisnotrequiredtomakeanindependent investigationinto the Other Firm,or theFirmhe/she represents,asto their officers,directors oranyonehavinga financial interest in those Firms or anyoftheiranymemberofthosepersons'immediate family.] (9)I andthe Firm agreethatweare obligated to supplement this Verification Formand inform theCityofany change in circumstances thatwouldchangeouranswerstothis document.Specifically,afterthe opening ofany responses toasolicitation,I and the Firmhaveanobligationto supplement thisVerificationFormwiththenameof all Related Partieswhohavealsorespondedtothesame solicitation andtodisclosethe relationship ofthose parties to meand the Firm. (10)A violation oftheCity's Ethics Code,the giving ofany false information orthe failure tosupplementthis Verification Form,may subjectmeorthe Firm to immediate termination of any agreement withthe City,andthe imposition ofthe maximum fineand/orany penalties allowed by law.Additionally,violations may be considered by andsubjecttoactionbythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I Note #I:While theethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwith more than 15 employees,the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge and he/she is not requiredtomakeanindependentinvestigationastothe relationship ofemployees;ifthefirm is a publicly tradedcompany, the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheisnotrequiredtomake an independent investigation asto the relationship of employees or of those whohaveafinancial interest intheFirmorof the financial interestintheFirmofcityemployees,appointed officials ortheimmediatefamily members ofelectedand/or appointedofficialor employee orastotherelationshipbybloodormarriageof employees,officers,ordirectorsoftheFirm, orofanyoftheirimmediatefamilytoanyappointedorelected officials oftheCity,ortotheirimmediate family members. havemadea diligent effortto investigate themattersto which I am attesting hereinabove andthatthestatements made hereinabove aretrueandcorrecttothebestofmy knowledge,information and belief. Signature:'*-="s*^ Print Name&Title:Luis I.Rodriguez,President &CEO Date:04-15-2014 ATTACHED: Sec.8A-1 -Conflict of interest and code of ethics ordinance. Municode Page 10f4 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. This section shall be designated and knownasthe "City ofSouth Miami Conflict of Interest and Codeof 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 wayof example,and not as a limitation,subsections (c)and (d)may be applied tothe same contract or transaction. (b)Definitions.For the purposes ofthis section the following definitions shall be effective: (1)The term "commission members"shall refer tothe mayor and the members ofthe city commission. (2)The term "autonomous personnel"shall refer tothe members of autonomous authorities,boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3)Theterm "quasi-judicial personnel"shall refer tothe members ofthe planning board,the environmental review and preservation board,the code enforcement board and such other individuals,boards and agencies ofthe city as perform quasi-judicial functions. (4)The term "advisory personnel"shall refer tothe members of those city advisory boards and agencies whose sole or primary responsibility isto recommend legislation or give advice tothe city commission. (5)The term "departmental personnel"shall refer tothe city clerk,the city manager,department heads,the city attorney,and all assistants tothecity clerk,city manager and cityattorney,however titled. (6)Theterm "employees"shall refer to all other personnel employed bythe city. (7)Theterm "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 ofthe outstanding capital stock in any corporation ora direct or indirect interest often percent or more in a firm, partnership,orother business entity atthetimeof transacting business with the city. (9)The term "immediate family"shall refer tothe spouse,parents,children,brothers and sisters ofthe person involved. (10)Theterm "transact any business"shall refer tothe purchase or sale bythe city of specific goods or services for consideration and to submitting a bid,a proposal in response toa RFP,a statement of qualifications in response toarequestbythe city,or entering into contract negotiations forthe provision onanygoods or services, whichever first occurs. (c)Prohibition ontransacting business withthe city. Note#I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwithmorethan 15 employees,thestatementin this section shall be based solelyonthe signatory's personal knowledge andhe/sheisnot required tomakeanindependentinvestigation astothe relationship of employees;ifthe firm isa publicly traded company, the statementinthissection shall bebasedsolelyonthe signatory's personal knowledge and he/she isnot required tomake an independent investigationastotherelationship of employeesorofthosewhohavea financial interest IntheFirmorof the financial interestintheFirmofcityemployees,appointed officials ortheimmediate family membersofelectedand/or appointed official oremployeeorastotherelationshipbybloodormar/iageofemployees,officers,ordirectorsoftheFirm, orofanyoftheirimmediate family toany appointed orelected officials oftheCity,ortotheirimmediate family members. Nopersonincludedinthetermsdefinedinparagraphs (b)(1)through(6)andinparagraph(b)(9)shall enter into any contract or transact anybusinessinwhichthatperson or amemberof the immediate family hasa financial interest,direct or indirect withthecityorany person oragencyactingforthecity,andanysuch contract, agreement or business engagement entered inviolationofthis subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.Nothinginthis subsection shall prohibit or make illegal: (1)Thepaymentoftaxes,specialassessmentsorfeesforservicesprovidedbythecitygovernment; (2)Thepurchaseofbonds,anticipation notesorothersecuritiesthatmaybeissuedbythecitythrough underwritersordirectlyfromtimetotime. Waiver of prohibition.Therequirementsofthis subsection may be waived foraparticulartransactiononlybyfour affirmative votesofthecitycommissionafterpublichearinguponfindingthat: (1)An open-to-all sealedcompetitiveproposalhasbeensubmittedbyacitypersonas defined in paragraphs (b)(2), (3)and(4); (2)Theproposalhasbeensubmittedbyapersonor firm offering serviceswithinthescopeofthepracticeof architecture,professionalengineering,or registeredland surveying,asdefinedbythelawsofthestateand pursuanttothe provisions oftheConsultants'Competitive Negotiation Act,andwhentheproposalhasbeen submittedbyacitypersondefinedinparagraphs(b)(2),(3)and(4); (3)Thepropertyor services tobe involved intheproposed transaction are unique andthecitycannot avail itself ofsuch property or serviceswithoutenteringatransactionwhichwouldviolatethissubsectionbut forwaiverofits requirements;and (4)Thatthe proposed transactionwillbeinthebestinterestofthecity. Thissubsection shall be applicable onlytoprospectivetransactions,andthecity commission may innocase ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall betakentobe cumulative and shall notbeconstruedto amend orrepeal any other lawpertainingto the same subject matter. (d)Further prohibitionontransactingbusinesswiththecity. Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontractortransactanybusinessthrougha firm,corporation,partnershiporbusinessentityinwhichthat personoranymemberofthe immediate family hasa controlling financial interest,direct or indirect,withthecity oranyperson or agencyactingforthecity,andanysuch contract,agreementorbusinessengagement entered in violation ofthis subsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,noperson included intheterm defined in paragraph (b)(1)shall voteonor participate in any wayin anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationships withanyofthe personsorentitieswhichwouldbeor might be directly or indirectly affected byanyactionofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinany instance the transaction ormatterwould affect the person defined in paragraph (b)(I)inamanner distinct fromthemannerin which itwould affect the public generally.Any person included intheterm defined in paragraph (b)(I)who has any ofthe specified relationships orwho would or might,directly or indirectly,realize a profit bythe action ofthe city commission shall notvoteon or participate inanywayin the matter. (E)Gifts. (l)Defmition.Theterm "gift"shall refertothetransferof anything of economic value,whetherinthe form of money,service,loan,travel,entertainment,hospitality,Itemorpromise,orinany other form,without adequate andlawful consideration. (2)Exceptions.Theprovisionsofparagraph (e)(1)shall not apply toe a.Political contributions specifically authorizedbystate law; Note#I:While theethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwithmorethan 15 employees,the statement inthissection shall bebasedsolelyon the-signatory's personalknowledgeandhe/sheIsnot required tomakeanindependentinvestigation astothe relationship of employees;ifthe firm isa publicly tradedcompany, the statement inthissectionshallbebasedsolelyonthe signatory's personal knowledgeandhe/sheIsnotrequiredtomake an independent investigationasto the relationshipof employees orofthosewhohavea financial interest intheFirmorof the financial InterestintheFirmofcityemployees,appointed officials ortheimmediate family membersofelectedand/or appointed official oremployeeorastotherelationshipbybloodormarriageofemployees,officers,ordirectorsoftheFirm, orofanyoftheirimmediate family toany appointed or elected officials oftheCity,ortotheirimmediate family members. b.Gifts from relatives or members of one's household,unless the person is a conduit on behalf ofa third party to the delivery ofagiftthatisprohibitedunder paragraph(3); c Awardsforprofessional or civicachievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.Itis also unlawful foranypersonorentityto offer,give or agree to give toanyperson included intheterms defined in paragraphs (b)(1)through (6),orfor any person included intheterms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfromanotherpersonorentity,anygiftfororbecauseof: a.An official public action taken,ortobe taken,or which could be taken,oran omission or failure totakea public action; b.A legal duty performed ortobe performed,or which could be performed,oran omission or failure to perform alegalduty; c.A legal duty violated ortobe violated,or which could be violated by any person included in theterm defined in paragraph (b)(1);or d.Attendanceorabsencefroma public meetingatwhich official actionistobetaken. (4)Disclosure.Any person included intheterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or seriesof gifts from anyone personor entity,having a value in excess of $25.00.The disclosure shall bemadeby filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county and with the Florida Secretary ofState. (f)Compulsory disclosure byemployeesof firms doing business withthecity. Should anyperson included intheterms defined in paragraphs (b)(1)through (6)be employed bya corporation, firm,partnership or business entity in which that person orthe immediate family doesnot have a controlling financial interest,and should the corporation,firm,partnership or business entity have substantial business commitments toorfromthecityoranycity agency,orbesubjecttodirect regulation bythecityoracity agency, thenthe person shall file a sworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(l)through (6)shall corruptly useorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidentialinformation. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in anybusinessor professional activity whichonemight reasonablyexpectwouldrequireorinduceoneto disclose confidential information acquiredbyreasonofan 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 everuse such information,directly or indirectly,for personal gain or benefit. (i)Conflicting employment prohibited. Noperson included intheterms defined in paragraphs (b)(I)through (6)shall accept other employment which would impair independence of judgment inthe performance of any public duties. (j)Prohibitionon outside employment. (I)Noperson included in theterms defined in paragraphs (b)(6)shall receive any compensation for services asan officer or employee ofthecity from anysourceotherthanthe city,exceptas may be permitted as follows: a.Generally prohibited.No full-time city employee shall accept outside employment,either incidental,occasional or otherwise,wherecitytime,equipmentor material istobeusedorwheresuch employment oranypartthereofis tobe performed oncitytime. Note #I;While the ethics codestillapplies,iftheperson executing thisformisdoingsoonbehalf ofafirmwith more than IS employees,the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeand he/she Is not requiredtomakean independent investigationastotherelationshipofemployees;ifthefirmisapubliclytradedcompany, the statement inthissectionshallbebasedsolelyonthesignatory'spersonal knowledge andhe/sheisnotrequiredto make an independent investigation as to the relationship of employees orof those who haveafinancial interest in the Firmor of the financial interest intheFirmofcity employees,appointedofficialsorthe immediate family members ofelectedand/or appointed officialor employee orasto the relationshipbybloodormarriageof employees,officers,ordirectorsoftheFirm, orofanyoftheir immediate familytoanyappointedorelectedofficialsoftheCity,orto their immediate family members. b.When permitted.A full-time cityemployee may accept incidental or occasional outside employment so long as such employment isnot contrary,detrimental or adverse tothe interest ofthe cityoranyofits departments and theapprovalrequiredinsubparagraphc.isobtained. c.Approval of department head required.Any outside employment by any full-time city employee mustfirstbe approved in writing bythe employee's departmentheadwho shall maintain acompleterecordofsuch employment. d.Penalty.Any person convicted of violating any provision ofthis subsection shall be punished as provided in section I-I I oftheCodeof Miami-Dade County and,in addition shall be subject to dismissal bythe appointing authority.The city may also assess against a violator a fine notto exceed $500.00 andthecostsof investigation incurredbythecity. (2)All full-time city employees engaged inany outside employment for any person,firm,corporation orentity otherthanthe city,or any ofits agencies or instrumentalities,shall file,under oath,an annual report indicating the sourceoftheoutside employment,thenatureofthework being doneandanyamountof