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Res No 073-17-14874RESOLUTION NO.: 073-17-14874 A Resolution authorizing the City Manager to negotiate and to enter into an agreement with ATF Builders, Inc. for a new playground structure and batting cage renovations at Palmer Park. WHEREAS, the City received a Florida Recreation Development Assistant Program grant from the Florida Department of Environmental Protection for Palmer Park. The grant, in the amount of $50,000, agreement provides funding for demolition and installation of a new playground structure, batting cage and fence renovations. This grant does not require matchied funds from the City of South Miami; and WHEREAS, the current antiquated preschool (ages 2-5 years) playground requires replacement; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department submitted a Request for Proposal ("RFp lI ) #PR2017-03 on Monday, February 27, 2017 for "Installation of New Playground and Batting Cage Renovations at Palmer Park;" and WHEREAS, the City received five (5) proposals; ATF Builders, Inc. submitted a playground design that incorporates multiple types of play elements as space allows to ensure a play environment that encourages and develops a wide range of skills and developmental opportunities for our kids. Furthermore, ATF Builders, Inc. was the lowest bidder and is in compliance with the terms of the RFP; and WHEREAS, this project in the amount of $38,937.60 can be completed within the awarded grant budget of $50,000 dollars; and WHEREAS, the City desires to provide a contingency of $5,000 over the proposal amount for unknown factors that may arise during the work; and WHEREAS, the total expenditure shall not exceed $43,937.60 dollars. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to negotiate and to enter into an agreement with ATF Builders, Inc. for a new playground structure and batting cage renovations at Palmer Park. Section 2: The total expenditure in the amount of $38,937.60 shall be charged to Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $800,725 before this request was made. Section 3: The City Manager is authorized to expend an additional $5,000 over the proposal amount of $38,937.60 for unknown factors. Pg. 2 of Res. No. 073-17-14874 Section 4: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 18th day Of-->.OA_p_r_il ___ --', 2017. nT2_ ~~ AS TO FORM TION APPROVE~~ fA I A. 11 /V,IU~ MAYO' COMMISSION VOTE: 5-0 Mayor Stoddard Yea Vice Mayor Welsh Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Harris Yea ~ South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: . The Honorable Mayor & Members of the City Commission FROM: Via: DATE: SUBJECT: BACKGROUND: Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation Ll April 18, 2017 Agenda Item NO.:~ A Resolution authorizing the City Manager to negotiate and to enter into an agreement with ATF Builders, Inc. for a new playground structure and batting cage renovations at Palmer Park. The City received a Florida Recreation Development Assistant Program grant from the Florida Department of Environmental Protection for Palmer Park. The grant, in the amount of $50,000, agreement provides funding for demolition and installation of a new playground structure, . batting cage and fence renovations. This grant does not require matching funds from the City of South Miami. The current antiquated preschool (ages 2-5 years) playground requires replacement. The Parks Division has been taking a piecemeal approach to maintaining the aging structure which is no longer cost effective. Our goal in completing this project is to offer the public a safe and exciting place to play and to enhance the City's presence while providing new updated p.lay equipment. Through the Procurement Division, the City's Parks and Recreation Department submitted a Request for Proposal ("RFP") #PR2017-03 on Monday, February 27, 2017 for "Installation of New Playground and Batting Cage Renovations at Palmer Park." The City received five (5) proposals; ATF Builders, Inc. submitted a playground design that incorporates multiple types of play elements as space allows to ensure a play environment that encourages and develops a wide range of skills and developmental opportunities for our kids. Furthermore, ATF Builders, Inc. was the lowest bidder and is in compliance with the terms of the RFP. There is approximately $11,000 dollars remaining in grant funds which allows the City to conduct maintenance and repairs to the existing perimeter·fence at Palmer Park. SoutOOiami THE CITY OF PLEASANT LIVING VENDORS & BID AMOUNT: FUND & ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM A snap-shot summary of ATF's proposal features: • Demolition and disposal of existing playground structure. • Furnish and install a new preschool (ages 2-5 years) playground structure (14' X 16' X 10') within existing use zone area. • Six (6) elevated play activities and two (2) ground-level play activities. • Play activities include slides, steering wheel, be" panel, rock climber and more. • User capacity: 30. • Wheelchair accessible transfer station and is ADA compliant. • Batting cage (2) renovations. The proposed playground by ATF Builders, Inc. meets ASTM F1487-11 and CSPC standards. City staff consulted with the contractor's references as to hands on experience and received positive feedback. This project can be completed within the awarded grant budget of $50,000 dollars. Please find below a breakdown of a" submitted bids. BIDDER A: OPTION #1: B: OPTION #2 C: OPTION #3 PLAYGROUND BAnlNG CAGES COMBINED QUOTE ATF BUILDERS, INC. $32,378.36 $13,112.18 $38,937.60 [1] -/ PLAYWORX PLAYSETS, llC $28,418.46 $18,000 $46,418.46 STONEHENGE CONST.,llC N/A N/A $47,000 LEADEX CORP. $36,420 $13,525 $49,945 LEED CaNST. GROUP [2] $25,000 $54,800 $79,800 . Note: [1] ATF Builders, Inc. proposal includes a discounted rate if both projects are awarded. [2] Leed Construction Group withdrew its bid via email on 3/29/17. Amount not to exceed $38,937.60. To account for any unknown factors that may arise, a $5,000 contingency over the proposal of $38,937.60 is requested. The total expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $800,725 before this request was·made. (i', South~iami THE CITY OF PLEASANT LIVING AnACHMENTS: CllY OF SOUTH MIAMI OFFICE OF THE CllY MANAGER INTER-OFFICE MEMORANDUM Resolution Pre-Bid Conference Sign-In Sheet Bid Opening Report Cost Summary Email Confirming ATF's Combined Quote Proposal Summary SunBiz -ATF Builders, Inc. Demand StarResults RFP Advertisement ATF Builders, Inc. Proposal Date: RFP Title: RFP No.: , ' 2 -£dcJ. \.:e , '(~\(, ' ". 3 4 5 6 7 8 9 to 11 THE CITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet March 13, 201~7 ____ _ Installation of New Playground & Batting Cage Reno. at Palmer Park PR2017-03 I------.-.!-.----------I '~\..J ')' 'Z,.(. ~ '~6 ~~ J: FrzJ)vI L\ ',~ (Ii,-)) Dt 1.<~'Vd~I, <:t ,"~. " .. '. . r,vL~ JO(/,I./'I) 7f;J'f· ' ~~~~~~~~~;~~~~~~I lal,v/rfJAlI,/K,-i;ii.. e.. .. ~,~lfol('.. c .