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Pontiflex Const ITQ 2014 05 4.18.14
CITY OF SOUTH MIAMI Sw IhMiami ° a INVITATION TO QUOTE ITQ #PR- 2014 -05 1 LUMP SUM PROPOSAL 1 f SUBMITTED TO: City Clerk PROJECT: Sidewalk Repair Marshall Williamson Park NAME: Maria Menendez, CMC ADDRESS: ADDRESS: 6130 Sunset Drive CITY /STATE: CITY /STATE: Miami, Florida 33134 ISSUE DATE: PHONE: 305- 663 -6339 EMAIL: MANDATORY PRE -QUOTE MEETING: Friday, April 11, 2014 at 10:00 AM DUE PATE: QUOTE SUBMISSION REQUIREMENTS: 6130 Sunset Drive South Miami, Fl 3143 Thursday, April 3, 2014 skulick @southmiamifl.gov Friday, April 18, 2014 at 10:00 AM Quotes submitted after 10:00 AM on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope, The label on the on the envelope needs to read as follows: City of South Miami Maria M. Menendez, CIVIC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: SIDEWALK REPAIR MARSHALL WILLIAMSON PARK Must input project name. If label does not have all information above your quote will not be accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured. AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2) Respondents must complete and submit with your quote affidavits provided in Exhibit 2. COMMUNITY DEVELOPMENT BLOCK GRANT (Exhibit 3) This project is funded through a federal grant, community Development Block Grant, (CDBG), through Miami -Dade County. Proposers MUST comply with CDBG requirements. Refer to Exhibit 3 to Bid Package. QUESTIONS: Any Re uestsforadditlonaI information a q uestlons must he in wri ti a& emailed by 10:00 AM local tim e an April 16 2014 to the attention of Mr. Steven Kullck Pu rchasinx Mana er atskullck southmiamT#I.xov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): Please Refer to the attached "Scope of Services" DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Qty Amount LUMP SUM TOTAL LS 1 LS 1 LS 1 1 Mobilization $1,500.00 2 Maintenance of traffic $800.00 5 4° Concrete Sidewalk $11,997224 LUMP SUM TOTAL $14,297.24 Contractor shall Furnish all materials and equipment necessary to secure completion of the work. Contractor shall be compensated according to the quote submitted. A Mandatory Pre -quote meeting is scheduled: Friday, April 11, 2014 at 10 AM at City Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143. Contractor is responsible to secure all permits and and should be reflected in the Lump Sum quote. Contractor may choose to submit a quote on company letterhead but must be be attached with this form. Deadline to submit is: Friday, April 18, 2014 at 10 AM PrintJType Name: Ljjis I. Roddguez Phone: 305 - 21042 Signature: Date: 04 -17 °2014 E -mail: LRodri uez PontifexGrou p.com Fax: 305 -575 -0792 Firm Name: Pontifex Construction Group Inc. F.E.I.N. No.: 2_r- _1_2r�_r�r�r�r� Address: 8720 SW 83rd Street 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 AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES 15 FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. Note: The Awarded Contractor Must Execute the Contract Between the Contractor and the City fpr this Project CONTRACT THIS CONTRACT was made and entered into on this day of 20 , by and between hereafter referred to as "Contractor ", and the City of South Miami, hereafter referred to as "Owner', through its City Manager, hereafter referred to as "City ". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall provide the Scope of Services (a copy of which has been marked as Exhibit A attached hereto and made a part hereof by reference) (hereinafter referred to as the Work or Scope of Services) as set forth in the solicitation (the first page of the solicitation has been marked as Exhibit B attached hereto and made a part hereof by reference). 2. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 3. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications, project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ( "hereinafter referred to as "Bid Documents ") and any documents to which these documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 4. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed which may be an email from the City Manager to Contractor, and shall complete all Work hereunder within the length of time set forth in the Contract Documents. S. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract as set forth in the price sheet that has been marked as Exhibit C attached hereto and made a part hereof by reference, subject to additions and deductions as may be provided for in the Contract Documents and any properly 'approved written change orders. The expenses of performing the Work after regular working hours, and on Sunday and legal holidays shall be included in the above price. The Contractor agrees to work during such hours and on such days as may be required by the City. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized in writing by the City. 6. If the Work is for the construction of a structure or a facility, the Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 8. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed.upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $300.00 dollars per day, plus any monies paid by the City due to such delay. 9. If a Bond is required by the bid solicitation, it is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful TP 3/3/14 performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. 10. No additional Work or extras shall be done unless the same is duly authorized in advance of the work by appropriate action by the Owner and in accordance with the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: (print name of Witness) (print name of Witness) CONTRACTOR: Signature: Name: Title: AUTHENTICATION: OWNER: ' CITY OF SOUTH MIAMI Signature: Signature: Maria Menendez Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution thereof: Signature: City Attorney TP 3/3/14 w CITY OF SOUTH MIAMI Scope of Services Invitation to Quote "SIDEWALK REPAIR AT MARSHALL WILLIAMSON PARK" SCOPE OF WORK The work specified in this ITQ consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary to perform the following Work. The purpose of this ITQ is to select a vendor to perform sidewalk repair throughout Marshall Williamson Park, located within the City of South Miami. The site is located at 6125 SW 68 Street, South Miami, Fl 33143. Work covered under this contract shall include and is not limited to maintenance of traffic, root pruning as required, concrete removal and disposal. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project , and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. Contractor shall follow Miami -Dade County Standard for Sidewalks, attached R13.1. The sidewalks shall be ADA accessible. The maximum cross slope permitted along sidewalks is 2 percent and the width shall be at least 5 feet wide. The slope of the level landing (if any) should not exceed 2 percent in any direction, and the dimensions of the level landing should be at least 5 ft x 5 ft if applicable. The full width of the circulation path should be free of protruding objects. Contractor shall furnish all materials and equipment necessary to secure completion of the work. At present, the selected areas (approximately 220 SY) have been designated for sidewalk repairs as shown in the exhibits below: Exhibit 1 (80 SF = 8 SY) Exhibit 2 (480 SF = 53 SY ) 'I Exhibit 3 (120 SF - 13 SY) N• ..-+ -� l i Exhibit 4 (90 SF = 10 SY) Exhibit 5 (80 SF - 8 SY) Exhibit 6 — Miscellaneous Areas (200 SF = 22 SY) Exhibit 7 (425 SF - 47 SY) am Exhibit 8 (320 SF - 35 SY) Exhibit 9 (80 SF - 8 SY) I i 3 `"' �z X 2� �I ai e LJ Z O J Z z3 0 C W v, d r Q o oc 1- Li wx H p J Y J I !: g, a z; i•O ww NWT vi 3 z t- y c3 0 W N y Q a23Ow H W C ci Ow,.� z 8z r N Y IL o m N W z i T `o w Z V 1- 4 METROPOLITAN DADE COUNTY PueLc w`OP.Ks DEPARTMENT O 7 A w S. Y 1- A��ROVlO Q a z z 2 N z gJ w� O W W Z a- ai N i Z —IRS I Q1 i O Y W a C WC 3~ 1. a �y Z, } U. w j W O F O Y ti q : Wu 0,�'} a[ o J = a a i� m �-� 3 d Q Z'W � w' > • L I cr Q a R[w89p 5/17 /7; 2/22/7-F 6/4/86 STANDARD ROAD DETAIL SIDEWALK CONSTRUCTION z o¢ � W W Q = u V N_ O yl S 2 io U d ic W N N u e Y ,W N W W � A ' H z u 1- R 13.1 SWEET I Oil I� Y 3 u1 C Y $!:v of ti .YyO r Q o oc 1- Li wx H p J I !: g, a z; i•O ww NWT vi t/1 � z t- y c3 0 W N y Q a23Ow 2 V q O C ci Ow,.� z 8z IL o m N Q i N i Z —IRS I Q1 i O Y W a C WC 3~ 1. a �y Z, } U. w j W O F O Y ti q : Wu 0,�'} a[ o J = a a i� m �-� 3 d Q Z'W � w' > • L I cr Q a R[w89p 5/17 /7; 2/22/7-F 6/4/86 STANDARD ROAD DETAIL SIDEWALK CONSTRUCTION z o¢ � W W Q = u V N_ O yl S 2 io U d ic W N N u e Y ,W N W W � A ' H z u 1- R 13.1 SWEET I Oil $ cr uj t . a % § B § , 2 . E §oj � s � §§2 » � -- ' . � � � � ■o j \ w ilk � a �¢� zt§ - zv� § § \� �§ k ' g ■�/ §■§o q . 3 /crX �cr meow kIn w2 ft- E« z . § ■�& - � - ■ a � w� - � b §� 2 & o o , zms # � � @ . � METROPO LMAN -a■ STANDARD ROAD DETAIL DADE CITY ©® °° STANDARD SIDEWALK PUIL< WORK ■ r _a: , 132 DEPARTMENT ' TRANSITION s ■ET ±2± CONTRACTOR IS TO COMPLETE THE SCHEDULE OF VALUES: Item Item Description Qty Units Unit Price Amount 1 Mobilization LS 1 $1,500.00 $1,500.00 2 Maintenance of traffic (pedestrian) LS 1 $800.00 $800.00 3 Root pruning (as needed) 4 Concrete removal (as needed) 5 4" concrete sidewalk SY 204 58.81 $11,997.24 6 7 TOTAL $14,297.24 z •5�7' �4c E I pd i yy !y q q ! 'iSy � � O * a• • I ri ' x •� � SY ? � �.. �'�.J � � `�� � � vii � pp It CC p I r` q tA .. ...o : loll q o F gb ................ y v .....: aa.... CO hfl 1p *2 $� FL4.. y� ����ri� q �•J.a r f �� � N W iW4d �g 9 O ° n8 �m� mg m rn r' I I• Exhibit I INSURANCE AND INDEMNIFICATION 1.1 Insurance - A. Without limiting its liability, the vendor, contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub - contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 2.1 Firm's Insurance Generally The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:. A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the Rev:10/29/13 limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub- Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. C. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim D. Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and Operation (2) Independent Contractors (3) Products and /or Completed Operations Hazard (4) Explosion, Collapse and Underground Hazard Coverage (5) Broad Form Property Damage (6) Broad Form Contractual 'Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. (7) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily.Injury Liability and Property Damage Liability. Rev:10/29/13 E. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a 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) Hired and Non -Owned Vehicles (3) Employers' Non - Ownership 3.1 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM for CITY 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, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the course of construction, 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, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.1 Miscellaneous. A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability on the part of the CITY to the FIRM for such cancellation. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. Rev: 10/29/13 C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM must provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) an endorsement to the policy stating: "The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to provide first notice of claim for any liability it incurs and that arises out of the acts, omissions or operations of the named insured. The insurer will pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury ", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B "; (2) an endorsement that states: "This policy shall not be cancelled (including cancellation for non - payment of premium), terminated or materially modified without first giving the City of South Miami 20 days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." 6.1 Indemnification A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the FIRM or anyone acting through or on behalf of the FIRM. Rev: 10/29/13 B. The FIRM agrees to indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees incidental there to, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the FIRM, its contractor /subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, which arises out of or is concerning the use of CITY property or the service, operation or performance of any work that is being performed for the CITY or of any event that is occurring on the CITY's property. C. The FIRM shall pay all losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and /or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them. D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its contractor /subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the FIRM, its contractor /subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. Rev: 10/29/13 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement Under Section 287.133(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 to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s) /firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s) /firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. S. 