money orother considerationreceivedbytheemployeefromtheoutside employment.Cityemployeereportsshallbe filed with thecityclerk.Thereports shall be available ata reasonable timeand place for inspection bythe public.Thecity managermayrequiremonthly reports from individual employees or groupsofemployeesforgood cause.. (k)Prohibited Investments. Noperson included intheterms defined in paragraphs (b)(1)through(6)oramemberofthe immediate family shall have personal investments inanyenterprise which will createa substantial conflict between private interests and the public interest (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall appearbeforeanycityboardor agency andmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall thepersonreceiveanycompensationor gift,directlyor indirectly,forservicesrenderedtoathirdperson,who has applied fororisseekingsomebenefitfromthecityoracity agency,inconnectionwiththe particular benefit soughtbythethird person.Nor shall the person appearinany court orbeforeanyadministrativetribunalas counselor legal advisortoapartywhoseeks legal relieffromthecityoracity agency throughthesuitinquestion. (2)Noperson included intheterms defined in paragraphs (b)(2),(3)and(4)shallappearbeforethecity commissionoragencyonwhichthe person serves,eitherdirectly or throughanassociate,andmakea presentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rateschedule,franchise,or other benefitsoughtbythethirdperson.Nor shall suchpersonreceiveany compensationor gift,directlyor indirectly,forservicesrenderedtoathirdpartywhohasappliedfororisseeking somebenefitfromthecity commission or agency on which thepersonservesinconnectionwiththe particular benefitsoughtbythethirdparty.Norshallthepersonappearinanycourtorbeforeany administrative tribunalas counselor legal advisortoathirdpartywhoseeks legal relief fromthecity commission or agency on which such person serves through the suit in question. (m)Actions prohibited when financial interests involved. Nopersonincludedinthe terms definedinparagraphs(b)(I)through(6)shallparticipateinany official action directlyor indirectly affecting a business in which thatpersonoranymemberofthe immediate family hasa financial interest.A financial interestis defined inthissubsectionto include,butnotbe limited to,anydirector indirect interest inanyinvestment,equity,or debt. (n)Acquiringfinancial interests. Noperson included intheterms defined in paragraphs (b)(I)through(6)shall acquirea financial interestina project,businessentity or property atatimewhenthepersonbelievesorhasreasontobelieve that the financial interestmaybedirectlyaffectedby official actionsorby official actionsbythecityorcity agency ofwhichthe person isan official,officer or employee. (0)Recommending professional services. Note #I:While theethics code stillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofa firm with more than 15 employees,the statement in this sectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheisnot requiredto make an independent investigationastotherelationshipofemployees;if the firmisapubliclytradedcompany, the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge andhe/sheisnot required to make an independent investigation as to the relationship of employees or of those who haveafinancial interest in the Firmor of the financial interestintheFirmofcityemployees,appointed officials orthe immediate family members ofelectedand/or appointed officialor employee orastotherelationshipbybloodormarriageof employees,officers,or directors oftheFirm, orofanyoftheir immediate familytoanyappointedorelectedofficialsoftheCity,ortotheir immediate family members. Noperson included intheterms defined in paragraphs (b)(1)through(4)may recommend the services ofany lawyer orlaw firm,architector architectural firm,public relations firm,oranyotherpersonor firm,professional or otherwise,toassistinanytransaction involving thecityoranyofits agencies,providedthatarecommendation may properly bemadewhenrequiredtobemadebythedutiesof office andin advance ata public meeting attendedbyothercity officials,officers or employees. (p)Continuing application after city service. (1)No person included inthe terms defined in paragraphs (b)(1),(5)and (6)shall,fora period oftwo years after his orher city service or employment has ceased,lobby any cityofficial [as defined In paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,requestfor ruling orother determination,contract,daim,controversy,charge,accusation,arrestorother particular subject matterinwhichthecityoroneofits agencies isapartyorhasanyinterestwhatever,whetherdirectorindirect Nothing contained inthissubsection shall prohibit any individual from submitting a routine administrative request or application toacity department oragencyduringthe two-year periodafterhisorherservicehasceased. (2)The provisions ofthe subsection shall not apply to persons who become employed bygovernmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,and who lobby on behalf ofthose entitles in their official capacities. (3)The provisions of this subsection shall apply to all persons described in paragraph (p)(l)whose city service or employment ceasedafter the effectivedateoftheordinancefromwhichthissectionderives. (4)No person described in paragraph (p)(l)whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period oftwo 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)(l)in which the city oroneof Its agencies isa party or has any directand substantial interest;andin which heorshe participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment A person participated "directly" where he or she was substantially involved in the particular subject matter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,or otherwise,during his orher 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 orher city service or employment.All persons covered by this paragraph shall execute an affidavit ona form approved by the city attorney prior to lobbying any city official attesting thatthe requirements ofthis subsection donot preclude the person from lobbying city officials. (5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p). (q)Cityattorneyto 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 tothe proper interpretation or application ofthis conflict of interest and code of ethics ordinance,or whenever any person who renders services tothe city is in doubt as tothe applicability ofthe ordinance that person,may submit tothe city attorney a full written statement ofthe facts and questions.The city attorney shall then render an opinion to such person and shall publish these opinions without use ofthe name ofthe person advised unlessthepersonpermitstheuseofaname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-I and 8A-2 in their entirety and replaced them with new§§ 8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration ofpolicy and definitions,respectively,and derived fromOrd.No.634,§§I (I A-1),I (I A-2)adopted Jan ...II,1969. Note#I:Whiletheethicscodestillapplies,Ifthe person executing this form is doing soonbehalfofa firm withmorethan 15 employees,thestatementinthissectionshall be based solely onthe signatory's personal knowledge and he/she isnot required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatementinthis section shall be based solely onthe signatory's personal knowledge andhe/sheisnot required tomake anindependentinvestigationastotherelationshipofemployeesorofthosewhohavea financial interestIntheFirmorof the financial interestinthe Firm ofcity employees,appointed officials orthe immediate family membersof elected and/or appointed official oremployeeorastothe relationship by blood or marriage of employees,officers,or directors ofthe Firm, orofanyoftheir immediate family toanyappointed orelectedofficials ofthe City,ortotheir immediate family members. ADDENDUM No.#1 Project Name:InstallBow-on Certified PlaygroundMulch/TurfatVarious Parks ITQ NO.PR20I4-04 Date:April 10,2014 Sent:Fax/E-mail/webpage Thisaddendum submission isissuedto clarify,supplemenrand/or modify the previously issued Request for Qualifications (RFQ)Documents,andisherebymadepartofthe Documents.All requirementsof theDocumentsnotmodifiedhereinshallremainin full forceandeffectas originally setforth.Itshall bethesole responsibility ofthebiddertosecure Addendums thatmaybeissuedfora specific solicitation. Question #1: Thescopeofservicesrequires the blow-on playground mulchbe IPEMA Certified ASTM F1292-04.Isthiscertificationfortheblow-on mulch required? Answer to Question #1: No.Certifiedblow-onmulchmustmeetthelateststandards including ADACertified ASTM FI95I.Playground Mulch mustmeet HIC (headimpactcriteria)and application depthofat least 12"tobe fully effectiveinitssafenessandwheelchairaccessible. Question #2; Is theapplicationdepthofthemulch,12",aftercompaction? Answer to Question #2: Yes.Theapplicationdepthof 12"isaftercompaction. Page1 of2 •1/ Question #3: Is theestimated quantity of mulch required,150 CY,perparkfor all fourparks listed inthe ITQ? Answer to Question #3: No.Theestimated quantity of mulch requiredisa total of all fourparks listed inthe ITQ. Question #4: Canthe blow-on mulch be applied ontopofthe existing mulch at each playground site? Answer to Question #4: Yes,The blow-on mulch can be applied ontopofthe existing mulch at each playground site. Question #5: Doesthe City require any particular colorof mulch tobe applied at each playground site? Answer to Question #S. TheCityexpectstheblow-on mulch provided tobeeitherredorareddishbrownincolor but will determine the specific color with the awarded contractor prior to application. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2 /^gttfsif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/1572014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATEDOESNOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE OOESNOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER'S),AUTHORIZED REPRESENTATIVE ORPRODUCER,ANDTHECERTIFICATEHOLDER. IMPORTANT:If the cortlflcato holderIsan ADDITIONAL INSURED,the polleyfles)mustbeendorsed.If SUBROGATION ISWAIVED,subjectto the terms and conditions ofthe policy,certain potlcias mayrequirean endorsement A statement on this cortincato does not confer rightsto the certificate holder In llau of such endorsements}. PRODUCER EMMANUEL INSURANCES ASSOCINC 2370 E8th Ave Hialeah.FL 33013 naKe^'Sarai Medina B2E,exo:(305)693-0003 1KB.no):(305)691-4381 Ai5D^ss:ioe'@^^anuelinsurance.com INSURER(S)AFFORDINGCOVERAGE NAIC0 tNsuRERA TRAVELERSINDEMNITYCO.12497 insured PONTIFEX CONSTRUCTION GROUP,I 8720 SW83rd Street Miami,FL 33173 3052189425 .nsurerb:PREFERREDCONTRACTORS INSCOMP 10193 .nsurer c:BRIDGEFIELD EMPLOYER INSURANCE 10701 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDING ANYREQUIREMENT,TERMOR CONDITION OFANYCONTRACTOROTHER DOCUMENT WITHRESPECTTOWHICHTHIS CERTIFICATE MAYBE ISSUED ORMAY PERTAIN.THE INSURANCE AFFORDED BYTHE POUCIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS. EXCLUSIONSANDCONDITIONSOFSUCH POLICIES LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY |CLAIMS-MAOE _X]< GEN1 AGGREGATE LIMIT APPLIES PER: ixiff&ri_c AUTOMOBILE LIABILITY ANYAUTO ALLOWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULEO AUTOS NON-OWNEO AUTOS OCCUR CLAIMS-MAOE IRETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) Ifyes.dascribe under DESCRIPTION OF OPERATIONS balow fSSoT _m 5D5RT V5ML POLICY NUMBER PC2505123-00 BA-1A96265A-12 0830-48121-0 JSBBm (MWDDTYVYY) 6/2/2013 8/2/2014 2/14/2014 2/14/2015 5/17/20135/17/2014 LIMITS EACH occtJRRENCE PREMISES (Ea occurrence) MED EXP(Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -CGMP/OPAGG CoMBlNEO 5INSLE LIMIT (Eaaccident) BODILYINJURY(Perperson) BODILYINJURY(Paraccident) TSrBpIRTY DAMAGE{peraccidoiU) EACH OCCURRENCE xHBfflfflfcl l°gF EL.EACH ACCIDENT E.L-DISEASE -EA EMPLOYEE EL DISEASE -POLICY LIMIT S1,000,000.00 $150,00000- -^000^0- »1,000,000.00 fZooaQonno 52,000,00000-. jJJ_aQ,QJQQ__IL M.000.000,00 11000.00Q.OCL •lQ0i0.0Q0.Q0-. DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES "(AtlachACORD tOI.Add^ral'RerrwfteSdwdule.if morospaceis required) Certificate Holder included as additional insured on General Liability Waiver of Subrogation on Workers Comp.&General Liability. Auto Liability are primary and non-contributory in favor of additional insured. Additional Insured;City of South Miami CERTIFICATE HOLDER CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 AC0RD25 (2010/05) CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF.NOTICEWILLBEDELIVEREDIN ACCORDANCE WITHTHE POLICY PROVISIONS. '> AUTHORIZED REPRESENTATIVERESENTATIVE /_-- ©1988-2010 ACORDCORPORATION.AII rightsreserved. TheACORDnameandlogoareregisteredmarksofACORD CONTRACT THIS CONTRACTwasmadeandenteredintoonthis dayof_ 20,byandbetween Pontifex Construction Group.Inc..hereafterreferredtoas "Contractor",andthe CityofSouth Miami,hereafterreferredtoas "Owner",through itsCity Manager,hereafterreferredtoas "City". WITNESETH: That,the Contractor,fortheconsiderationhereinafter fully setout,herebyagreeswiththe Owner as follows: 1.The Contractor shallprovidetheScopeof Services (acopyofwhichhasbeenmarkedas Exhibit A attachedheretoandmadeaparthereofbyreference)(hereinafterreferredtoasthe Work orScopeof Services)assetforthin the solicitation(thefirstpageofthesolicitationhasbeenmarkedas Exhibit B attached hereto andmadeapart hereof byreference). 2.The Contractor shall furnish alllabor,materials,equipment,machinery,tools,apparatus,transportation andany other itemsnecessarytoperformallof the work shownonanddescribedin the Contract Documents andshalldoeverything required bythis Contract and the other Contract Documents. 3.TheContractDocuments shall include this Contract,General Conditions tothe Contract,if any,the drawings,plans,specifications,project manual,ifany,anysupplementary or specialconditions,other documentsreferringtothis contract and signed bytheparties,thesolicitationdocuments("hereinafter referredtoas "Bid Documents")andanydocumentstowhichthesedocumentsreferwhichareusedby the Owner aswellasany attachments or exhibitsthataremadeapartofanyofthe documents described herein. 4.The Contractor shallcommencethe Work tobeperformedunderthis Contract onadatetobe specified inaNoticetoProceedwhichmaybeanemailfromtheCityManagerto Contractor,andshallcomplete all Work hereunder within the lengthoftime set forthinthe Contract Documents. 