• " X;\Purchasing\Reques( for Proposals & Qualification (RPPs)\Palmer Park Playground and Batting Cage\Pre I3id\Pre-Bid Meeting Palmer Park Playground Batting Cage 3.1 J .17 ,doc I f I I \ r I I I I I \ \ BID OPENING REPORT Bids were opened on: Monday, March 27, 2017 after: lO:OOam For: Rli'P # PR 2017-03 Installatiollof New Playground and Batting Cage @ Palmer Pk COMPANIES THAT SUBMITTED I>ROPOSALS: OPTION #1 OPTION #2 OPTION #3 _ .. _ .. ·.-.·.··---··--------·.-----·--1.·--------·· --·--·-····-r·--· I 1. ATFBUILDERS,INC. 1·\k;3~:,),?)'7~L~b tJ'3,J/).·/g-~j>3£/F3···).ib·D! 2. LEADEX CORPORATION tt °r ...... l-l .. ,iDb.O_O "I ;;J,';;":> OD '!l.Ll ... Q,9 l15 wi 3. LEi~:D CONSTRUCTION GROUP ,~ r,. .d I ,1.L<. .)1 COo . cA) J!,'S4, gpO· Ou i 10 l-~ot.-:,. 00 4. PLAYWORKPLAYSETS,LLC f.i;.)'i?/I/~.L/lo :M'I!S/ObO.()(:) :f..J;CJ&)IC/[~·.i-IID! 5. STONEHENGE CO)JSTRUCTION.i il ~~;l.Lj"·llttJo .. to I I I I . _________ . ___ . ___ .. ___ l _________ J ______ -l THE ABOVE BIDS HAVE NOT BEEN CHECKl!:}). THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS lIA VE UEEN COMPLETELY REVIEWED. COST SUMMARY: RFP PR2017-03 "Palmer Park Playground Batting Cage Repair" NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BV THE CITV MANAGER Bidder ATF Builders Playwork Playsets Stonehenge Canst Lead ex Leed Constuction Low Bid by Option Option #1: Playground $32,378.36 $28,418.46 N/A $36,420.00 $25,000.00 Option #2: Option #3: Total, All Combined Batting cages Quote Columns $13,112.18 $38,937.60 $45,490.54 $18,000.00 $46,418.46 $46,418.46 N/A $47,000.00 $47,000.00 $13,525.00 $49,945.00 $49,945.00 $54,800.00 $79,800.00 $79,800.00 \ \ I \ \ t- \ \ I i RFP PRl017-03 "Palmer Park Playground Batting Cage Repair" NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER' Bid Package Public Entity Fed. Signed Bidder (10rg; 3 Bid Playground Playground Bidder Ref. List of Non Call. Crimes and Drug free OSHA State Related Presentation Proof of Contract Sun Biz Copies; 1 Form Warranty Drawings Qualif. Subs' Affidavit Conflicts of Workplace Stds Ustings Party Dec Ins with Digital) Interest Original Playwork Playsets x x N/A X X X X X X X X X X X X X x Stonehenge Const x x N/A X N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A X x leadex x X N/A X X X X X X X X X X X N/A X x ATF Builders x x N/A X X X X X X X X X X X X X X Lced N/A X X X X N/A X X X X X X X X X X X Constuction ~---.-----.--.--.---.-~ ... -.. -------------.-~ .. --.. ---- Detail by Entity Name Florida Profit Corporation ATF BUILDERS INC. Filing Information Document Number FEIIEIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Principal Address 6625 MIAMI LAKES DRIVE SUITE 427 MIAMI LAKES, FL 33014 Changed: 03/16/2016 Mailing Address 6625 MIAMI LAKES DRIVE SUITE 427 MIAMI LAKES, FL 33014 Changed: 03/16/2016 P15000083195 47-5262120 10/08/2015 10/07/2015 FL ACTIVE AMENDMENT 07105/2016 NONE Registered Agent Name & Address Valenti, Carlos Rey 6625 Miami Lakes Drive SUITE 427 Miami Lakes, FL 33014 Name Changed: 03/16/2016 Address Changed: 03/16/2016 Officer/Direclor Detail Name & Address Title President, CEO I D,V,SION OF CORPORATIONS I I I I I VALENTI, CARLOS R 6625 MIAMI LAKES DRIVE SUITE 427 MIAMI LAKES, FL 33014 Annual Reports Report Year 2016 2017 Filed Date 03/16/2016 02/10/2017 ' Document Images 22L191201I-=_<!I!iliiJ.f..J.I& .. Q!ul Vi"w imall" in PDF formal J Q7LQ.~.aQ.L!i.:::.!.\!!!!!j19!l\P1!! [View image ill PDF format J @.tUlI2Q.l§"::'-~~!..I.8!.li\;!?.QtnC\liew" illl&9; in PDF !or;;:;;Q 1Q/08/2015 ... POrl.lI!..!!!i0:'.£!!!i! Viow image in PDF [onn.11 ""] . Member Name Bid Number Bid Name 2 Document(s) found for this bid 14 Planholder(s) found. Supplier Name Advanced Starlight International Bliss Products & Services, Inc. Construction Journal, Ltd. Cunano Builders Co·rp ELCI Construction Group, Inc. Gomez & Son Fence link Systems LLC MG Contracting & Sons inc. No Fault Sport group Play Space Services, Inc. Playmore West, Inc. regal contractors inc Rep Services Inc. West Construction, Inc. & West Architecture + Design, LLC City of South Miami RFP-RFP #PR2017-03-0· 2017/SK Installation of New Playground and Batting Cage Renovation at Palmer Park Address 1 113 SW 5th Avenue 6831 S. Sweetwater Road 400 SW 7th Street 16259 sw 81 st 626 N.E. 124 ST. 2304 NW 30CT 5870 Hummingbird Court 22 Elm Gray Road 3112 Valley Creek Dr., Ste. C 3125 Skyway Circle 10271 Deer Run Farms Road po box 20075 581 Technology Park 318 S Dixie Hwy City Portland lithia Springs Stuart Miami N.Miami OAKLAND Titusville Torrance Baton Rouge Melbourne Fort Myers west palm beach Lake Mary Lake Worth Stat Zip Phone Attributes e OR 97205 5032225718 GA 30122 8002482547 FL 34994 8007855165 FL 33193 7862583719 FL . 33161 3058917990 FL 33332 3054718922 1. Small FL 32780 4074010031 Business CA 90503 3234702122 LA 70808 8666377678 FL 32934 3217750600 FL 33966 2397912400 FL 33416 5619067321 1. Small FL ~ 32746 4078319658 Business 1. Woman FL 33460 5615882027 Owned MIAMI DAILY BUSINESS REVIEW Published Daily except Satl.lrda)', SunOtly and Legal HOlidays Miami Mlaml~Dadtt CCtll)!Y. Florida STATE OF FLORIDA COUNTY OF f111IAMI-DADE: Before Ihe undersigl1ed authority personally appeared MARIA MESA. who on oatil says thaI he or she is \11e LEGAL CLERK. Legal Notices of the Miami Daily Business Review rrKla Millll1i Review, a daily (except Saturday. Sunday anc Legal Holidays) newspaper. published at Miami in Miami-Dade County, Florida; thaI the attached copy of advertisement. being a Legal Advertisement of Notice In the mailer of CITY OF SOUTH MIAMI-RFP #PR2017-03 in the XXXX Court, was published in said newspaper in the issues of 02128/2017 Affiant further says Ihat Ihe said Miami Daily Business Review is a newspaper pubtished at Miami, i" said Miami-Dade County. Florida and that the said newspaper tlas heretofore been continuously put)lished In said Miami ·Dade County. Florida each day (excepl Saturday, SU;1day and Legal Holidays) and has been entered as secono class mali matler at the post office in MlalTIi in said Miami·Dade COU:1:y, Florida, for a perioo of one year next preceding the first pubhcation of the attached copy of adverhsemenl, and affiant further says tha', he or she has neither paid nor promised any person, firm or corporation any disCOU11t. rebate, commission or refund for the purpose of securing tllis advertiselTIent for plJblication in Etrl!i,e:..s:~'''~~~~ (SEAL) MARIA MESA personally known to me ~D'iiW @~ $@M1I'OOMO£lmO Installation 9; .New'Playgr~und an~ Batting Cage'Renovation ~t ' , , Palmer Park'" , " RFP IiPR2017~Q3 ,', Solicitation Cover Letter, Submittal Due Date: 10:00 "1Vi on March 27,201.1 . .'