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 with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 of 10 ATTACHMENT #I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I . This sworn statement is submitted to City of South Miami [print name of the public entity] by Luis I. Rodriguez, President & CEO [print individual's name and title] for Pontifex Construction Group Inc. [print name of entity submitting sworn statement] 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 of the individual signing this sworn statement: N/A ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 2 of 10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order.] Page 3 of 10 Continuation of Attachment #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 THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD- AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STAT T S OR CATEGORY TWO OF ANY CHANGE IN THE I HIS FORM. • Notary Public - State of Florida My Comm. Expiras Jul 6, 2014 t Commission # EE 6812 - . . [signature] Sworn to a subsc�ri d befor me this 17th day of April , 20 14 X Personally known or Produced identification Notary Public — State of Florida My commission expires bl - Ob- Zol + (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PU R 7068 (Rev.06/ 1 1 /92) Page 4 of 10 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business -that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's I d� Signature: Print Name: Luis I. Rodriguez, Date: 04 -17 -2014 Page 5 of 10 ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" Submitted this 17th day of April . 29 14 The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response /submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response /submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: Name Sueet •.. Luis I. Rodriguez 8720 SW 83rd Street Miami FL 33173 The Bidder /Proposer further certifies that this response /submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which, the response /submission pertains. A- > Signature: Printed Name: Luis I. Rodriguez Title: President & CEO Telephone: 305 - 218 -9425 Company Name Pontifex Construction Group Inc. Continuation o f Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this ' 1 7th day of April _ —.20 14 by Luis I. Rodriguez (name of person whose signature is being notarized) who is r� SEAL X Personally known to me, or Personal identification: Type of Identification Produced X Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 7 of 10 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, Pontifex Construction Group Inc. (Name of Contractor), hereby acknowledge and agree that as Contractors for this Solicitation, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. C *0I�r:7_T"90 BY: Luis I. Rodriguez Name President & CEO Title Witness• FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8of10 ATTACHMENT #S "RELATED PARTY TRANSACTION VERIFICATION FORM" I Luis I. Rodriguez , individually and on behalf of Pontifex Construction Group Inc. ( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City ")'s Code of Ethics, Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1', who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[See Note #1 below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #I below]; and (4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and /or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: Print Name & Title: Luis I. Rodriguez, President & CEO Date: 04 -17 -2014 ATTACHED: Sec. 8A -I - 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 known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the.signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(I ) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used cir where such employment or any part thereof is to be performed on city time. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than IS employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. . (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment -prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any-of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFf , RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6 -99 -1680, § 2, 3 -2 -99) Editor's note- Ord. No. 6 -99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced them with new §§ 8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...11, 1969. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or maKriage 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. CITY OF SOUTH MIAMI EXHIBIT 3 TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS INVITATION TO QUOTE: "SIDEWALK REPAIR AT MARSHALL WILLIAMSON PARK" ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: ity of South Miami Project Name: Sidewalk Repair Marshall Williamson Park Project Address: 6125 SW 68 Street, South Miami, FL 33143 Prepared by: Cathrine J Lara 03/18/2014 NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act of 1968, as amended; the Copeland Anti - Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The Bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the Project) LIR Inifials 2- NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) [CDBG1 Miami-Dade County PHCD Page 3 12. Have you ever defaulted on a Contract? No Please explain on a separate sheet. 13. Through what personnel or affiliations do you propose to provide knowledge of local design and construction problems and methods? We adhere to Florida Department of Transportation, Standard Specifications for Road and Bridge_ Construction as well as implementing Design Standards 14. a) The undersigned has attached a detailed financial statement and furnish any other information that may be required by Miami -Dade Office of Community and Economic Development? LIR (Initials) The Bidder promises to defend, indemnify and hold harmless the City of south Miami (agency name) and Miami -Dade County with regard to any disclosures or information received,, whether at trial, in arbitration or on appeal. LIR (initials) 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on a copy of the submitted financial statement. LIR (initials) 17. The undersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by thecity of South Miami(name of agency) in verification of the recitals comprising this statement of bidder's experience LIR (fnitlals) SUBSCRIBED AND SWORN TO (or affirmed) before me on April 17th 2014. Date �t By _ Luis I. Rodriguez He She is personally known to me or has presented (Affiant) N/A as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp Name of Notary) (Expiration Date) Notary Notary Seal Public (State) �,►�'' •r DANIEL AZEL Notary Public • State of Florida 3y " r My Comm. Expires Jul 6, 2011 �,gi� ��, �� Commission 0 EE 6312 Page 2 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Mlami -Dade County PHCD Page 5 Page 1 of 5 General Decision Number: FL140168 02/21/2014 FL16B Superseded General Decision Number: FL20130168 State: Florida Construction Type: Heavy County; Miami -Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number 0 1 2 ELEC0349 -007 09/01/2012 Publication Date 01/03/2014 02/07/2014 02/21/2014 Rates Fringes ELECTRICIAN Total value of Electrical work on roject including materials over $2,000,000...