5.The Owner hereby agrees to pay to the Contractor for the faithful performance ofthis Contract as set forthin the price sheet that hasbeenmarkedas Exhibit Cattached hereto andmadea part hereof by reference,subject to additionsand deductions asmaybeprovidedforin the Contract Documents and any properly approved written change orders.The expenses of performing the Work after regular working hours,andonSundayand legal holidaysshallbeincludedin the aboveprice.The Contractor agrees to work duringsuch hours andonsuchdaysasmaybe required by the City.However,nothing contained hereinshall authorize work ondaysandduring hours that are otherwise prohibited by ordinance unlessspecifically authorized inwritingby the City. 6.If the Work isfor the construction ofa structure or a facility,the Owner shallmakemonthlypartial payments to the Contractor on the basisofaduiycertifiedand approved schedule ofvaluesfor the Work performed during each calendar month by the Contractor,less the retainage (allas provided forin the Contract Documents),whichistobewithheldby the Owner until completion and acceptance of the complete project in accordance withthis Contract and the other Contract Documents anduntilsuch Work hasbeen accepted by the City. 7.Uponsubmissionbythe Contractor ofevidencesatisfactorytothe Owner that alllabor,material,and other costsincurredby the Contractor inconnectionwiththe Work havebeenpaidin full,andafter compliancewith the terms forpaymentprovidedforinthe Contract Documents,final paymenton account ofthis Contract shallbemadewithinsixty(60)calendardaysafter the completion by the Contractor ofall Work covered bythis Contract andthe acceptance ofsuch Work by the Owner. 8.Inthe event that the Contractor shall fail to complete the Work within the timelimit stipulated in the Contract Documents,or the extended timelimitagreedupon,in accordance withthe procedure as more particularly set forthinthe Contract Documents,liquidateddamagesshallbepaidat the rate of$100.00 dollars per day,plusany monies paidby the City due to such delay. 9.IfaBondis required bythebidsolicitation,itis further mutuallyagreed between theparties hereto that if,atanytimeaftertheexecutionofthis Contract andthePaymentandPerformanceBondforits faithful performanceandpayment,theOwner shall deemtheSuretyorSuretiesuponsuchbond(s)tobe unsatisfactory,or if,foranyreasonsuchbondceasestobeadequatetocovertheperformanceofthe Work or paymentto subcontractors andsuppliers,the Contractor shall,atitsexpensewithin five (5) businessdaysafterthereceiptofnoticefromthe Owner sotodo,furnishanadditionalbondorbondsin TP 3/3/14 suchformand amount andwithsuch Surety orSuretiesasshallbesatisfactory to the Owner.Insuch event,no further payment to the Contractor shallbe deemed to bedue under this Contract untilsuch new oradditional security for the faithful performance of the Work isfurnishedin the manner andin the form satisfactory to the Owner. 10.Noadditional Work orextrasshallbedoneunless the sameisduly authorized inadvance of the work by appropriate actionby the Owner andinaccordance with the Contract Documents. IN WITNESS WHEREOF,the parties hereto have executed this Contract on the dayanddatefirst above written, infive(5)counterparts,each of which shall,without prooforaccountingfor the other counterpart bedeemedan original Contract. WITNESSES:CONTRACTOR: Signature: Name: (printname of Witness)Title: (printname of Witness) AUTHENTICATION:OWNER:CITY OF SOUTH MIAMI Signature:Signature^ Maria Menendez Steven Alexander CityClerk City Manager Readand Approved astoForm,Language, Legalityand Execution thereof: Signature: City Attorney TP 3/3/14 Exhibit A ITQ#PR20l4-04 Scope of Services Install Blow-on Certified Playground Mulch/Turf at Various City Parks Cityof South Miamiis seeking quotations from experienced and capable parties toinstall Blow- on Certified Playground Turf-Chipped (mulch).CertifiedMulch must meet the latest standards Including ADA Certified ASTM F1951.Playground Mulch must be wheelchair accessible and IPEMA Certified ASTM F1292-04.PlaygroundMulch must meet HIC (head impact criteria)and application depth of at least 12"to befully effective inits safeness and wheelchair accessible. Bidswillbe accepted for Blow-on MulchOnlyandfor work to be completed duringRegular Working Hours,7 AM to 5PM,Monday -Friday. Approximately 150cubic yards ofmulchis required,per park,at allfour(4)parks listedbelow. Quantities are estimated and are not afirm commitment,but should be used forplanning purposes only: PARK LOCATION ESTIMATED QTY.OF BLOW-ON MULCH Brewer Park:6300 SW 56 Street 40 CY Dante Fascell Park:8700 RedRoad(57 Avenue)50 CY Murray Park:5800 SW 66 Street 40 CY Palmer Park:6100 SW67 Avenue 20 CY LUMP SUM TOTAL 150 CY Contractor shallfurnishall materials and equipment necessaryto secure completion of the work,including disposing of materials and equipment necessary to secure completion of the work and should be reflected in Contractor's LumpSum quote. MANDATORY Pre-Quote Meeting is scheduled April9,2014 at 10 AM at the Gibson-Bethel Community Center,5800 SW 66 Street,South Miami,FL 33143. Note:Bidswill only be accepted that included quotations for work performed duringregular working hours,7 AM to 5PM,Monday-Friday. The City reserves the righttoaward the Projecttothepersonwith the lowest,mostresponsive, responsible Proposal,as determined by the City,subject to the rightof the City,or the City Commission,to reject anyandall proposals,and the rightof the Citytowaiveany irregularity in the Proposalsor RFP procedure andsubjectalsoto the rightof the City toawardthe Project, and execute a contract withaRespondentorRespondents,other thantoonewhoprovidedthe lowest Proposal Price. Exhibit B ITQ #PR2014-04 CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ#PR2014-Q4 LUMP SUM PROPOSAL South Miami 'HI? SUBMITTEDTO:CityClerk PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: E-MAIL: DUE DATE: Install Blow-on Certified Playground Mulch/Turf atVariousCityParks 5800 SW 66 Street SouthMiami,Fl 33143 NAME: ADDRESS: CITY/STATE: PHONE: MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after10AMontheduedatewillnotbeacceptedunless otherwise specifiedin the quote document ofa time change.All quotes willbe submitted to the CityClerksOfficeinasealed envelope.Thelabelon the onthe envelope needs toreadasfollows: City of South Miami MariaM.Menendez,CMC 6130 Sunset Drive South Miami,Fl.33143 ProjectName:InstallBlow-onCertified Playground/Mulch TurfatVariousCityParks Mustinputprojectname.Iflabeldoesnothaveallinformationaboveyour quote willnotbeaccepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements areattached(Exhibit1).Asaconditionof award,theawardedvendor must providea certificate of insurance naming the cityas additional insured. Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-6339 Wednesday,April 9,2014 at;10 AM Monday,March 31,2014SK^agiSjw skulick@southmiamifl.ROv. ^^ednffiaV^ AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 2) Respondents must complete and submit withyour quote affidavitsprovidedinExhibit2. QUESTIONS: AnyRequestsforadditionalinformationor questions mustbeinwriting,emailedby10AMlocal time onApril 14,2014 to the attention of Mr.Steven Kulick,PurchasingManagerat skulick@southmiamlfl.gov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BYCITY): [REFER TO "SCOPE OF SERVICES,"COPYATTACHED Bidswillonlybeaccepted that Include quotations duringregularworkinghours. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Est.Qty Amount (1)Refer to "Scooe of Services."forPark Locations.Codv Attached i Note:Blow-on Mulch Only 1 Brewer Park 40 CY 2 Dante Fascell Park 50 CY 3 Murray Park 40 CY 4 Palmer Park 20 CY (1)During Regular Working Hours,7AMto5 PM,Monday-Friday LUMP SUM TOTAL Contractor shall furnish allmaterialsand equipment necessarytosecurecompletionofthework.Contractorshallbe compensated according tothequotesubmitted.Contractor is responsible tosecureallpermitsandshouldbereflected intheLumpSumquote.Contractor maychoosetosubmitaquoteoncompanyletterheadbutmustbeattachedto this form. Mandatory Pre-Quote Meeting is scheduled April 9,2014at10AMatthe Gibson Community Center,5800 SW66 Street, South Miami,FL 33143.Deadline tosubmitis:April 16,2014 at10AM. Print/Type Name: Signature: E-mail: Firm Name: Address: Phone: Date:_ZZZ_ZZ_Z____ZZZZZ_ZZ Fax: F.E.I.N.No.:/-////// City:State: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL.FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE.THE QTY MAY,HOWEVER,IN ITS SOLE DISCRETION,ACCEPT ANY PROPOSAL THAT INCLUDES ANEXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER.THE CITY'S REQUEST FOR QUOTES ISFOR THE LOWEST AND MOST RESPONSIVE PRICE.THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TOTHEFIRM CONSIDERED THEBESTTOSERVETHECITY'S INTEREST. ADDENDUM No.#1 Project Name:Install Bow-on Certified Playground Mulch/Turf at Various Parks ITQ NO.PR20I4-04 Date:April 10,2014 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 partofthe Documents.All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth.It shall bethesole responsibility ofthe bidder to secure Addendums that may be issued fora specific solicitation. Question #1: Thescopeofservicesrequiresthe blow-on playground mulch be IPEMA Certified ASTM F1292-04.Is thiscertificationfortheblow-on mulch required? Answer to Question #1: No.Certifiedblow-on mulch mustmeetthelateststandards including ADACertified ASTM FI95I.Playground Mulch mustmeet HIC (head impact criteria)and application depthofat least 12"to be fully effectiveinitssafenessand wheelchair accessible. Question #2: Is the applicationdepthof the mulch,12",aftercompaction? Answer to Question #2: Yes.The application depthof 12"isafter compaction. Page1 of2 Question #3: Is theestimatedquantityof mulch required,150 CY,perparkforallfourparkslistedinthe ITQ? Answer to Question #3: No.Theestimatedquantityof mulch requiredisa total of all fourparks listed inthe ITQ. Question #4: Canthe blow-on mulch be applied ontopofthe existing mulch ateach playground site? Answer to Question #4: Yes.The blow-on mulch canbe applied ontopofthe existing mulch at each playground site. Question #5: DoestheCityrequireany particular colorof mulch tobe applied ateach playground site? Answer to Question #5: TheCity expects the blow-onmulchprovidedtobe either red or areddishbrownin color but will determine the specific color with the awarded contractorpriorto application. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page2 of2 Exhibit C ITQ#PR20l4-04 CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ#PR2014-04 LUMP SUM PROPOSAL South Miami la MM SUBMITTEDTO:CityClerk NAME: ADDRESS: CITY/STATE: PHONE: MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-6339 Wednesday,April 9,2014 at10AM PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: E-MAIL: DUE DATE: Install Blow-on Certified Playground Mulch/Turf at Various CityParks 5800 SW 66 Street South Miami,Fl 33143 Monday,March 31,2014 skullck#southmiamifl.gov. Wednesday,April 16,2014 at10AM Quotes submitted after10AMon the due datewill not be accepted unless otherwise specified in the quote document ofa time change.All quotes willbe submitted to the CityClerksOfficeina sealed envelope.Thelabelon the on the envelope needs toreadas follows: City of South Miami MariaM.Menendez,CMC 6130 Sunset Drive South Miami,Fl.33143 Project Name:Install Blow-on Certified Playground/Mulch TurfatVariousCityParks Must input project name.Iflabeldoes not haveall information aboveyour quote will not be accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements areattached(Exhibit1).Asaconditionof award,theawardedvendormustprovidea certificate of insurance naming the cityasadditionalinsured. AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 21 Respondents must complete and submit withyour quote affidavitsprovidedInExhibit2. QUESTIONS: Any Requests foradditionalinformationor questions must beinwriting,emailedby10AMlocaltimeonApril 14,2014 to the attention ofMr.Steven Kulick,PurchasingManagerat skulick@southmiamifl.gov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): |REFER TO "SCOPE OF SERVICES,"COPY ATTACHED ^Bids willonlybe accepted that include quotations during regular working hours. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Est.Qty Amount (1)Refer to "Scope of Services."for Park Locations.Coov Attached $9,600.00 Note:Blow-on MulchOnly 1 Brewer Park 40 CY 2 Dante Fascell Park 50 CY 3 Murray Park 40 CY 4 Palmer Park 20 CY (1)DuringRegular Working Hours,7AMto 5 PM,Monday -Friday LUMP SUM TOTAL $9,600.00 ....—_,—.„..—...v.....w..w.....—»_••.—.-mum wt|m^inwi iv iHjwgjjBi y iv»jt,-ui _-—'Ui|JI—II—'II Ul 4.11 —WVUIIV.—-—'lilt—-IVSI 3IIUII UC compensated according tothequotesubmitted.Contractor is responsible tosecureallpermitsandshouldbereflected IA +h A I UPlAn ClIMt M..A+A f^AMfr^AAl.....___«.___._.__v__..1.?J._A._-»-^a.I -U.I I..i •.«_•_-I »... ^.w...r~..„_.__•__ww._.„.b «._•»..-hw/h..».-•»••.n.--*.-_-iu.t-i.mi ia 1C3HV/U3IUIC iu acuuic an pcmui*dtiu snuuiu ue i-n.tieu intheLumpSumquote.Contractor maychoosetosubmitaquoteoncompany letterhead butmustbeattachedtothisform. M«n«iatnMI &Hi.n>io»A R/laaflnn »..L^JnUJ Jt_._:ifl <««\«A __t r%A _____•#»?l #»».^».••..__.<..»•___.Mandatory Pre-Quote Meeting is scheduled April 9,2014 at10AMatthe Gibson Community Center,5800 SW66 Street, SouthMiami,FL 33143.Deadlineto submit is:April 16,2014at10AM. Phone: Date: Fax: 305-218-9425 o*-t-iS-*}&/*+ 305-675-0792 Print/Type Name: Signature: E-mail: Firm Name: Address: LRodriguez@PontifexGroup.com Pontifex Construction Group Inc. 8720 SW 83rd Street F.E.I.N.No.:2/6-2/2/1/9/3/8/0 City:Miami State:FL 33173 THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE.THE CITY MAY,HOWEVER,IN ITS SOLE DISCRETION,ACCEPT ANY PROPOSAL THAT INCLUDES ANEXECUTED DOCUMENT WHICH UNEQUIVOCAILY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER.THE CITY'S REQUEST FOR QUOTES ISFOR THE LOWEST AND MOST RESPONSIVE PRICE.THE CITY RESERVES THE RIGHT TO AWARD THEPROJECT TOTHEFIRM CONSIDERED THEBESTTOSERVETHECITY'S INTEREST. Note:The Awarded Contractor Must Execute the Contract Between the Contractor and the City for this Project CONTRACT THIS CONTRACT was made andenteredintoonthis day of. 20->bv -"d between hereafterreferredto as "Contractor",andtheCityof South Miami,hereafter referred %o as "Owner",through its City Manager, hereafter referred toas"City". WITNESETH: That,the Contractor,forthe consideration hereinafter fully setout,hereby agrees with theOwneras follows: 1.TheContractor shall provide the Scope of Services (acopyof which has been marked as Exhibit A attached heretoand made apart hereof by reference)(hereinafter referred toastheWorkor Scope of Services)assetforthinthe solicitation (thefirstpageofthe solicitation hasbeen marked as Exhibit B attached hereto andmadeaparthereofbyreference). 