. The City is hereby requesting seal~d proposals in response to this RFP HPR2017-03, "Installalion, of New Playground and Sattlng Cage Renovation at Palmer Parf(." The purpose of !Iils Solicitation is to contract ,for the serviceS necessary for the 'completion 01 the proje'ct in accordance with the Scope of Services, (Exhibit 1, Attachment A & 8) and (Exhibit 4), Respondents Cost and Technlc91 Proposal, or the plans, and/or splicifications, It any, described in this Solicitation (hereinafter referr~d to 'a!l"1he Project" or' "Project") ", Interested persons who wist] to respond to this Sollcitaiion ~~ obtain the complete Solicitation pacliage at the City Clerk's office Monday through '.Friday from. 9:00 a,m. to 4:00 p.m. or by acc!,ssing the following webP~ge: :htlp:llwww.southmiamlfl.gov! which is ihe Cily of South ,Miami's web . address for SOlicitation infDrmalion:.' ' ,,' , " ",' 1 . .. • :Seale'd PrOposals imist,be received by office of tho City Ciei-k,eith~r by 'mail or haAd delive'ry, no later than 10:00 A.M. local time on March 27, 2017. A public opening wlU take' pl~ce at 10:90 a.m. on the sarile d!,!te in the CitY'Commission Chambers located atGily Hali, 6130,Sunset Drive, South Miami 33143 .. Hand deHve,y of submittals must be made Monday throu!!h Friday frorit 8 AM to Ii PM 10 the offlC~of City Clerk.," " A Non-Man~atory Pre-Proposal'Meeli!')g will be conducte'dat City iiall ' in'tha Commission Chambers locaten at 613'1 Sunset Drive,' South Miami, Fl33143 0[1 March 13, 2017 at ,10:00 A.M. The conference shall be held regardless o(weather conditions, ' , ' M~r;a M, Menendez, ciViC City Clerk, City of Souih'Miami ' 2/28 17-~ 161000Q201902M \ r I ·(dl South(,\iami THE CITY OF PlWANT LIVING CITY OF SOUTH MIAMI Installation of New Playground and Batting Cage Renovation at Palmer Park RFP #PR20 17-03 Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "InVitation to BId" to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. . The City is hereby requesting sealed proposals in response to this· RFP #PR2017-03, "Installation of New Playground and Batting Cage Renovation at Palmer Park." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services. (Exhibit I. Attachment A & B) and (exhibit 4). Respondents Cost and Technical Proposal, or the plans and/or speCifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project") Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the following web page: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall· have the follOWing Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Installation of New Playground and Batting Cage Renovation at Palmer Park, RFP # PR2017-03 and the name of the Respondent (person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the reqUired Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time on March 27, 2017. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery of submittals must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk • . A-.Ngn-MarulittQry Pre-.PrQP.ns.al.Me.eting.. wjJl be conducted at _City...Hall in the Commission .. Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on March 13,2017 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provIsions, terms, conditions, affidaVits and documents contaIned in this Solicitation Package. The City reserves the right to award the Project to the person with the lowest. most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation 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 or, if the Scope of the Work is diVided into distinct subdivisions, to award each subdivision to a separate Respondent. Maria M. Menendez. CMC City Clerk, City of South Miami SCOPE OF SERVICES and SCHEDULE OF VALUES Installation of New Playground and Batting Cage Renovation at Palmer Park RFP #PR2017.03 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I Thomas F. Pepe 2-21-2017 END OF SECTION 2 PROPOSAL SUBMITTAL CHECKLIST FORM Installation of New Playground and Batting Cage Renovation at Palmer Park RFP #I;'R20 17·03 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. x x x ---- x --- x ---- Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I> digital (or comparable medium including Flash Drive, DVD or CD) copy Indemnification and Insurance Documents EXHIBIT 2 Construction Bid Form, EXHIBIT 3 Cost and Technical Proposal EXHIBIT 4 Signed Contract Documents (All -including General Conditions and Supplementary Conditions if attached) EXHIBIT's 5. 6. & 7. x Respondents Qualification Statement X ____ list of Proposed Subcontractors and Principal Suppliers x Non-Collusion Affidavit ---- x Public Entity Crimes and Conflicts of Interest x Drug Free Workplace x Acknowledgement of Conformance with OSHA Standards ---- x Affidavit Concerning Federal & State Vendor listings ---- x Related Party Transaction Verification Form ---- x Presentation Team Declaration/Affidavit of Representation ---- / ./ / / / .L / / ± / Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 2-21.2017 END OF SECTION 13 RESPONDENT QUALIFICATION STATEMENT· Installation of New Playground and Batting Cage Renovation at Palmer Park RFP #PR20 17-03 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. a) b) I. Number of similar projects completed, 2. In the past 5 years 6 In the past 5 years On Schedule 6 In the past 10 years 6 In the past 10 years On Schedule 6 list the last three (3) completed similar projects. a) b) Project Name: Woodfield Country Club Playground Owner Name: Wood Field County Club Boca Raton Owner Address: 3650 Club PI, Boca Raton, FL 33496 Owner Telephone: (239) 791-2400 Ext 224 Original Contract Completion Time (Days): _-=45::....=D.=ay./-"s"--________ _ Original Contract Completion Date: --!..;N~o~v..!::e~m~b:<..:e=:!r_'2::.:0<..;:1""6'_ ________ _ Actual Final Contract Compietion Date: October 2016 ~~~~~~------------ Original Contract Price: $86,963.78 Actual Anal Contract Price: $86,963.78 Project Name: Pine Trails Park Owner Name: ~C~ity~o~f~P~a~rhl~a~n~d_~---------- Owner Address: 6600 University Drive Parkland, FL 33067 Owner Telephone: (239) 791-2400 Ext 224 Original Contract Completion Time (Days): _6-=-0=-D=-...;;,.ay-'-'s'--_________ _ Original Contract Completion Date: -'F"-'e,."be..or ... u""a~ryI__'=!2><.0""-17'-------------- Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price February 2017 $122,963.00 $122,963.00 Thomas F. Pepe 2-21-2011 14 c) Project Name: Lummus Park Owner Name: City of Miami Beach Owner Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Owner Telephone: (239) 791-2400 Ext 224 Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 30 Days J anuaIy 2017 December 2016 $37,663.00 $37,663.00 3. Current workload Project Name Owner Name Telephone Number Carmichael Road Palm Beach County 561-233-0265 Demolition .. Public Works Facility Town of Medley 305-887-9541 Improvements Toussaint L'Ouverture MDCPS 305-995-2319 Elementarv School Belvedere Road Palm Beach County 561-233-0265 Demolition Collins Park Light Pole City of Miami Beach. 305-673-7000 Reolacement The Waverly Miami Beach Waverly Condominium 786-295-1557 South Beach 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. Contract Price $69,000 $27~,770.87 $64,104.00 $80,600 $252,330.84 $177,879.67 c) Resumes of proposed key project personnel. including on·site Superintendent. 