$ 30.11 Total value of Electrical work on Project including materials under $2,000,000..$ 27.15 ENGI0487 -017 07/01/2013 9.56 9.18 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) ....................$ 28.32 8.60 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler /Apprentice); Hydro /Friction Cranes without Oiler /Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck ..................$ 29.05 8.80 Cranes with Boom Length http:// wdol. gov/ wdol/ scafiles /davisbacon/FL168.dvb ?v =2 3/18/2014 Page 3 of 5 OPERATOR: Scraper ...............$ 11.00 1.74 OPERATOR: Trackhoe ..............$ 20.92 5.50 OPERATOR: Tractor ...............$ 10.54 0.00 TRUCK DRIVER, Includes Dump Truck ............................$ 9.60 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 12.73 0.00 TRUCK DRIVER: Off the Road Truck .............................$ 12.21 1.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited types) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011'. The first four letters , PLUM, indicate the international union and the four - -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Loral 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually http://wdol.gov/wdol/scafiles/davisbacon/FL168.dvb?v=2 3/18/2014 Page 5 of 5 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// wdol. gov /wdol /scafiles /davisbacon/FL 168.dvb ?v=2 3/18/2014 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140.) 2. Withholding. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which Is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, Including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or Its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described In Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 6.5 (a)(1)(Iv) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program described In Section I(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete I communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs. (Approved by the Office of Management and Budget under OMB Control .Numbers 1215 -0140 and 1215- 0017.) (11) (a) The contractor shall submit weekly for each week In which any contract work is performed a copy of all payrolls 'to HUD or Its designee If the agency is a party to the contract, but If the agency Is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintalned under 29 CFR 5.5(a)(3)(1) except that full social securlty numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an Individually Identifying number for each last four -dlglts of-Me emp oyee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 Is available for this purpose from the Wage and Hour Division Web site at http•//www do! cov/esa/whd /forms /wh347insfr,htm or Its successor site. The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Its designee If the agency is a party to the contract, but If the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It Is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for Its own records, without weekly submission to HUD or Its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following; (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5,5 (a)(3)(11), the appropriate Information Is being maintained under 29 CFR 5.5(a)(3)(i), and that such information Is correct and complete; form HUD -4010 (0612009) 'age 2 of 5 ref, Handbook 1344,1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less then the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (ill) Equal employment opportunity. The utilizalton of apprentices, trainees and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 6. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are Incorporated by reference In this contract 6. Subcontracts. The contractor or subcontractor will insert In any subcontracts the clauses contained In fagfapt18 -A -1#r it+ hl¢turag antl-S -HCh other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses In this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12, 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davls -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither It (nor he or she) nor any person or firm who has an interest in the contractor's firm Is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (II) No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Ili) The penalty for making false statements Is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions ", provides in part: "Whoever, for the purpose of ... Influencing In any way the action of such Administration...., makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or Imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or In any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any — -Gamma o"a1Hu ad_ Qr_ Ity - proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used In this paragraph, the terms " laborers" and "mechanics" Include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual Is employed on such work to work In excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked In excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth In subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (In the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed In violation of the clause set forth in subparagraph (1) of this paragraph, Inthesum of $10foreach calendar day on which such individual was required or permitted to work In excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 INSURANCE REQUIREMENTS The term "Contractor ", as used in this document, refers to the entity providing construction type services. The terms "owner' and "sub - recipient' are used interchangeably, and refer to the entity receiving Federal funds directly from PHCD. I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s) and original policies described hereunder. A. New Construction projects include construction of a new building; addition of dwelling units outside the existing walls of a structure, etc. B. Major Rehabilitation includes additions to existing buildings; Installation of new infrastructure; rehabilitation of existing structures (costs at or over 25% of the value of the property), etc. C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures — moderate home rehab; repairs and rehab to homes such as installation of new windows, shutters, doors, interior renovation, (costs not to exceed 25% of the value of the property); and the actual acquisition of land and for the purpose of developing affordable housing units (does not include actual construction of the units). D. Commercial Revitalization includes rehab to the facade of existing structures to enhance the neighborhood and its surroundings. II. Insurance required by project type: PROJECT TYPE REQUIRED CERTIFICATE(S) OF INSURANCE A. New Construction B. Major Rehabilitation Workers Compensation Insurance- for all employees of the C. Minor Rehabilitation and Land Acquisition Contractor as required by Florida Statute 440. D. Commercial Revitalization A. New Construction Professional Liability Insurance- in the name of the Contractor or the B. Major Rehabilitation licensed design professional employed by the Proposer in an amount of not less than $250,000. Commercial General Liability — on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount D. Commercial Revitalization not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional Insured with respect to this coverage. Commercial General Liability —on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount C. Minor Rehabilitation and Land Acquisition not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional Insured with respect to this coverage. Commercial General Liability — on a comprehensive basis, including A. New Construction Explosion, Collapse and Underground Liability coverage in an amount not less than $1,000,000 combined single limit per occurrence for bodily B. Major Rehabilitation Injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. A. New Construction Automobile Liability Insurance- covering all owned, non -owned and B. Major Rehabilitation hired vehicles used in connection with the work, In an amount not less C. Minor Rehabilitation and Land Acquisition than $500,000 combined single limit per occurrence for bodily injury and D. Commercial Revitalization property damage. Completed Value Builders Risk Insurance- on al "All Risk" basis in A, New Construction an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name B. Major Rehabilitation of the sub - recipient and the Contractor, and Miami -Dade County must be listed as a loss p2yee. AII insurance requirements must be verified at the time of the pre-construction meeting.Yf/ Page 1 of 2 e - INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 7 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS A. "DAVIS- BACON" ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis -Bacon Act (40 USC 276a to a -7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not- less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each • set of bid documents and incorporated in each contract, subcontract, and any lower -tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in Form HUD -4010 and those requirements contained in Wage General Decision Number FL140168 2 0212812014 FL168 — HEAVY or this project." E. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provisions for termination are as follows: Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor /Owner upon no less than ten (10) working days' notice when the Principal Contractor /Owner determines that it would be in the best interest of the Principal Contractor /Owner and the Public Housing and Community Development (PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of deliveRR InMals Page 1 3 7- PROVISIONS 70 BE INCORPORATED IN CONSTRUCTION CONTRACTS 0. Miami -Dade County PHCD Page 9 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami -Dade Public Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and trpnscriptions in compliance with the above. LIR Initials Page 3 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Mlaml -Dade County PHCD Page 11 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements in excess of $100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the unTers7gne s a comp an rr a rm , _* - Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Print: Luis I. Rodriguez Title: President & CEO Date: 04 -17 -2014 Business Address: 8720 SW 83rd Street Miami, FL 33173 9- CERTIFICATION REGARDING LOBBYING Miami -Dade County PHCD Page 13 To Demonstrate Compliance: Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority and /or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow -up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on- the -job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply . copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance:' Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. LIR Initials Page 2 of 5 10 - AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 15 To Demonstrate Compliance: Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written and oral) with minority and women employees requesting their assistance in recruiting other minorities and women, and record results. If contractors normally provide after - school, summer, and vacation employment, it must have copies of letters to organizations under Item 9 describing those opportunities and must have responses received and results noted on letters or in a follow - up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60 -3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12, above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e) the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single -user toilets and necessary changing facilities to assure privacy between the sexes. LIR Initlals Page 4 of 5 10 - AFFIRMATIVE ACTION STANDARDS Miaml -Dade County PHCD Page 17 CERTIFICATION OF COMPLIANCE WITH PART 60 -2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has (x) has not ( j, participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has (x) has not ( ) developed a written affirmative action