2.The Contractor shall furnish all labor,materials,equipment,machinery,tools,apparatus,transportation andany other Itemsnecessarytoperformalloftheworkshownonanddescribedinthe Contract DocumentsandshalldoeverythingrequiredbythisContractandtheotherContractDocuments. 3.TheContract Documents shall include this Contract,General Conditions tothe Contract,if any,the drawings,plans,specifications,project manual,if any,any supplementary or special conditions,other documents referring tothiscontract and signed by the parties,the solicitation documents ("hereinafter referredtoas "Bid Documents")and any documents to which these documents refer which are used by theOwneras well as any attachments or exhibits thatare made apartof any ofthe documents described herein. 4.The Contractor shall commence theWorktobe performed under this Contract onadatetobe specified inaNoticetoProceed which may bean email fromtheCity Manager toContractor,and shall complete all Work hereunder withinthelengthoftimesetforth In the Contract Documents. 5.TheOwnerherebyagreestopaytotheContractor for the faithful performance ofthis Contraa asset forthinthepricesheetthathasbeen marked as ExhibitC attached heretoand made aparthereofby reference,subjectto additions and deductions as may be provided forintheContract Documents and anyproperly approved written change orders.The expenses of performing theWorkafter regular workinghours,andon Sunday and legal holidays shall be included intheabove price.TheContractor agreestoworkduringsuchhoursandonsuchdaysasmayberequiredbytheCity.However,nothing containedherein shall authorizeworkon days and during hoursthatareotherwise prohibited by ordinanceunless specifically authorizedinwritingbytheCity. 6.IftheWorkisforthe construction ofastructureora facility,theOwner shall make monthly partial paymentstothe Contractor onthe basis ofadulycertifiedandapprovedscheduleofvaluesforthe Work performed during each calendar monthbytheContractor,lessthe retainage (all as provided forinthe Contract Documents),which istobe withheld bytheOwner until completion and acceptance ofthe complete project in accordance withthis Contract and the other Contract Documents anduntilsuch Work hasbeenacceptedbytheCity. 7.Uponsubmissionbythe Contractor ofevidence satisfactory totheOwnerthatalllabor,material,and other costsincurredbytheContractorinconnectionwiththeWorkhavebeenpaidin full,andafter compliancewiththetermsforpaymentprovidedforinthe Contract Documents,final paymenton accountofthisContract shall be made within sixty (60)calendar days afterthe completion bythe Contractor ofall Work coveredbythisContractandtheacceptanceofsuchWorkbytheOwner. 8.In theeventthatthe Contractor shall fail tocompletethe Work withinthetimelimitstipulatedinthe Contract Documents,ortheextendedtimelimitagreedupon,inaccordancewiththeprocedureasmore particularly set forthin the Contract Documents,liquidateddamagesshallbepaidattherateof$100.00 dollars per day,plusanymoniespaidbytheCityduetosuch delay. 9.Ifa Bond isrequiredbythebid solicitation,itisfurther mutually agreedbetweenthepartiesheretothat if,atanytimeaftertheexecutionofthisContractandthePaymentand Performance Bondforits faithful TP 3/3/14 performance and payment,theOwner shall deemtheSuretyorSuretiesuponsuch bond(s)tobe unsatisfactory,orif,foranyreasonsuchbondceasestobeadequatetocovertheperformanceofthe Work orpaymentto subcontractors and suppliers,theContractor shall,atitsexpensewithin five (5) businessdaysafter the receipt of noticefromthe Owner sotodo,furnishanadditionalbondorbondsin suchformandamountandwithsuchSuretyorSuretiesas shall besatisfactorytotheOwner.Insuch event,no further payment to the Contractor shallbe deemed tobedueunderthis Contract untilsuch new oradditionalsecurityfor the faithful performance of the Work isfurnishedinthemannerandin the formsatisfactory to the Owner. 10.No additional Work orextras shall bedone unless thesameis duly authorized in advance oftheworkby appropriate actionby the Owner andinaccordance with the Contract Documents. IN WITNESS WHEREOF,the parties hereto have executedthisContractonthe day anddatefirstabovewritten, in five (5)counterparts,eachofwhich shall,withoutproofor accounting fortheother counterpart bedeemedan original Contract. WITNESSES:CONTRACTOR: Signature: Name: (printname of Witness)Title: (printname of Witness) AUTHENTICATION:OWNER:CITY OF SOUTH MIAMI Signature:Signature:. Maria Menendez Steven Alexander CityClerk 'City Manager ReadandApprovedastoForm,Language, LegalityandExecution thereof: Signature: City Attorney TP 3/3/14 Scope of Services Install Blow-on Certified Playground Mulch/Turf at Various CityParks Cityof South Miami Is seeking quotations from experienced and capable parties toinstall Blow- onCertifiedPlaygroundTurf-Chipped(mulch).CertifiedMulchmust meet the latest standards including ADA Certified ASTM F1951.PlaygroundMulchmustbe wheelchair accessibleand IPEMA Certified ASTM F1292-04.PlaygroundMulchmust meet HIC (head impact criteria)and application depth ofat least 12"to befullyeffectiveinits safeness and wheelchair accessible. BidswillbeacceptedforBlow-onMulchOnlyandforworktobe completed during Regular Working Hours,7AM to 5 PM,.Monday -Friday. Approximately150cubicyardsofmulchisrequired,perpark,atallfour(4)parkslistedbelow. Quantitiesare estimated andarenotafirmcommitment,butshouldbeusedforplanning purposes only: PARKLOCATION ESTIMATED QTY.OF BLOW-ON MULCH Brewer Park:6300 SW 56 Street 40 CY DanteFascellPark:8700RedRoad(57Avenue)50 CY Murray Park:5800 SW66 Street •40 CY PalmerPark:6100SW67Avenue 20 CY LUMP SUM TOTAL ^150 CY Contractorshallfurnishallmaterialsand equipment-necessarytosecurecompletionofthe work,including disposingofmaterialsandequipmentnecessarytosecurecompletionofthe workandshouldbe reflected in Contractor's Lump Sum quote. MANDATORY Pre-Quote Meeting is scheduled April 9,2014 at10AMat the Gibson-Bethel Community Center,5800 SW 66 Street,South Miami,FL 33143. Note:Bidswill onlybeaccepted that included quotations forwork performed duringregular working hours,7AM to 5PM,Monday -Friday. The City reservestherighttoawardtheProjecttothepersonwiththelowest,mostresponsive, responsible Proposal,as determined bythe City,subjecttotherightof the City,or the City Commission,to reject anyandall proposals,andtherightof the Citytowaiveany irregularity in the Proposalsor RFP procedureandsubjectalsototherightofthe City toawardthe Project, and execute a contract withaRespondentorRespondents,other thantoonewhoprovidedthe lowest Proposal Price. V)) Exhibit I INSURANCE AND INDEMNIFICATION I.I Insurance - A.Without limiting its liability,the vendor,contractor,consultant or consulting firm (hereinafterreferredtoas "FIRM"withregardto Insurance and Indemnification requirements)shall be required toprocureand maintain atitsownexpense during the life oftheContract,insurance ofthetypesandinthe minimum amountsstated belowas will protect the FIRM,from claims*which may ariseoutof or resultfrom thecontractorthe performance ofthecontractwiththeCityofSouth Miami, whethersuch claim is against the FIRM orany sub-contractor,or by anyone directly or indirecdy employed byanyofthemorby anyone forwhoseactsanyofthem may be liable. B.No insurance requiredbythe CITY shall be issued orwrittenbya surplus lines carrier unless authorized inwritingby the CITYandsuch authorization shallbeat the CITY's soleandabsolute discretion.The FIRM shall purchase Insurance from and shall maintain the insurance witha company or companies lawfully authorizedto sellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as will protectthe FIRM,ata minimum,from all claims assetforthbelow which may arise out of or result fromthe FIRM's operations under the Contract andforwhich the FIRM may be legally liable,whether such operations bebythe FIRM orbya Subcontractor or by anyone directly or indirectly employed by any of them,orby anyoneforwhoseactsanyofthem may be liable:(a)claims under workers* compensation,disability benefitand other similar employee benefitactswhichare applicable totheWorktobe performed;(b)claims for damages because of bodily injury,occupational sickness or disease,ordeathofthe FIRM's employees;(c) claims fop damages because of bodily injury,sickness or disease,ordeathof any person other thanthe FIRM's employees;(d)claims for damages insuredby usual personalinjury liability coverage;(e)claims for damages,other thantothe Work itself,becauseof injury toordestructionof tangible property,including lossofuse resulting there from;(f)claims for damages becauseof bodily injury,deathofa personor property damage arising outofownership,maintenance or useofa motor vehicle;(g)claims for bodily injury or property damage arising outof completed operations;and(h)claims involving contractual liability insurance applicable tothe FIRM's obligations under the Contract. 2.1 Firm's InsuranceGenerally The FIRM shall provide andmaintaininforceandeffectuntilall the Work to be performed under thisContract has been completed and accepted by CITY (orfor such duration as is otherwise specified hereinafter),the insurance coverage written on Florida approved forms andas set forthbelow: A.Professional Liability Insurance ona Florida approvedformintheamount of$1,000,000 with deductible per claim if any,nottoexceed 5%ofthe Rev:10/29/13 Rev:10/29/13 limitof liability providing for all sums which the FIRM shall become legally obligatedtopayasdamagesforclaims arising out of theservicesor work performedbythe FIRM itsagents,representatives,Sub-Contractors or assigns,orbyanyperson employed orretainedbyhimin connection with thisContact.This insurance shall be maintained forfouryearsafter completionoftheconstructionand acceptance ofanyProjectcoveredby this Contact.However,the FIRM may purchase Specific Project Professional Liability Insurance,in the amount andunder the terms specifiedabove,whichisalsoacceptable. B.Workers'Compensation Insurance atthestatutoryamountasto all employeesin compliance withthe "Workers'Compensation Law"ofthe Stateof Florida including Chapter440,Florida Statutes,aspresently written or hereafter amended,and all applicable federal laws. C.CommercialComprehensive General Liability insurance withbroadform endorsement,aswellasautomobile liability,completedoperationsand products liability,contractual liability,severability of interest withcross liability provision,and personal injury andproperty damage liability with limitsof$1,000,000combinedsinglelimitper occurrence and$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000eachoccurrence; •Automobile Liability:$1,000,000 eachaccident/occurrence. •Umbrella:$1,000,000 perclaim D.Umbrella Comprehensive General Liability insurance shall be written ona Florida approved form withthe same coverage asthe primary insurance policybutin the amount of$1,000,000per claim and$2,000,000Annual Aggregate.Coverage must beaffordedonaformnomorerestrictivethan thelatest edition ofthe Comprehensive General Liability policy,without restrictive endorsements,as filed by the InsuranceServicesOffice,and must include: (1)Premisesand Operation (2)Independent Contractors' (3)Productsand/or Completed OperationsHazard (4)Explosion,Collapse and Underground Hazard Coverage (5)BroadFormPropertyDamage (6)Broad Form Contractual Coverage applicable tothis specific Contract,including anyholdharmlessand/orindemnification agreement. (7)Personal Injury CoveragewithEmployeeandContractual Exclusions removed,withminimumlimitsofcoverageequalto thoserequiredfor Bodily Injury Liability andProperty Damage Liability. E.Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)plusan additional Two Million Dollar ($2,000,000.00) umbrellaper occurrence combined singlelimitforBodilyInjury Liability and Property Damage Liability.Umbrella coverage must be afforded ona form no more restrictive than the latest edition of the Business Automobile Liability policy,without restrictive endorsements,as filed by with the state of Florida,and must include: (1)Owned Vehicles. (2)Hiredand Non-Owned Vehicles (3)Employers'Non-Ownership 3.1 SUBCONTRACTS: The FIRM agrees that ifanypartofthe Work under the Contract issublet,the subcontract shall contain the same insurance provision as set forthin section 5.1 above and5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM forCITY where applicable. 4.1 Fire and Extended Coverage Insurance (Builders'Risk).IF APPLICABLE: A.In the event that this contract involves the construction of a structure by the FIRM, the FIRM shall maintain,withan Insurance Companyor Insurance Companies acceptable totheCITY,"Broad"form/All RiskProperty Insurance on buildings and structures,while in the course of construction,includingfoundations,additions, attachments and all permanentfixtures belonging toandconstitutingapartofsaid buildingsor structures.The policyorpoliciesshallalso cover machinery,ifthe cost of machineryisincludedintheContract,orifthemachineryislocatedina building that isbeing renovated byreason of this contract The amount of insurance must, at all times,beatleast equal tothereplacementvalueoftheinsuredproperty.The policy shall beinthenameoftheCITYand the FIRM,astheir interest may appear, and shall also cover the interestsofallSubcontractorsperforming Work. B.All of the provisions set forthinSection5.4herein below shallapply to this coverage unlessit would beclearly not applicable. 