5. List and describe any: Thomas F. Pepe 2-21-2017 15 a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, None b) Any arbitration or civil or criminal proceedings, or None Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years None 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Palm Beach County Address: 2633 Vista Parkway West Palm Beach, FL 33411 Telephone No.: 561-233-0270 ----------------------------------- Contact Person: William Munker ~~==~==~~------------------- Type of Project: Demolition of (3) commercial structures Name of Agency: -=T-"o"'-w""n=-o.:of"-'M=e=d=le""'y'--_________ _ Address: 7777 NW 72nd Ave, Medley, FL 33166 Telephone No.: 305-887-9541 ------------------------------------ Contact Person: .....£.J_o'-'rg..Le __ C_o_'rz_o ________________________ __ Type of Project: Construction and installation of pre-engingeered metal building. Name of Agency: Miami Dade County Public Schools Address: 1450 NE 2nd Ave, Miami, FL 33132 Telephone No.: 305-995-1000 ~~~~~~------------------------ Contact Person: -'A......,n""th""'o~n""'y'__'_W.:...;a=ol""shc:......--------------- Type of Project Site work demolition, restoration of site, grading, etc. Thomas F. Pepe 2-21-2017 16 ... LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Installation of New Playground and Batting Cage Renovation at Palmer Park RFP #PR20 17·03 Respondent shall list all proposed subcontractors. if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & Email Landscape Sodding and Turf Work Electrical Irrigation , Paving Park Amenities Fencing GC Builders, Inc. 9900 NW 80 Avenue 786-390-7334 Tel Hialeah Gardens, FL 33018 carlos@gcbuildersfl.com Utilities Excavation .... Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Playground Play World/Playmore 10271 Deer Run Farms Road (888) 886-3757 toll tree Other: Recreational Products & Svcs Ft. Myers, Florida 33966 (239) 791-2401 fax Equipment info(a)olavmoreonline.com ThiS list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder Within five (5) business days after Bid Opening. Thomas F. Pepe 2-21-2017 . END OF SECTION NON COLLUSION AFFIDAVIT 17 STATE OF FLORIDA COUNTY OF MIAMI-DADE ___ C_a_f_Io_s_R_e-Ly_V_a_le_n_t_i ___________ being first duly sworn, deposes and states that (I) He/ShelThey is/are the __ .;.P.:.r.=;es""id=en:.,;.t=-________________ _ (Owner, Partner. Officer, Representative or Agent) of ATF Builders, Inc. the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers. partners, owners, agents. representatives. employees or parties in interest. including this affiant. have in any way colluded. conspired. connived or agreed. directly or indirectly. with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly. sought by agreement or collusion, or communication, or conference with any Respondent, firm. or person to fix any overhead. profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent. or to secure through any collusion, conspiracy, connivance. or unlawful agreement any advantage against (Recipient). or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance. or unlawful agreement on the part of the Respondent or any other of its agents, representatives. owners. employees or parties of interest, including this affiant. Signed. sealed and delivered in the presence of: ~6fq£~ s ... od?~. Carlos ReyValenti -President Print Name and Title March 9th, 2017 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 9th day of March , 20-IL, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Carlos Rey Valenti and whose name(s) is/are Subscribe instrument. and he/shelthey acknowledge that he/shelthey executed it. ~ WITNESS my hand and official seal. -__ -=-/---:::"..",--"JL"'-_~=___v'--(-,r_---- Thomas F. Pepe 2-21-2017 18 NOTARY PUBLIC: $~L .('f"OFFlCE: . . . _. AVILA ~Y ~OM~SSION , FFt97HQ .. :~)(P..mES.Februal) 09. 2011 Thomas F. Pepe 2-21-2017 19 Notary Public, State of Florida Giselle Avila (Name of Notary Public: Print, Stamp or type as commissioned.) L Personally known to me, or Personal identification: Type of Identification· Produced X Did take an oath, or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public bUilding or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals. the name of any officer, director. partner. associate or agent who is also an officer or employee of the City of South Miami or its agencies, SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a). FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the public entity] by Carlos Rey Valenti [print individual's name and title] for ATF Builders, Inc. [print name of entity submitting sworn statement] whose business address is 6625 Miami Lakes Drive Suite # 427 Miami Lakes, Florida 33014 and (if applicable) its Federal Employer Identification Number (FEIN) is 47-5262120 (Ifthe entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g). Florida Statutes. means a violation of any state, or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including, but not limited to • any bid. proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud. theft, bribery, collusion. racketeering. conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b). Florida Statutes. means a finding of gUilt or a conviction of a public entity crime. with or without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989, as a result of a jury verdict. non-jury trial, or entry of a plea of guilty, or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a). Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, Thomas F. Pepe 2-21-2017 20 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. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors. executives, partners, shareholders, employees, members. and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement [Indicate which statement applies.] 2-Neither the entity submitting this sworn statement, nor any of its officers. directors. executives. partners, shareholders. employees. members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees. members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, shareholders, employees. members, or agents who :i'i:.e active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I. 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THEINfORMATlON CONTAJNEDIN TH5 FORM. Z ~: [Signature7t] Swam to and '""'crlbed bofo,. me thl' 9th day of March: I ;20.lL Personally known X ~ L . 7 OR Produced identification _______ _ (Type of identification) . Form PUR 7068 (Rev.06/11192) Thomas F. Pepe 2-21-2017 21 Notary Public -State of -..:P::.,:l=o=ri=d=a ___ _ My commission expires February 9, 2019 (Printed, typed or stamped commissioned name of notary public) .-:- DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) 2) 3) 4) 5) 6) Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 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. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). In the statement specified in Subsection (I). notify the employees. that. as a condition of working of the commodities or contractual services that are under Bid. he employee shall abide by the terms of the statement and shall notify the employee of any conviction of. or plea of guilty or nolo contendere to. any violation of Chapter 893 or of any controlled substance law of the United States or any state. for a violation occurring in the workplace no later than five (5) business days after such conviction. 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person autho~ized to .. S~ig;n~tgh~e~;i~i~~~th~a~t~th~i~s~fi~rm~c~~~m=Plies fully with the above n~quirements .. :.' RESPONDENT's Signature: _ Print Name: Carlos Rey Valenti Date: March 9, 2017 Thomas F. Pepe 2-21-2017 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We. ATF Builders, Inc. . (Name of CONTRACTOR). hereby acknowledge and agree that as CONTRACTOR for the Installation of New Playground and Batting Cage Renovation at Palmer Park project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur du.e to the failure of (Sub-contractor's names): to comply with such act or regulation. CONTRACTOR President Title Thomas F. Pepe 2-21-2017 ATF Builders, Inc. 23 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person. or entity. who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED. SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Responden\:S must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists . DECLARATION UNDER PENALTY OF PERJURY I, Carlos Rey Valenti (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct (I) I represent the Respondent whose name is ATF Builders, Inc. (2) I have the following relationship With the Respondent President (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership). General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myf!orida.com/business_ operations/state -purchasing/vendor _information/convicted _suspended _ di scriminatory_complaints_ vendor_lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name. does not appear on the listing for that category in the Rorida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Carlos Rey Valenti Print name of Declarant) , (Signature of Declarant ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the 9th day of_M_a_r_c_h ____ , 20~, before me, the undersigned authority, personally appeared Carlos Rey Valenti who is personally know to me or who provided the following identification and who took an oath or affirmed that that elshelthey executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: Thomas F. Pepe 2-21-2017 SEAL . ,\,\'~\' .. ' .. ' \ ,. Giselle Avila (Name of Notary Public: Print, Stamp or type as commissioned.) I I ·r , I 1 RELATED PARTY TRANSACTION VERIFICATION FORM Carlos Rey Valenti . individually and on behalf of ATF Builders. Inc. ("Firm") have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics. Section SA-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: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) 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 SA-I. who is an employee of the City or who is (are) an appointed or elected offiCial of the City. or who is(are) a member of any public body created by the City Commission. i.e .• a board or committee of the City. [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 (2) shall be based solely on the signatory's personal knowledge and helshe is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; 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: none _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the 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 (3) 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 those who have a financial interest in the Firm.]; and (4) no elected andlor 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 andlor your Firm and the City other than the following individuals whose interest is set forth follOWing t~eir names: _____ -,---=n:.::.o.::.,n:.:.::,e _________ ---, ___ _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected andlor 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: none (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the 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 (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees. appointed officials or the immediate family members of elected andlor appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our pOSition of trust. or through our performance of our duties under the terms of the contract With the City. to secure a special privilege. benefit, or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public. for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. (6) I 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 Thomas F. Pepe 2-21-2017 25 before any board. commission or agency of the City within the past two years other than as follows: none (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (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: none (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the 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 (7) 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 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]. (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: none (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference. on the above line. to the additional sheet and the 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) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code. the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to Investigate the matters to which I am attesting hereinabove and that the statements made hereinabove tt orrect to the best of my knowledge, information and belief. Signature: Print Name & Title: Carlos Rey Valenti -President Date: March 9, 2017 Thomas F. Pepe 2-21-2017 26 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the folloWing definitions shall be effective: (I) 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 Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision " on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city, No person included in the terms defined in paragraphs (b)( I) 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: (I) 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: (I) 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 ~ommission 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. Thomas F. Pepe 2·21-2017 27 ." No person included in the terms defined in paragraphs (b)( I) 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)(l) 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: (I) 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)( I) 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)(l) who has any ofthe 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)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or Civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) 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)(I) 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 b.e 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)(I); 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)(l) 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 I 12, 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. t Should any person included in the terms defined in paragraphs (b)( I) 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)( I) 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)( I) through (6) shall accept employment or engage in any bUSiness or professional activity which one might reasonablY,expect would require or induFe 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. Thomas F. Pepe 2-21-2017 28 (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public dutIes. 0) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise. where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval reqUired in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as prOVided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time City employees engaged in any outside employment for any person. firm. corporation or entity other than the City, or any of its agencies or instrumentalities, shall file, under oath. an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited Investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. . (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in p~ragraphs (b)(I), (5).al1d (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) (I) 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)(I) 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. Thomas F. Pepe 2-21-2017 29 I I I I No person included in the terms defined in paragraphs (b)( I) 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. (I) No person included in the terms defined in paragraphs (bH I). (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)( I) through (6)] in connection with any judicial or other proceeding. application. Solicitation. 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. 50 I (c)(3) non-profit entitles 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 (pHI) 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)( I) 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 (pH I) 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 SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (bH9) 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-/680. § 2.3-2-99) Editor's note-Ord. No. 6-99-16S0. § I. adopted 3-2-99. repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively. and derived from Ord. No. 634, §§ I (lA-I), I (IA-2) adopted Jan. II. 1969. Thomas F. Pepe 2·21·2017 END OF SECTION 30 PRESENTATION TEAM DECLARA TION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Carlos Rey Valenti ,makes the following declaration under penalty of perjury: Usted below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Carlos ReYVi:llenti President For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ~ day of -...::Ma=:,;Tc::::.h!....-____ -', 20...!Z... :;0$zP~~ Signature of RepresentatIVe Carlos Rey Valenti -President Print Name and Title Thomas F. Pepe 2-21-2017 ATF Builders, Inc. Print name of entity being represented 31 EXHIBIT 2 INSURANCE & INDEMNIFICATION REQUIREMENTS "Installation of New Playground and Batting Cage Renovation at Palmer Park" RFP #PR20 17-03 Insurance Requirements Without limiting its liability, the 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. 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. 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: 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. In addition, the policy (ies) must include: Employers' Uability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Uability 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; Umbrella Commercial ComprehenSive General Uability 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: (a) Premises and Operation (b) Independent Contractors Thomas F. Pepe 2-21-2017 41 (c) Products and/or Completed Operations Hazard (d) Explosion. Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) 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. Business Automobile liability with minimum limits of One Million Dollars ($1.000,000.00) plus an additional One Million Dollar ($1,000,000.00) 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: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 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 these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. " Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: In the event that this contract involves the construction of a structure. the CONTRACTOR shall maintain. with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicio!ls Mischief coverage. 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 and actual cash value of the insured pr~perty. The policy shall be in the nal1le of the CITY and the CONTRACTOR, as their inter~ili}Tl1lY appear. and shall also cover the interests of all Subcontractors performing Work. ". All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellanec;>us: 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. All deductlbles 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. 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 as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work. the FIRM shall deliver to the CITY and CONSULTANT, if any, 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 AVII Thomas F. Pepe 2-21-2017 42 or better per AM. 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 may be required by the CITY, at its sole discretion, to 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: a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall 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 S"; a policy provision or an endorsement with substantially similar provisions as follows: "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 ten (10) 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." Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or, preferably,electronically) of the policy, including the declaration page of the policy and all endorsements to the policy and provide the City with the name, address, including email address, and phone number of the contractor's insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines carrier. The agent shall also provide a citation to the page"nymber of the policy, or the form number of the endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets the follOWing City insurance requirements: a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and d) either a policy provision or an endorsement providing that the policy is primary and non-contributory, such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as reqUired by the City, the contractor may still comply with the City's insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's draws/payments. Indemnification Requirement A. The Contractor 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 Contractor or anyone acting through or on behalf of the Contractor. Thomas F. Pepe 2-21-2017 43 B. The Contractor shall 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. paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation. mediation. arbitration arid at all appellate levels. 