compliance program for each of his establishments; that he has (x) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and /or subcontract award. NOTE Agency Name: FDOT; Miami -Dade County Full Address (including City, ST and Zip) Pontifex Construction Group Inc. 8720 SW 83rd Street Miami, FL 33173 Authorized Signature: Print Name: Luis I. Rodriguez Check one, as applicable: Contractor X Subcontractor Other Employer ID NFID #: 26- 2219380 Title: President &CEO 11 - CERTIFICATION OF COMPLIANCE WITH PART 60.2 AFFIRMATIVE ACTION PROGRAMS Miami -Dade County PHCD Page 19 E. BYRD ANTI - LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. F. FULL DISCLOSURE BY THE CONTRACTOR /BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE - -1 OF FLORIDA. OR MIAMI -DADE COUNTY AT TIME OF A This certification applies to a contract or subcontract in excess of $25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to City of South Miami (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred,• or proposed for debarment by the Federal Government, State of Florida, or Miami -Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to City of South Miami (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami -Dade County. G. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. Page 2 of 3 12 -OTHER CERTIFICATIONS Miami-Dade County PHCD Page 21 CERTIFICATION REGARDING DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and. specifying the actions that will be taken against employees for violation of such prohibition; about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling; rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2),,with respect to any employee who is so convicted Page 1 of 2 13 - CERTIFICATION REGARDING DRUG -FREE WORKPLACE Page 23 Miami -Dade County PHCD ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 19681 TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing Dusiness concerns located WftW OT owned- In substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: Pontifex Construction Group Inc. SIGNATURE: ADDRESS: 8720 SW 83rd Street Miami, FL 33173 DATE: 04 -17 -2014 14 - ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) MiamVDade County PfiCD Page 25 Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3. please contact: Norissa Nelson, Resident Services Coordinator Public Housing and Community Development 701 NW 1 st Court, 14th Floor Miami, Florida 33136 Office: 786- 469 -4162 Email: Section3(a),miamidade.gov LIR lniti Page 2 of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County PHCD Page 27 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be 0 new employees hired during the performance of this contract. Furthermore, should this contract. be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least 0 percent ( %) from the Section 3 Covered Area (Dade County, Florida). 4, The Bidder estimates that percent ( %) of those materials purchased for use on this project will be from business located in the Section 3 Covered Area (Dade County, Florida) 1, Luis I. Rodriguez (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the Housing and Community Development. Agency_ Name: Employer ID NFID #: Pontifex Construction Group Inc. 26- 2219380 Full Address (including City, ST and Zip) 8720 SW 83rd Street Miami, FL 33173 Authorized Signature: Print Name: Title: Luis I. Rodriguez President & CEO Check one, as applicable: X Contractor Subcontractor Other 17 - BIDDER'S INITIAL SECTION 3 GOALS Miami-Dade County PHCD Page 29 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or Page 2 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Mlami -Dade County PHCD Page 31 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall' take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. Name: Employer ID # /FID #: Full Address (including City, ST and Zip) 8720 SW 83rd Street Miami, FL 33173 Authorized Signature: _ Print Name: Title: Luis I. Rodriguez President & CEO Check one, as applicable: X Contractor Subcontractor Other 19 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami -Dade County PHCD Page 33 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of, subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full -time employment, temporary employment of more that three days' duration, and part time employment. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily 14.VVa,1.ILa.aw va. F.c. a...a.. .a v. va....a....a.. a... a. .... .. ., ... ..� ... ... ..��......�. .J �.. .�. .���..- .J .... .. �.� the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established 'recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event of the Contractor's non - compliance with the requirements of this clause, actions for non - compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Page 2 of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami -Dade County PHCD Page 35 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: X. Recruitment, advertising, and job application procedures; xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of pay or any other form of compensation and changes in compensation; xiii. Job assignments, job classifications, organizational structures, position xiv. Leaves of absence, sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3) In the event of the Contractor's non- compliance with the requirements of this clause, actions for non - compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Pagel of 2 21'- EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County PHCD Page 37 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60 -4.2 (d) THE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as follows: A. GOALS FOR MINORITY UTILIZATION, All Trades. — I Area Covered: Dade County, Florida Goals and Timetables * Timetable Trade Goal Until Further Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. LIR Initials Page 1 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 39 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, _color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of Lt 1L VL 1�I l MI FuWwl WP `✓aa. -- •...r•v F ... " .. ... r—. -..._ —_____ __ ...