5.1 Miscellaneous: A.Ifany notice ofcancellation of insuranceor.changeincoverageisissuedby the insurance company orshouldanyinsurancehaveanexpirationdate that willoccur during the period of thiscontract,the FIRM shall beresponsibleforsecuring other acceptableinsurancepriortosuchcancellation,change,orexpirationsoas to provide continuous coverage asspecifiedinthis section andsoas to maintain coverage during the lifeofthisContract.TheCITY shall havetheoption,butnot theduty,to payany unpaid premiumandtherighttoterminateor cancel thepolicy thereafter without noticeto FIRM or liability on the partof the CITY to the FIRM for such cancellation. B.Alldeductiblesmustbedeclaredbythe FIRM andmustbeapprovedbytheCITY.At the option of the CITY,either the FIRM shall eliminate or reduce such deductible or the FIRM shall procurea Bond,inaform satisfactory totheCITY covering thesame. Rev:10/29/13 The policies shall contain waiver of subrogation against CITYwhere applicable,shall expresslyprovidethatsuch policy or policies areprimaryoverany other collectible insurance thatCITYmayhave.TheCITYreservestherightatanytimetorequest acopyofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation forpremiumpaymentofthe CITY. Beforestartingthe Work,the FIRM shall deliver to the CITYand FIRM certificates ofsuchinsurance,acceptable to theCITY,aswellastheinsurancebinder,ifone Is issued,the insurance policy,including the declaration page and all applicable endorsementsandprovidethename,addressandtelephonenumberofthe insuranceagentor broker through whom the policywasobtained.Theinsurer shall berated A.VII or better perA.M.Best'sKey Rating Guide,latesteditionand authorizedtoissue insurance intheStateof Florida.All insurance policies mustbe writtenonformsapprovedbytheStateof Florida andtheymustremain in full forceandeffectfor the durationofthe contract periodwiththeCITY.The FIRM mustprovidea"certifiedcopy"of the Policy (asdefinedinArticle I of this document)which shall include the declaration page and all requiredendorsements. In addition,the FIRM shall deliver,atthetimeofdeliveryofthe insurance certificate,the followingendorsements: (1)an endorsement tothepolicy stating: "TheCityofSouth Miami isan additional named insured withtherightbut not the obligation topayany unpaid premiumand providing thatthecity doesnot have anydutyor obligation to provide first noticeof claim forany liability it incurs andthat arises outoftheacts,omissions oroperationsof thenamed insured.Theinsurer will pay all sumsthattheCityofSouth Miami becomes legally obligated to pay as damages because of 'bodily injury",'property damage',or "personal and advertising injury"andit will providetotheCity all of thecoveragethatis typically providedunderthe standard Florida approved forms for commercial general liability coverage Aandcoverage B"; (2)an endorsement that states: "This policy shall notbe cancelled (including cancellation fornon-paymentof premium),terminated or materially modified without first giving theCityof South Miami 20 days advanced writtennoticeoftheintentto materially modifythe policy orto cancel orterminatethe policy forany reason.The notification shall be delivered totheCityby certified mail,withproofof delivery to the City." 6.1 Indemnification The FIRM acceptsand voluntarily incurs all risks ofany injuries,damages,or harm whichmightarise during the work oreventthatis occurring ontheCITY'sproperty duetothe negligence orother fault ofthe FIRM oranyone acting through oron behalf of the FIRM. Rev:10/29/13 B.The FIRM agrees to indemnify,defend,saveandholdCITY,itsofficers,affiliates, employees,successors and assigns,harmlessfromanyandall damages,claims, liability,losses,claims,demands,suits,fines,judgments orcostandexpenses, including reasonable attorney'sfees incidental thereto,whichmaybesufferedby,or accrued against,chargedtoorrecoverablefrom the City of South Miami,itsofficers, affiliates,employees,successorsand assigns,byreasonofany causes ofactionsor claim ofanykindornature,including claims forinjuryto,ordeathofanypersonor personsandfor the lossordamage to any property arising out of anegligenterror, omission,misconduct,or anygrossnegligence,intentionalact or harmful conduct of the FIRM,its contractor/subcontractor or*anyoftheir officers,directors,agents, representatives,employees,or assigns,or anyoneactingthroughoronbehalfofany ofthem,which arises outoforis concerning theuseofCITYpropertyorthe service,operationorperformanceofany work thatisbeingperformedfortheCITY orofany event thatisoccurringontheCITY'sproperty. C.The FIRM shall pay all lossesandexpensesofanykindornaturewhatsoever,in connection therewith,including the expense orloss of the CITY and/or itsaffected officers,affiliates,employees,successors and assigns,including their attorney's fees, inthedefenseofanyactionin law orequitybrought against them. D.The FIRM agreesandrecognizesthatneithertheCITYnoritsofficers,affiliates, employees,successors and assigns shall beheld liable or responsible forany claims, including thecosts and expensesof defending such claims whichmayresult from or arise outof actions or omissions ofthe FIRM,its contractor/subcontractor oranyof their agents,representatives,employees,or assigns,or anyone acting through oron behalf ofthethem,and arising outofor concerning theworkoreventthatis occurring onthe CITY's property.In reviewing,approving or rejecting any submissions or acts ofthe FIRM,CITY in no way assumes or shares responsibility or liability for the acts or omissions ofthe FIRM,its contractor/subcontractor or any of their agents,representatives,employees,or assigns,or anyone acting through oron behalf of them. E.The FIRM has the duty to provide a defence with an attorney or law firm approved bytheCityofSouth Miami,which approval will notbe unreasonably withheld. Rev:10/29/13 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement Under Section 287.I33(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2.Neither the individual(s)/firm,nor any of his/her/its employees shall be permitted torepresentanyclientbeforethe Commfssion oranyCommittee,departmentor agency ofthe City,and shall agree notto undertake any other private representation which might createa conflict ofinterestwiththeCity.The individual(s)/firm may not represent any Commission member,individually,or,any memberof their family or any business inwhichthe Commission memberoftheir family hasan interest. 3.All proposals received will be considered public records.The City will consider all quotations using such criteria asthe Commission orCity Manager may adoptat eitheroftheirsole discretion.The individual(s)/firm selected will be required to enterintoa formal agreement with theCityinaform satisfactory tothe City,prior tothe execution of which theCity shall reserve all rights,including the right to change its selection. 4.Respondent's Attachment #2"DrugFree Workplace"form shall be completedandprovidedwiththeproposalsubmittal. 5.Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit/'shall be completed and provided with the proposal submittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards/'shall be completed and provided withthe proposal submittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shall becompletedand provided withthe proposal submittal. Page1 of 10 Attachment #1 Public Entity Crimes and Conflicts of Interest Pursuanttotheprovisionsof Paragraph (2)(a)ofSection 287.133,Florida StateStatutes-"A person or affiliate whohasbeenplacedontheconvicted vendor list following aconvictionfora public entitycrimemaynotsubmita Bid ona Contract to provideanygoods or servicestoa publicentity,maynotsubmita Bid ona Contract withapublicentityforthe construction or repairofa public building or public work,may notsubmit bids on leases ofrealpropertytoa public entity,maynotbeawardedtoperform work asa Contractor,supplier,Subcontractor, orConsultantundera Contract withany public entity,and may nottransact business withany public entityinexcessofthethresholdamountCategoryTwoof Section 287.017,Florida Statutes,forthirtysix(36)monthsfromthedateofbeingplacedontheconvictedvendorlist". Theawardofany contract hereunderissubjecttothe provisions ofChapter 112,Florida State Statutes.BIDDERS must disclose withtheir Bids,thenameofany officer,director,partner, associateoragentwhoisalsoanofficer or employeeoftheCityofSouth Miami or its agencies. SWORN STATEMENT PURSUANT TOSECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUSTBE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This swornstatementis submitted to City ofSouth Miami [printnameof the publicentity] by Luis I.Rodriguez,President &CEO [print individual's nameandtitle] for Pontifex Construction Group Inc. [printnameofentitysubmittingswornstatement] whose business address is 8720 SW 83rd Street Miami,FL 33173 and (if applicable)its Federal Employer Identification Number (FEIN)is 26-2219380 (If the entity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement N/A .) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes,means a violation of any stateor federal law by a person with respect to and directly related tothe transaction of business with any public entity or with an agency or political subdivision of any otherstateorofthe United States,including,butnot limited to,any bid or contract for goods or services tobe provided to any public entity or an agency or political subdivision ofany other state or oftheUnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (l)(b), Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,with or Page2 of 10 without an adjudication of guilt,in any federal orstate trial courtof record relating to charges brought by indictment or information after July I,1989,as a result ofa jury verdict,non-jury trial,orentryofa plea of guilty ornolocontender. 4.I understand that an "affiliate"as defined in Paragraph 287.133 (l)(a),Florida Statutes, means: (a)A predecessor or successor ofa person convicted ofa public entity crime;or (b)Anentityunderthecontrolofany natural person whoisactive in the management oftheentity and who has been convicted ofa public entitycrime.The term "affiliate"includes those officers,directors,executives,partners,shareholders, employees,members,and agents whoareactiveinthemanagementofan affiliate.The ownership byone person of shares constituting a controlling interestinany person,ora pooling ofequipmentorincome among personswhennotfor fair marketvalueunder an arm's length agreement,shall bea prima facie case thatone person controls another person.Apersonwho knowingly entersintoajointventurewithapersonwhohas been convicted ofa public entity crime in Florida during the preceding 36months shall be considered an affiliate. 5.I understand thata"person"as defined in Paragraph 287.133 (l)(e),Florida Statutes. meansany natural personorentityorganizedunderthelawsofanystateorofthe UnitedStateswiththe legal powertoenterintoa binding contractandwhichbidsor applies to bid oncontractsforthe provision ofgoodsor services ledbya public entity, orwhichotherwise transacts or applies to transact business witha public entity.The term"person"includesthoseofficers,directors,executives,partners,shareholders, employees,members,and agents whoare active in management ofanentity. 6.Basedon information andbelief,the statement which I have marked below is true in relationtotheentitysubmittingthisswornstatement.[Indicate which statement applies.] Neithertheentity submitting thisswornstatement,noranyofits officers, directors,executives,partners,shareholders,employees,members,or agents whoare activeinthemanagementoftheentity,norany affiliate oftheentityhasbeencharged withandconvictedofa public entitycrimesubsequentto July I,1989. Theentitysubmittingthisswornstatement,oroneormoreofitsofficers, directors,executives,partners,shareholders,employees,members,oragentswhoare activeinthemanagementoftheentity,oran affiliate oftheentityhasbeenchargedwith andconvictedofa public entitycrimesubsequentto July I,1989. The entity submittingthisswornstatement,oroneormoreofitsofficers, directors,executives,partners,shareholders,employees,members,oragentswhoare activeinthemanagementoftheentity,oran affiliate oftheentityhasbeenchargedwith andconvictedofa public entitycrimesubsequentof July I,1989.However,therehas beena subsequent proceeding before a Hearing OfficeroftheStateof Florida,Division ofAdministrative Hearings andthe Final Order enteredbythe Hearing Officer determinedthatitwasnotinthe public interestto place theentitysubmittingthis sworn statement ontheconvictedvendor list,{attach acopyofthe final order.] Page3 of 10 Continuation ofAttachment #2 Public Entity Crimes and Conflicts 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 THISFORMISVALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AMREQUIRED TO INFORMTHEPUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT INEXCESSOFTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE IN THE INFORM>Vrig^#^^ 4*t 1*Notary Public Stat-of Florida ^!__•*.Alicia ARomanA**My Commission EE104562 T*JT<£Exoires 06/19/2015 [signature] Sworn to and subscribed beforemethis 15th day of April ,20 14 XPersonally known or __Produced identification Notary Public -State of Florida Mycommissionexpires 06/19/2015 (Typeof identification) (Printed,typedorstamped commissioned nameofnotary public) Form PUR 7068 (Rev.06/11/92) Page4 of 10 Attachment #2 "Drug Free Workplace'1 Whenevertwoormore Bids which are equal withrespectto price,quality and service are received by theStateorbyany political subdivisions fortheprocurementof commodities or contractual services,a Bid received from a business that certifies thatit has implemented a drug-free workplace program shall be given preferenceinthe award process.Established procedures for processing tie Bids will be followed ifnoneofthetiedvendors have a drug-free workplace program.In ordertohavea drug-free workplace program,a business shall: L Publish astatement notifying employees thatthe unlawful manufacture,distribution, dispensing,possession,oruseofa controlled substance is prohibited inthe workplace and specifying theactionsthatwillbetaken against employeesfor violations ofsuch prohibition. 2.Inform employees aboutthe dangers of drug abuse inthe workplace,the business' policyof maintaining adrug-freeworkplace,any available drug counseling,rehabilitation, and employee assistance programs,and the penalties thatmaybeimposedupon employees fordrugabuseviolations. 3.Giveeachemployee engaged in providing the commodities or contractual services that areunder Bid acopyofthestatement specified in Subsection (I). 4.In thestatement specified in Subsection (I),notifythe employees,that,asa condition of workingonthecommoditiesor contractual servicesthatareunder Bid,theemployee will abide bythetermsofthestatement and will notify the employer of any conviction of,or plea of guilty ornolo contender to,any violation of Chapter 893 orof any controlled substance law ofthe United States or any state,fora violation occurring in the workplace nolaterthan five (5)days aftersuch conviction. 5.Impose a sanction on,or require the satisfactory participation ina drug abuse assistance or rehabilitation program,if such is available in the employee's community,byany employee who issoconvicted. 6.Make a good faith effortto continue to maintain a drug-free workplace through implementation of this section. Asthe person authorized to sign the statement,I certify that this firm complies fully withthe ah<Wf»rpm iirAtru-nrcaboverequirements. PROPOSER'S Signature: PrintName:Luis I.Rodriguez Date:04-15-2014 Page 5 of10 Attachment #3 "No Conflict of Interest/Non Collusion Affidavit" Submitted this 15th day of_April ,20 14 The undersigned,asBidder/Proposer,declaresthat the only persons interested inthis RFP arenamed herein;thatno other personhasanyinterestinthis RFP orin the Contract to whichthis RFP pertains; thatthisresponseismadewithoutconnectionorarrangementwithany other person;andthatthis response isin every respect fair andmadeingood faith,without collusion or fraud. The Bidder/Proposer agreesifthis response/submission isaccepted,to executean appropriate CITY documentforthepurpose of establishing a formal contractual relationship betweenthe Bidder/Proposer andtheCITY,forthe performance of all requirements to whichthe response/submission pertains. The Bidder/Proposer statesthatthisresponseis based uponthedocuments identified bythe following number:Bid/RFP The full-names andresidencesofpersonsand firms interestedinthe foregoing bid/proposal,as principals,areasfollows: Name Street Address City Sr.ace Zip Luis 1.Rodriguez 8720 SW 83rd Street Miami FL 33173 The Bidder/Proposer further certifies thatthis response/submission complies with section 4(c)ofthe Charter oftheCityof Miami,Florida,that,tothebestofits knowledge and belief,no Commissioner, Mayor,orother officer oremployeeoftheCITY has aninterest directly or indirectly inthe profits or emoluments ofthe Contract,job,workor service to which the response/submission pertains. Signature: PrintedName:Luis I.Rodriguez Title:President &CEO Telephone:305-218-9425 CompanyName Pontifex Construction Group Inc. Continuation of Attachment #3No Conflict of inter/Non-Collusion Certification Page6 of 10 NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this 15th day of April .2014 by Luis I.Rodriguez .(name of person whose signature is being notarized)who Is SEAL 5>**%Notary Public StiltofFlorida *_JP_Alicia A Roman*M**My Commission EE104562\jfor Expires 06/19/2015 XPersonally known to me,or Personal identification: Typeof Identification Produced XDid take an oath,or Did Not take an oath. Alicia A.Roman (NameofNotary Public:Print,Stamp or type as commissioned.) FAILURE TO COMPLETE.SIGN.&RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page7 of10 Attachment #4 "Acknowledgement and Conformance with OSHA Standards" TO THE CITY OF SOUTH MIAMI We,Pontifex Construction Group Inc..(Name ofContractor),hereby acknowledge and agree that asContractorsforthis Solicitation,as specified havethesole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Actof 1970,and ail Stateand local safety and health regulations,andagreeto indemnify and hold harmless theCityof South Miami against any and all liability,claims,damages,losses and expenses they may incurduetothe failure of (subcontractor's names): to complywithsuchact or regulation. CONTRACTOR llb^ Witness BY:Luis I.Rodriguez Name President &CEO Title FAILURE TO COMPLETE.SIGN.&RETURNTHISFORMMAYDISQUALIFY YOUR RESPONSE Page 8 of 10 Attachment #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Luis I.Rodriguez f individually andon behalf of Pontifex Construction Group Inc. ("Firm")have Name of Representative Company/Vendor/Entity readtheCityofSouth Miami ("City")'s Codeof Ethics, Section 8A-1 ofthe City's Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestof my knowledge,information andbelief: (1)neither I northe Firm haveany conflict ofinterest(as defined in section 8A-1)withregardtothecontractor businessthat I,and/orthe Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I norany employees,officers,directorsofthe Firm,noranyonewhohasa financial interest greater than 5%inthe Firm,hasany relative(s),as defined insection 8A-I,whoisan employee oftheCityorwho is(are) an appointed orelected official ofthe City,orwho is(are)amemberofany public bodycreatedbytheCity Commission,/.e.,aboardorcommitteeoftheCity[See Note #1 below],and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan5%inthe Firm,noranymemberof those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoanycontract(s)withtheCityorhasa financial interest,director indirect,inany business beingtransacted withthecity,orwithanypersonoragencyactingforthecity,otherthanas follows: (if necessaryusea separate sheet to supplyadditionalinformation that will not fitonthislinebutmake reference on the line abovetothe separate sheet,i.e„"seeattachedadditionalinformation"andmakereferencetothis documentandthis paragraph ontothe additional sheet which additional sheetmustbe signed underoath).[See Note #1 below];and (4)noelectedand/or appointed official or employee oftheCityofSouth Miami,oranyoftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)has a financial interest,directly or indirectly,inthe contractbetweenyouand/oryourFirmandthe City otherthanthe following individuals whose interest isset forth following theiruseaseparatenames: (ifnecessaryusea separate sheet tosupplyadditionalinformation that will not fit on this linebutmake reference on the lineabove to the separatesheet,i.e.,"see attached additional information"and make referencetothisdocumentandthis paragraph ontothe additional sheet which additional sheetmustbe signed underoath).Thenamesof all City employees and thatof all electedand/or appointed city officials orboard members,whoown,directly or indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthe firm areas follows: (if necessary use a separate sheet to supplyadditionalinformation that will not fitonthisline but make reference on thelineabove to the separate sheet,i.e.,"see attached additionalinformation"andmake reference to this documentandthis paragraph ontothe additional sheet which additional sheetmustbe signed underoath).[See Note #I below] (5)I andthe Firm furtheragreenottouseorattempttouse any knowledge,propertyorresource which may cometousthroughourpositionof trust,orthroughourperformanceofourdutiesunderthetermsofthe contractwiththeCity,tosecureaspecial privilege,benefit,orexemptionforourselves,orothers.Weagreethat wemaynot disclose oruse information,not available tomembersofthegeneral public,forourpersonalgainor Note #I:While theethics code stillapplies,iftheperson executing thisformisdoingsoonbehalfofafirmwith more than IS employees,the statement inthis section shallbebasedsolelyon the signatory's personal knowledge and he/she is not requiredtomakeanindependentinvestigationastothe relationship ofemployees;ifthe firm isa publicly tradedcompany, the statement in this section shallbe based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation asto the relationship of employees orof those who haveafinancial interest in the Firmor of the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee orasto the relationshipbybloodormarriage of employees,officers,or directors of the Firm, orofanyoftheir immediate familytoanyappointedorelected officials ofthe City,ortotheir immediate family members. benefit or forthepersonalgain or benefitofany other person or businessentity,outsideofthenormalgainor benefitanticipated through the performance ofthe contract (6)I andthe Firm hereby acknowledge thatwehavenotcontractedortransactedany business withtheCityor anypersonor agency actingfortheCity,andthatwehavenotappearedinrepresentationofanythirdparty before any board,commissionoragencyoftheCitywithinthepasttwoyears other thanas follows: (ifnecessaryusea separate sheet tosupply additionalinformation that willnotfitonthislinebutmakereferenceonthelineabovetotheseparatesheet,i.e., "seeattached additional information"andmakereferencetothisdocumentandthisparagraphontothe additional sheet whichadditional sheet must besigned under oath). (7)Neither1norany employees,officers,ordirectorsofthe Firm,noranyoftheir immediate family (i.e„asa spouse,son,daughter,parent,brotherorsister)isrelatedbybloodor marriage to:(i)anymemberoftheCity Commission;(ii)anycity employee;or (iii)anymemberofanyboardor agency oftheCityotherthanas follows: (ifnecessaryuseaseparate sheet tosupply additional informationthat will notfitonthislinebutmakereferenceonthe line abovetotheseparatesheet,i.e.,"see attached additional Information"andmakereferenceto this documentand this paragraphontothe additional sheet whichadditional sheet mustbesignedunderoath).[See Note #1 below];and. (8)NoOther Firm,norany officers ordirectorsofthatOther Firm oranyonewhohasa financial interestgreater than 5%inthat Other Firm,noranymemberofthose persons'immediate family (i.e.,spouse,parents,children, brothersandsisters)noranyofmy immediate family members (hereinafterreferredtoas "Related Parties")has respondedtoa solicitation bytheCityin which I orthe Firm that I representor anyone whohasa financial interestgreaterthan5%inthe Firm,or anymemberofthose persons'immediate family (I.e.spouse,parents, children,brothers andsisters)havealsoresponded,other thanthe following: .(ifnecessaryuseaseparate sheet tosupply additional information that will notfitonthislinebut make referenceonthe line abovetotheseparatesheet,i.e.,"see attached additional information"andmakereferencetothisdocumentandthisparagraphontothe additional sheet which additional sheetmustbe signed under oath),[while theethicscode still applies,iftheperson executing thisformis doing soon behalf ofa firm whosestockis publicly traded,thestatementinthissection(8)shall be based solely onthe signatory's personal knowledge and he/she isnotrequiredto make an independent investigation intothe Other Firm,orthe Firm he/sherepresents,astotheir officers,directorsoranyone having a financial interestinthose Firms oranyoftheiranymemberofthosepersons'immediate family.] (9)I and the Firm agree thatweare obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers tothis document.Specifically,afterthe opening of any responses toasolicitation,I and the Firmhaveanobligationto supplement thisVerificationFormwiththenameof all Related Parties who have also responded tothesamesolicitation andto disclose the relationship ofthose parties to meand the Firm. (10)A violation oftheCity's Ethics Code,the giving of any false information orthe failure to supplement this Verification Form,may subjectmeorthe Firm to immediate termination of any agreement with the City,and the imposition ofthe maximum fine and/orany penalties allowed by law.Additionally,violations may be considered by andsubjectto action bythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I Note #I:While theethics code stillapplies,ifthepersonexecutingthisformIsdoingsoonbehalfofafirmwith more than 15 employees,the statement in this section shallbebasedsolelyonthesignatory'spersonal knowledge and he/she isnot requiredtomakeanindependent investigation astothe relationship ofemployees;ifthefirmisa publicly tradedcompany, the statement in thissectionshallbebasedsolelyonthe signatory's personal knowledgeandhe/sheisnotrequiredtomake an independent investigationasto the relationshipof employees orof those whohavea financial Interestinthe Firm orof the financial interestintheFirmofcityemployees,appointed officials orthe immediate family members ofelectedand/or appointed official oremployeeorastotherelationshipbybloodormarriageofemployees,officers,ordirectorsoftheFirm, orofanyoftheirimmediate family toany appointed orelected officials oftheCity,ortotheirimmediate family members. havemadea diligent effortto investigate themattersto which I am attesting hereinabove andthatthestatements made hereinabove aretrueandcorrecttothebestofmy knowledge,information and belief. Signature:A—~~—~ PrintName&Title:Luis I.Rodriguez,President &CEO Date:04-15-2014 ATTACHED: Sec.8A-I -Conflict of interest and code of ethics ordinance. Municode Page 10f4 Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissection shall be designated andknownasthe"CityofSouth Miami ConflictofInterestandCodeof Ethics Ordinance."Thissection shall be applicable to all citypersonnelasdefinedbelow,and shall alsoconstitutea standard of ethical conductand behavior for all autonomous personnel,quasi-judicial personnel,advisory personnel and departmental personnel.The provisions ofthis section shall be applied ina cumulative manner.By wayof example,andnotasa limitation,subsections (c)and (d)may be applied tothesame contract or transaction. (b)Definitions.For thepurposesofthissectionthe following definitions shall be effective: (1)Theterm "commission members"shall refer tothe mayor and the members ofthecity commission. (2)Theterm "autonomous personnel"shall refer tothe members of autonomous authorities,boards and agencies, suchasthecitycommunity redevelopment agency and the health facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothe members ofthe planning board,the environmental review and preservation board,thecode enforcement board and such other individuals,boards and agencies ofthecityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothe members ofthosecity advisory boards and agencies whose soleor primary responsibility isto recommend legislation or give advice tothecity commission. (5)Theterm "departmental personnel"shall refer tothecityclerk,the city manager,department heads,thecity attorney,and all assistants tothecityclerk,city manager and city attorney,howevertided. (6)Theterm "employees"shall referto all other personnel employed bythe city. (7)Theterm "compensation"shall referto 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)Theterm "controlling financial interest"shall refer to ownership,directly or indirectly,often percent ormore ofthe outstanding capital stockin any corporation ora direct or indirect interest often percent ormoreina firm, partnership,orother business entityatthetimeof transacting business withthecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothers and sisters ofthe person involved. (10)Theterm "transact any business"shall refer tothe purchase or sale bythecityof specific goods or services for consideration and to submitting a bid,a proposal in response toa RFP,a statement of qualifications in response toarequestbythe city,orenteringintocontract negotiations forthe provision onanygoodsor services, whichever first occurs. (c)Prohibition ontransactingbusinesswith the city. Note#I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwithmorethan 15 employees,the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheisnot requiredtomakeanindependent Investigation astothe relationship ofemployees;Ifthefirmisa publicly tradedcompany, the statement inthissectionshallbebasedsolelyonthe signatory's personal knowledgeand he/she isnotrequiredtomake an independent investigationasto the relationship of employees or of those whohavea financial interest in the Firmor of the financial interest In the Firm of city employees,appointedofficialsor the immediate family members ofelectedand/or appointedofficialor employee oras to the relationshipbybloodor mar/iage of