— records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated,, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with. respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. LIR Initials Page 3 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 91246) Miami -Dade County PHCD Page 41 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as =hmuf&=o€ _ t-,and... female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order, 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: LIR Initials Page 5 of 10 /� 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 5 (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 43 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of K Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. LIR Initials Page 7 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 70 ENSURE EQUAL EMPLOYMENT OPPORTUNITY .1!✓�/ (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 45 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to, comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, -hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. LIR Initials Page 9 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 47 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are tl GCilGl.i lfue 1114 f origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of 2 "1j 23 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 J/ Miaml -Dade County PHCD Page 49 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other-storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of- its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: - - Print: Luis I. Rodriguez Title: President & CEO Date: 04 -17 -2014 Business Address: 8720 SW 83rd Street Miami, FL 33173 Page 51 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act,. as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has (X), has not () been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to ns -pa on, rn-oniton rvg, -am ry ; rep arMbss�, a n cdr- inforat3an, - as- weii as aft-other requ)rem specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub - contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Pontifex Construction Group Inc. Name of Bidder Authorized Signature 04 -17 -2014 Date 26. NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.D.) 11739 AND EPA REGULATIONS PROVISION MiarnkDade County PHCD Page 53 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, -attempting to obtain, or performing a public of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Pontifex Construction Group Inc. Name of Bidder Signature 04 -17 -2014 Date 8720 SW 83rd Street Miami FL 33173 Official Address (including Zip Code) 28 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Page 55 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 of 3 29 - PUBLIC ENTITIY CRIMES AFFIDAVIT MIamI -Dade County PHCD Page 57 �5- Form W -8BEN (Rev. February 2006) Department of the Treasury Internal Revenue Service Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding OMB No. 1545 -1621 ► Section references are to the Internal Revenue Code. ► See separate instructions. ► Give this form to the withholding agent or payer, Do not send to the IRS. Do not use this form for Instead, use Form: • A U.S, citizen or other U.S. person, Including a resident alien individual . . . . . . . . . . . . . . . . . . . . W -9 • A person claiming that Income is effectively connected with the conduct of a trade or business in the United States . . . . . . . . . . . . . . . . . . . . . . . . . W -BECI • A foreign partnership, a foreign simple trust, or a foreign grantor trust (see instructions for exceptions) . . . . . . . W -BECI or W -81MY • A foreign govemment, international organization, foreign central bank of Issue, foreign tax - exempt organization, foreign private foundation, or government of a U.S. possession that received effectively connected Income or that Is claiming the applicability of saution(s) 115(2), 501(o), 892, 895, or 1443(b) (see insfructlons) . . . . . . . . . .W -BECI or W -BD(P Note: These entitles should use Form W -8BEN If they are claiming treaty benefits or are providing the form only to claim they are a foreign person exempt from backup withholding. • A person acting as an Intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W -RIMY Note: See instructions for additional exceptions. of Beneficial Owner 1 Name of Individual or organization that is the beneficial owner 12 Country of incorporation or organization Pontifex Construction Group Inc. _ United States, FL 3 Type of beneficial owner: ❑ Individual ® corporation ❑ Disregarded entity ❑ Partnership ❑ Simple trust ❑ Grantor trust ❑ Complex trust ❑ Estate ❑ Government ❑ International organization ❑ Central hank of Issue ❑ Tax - exempt organization ❑ Private foundation 4 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or In- care -of address. 8720 SW 83rd Street or town, state or province. Include postal code where appropriate. I Country (do not abbreviate) 5 Mailing address (if different from above) City or town, state or province. Include postal code where appropriate. ! Country (do not abbreviate) B U.S. taxpayer Identification number, If required (see Instructions) I 7 Foreign tax identifying number, if any (optional) 26- 2219380 El SSN or ITIN D EIN 8 Reference nuniber(s) (see instructions) Claim of Tax Tregy Benefits (if applicable) 9 1 certify that (check all that apply): a ❑ The beneffelal owner is a resident of ----- - - - - ---- - - - - - -- - - - - - within the beaning of the Income tax treaty between the United States and that country. b ❑ If required, the U.S, taxpayer Identification number is stated on line 6 (see instructions). c ❑ The beneficial owner is not an individual, derives the item (or items) of income for which the treaty benefits are claimed, and, if applicable, meets the requirements of the treaty provision dealing with limitation on benefits (see instructions). d ❑ The beneficial owner is not an individual, is claiming treaty benefits for dividends received from a foreign corporation or interest from a U.S. trade or business of a foreign corporation, and meets qualified resident status (see Instructions). e ❑ The beneficial owner is related to the person obligated to pay the income within the meaning of section 267(b) or 707(b), and will file Form 8833 if the amount subject to withholding received during a calendar year exceeds, In the aggregate, $500,000- 10 Special rates and condMons (If applicable —see instructions): The beneficial owner is claiming the provisions of Article - - ------- - - - - of the treaty identified on line 9a above to claim a --- ------- - -- --% rate of withholding on (specify type of Income ):.- . ........... ....... ....... . Explain the reasons the beneficial owner meets the terms of the treaty article:... ...................._ _..__.