employees,officers,ordirectorsoftheFirm, orofanyoftheir immediate familytoanyappointedorelectedofficialsoftheCity,ortotheir immediate family members. Nopersonincluded in the terms definedin paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto any contract ortransactanybusinessinwhichthatpersonora member of the immediate familyhasa financial interest,direct or indirect with the cityoranypersonoragencyactingforthecity,andanysuch contract, agreement orbusiness engagement entered inviolationofthis subsection shall render the transactionvoidable. Willful violation of this subsection shall constitute malfeasance In office and shall affect forfeiture of office or position.Nothinginthis subsection shallprohibitormake illegal: (1)Thepaymentoftaxes,specialassessmentsorfeesforservicesprovidedby the citygovernment; (2)Thepurchase of bonds,anticipationnotesor other securitiesthatmaybeissuedbythecitythrough underwriters or direcdy from time to time. Waiver of prohibition.The requirements ofthissubsectionmaybewaivedforaparticulartransactiononlybyfour affirmative votes of thecity commission afterpublichearinguponfindingthat: (1)Anopen-to-allsealedcompetitive proposal hasbeensubmittedbya city personasdefinedin paragraphs (b)(2), (3)and(4); (2)Theproposalhasbeensubmittedbyapersonor firm offeringserviceswithinthescopeofthepractice of architecture,professionalengineering,orregisteredlandsurveying,asdefinedbythelawsof the stateand pursuanttothe provisions oftheConsultants'CompetitiveNegotiationAct,andwhentheproposalhasbeen submittedbyacitypersondefinedin paragraphs (b)(2),(3)and (4); (3)Thepropertyor services tobe involved inthe proposed transaction are unique andthecitycannot avail itself ofsuchpropertyorservices without enteringatransactionwhichwouldviolatethissubsectionbut forwaiver of its requirements;and (4)Thattheproposed transaction willbeinthebestinterestofthecity. Thissubsection shall be applicable onlytoprospective transactions,andthecitycommissionmayinnocaseratifya transaction entered in violation of this subsection. Provisions cumuiative.Thissubsection shall betakentobe cumulative and shall notbeconstruedtoamendor repeal any other lawpertaining to the same subject matter. (d)Further prohibitionontransacting business withthecity. Noperson included inthetermsdefinedin paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto anycontractortransactanybusinessthrougha firm,corporation,partnership orbusinessentityinwhichthat personoranymemberoftheimmediate family hasa controlling financial interest,director indirect,withthecity oranypersonoragencyactingforthecity,andanysuchcontract,agreementorbusinessengagemententeredin violation ofthis subsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothissubsectionasthough incorporated by recitation. Additionally,no person included intheterm defined in paragraph (b)(1)shall voteonor participate in any wayin anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationships withanyofthe personsorentitieswhichwouldbeor might be direcdy or indirectiy affected byany action ofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,or creditor,ifin any instance the transaction ormatterwouldaffectthe person defined in paragraph (b)(1)ina manner distinct from the manner in which it would affect the public generally.Any person included in theterm defined in paragraph (b)(I)who has any ofthe specified relationships orwho would or might,directly or indirectly,realize a profit bythe action ofthecity commission shall notvoteon orparticipateinanywayin the matter. (E)(Sifts. (l)Defmition.Theterm "gift"shall refertothe transfer of anything of economic value,whetherinthe form of money,service,loan,travel,entertainment,hospitality,Itemor promise,orinanyother form,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; Note #I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwithmorethan 15 employees,the statement in this sectionshallbebasedsolelyon the-signatory's personalknowledgeand he/she isnot required tomakean independent Investigation astothe relationship of employees;ifthe firm isa publicly tradedcompany, thestatementinthissection shall bebasedsolelyonthe signatory's personal knowledge andhe/she Is not required tomake an independent investigationasto the relationshipofemployeesorofthosewhohavea financial interest intheFirmorof the financial interestintheFirmofcityemployees,appointed officials ortheimmediatefamilymembersofelectedand/or appointed official oremployeeorastothe relationship by blood or marriage ofemployees,officers,ordirectorsofthe Firm, orofanyoftheir immediate family toanyappointed or elected officials ofthe City,ortotheir immediate family members. b.Gifts from relatives or members of one's household,unless the person is a conduit on behalf ofa third party to the delivery ofa gift thatis prohibited under paragraph(3); c.Awardsforprofessional or civicachievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any giftIt is also unlawful for any personor entity to offer,give or agree to ghte toanyperson included intheterms defined in paragraphs (b)(1)through (6),orfor any person included in the terms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfromanotherpersonorentity,anygiftfororbecauseof: a.An official public action taken,ortobetaken,or which could be taken,or an omission or failure to take a public action; b.A legal duty performed ortobe performed,or which could be performed,oran omission or failure to perform alegalduty; c.A legal duty violated ortobe violated,or which could be violated byany person included intheterm defined in paragraph (b)(1);or d.Attendanceorabsencefroma public meetingat which official actionistobetaken. (4)Disclosure.Any person included in theterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or seriesof gifts from anyone personor entity,having a value in excess of $25.00.The disclosure shall be made by filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county andwith the Florida Secretary ofState. (f)Compulsory disclosure byemployeesof firms doing business withthe city. Should anyperson included intheterms defined in paragraphs (b)(1)through (6)be employed bya corporation, firm,partnership or business entityin which thatpersonorthe immediate family doesnot have a controlling financial interest,andshouldthe corporation,firm,partnership or business entityhave substantial business commitments toorfromthecityorany city agency,orbesubjecttodirect regulation bythecityoracity agency, thenthe person shall file asworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(l)through (6)shall corruptly useorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidentialinformation. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall acceptemployment or engage in anybusinessor professional activity whichonemight reasonablyexpectwouldrequireorinduceonetodisclose confidential informationacquiredbyreasonofan official position,nor shall thatperson In factever disclose confidential information garneredor gained throughan official position withthe city,nor shall thatpersoneverusesuch Information,directly or indirectly,for personal gain or benefit (i)Conflicting employment prohibited. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall acceptother employment which would impair independence of judgment inthe performance ofany public duties. (j)Prohibitiononoutside employment. (I)Noperson included intheterms defined in paragraphs (b)(6)shall receive any compensation for services asan officeroremployeeofthecityfromanysourceotherthanthe city,exceptasmaybepermittedas follows: a.Generally prohibited.No full-time cityemployee shall acceptoutside employment,either incidental,occasional or otherwise,wherecitytime,equipmentor material istobeusedorwheresuchemploymentoranypart thereof is tobe performed oncitytime. Note #I:While the ethics code stillapplies,if the person executing thisformisdoingsoonbehalf of afirm with more than 15 employees,the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeand he/she isnot requiredtomakean independent investigationasto the relationshipofemployees;ifthefirmisapubliclytradedcompany, the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge andhe/sheIs not required to make an independent investigation as to the relationship of employees or of those who have afinancial interest in the Firm or of the financial interest in the Firmofcity employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee orasto the relationship byblood or marriage of employees,officers,or directors of the Firm, orofanyoftheir immediate familytoanyappointedorelectedofficialsoftheCity,orto their immediate family members. b.When permitted.A full-timecityemployeemayacceptincidentaloroccasionaloutsideemploymentsolongas suchemployment \s not contrary,detrimentaloradversetothe interest ofthecity or anyofits departments and the approval required in subparagraph c.isobtained. c.Approvalof department headrequired.Anyoutsideemploymentbyanyfull-timecityemployeemustfirstbe approvedinwritingbytheemployee'sdepartmentheadwhoshallmaintainacompleterecordofsuch employment. d.Penalty.Anypersonconvictedof violating any provision of this subsection shall bepunishedasprovidedin section I-11 oftheCodeof Miami-Dade Countyand,inadditionshallbesubjectto dismissal bytheappointing authority.Thecitymayalsoassessagainstaviolatorafinenottoexceed$500.00andthecostsof investigation incurred by the city. (2)All full-time city employees engaged inanyoutside employment foranyperson,firm,corporationorentity otherthanthe city,oranyofits agencies or instrumentalities,shall file,underoath,an annual report indicating the sourceoftheoutsideemployment,thenatureoftheworkbeingdoneandanyamountofmoneyor other considerationreceivedbytheemployeefromtheoutside employment.Cityemployeereportsshallbe filed with thecity clerk.Thereports shall be available ata reasonable timeand place for inspection bythe public.Thecity managermay require monthly reports from individual employees or groupsofemployeesforgood cause.. (k)Prohibited investments. Noperson included intheterms defined in paragraphs (b)(1)through(6)oramemberofthe immediate family shall havepersonalinvestmentsinanyenterprise which will createa substantial conflict betweenprivateinterests andthepublic interest (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall appearbeforeanycityboardor agencyandmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall theperson receive any compensation or gift,directly or indirectiy,for services renderedtoathirdperson,who has applied fororis seeking some benefit fromthe city oracity agency,in connection withthe particular benefit soughtbythethirdperson.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisor toapartywhoseeks legal relief fromthecityoracity agency through thesuitin question. (2)No person included in the terms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commissionoragencyonwhichthepersonserves,eitherdirectlyorthroughanassociate,andmakea presentation on behalf ofathirdperson with respecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orother benefit sought bythethird person.Nor shall such person receive any compensation or gift,directly or indirectly,for services rendered toa third party who has applied fororis seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought bythethird party.Nor shall the person appear in any courtor before any administrative tribunal as counselor legal advisor toathirdpartywho seeks legal relief from thecitycommission or agency on which such person serves through the suitinquestion. (m)Actions prohibited when financial interests involved. No person included intheterms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which that person or any member ofthe immediate family has a financial interest A financial interest is defined in this subsection to include,but notbe limited to,any direct or indirectinterestinany investment,equity,ordebt. (n)Acquiringfinancial interests. No person included intheterms defined in paragraphs (b)(I)through (6)shall acquire a financial interest ina project,businessentityorpropertyatatimewhentheperson believes orhasreasonto believe thatthe financial interest may be directly affected by official actions orby official actions by the city or city agency of which the personisan official,officer or employee. (0)Recommending professional services. Note #I:Whiletheethicscode still applies,ifthe person executing thisformis doing soonbehalfofafirmwithmorethan 15 employees,thestatementinthis section shall be based solely onthe signatory's personal knowledge and he/she isnot required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatementin this section shall bebasedsolely onthe signatory's personal knowledge and he/she isnot required tomake anindependentinvestigationastotherelationshipofemployeesorofthosewhohavea financial interest intheFirmor of the financial interestinthe Firm ofcity employees,appointed officials orthe immediate family membersof elected and/or appointed official or employee orastothe relationship by blood or marriage of employees,officers,or directors ofthe Firm, orof any oftheirimmediate family to any appointed or elected officials ofthe City,ortotheirimmediate family members. No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist inany transaction involving thecityoranyofits agencies,provided thata recommendation may properlybemadewhenrequiredtobe made bythe duties of office and in advance ata public meeting attended byother city officials,officers or employees. (p)Continuing applicationaftercity service. (1)No person included in the terms defined in paragraphs (b)(l),(5)and (6)shall,fora period oftwo years after his orher city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP.RFQ,bid,request for ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subject matterin which the city oroneofits agencies isapartyor has any interest whatever,whetherdirectorindirect Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application toacity department or agency duringthetwo-yearperiodafterhisorherservicehasceased. (2)The provisions ofthe subsection shall not apply topersonswho become employed by governmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,andwho lobby on behalf ofthose entities in their official capacities. (3)The provisions of this subsection shall apply to all persons described in paragraph (p)(l)whose city service or employment ceasedafter the effectivedateof the ordinancefromwhichthissectionderives. (4)No person described in paragraph (p)(I)whose city service or employment ceased within two years prior to the effective