__- _- ___--- _._..._....... Notional Princi ai Contracts 11 ❑ I have provided or will provide a statement that Identifies those notional principal contracts from which the income is not effectively connected with the conduct of a trade or business in the United States. I agree to update this statement as required. Certification Under penalties of perjury, I declare that I have examined the Information on this form and to the best of my knowledge and belief R is true, correct, and complete. I further certify under penalties of perury that. 1 1 am the beneficial owner (or am authorized to sign for the beneficial owner) of all the Income to which this form relates, 2 The beneficial owner Is not a U.S. person, 3 The Inwrne to which this form relates Is (a) nat effectively connected with the conduct of a trade or business In the United States, (b) effectively connected but is not subject to tax under an incorne tax treaty, or (c) the partner's share ai a partnarehip's effectively connected income, and 4 For broker transactions or barter exchanges, the beneficial owner is an exempt foreigr Parson as defined in the instructions. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which I am the beneficial owner or any withholding agent that can disburse or make payments of the Income of which I am the beneficial owner. Sign Here 04 -17 -2014 President Z - ,- -••-- ---�-, ---- --- -i -- - --a--- - - --•- -- -- - -•- --- - - -- --- ------------------- - - - - -- Signature of beneficial owner (or, individual authorized to sign for beneficial owner) Date (MM- DD -YYYY) Capacity in which acting For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 250472 Form W -8BEN (Rev. 2 -2iaop 0 Printed on Recycled Paper ' r ADDENDUM No. #1 Project Name: Install Bow -on Certified Playground Mulch /Turf at Various Parks ITQ NO. PR2014 -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 part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1: The scope of services requires the blow -on playground mulch be IPEMA Certified ASTM F 1292 -04. Is this certification for the blow -on mulch required? Answer to Ouestion #I: No. Certified blow -on mulch must meet the latest standards including ADA Certified ASTM F1951. Playground Mulch must meet HIC (head impact criteria) and application depth of at least 12" to be fully effective in its safeness and wheelchair accessible. Ouestion #2• Is the application depth of the mulch, 12 ", after compaction? Answer to Ouestion #2: Yes. The application depth of 12" is after compaction. Pagel of 2 Question #3: Is the estimated quantity of mulch required, 150 CY, per park for 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 on top of the existing mulch at each playground site? Answer to Ouestion #4: Yes. The blow -on mulch can be applied on top of the existing mulch at each playground site. Question #5: Does the City require any particular color of mulch to be applied at each playground site? Answer to Question #5: The City expects the blow -on mulch provided to be either red or a reddish brown in color 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 of 2 ADDENDUM No. #2 Project Name: Sidewalk Repair Marshall Williamson Park ITQ NO. PR2014 -05 Date: April 11, 2014 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1: Can you advise the approximate square yards of concrete the contractor will be expected to remove from the project site? Answer to Question #I: The awarded contractor will be expected to remove a like amount of concrete that will be installed from the project site. Qu_e_s_tion #2: Are there any other permits, other than through the City of South Miami, that are the responsibility of the contractor? Answer to Question #2: The contractor is responsible to apply for any and all permits associated with this project. Permit fees will be waived for permits issued by the City. The contractor must apply for any permits issued by another government and is responsible for those permit fees. Pagel of 3 Question #3: Can the City provide an opinion regarding the base material at the project site? Answer to Question #3: The City is not anticipating changes in the base material. No additional base material is being considered for the project. The base will need to be re- compacted for the new sidewalk installation. Ouestion #4• Is the contractor responsible for damage to the project site as a result of work performed by the contractor addressed in the Scope of Services? Answer to Question #4: Yes. The contractor is responsible for damage caused as a result of performing the work addressed in the Scope of Services. This would include, but limited to, damage to; trees, grass, City equipment, signage, curbs, etc. Ouestion #5: Are root barriers required to be supplied and installed by the contractor? Answer to Question #5 No root barriers will be required for this project. Question #6: Can the City provide any director for root removal, if required, at the project site? Answer to Question #6: The City's arborist will be working with the awarded contractor for this project to answer questions and provide direction for root removal, if required. Question #7: Is a partial or the entire sidewalk flags to be replaced by the contractor? Answer to Question #7: The estimated quantity was obtained assuming the replacement of the entire flag. Page 2 of 3 Question #8: Can the City clarify if the debris from the work needs to be hauled every day or if a dumpster container is acceptable? Answer to Question #8: The City will allow the use of a dumpster container for the debris. Question #9: Does this project include Davis Bacon and Section 3 requirements? Answer to Question #9: Yes, for further details please refer to Addendum No. I which includes Exhibit 3 of the ITQ and a complete copy of "Attachment A to Bid Package" for Davis Bacon and Section 3 requirements. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of 3 ADDENDUM No. #3 Project Name: Sidewalk Repair Marshall Williamson Park ITQ NO. PR2014 -05 Date: April 14, 2014 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #I: What type of joint will be required for matching existing concrete sidewalk? Answer to Ouestion # 1: The Miami -Dade County Public Works Manual Standard Detail R13.1 included within the scope of work defines that the type of joint between existing and new sidewalks is a Type A (Open Type Joint). Question #2: What amount of bid bond if any will be required? Answer to Ouestion #2: A bid /proposal bond or performance bond is not required for this project. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page l of l