date of this ordinance shall fora period oftwo years after his orher service or employment enter intoa lobbying contractto lobby any city official In connection with any subject described in paragraph (p)(l)in whichthecityoroneofits agencies isapartyorhasanydirectand substantial interest;andinwhichheorshe participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment A person participated "directly" where heorshe was substantially involved in the particular subject matter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,or otherwise,during his orhercity service or employment Aperson participated "indirectly"whereheorshe knowingly participated inanywayinthe particular subject matterthrough decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during hisorhercityservice or employment All persons covered bythis paragraph shall executean affidavit ona form approved bythe city attorney priorto lobbying any city official attesting thatthe requirements ofthis subsection donot preclude thepersonfrom lobbying city officials. (5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p). (q)City attorney torenderopinionsonrequest. Whenever any person included inthe terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)isin doubtastotheproperinterpretationor application ofthis conflict ofinterestandcodeofethicsordinance,or whenever anypersonwhorenders services tothe city is In doubtastothe applicability ofthe ordinance that person,may submit tothecityattorneya full writtenstatementofthe facts and questions.Thecityattorney shall thenrenderan opinion to such person and shall publish these opinions without useofthe name ofthe person advisedunlessthepersonpermitstheuseofaname. (Ord.No.6-99-/680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-1 and 8A-2 intheir entirety and replaced them withnew§§ 8A-1 and 8A-2.Former §§8A-1 and 8A-2 pertained to declaration of policy and definitions,respectively,and derived fromOrd.No.634,§§I (I A-1).I (IA-2)adoptedJan...II,1969. Note #I:While the ethics code stillapplies,if the person executing thisformisdoingsoon behalf of afirm with more than 15 employees,the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheisnot requiredtomakeanindependent investigation astothe relationship ofemployees;ifthefirmisa publicly tradedcompany, the statement inthis section shallbebasedsolelyon the signatory's personal knowledge andhe/sheIs not required to make an independent investigation asto the relationshipof employees orof those whohaveafinancial interest In the Firmorof the financial interest in the Firm of city employees,appointedofficialsor the immediate family members ofelectedand/or appointed officialor employee orasto the relationshipbybloodormarriage of employees,officers,or directors of the Firm, orofany of their immediate familytoanyappointedor elected officialsoftheCity,ortotheir immediate family members. ADDENDUM No.#1 Project Name:Install Bow-onCertifiedPlaygroundMulch/TurfatVarious Parks ITQ NO.PR2014-04 Date:April 10,2014 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplemenrand/or modify the previously issued Request for Qualifications (RFQ)Documents,andis hereby made partofthe Documents.All requirements of theDocumentsnot modified herein shall remain in full forceandeffectas originally setforth.It shall bethesole responsibility ofthebiddertosecure Addendums that may be issued fora specific solicitation. Question #1: Thescopeof services requires the blow-on playground mulch be IPEMA Certified ASTM F1292-04.Is this certification forthe blow-on mulch required? Answer to Question #1: No.Certified blow-on mulch must meetthelatest standards including ADA Certified ASTM FI95I.Playground Mulch must meet HIC (head impact criteria)and application depth ofat least 12"to be fully effective initssafenessandwheelchair accessible. Question #2: Is the application depthofthe mulch,12**,after compaction? Answer to Question #2: Yes.The application depthof 12"is after compaction. Page1 of2 Question #3: Is the estimated quantity of mulch required,ISO CY,perparkfor all four parks listed in the ITQ? Answer to Question #3: No,The estimated quantity of mulch required is a total of all four parks listed in the ITQ. Question #4: Can the blow-on mulch be applied ontopofthe existing mulch at each playground site? Answer to Question #4: Yes.The blow-on mulch can be applied ontopofthe existing mulch at each playground site. Question #5: Doesthe City require any particular colorof mulch tobe applied at each playground site? Answer to Question #S: TheCityexpectstheblow-on mulch providedtobeeitherredorareddishbrownincolor but will determine the specific color with the awarded contractorpriorto application. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page2 of2 CERTIFICATE OF LIABILITY INSURANCE DATE{MM/DD/YYYY) C4/15/2014 THIS CERTIFICATE ISISSUED AS A MATTER OFINFORMATION ONLY AND CONFERS NORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOUCIES BELOW.THISCERTIFICATEOF INSURANCE DOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUING INSURER'S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is anADDITIONALINSURED,fhe pollcyfjes)must ba endorsed.If SUBROGATION ISWAIVED,subject to the termsand conditions ofthe policy,certainpoliciesmayrequirean endorsemenL A statement on this certificate does not confer rightstothe certificate holder In lieu of such endoreement(s). PRODUCER EMMANUEL INSURANCE&ASSOCINC 2370 E8th Ave Hialeah,FL 33013 SXHT'Saral Medina gt^E-ft 005)603-0003 address:jo^emmanuelinsurancejcom ~r^.No):(305)691-4381 PONTIFEX CONSTRUCTIONGROUP,I 8720 SW 83rd Street Miami,FL33173 3052189425 COVERAGES CERTIFICATE NUMBER: INSURER(S)AFFORDINGCOVERAGE TRAVELERSINDEMNITY CO. b:PREFERREDCONTRACTORS INSCOMr 12497 10193 insurer c:BRIDGEFIELD EMPLOYER INSURANCE 10701 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POUCY PERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT.TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITH RESPECT TOWHICHTHIS CERTIFICATE MAYBEISSUEDORMAYPERTAIN,THE INSURANCE AFFORDED BYTHEPOUCIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANOCONDITIONSOFSUCHPOLICIES,UMITS SHOWN MAYHAVEBEENREDUCEDBYPAIDCLAIMS. TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ICLAIMS-MAOE |X|OCCUR GEM.AGGREGATE LIMIT APPLIES PER: ~]POUCY OTISS fkoc AUTOMOBILE LIABILITY ANYAUTO ALLOWNED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNEWEXeCUnVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) Ifyes,describe under DESCRIPTION OF OPERATIONS bftlow • mm. SOOT UMB.POLICY NUMBER PC2505123-00 BA-1A96265A-12 0830-48121-0 UfflRffi. 6/2/2013 2/14/2014 5/17/2013 (MM/DO/YYVY) 6/2/2014 2/14/2015 5/17/2014 LIMITS EACH OCCURRENCE PREMISES (Ea occurence) MED EXP(AnyonopBfson) PERSONAL &AOV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG mM_IN-_BlN6L_UMIT (Ea accktenl) BODILYINJURY(Per peraon) BODILYINJURY (Par accident) property Damage(Par accident) EACH OCCURRENCE ytes^fel Hft E-L.EACH ACCIDENT E.L.DISEASE -EA EMPLOYEE EL OISEASE-POUCY LIMIT *1,000,000.00 150,00000— -&QOQ40- >ilooo,ooo.on _%nnn,ono.nn 12,000,00000-. i1.000.OQO.00 •1,000,000,00 •1.000,000.00 .M,O00.00OiBL DESCRIPTON OF OPERATIONS/LOCATIONS/VEHICLES (AttachACORD 101.Additional RemaAsSctedule.if more space is required) Certificate Holder included as additional insured on General Liability Waiver of Subrogation on Workers Comp.&General Liability. Auto Liability are primary and non-contributory in favor of additional insured. Additional Insured:City of South Miami CERTIFICATE HOLDER CityofSouth Miami 6130 Sunset Drive South Miami,FL33143 ACORD25(2010/05) CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBE CANCELLED BEFORE THE EXPIRATION DATETHEREOF.NOTICE WILL QE DELIVERED IN ACCORDANCE WITHTHEPOLICY PROVISIONS. **r3 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORDCORPORATION.AII rightsreserved. TheACORDnameandlogoare registered marksofACORD No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany 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 ofits agencies,provided thata recommendation may properlybemadewhenrequiredtobemadebythedutiesof office and in advance ata public meeting attended by other city officials,officers or employees. (p)Continuingapplication after city service. (1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his orher city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,request for ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subject matterin which thecityoroneofits agencies isapartyorhasanyinterest whatever,whetherdirect or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application toacitydepartmentor agency during the two-year periodafterhisorherservicehasceased. (2)The provisions ofthe subsection shall not apply to persons who become employed bygovernmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,andwho lobby on behalf ofthose entities in their official capacities. (3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whosecityservice or employment ceased after the effective date of the ordinance from which this section derives. (4)Noperson described in paragraph (p)(l)whose city service or employment ceased within twoyearspriorto the effective dateofthisordinance shall foraperiodoftwoyearsafterhisorherserviceoremployment enter intoa lobbying contract tolobbyanycity official inconnectionwithanysubjectdescribedinparagraph(p)(l)in which the city or one ofitsagenciesisaparty or hasany direct andsubstantial interest;andinwhichhe or she participateddirectly or indirectlythroughdecision,approval,disapproval,recommendation,the renderingof advice,investigation,or otherwise,duringhis or hercityservice or employment.Apersonparticipated"directly" whereheorshewassubstantiallyinvolvedintheparticularsubject matter throughdecision,approval,disapproval, recommendation,therenderingofadvice,investigation,or otherwise,duringhis or hercityservice or employment.Apersonparticipated"indirectly"wherehe or she knowingly participatedinanywayintheparticular subject matter through decision,approval,disapproval,recommendation,the rendering ofadvice,investigation,or otherwise,duringhis or her cityservice or employment.All persons covered bythisparagraphshall execute an affidavitonaform approved by the city attorney priortolobbyinganycity official attesting that the requirements ofthis subsection do not preclude the person fromlobbyingcity officials. (5)Any person whoviolatesthis subsection shallbesubjecttothepenaltiesprovidedin section 8A-2(p). (q)City attorney to render opinions on request. Whenever anypersonincludedinthe terms definedinparagraphs (b)(1)through(6)andparagraph(b)(9)isin doubt asto the proper interpretation or applicationofthisconflictof interest and code ofethics ordinance,or whenever any person who renders services to the cityisin doubt asto the applicabilityof the ordinance that person,maysubmit to the city attorney a full written statement of the factsand questions.The city attorney shall then render anopinion to such person andshallpublish these opinions without useofthenameof the person advisedunless the person permits the useofaname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed§§8A-I and8A-2in their entirety and replaced them withnew§§ 8A-1 and8A-2.Former §§8A-1 and8A-2pertainedtodeclarationofpolicyanddefinitions,respectively,and derived from Ord.No.634,§§I (I A-1),I (IA-2)adopted Jan...II,1969. Note #I:While the ethics code still applies,if the person executing this form is doing soon behalf of afirm 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 firmisa publicly traded company, the statement inthis section shallbe 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 orof those who haveafinancial interest in the Firmor of the financial interest in the Firm of city employees,appointed officialsor 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. Detail byEntityName Detail by Entity Name Florida Profit Corporation PONTIFEX CONSTRUCTION GROUP,INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Effective Date Last Event Event Date Filed Event Effective Date Principal Address 8720 SW83RD STREET MIAMI,FL 33173 Changed:01/31/2012 Mailing Address P08000027867 262219380 03/17/2008 FL ACTIVE 03/16/2008 AMENDMENT 05/14/2009 NONE 8720 SW83RD STREET MIAMI,FL 33173 Changed:01/3.1/2012 Registered Agent Name &Address RODRIGUEZ,LUIS I 8720 SW83RD STREET MIAMI,FL 33173-4136 Officer/Director Detail Name &Address Title CEO RODRIGUEZ,LUIS I 8720 SW83RD STREET MIAMI,FL 33173 nnual ReportsP Page1 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti...4/16/2014 DetailbyEntityName Report Year 2011 2012 2013 Filed Date 01/21/2011 01/31/2012 04/25/2013 Document Images 04/25/2013-ANNUAL REPORTViewimageinPDFformat 01/31/2012 -ANNUAL report View image inPDFformat 01/21/2011 -ANNUAL REPORT ViewimageinPDFformat 01/06/2011 -Off/Dir Resignation 12/29/2010 -Off/Dir Resignation View image inPDF format View image inPDF format 02/05/2010 --ANNUAL REPORTViewimageinPDFformat 05/14/2009 -Amendment 03/28/2009 -ANNUAL REPORT 04/28/2008-Off/Dir Resignation 03/17/2008 -Domestic Profit View image inPDFformat View image inPDFformat View image inPDFformat View image inPDF format Copyright ©and Privacy Policies State ofFlorida,Department of State Page 2 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti...4/16/2014 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT#P08000027867 Entity Name:PONTIFEXCONSTRUCTIONGROUP,INC. Current Principal Place of Business: 8720SW83RDSTREET MIAMl,FL 33173 Current Mailing Address: 8720 SW 83RD STREET MIAMI,FL 33173 US FEI Number:26-2219380 Name and Address of Current Registered Agent: RODRIGUEZ,LUIS I 8720 SW83RD STREET MIAMI,FL 33173-4136 US FILED Apr 25,2013 Secretary of State CC0424907465 Certificate of Status Desired:No The abovenamedentity submits thisstatement for thepurposeof changing its registered office orregistered egent,or both,In theStateofFlorida. SIGNATURE:__ Electronic SignatureofRegisteredAgent Officer/Director Detail: Title CEO Name RODRIGUEZ,LUIS I Address 8720 SW 83RD STREET City-State-Zip:MIAMIFL 33173 Iherebycertify that theInformation indicated onthis report orsupplemental report Istrue and accurate and that myelectronic signature shall have the samelegal effect as Ifmade under oath;that Iam an officer ordirector ofthe corporation orthe receiver ortrustee empowered toexecute this report as raqulnd byChapter 607,Florida Statutes;and that myname appears above,oronen attachment withallotherlike empowered. SIGNATURE:LUIS I RODRIGUEZ PRESIDENT &CEO 04/25/2013 ElectronicSignatureofSigning Officer/Director Detail Date