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 Contractor, 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, arising out of this Agreement. incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, 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 and arising from the negligent error, omission, or act of the Contractor. its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor 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 Contractor, 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 Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor 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. : ,F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statu~~s,.none.of the provisions set forth herein above that are in conflict with this subparagraph sli3l1 apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's ·obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including. but not limited to. reasonable attorneys' fees. to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the· design professional in the performance of the contract. Thomas F. Pepe 2-21-2017 END OF SECTION 44 ACOROe CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) ~ 03/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~2~~~CT Arlene Valenti PHONE Extl: (305) 826-0224 I r..ca No): (305) 819-0062 INSURANCE TO GO, INC ~ lisandra@instogous.com 2800 W 84TH ST, UNIT 7 lNSURER(S) AFFORDING COVERAGE NAICIl HIALEAH FL 33018-4922 INSURERA: UNITED SPECIALTY INSURANCE RATED A 12537 INSURED INSURER B: WESCO INSURANCE COMPANY 25011 INSURERC: ATF BUILDERS, INC INSURERD: 6625 MIAMI LAKES DRIVE EAST, SUITE #427 INSURERE: MIAMI LAKES FL 33018 INSURERF: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I (~~'ilgTvWt, (~~'5~1 LIMITS LTR INSD WVD POLICY NUMBER lX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 '-U CLAIMS·MADE IZI OCCUR ~[IA~~S yta~~~ncel $ 50,000 -I SII1001A20014 MED EXP (Anyone parson) $ 5,000 A N N 11/0312016 11/0312017 PERSONAL & ADV INJURY $ 1,000.000 - $ 2,000,000 ~'LAGGREGATE LIMIT APPLIES PER: i J I GENERAL AGGREGATE I POLICY D ~~i 0 lOC PRODUCTS· COMPIOP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY I I fE~~~~~~tflr.:GlE LIMIT 1$ 1,000,000 IZ ANY AUTO NIN ..... , ... j 11119/2016\11/1912017 BODilY INJURY (Per person) SN/A All OWNED r--SCHEDULED ." ;~. . B AUTOS AUTOS I WPP151012600 BODilY INJURY (Par aCCident) $ N/A t--t--NON-OWNED I rp~?~Md~~I~MAGI: $ NIA t--HIRED AUTOS f--AUTOS $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -I CLAIMS-MADE EXCESSUAB AGGREGATE $ OED I 1 RETENTION $ $ WORKERS COMPENSATION I I I ~ftUTE I I ~~H. 1 AND EMPLOYERS' LIABILITY YIN, I 1$ ANY PROPRIETORIPARTNERlEXECUTIVE OIN/A E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? E.L. DISEASE· EA EMPLOYE.~ $ (Mandatory In NH) g~~1;~~ir~~ ~~~PERATIONS balow i E.l. DISEASE· POLICY LIMIT $ i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may b. atlaohed If more spa •• Is required) As Provided for In section 320.02 (5) (E)Florida Statutes, The listed Insurance policy(S) Dr surety bond (S) may not be canceled on less than 30 days written notice by the Insurer to the department of highway safety and motor vehicles. *-GENERAL CONTRACTOR ... CERTIFICATE HOLDER FAX: 305-666-4591 or via email building@southmiamifLgov City of South Miami 6130 Sunset Drive South Miami FL 33143 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAnvE .. AG.QRD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AE~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 0312112017 THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIRCATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED. SUbject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does nol confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (NC. No. Ext); (800) 277·1620 X4800 .IFAX (NC. Not JI27) 797-0704 FrankCrum Insurance Agency. Inc. E·MAIL ADDRESS: 100 South Missouri Avenue INSURERCS) AFFORDING COVERAGE NAIC# Clearwater. FL 33756 INSURER A: Frank Winslon Crum Insurance Company 11600 INSURED INSURERB: INSURERC: FrahkCrum UCIF ATF Builders Inc. INSURERD: 100 South Missouri Avenue INSURERE: Clearwater FL 33756 INSURERF: COVERAGES CERTIFICATE NUMBER 424849 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLlCYEXP LIMITS LTR INSRO wvo (MMIDDIVYYY) (MMIODNYYV) COMMERCIAL GENERAL LlABILIlY EACH OCCURRENCE $ ~ ~ CLAIMS-MACE DDCCUR ~~~~~iJOE~l $ I-- I--MEa EXP (Anyone person) S I--PERSONAL a. ADV INJURY S GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =1 POLICY o PROJECT DLOC PRODUCTs-cOMP/oP AGG S OTHER' S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S -Ea accident ANYAUTO BaOll V INJURY _(Per paraon) $ -OWNED AUTOS ,---SCHEDll'_ED ONLY AUTOS aOOIL. Y INJURY (Per aodClent) $ I--HIRED AUTOS -NON-OWNED PROPERTY DAMAGE $ I--ONLY -AUTOS ONLY Peracclden!. $ -UMBRELLA LIAS OCCUR I--:--EACH OCURRENCE $ EXCESStlAB CLAlMS·f>'.AOE AGGREGATE S DEOJ JRETENTIONS S WORKERS COMPENSATION AND WC201700000 01/01/2017 01/0112018 X I PER STATUTE I 10TH • A ER EMPLOYERS' LIABILIlY YIN ANY PROPRlETORIPARTNERlEXECIJTlVE 0 NIA OFFICERJMEMBER EXCLUDED? E.L. EACH ACCIDENT . $1 000000 (Mandatory in NH) If yes. describe under E.L. OISEASE-EA EMPLOYEE 51.000.000 OeSCRlPnON OF OPERATIONS be10W E.L DISEASE·POLICY LIMIT '1.000.000 DESCRIPTION OF OPERATIONS {LOCATIONS {VEHICLES (ACORD 101. Additional Remarks Schedule, mey be a!lached if morespece iB required) Effective 0111712017. coverage is for 100% of the employees of FrankCrum leased to ATF Builders Inc. (Client) for whom the client is reporting hours to FrankCrum. Coverage Is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. City of South Miami AUTHORIZED REPRESENTATIVE 6130 Sunset Drive ~~ South Miami. FL 33143 .. -.. . !'.:. © 1988-2016 ACORD CORPORATION. All rights resef)led . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Inlt. ·AIA Document A310™ -2010 Bid Bond CONTRACTOR: (Name, legal status and address) ATF Builders, Inc. 6625 Miami Lakes Drive, Suite 427 Miami Lakes, FL 33014 OWNER: (Name, legal status and address) • City of South Miami 6130 Sunset Drive South Miami, FL 33143 BONO AMOUNT: 5% of Bid Proposal Submitted PROJECT: SURETY: (Name, legal status and principal place o/business) FCCI Insurance Company 6300 University Parkway Sarasota, FL 34240 (Name. location or address, and Projeclllumber, if any) RFP #PR2017-03 Palmer Park -6100 SW 67th Ave., South Miami, FL 33143 This document has importent legal consequences. Consultation with an attorney Is encouraged with respect to Us completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the-payment of which the Contractor and Surety bind ther;nselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herell).. The conditions oftrus Bond are such that if the Owner accepts the bid of the Contractor ,viOlin the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as maybe specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount oftrus Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perfonn the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the tilDe in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any ext~nsion exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. ffthis Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor . . When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this th day of March, 20 I 7 ATF Builders, Inc. ? (Seal) (Wih1esS) "--_~ (Title) FCCI Insurance Company (Seal) (Witness) (Title) Eduard ct & FL Res Agent AlA Do.cument A310 TII -2010. Copyright © 1963,1970 and 2010 by The Amertcan Insti(ule of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Co.pyright law and International Treaties. Unauthorized reproduction or distribution of this AlA" Docl.lment, or any panion of it, may result In severe civil and crIminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of \hIs document when completed. To report copyright violations of AlA Conlract Documents, e-mail The American InsUtute of Archllects' legal counsel. copyrighl@al8.org. . 061110 EXHIBIT 3 CONSTRUCTION BID FORM "Installation of New Playground and Batting Cage Renovation at Palmer Park" RFP #PR20 17-03 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I Attachment A & Attachment B (Scope of Services) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if reqUired. This Proposal will remain subject to acceptance for 180 calendar days after the dayef the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation. required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation 'Documents and of the follOWing Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality. and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable. of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance. or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations. explorations. tests. reports or similar information or data are. or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent's bid. or proposal price, has taken into consideration all possible underground conditions and Respondent, ·if awarded the contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations. examinations, investigations, explorations, tests. reports and studies with the terms and conditions of the Contract Documents. Thomas F. Pepe 2·21·2017 45 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations. explorations. tests. reports or similar information or data in respect to any Underground Facilities or conditions are. or will be. required by Respondent in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional Information prior to submitting the bid or proposal as required in subsection Ii above. d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group. association. organization. or corporation; Respondent has not directly ·or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. if required. is provided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment. tools. superintendence and services necessary to provide a complete. in place. Project for the Proposal Price. If this Solicitation requires the completion of a Cost and Technical Proposal. as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: . RESPONDENTS SHALL SUBMIT PRICING ON EXHIBIT 4, "RESPONDENTS COST AND TECHNICAL PROPOSAL." 5. The ENTIRE WORK shall be completed. in full. within 75 working days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liqUidated damages as may be set forth in the Contract. 6. Insert the following information for future communication With you concerning this Proposal: RESPONDENT: ATF Builders. Inc. Address: 6625 Miami Lakes Drive Suite #427 Miami Lakes. Florida 33014 Telephone: 786.334.088 Facsimile: 786.332.5406 Contact Person Carlos Rey Valenti 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents. unless specifically defined in this Solicitation Package. 8. If a Respondents Cost & Technical Proposal. Exhibit 4, is required by the Solicitation. Respondent hereby certifies that all of the facts and responses to the questions posed in the Respondents Cost & Technical Proposal. Exhibit 4, if such an exhibit is made a part of the Solicitation. are true and correct Thomas F. Pepe 2-21-2017 46 and are hereby adopted as part of this Construction Bid Form, Exhibit 3, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained In the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS 9th DAY OF PROPOSAL SUBMITTED BY: ATF Builders, Inc. Company Carlos ReyValenti N;ge of Pf£~t¥~bmit Proposal ~ Signature ~ President Title Thomas F. Pepe 2-21-2017 March 20~. ~~~------------------- 786.334.0988 Telephone Number 786.332.5406 Fax Number carlos@atfbuilders.com Email Address END OF SECTION 47 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL "Installation of New Playground and Batting Cage Renovation at Palmer Park" RFP #PR20 17-03 ' The City, at its discretion, may a,ward both projects, (# I and #2) to a single contractor, or each project to separate contractors in accordance with Exhibit I, Attachment A & 8, nS cope of Services." SUBMITTED THIS #1 -Demolition of one (I) existing playground; design. furnish and install new playground equipment: $ 32,378.36 #2 -Repair two (2) existing batting cages: $ 13,112,18 #3-COMBINED QUOTE. NOTE: IF THE RESPONDENT IS QUOTING BOTH PROJECTS, PLEASE PROVIDE A COMBINED QUOTE FOR #1 AND #2 ABOVE: $ 38,937.60 _9:.,:th:::.-_ DAY OF ..!M!!;ar~ch!..-_______ 20-.!L. PROPOSAL SUBMITTED BY; ATF Builders. Inc. 786.334.0988 Company Carlos Rey Valenti Signature President Title Thomas F. Pepe 2-21-2017 Telephone Number 786.332.5406 Fax Number carlos@atfbuilders.com Email Address END OF SECTION 48 111111 Pre-Construction Planning' Project Management· Construction Services· Demolitions BUILDERS, INC. "YOUR: PRO\lECT Is OUR BUSINESS" 6625 Miami Lakes Drive, Suite # 427 Miami Lakes, Florida 33014 Tel + 1 7863340988 Fax + 1 786 332 5406 www.atfbuilders.com RESPONDENT QUALIFICATION STATEMENT ORGANIZATION CHART (ATTACHMENTS "4.A & 4':8.") 4.A) ORGANIZATION CHART: Ptesident / CEO . .1' • fnspectiolls & . T~sting Agencies . , . . . Crew I.oremall .- , : ~.'. _.. .' " ? 4.8) PROPOSED PROJECT ORGANIZATION CHART: . hlspectiolls & Testing A~encie5 , RFP #PR2017-03: Palmer Park Page 1 of 1 .) I """ Pre-Construction Planning' Project Management· Construction Services' Demolitions BUII.DERS, INC. "YOUR PRO.,JECT Is OUR BUSINtSS" 6625 Miami Lakes Drive, Suite # 427 Miami Lakes, Florida 33014 Tel + 1 786 334 0988 Fax + 1 7863325406 www.atfbuilders.com RESPONDENT QUALIFICATION STATEMENT RESUMES OF PROPOSED KEY PROJECT PERSONNEL (ATTACHMENT "4.C") CARLOS REY VALENTI President • Chief Executive Officer Carlos Rey Valenti is president and chief executive officer of ATF Builders, Inc. He has spent the majority of his career as a business developer in the architecture and construction industry,' bringing a broad-based and multi-faceted construction management style to every project. He offers valuable knowledge in new business development as well as contract negotiation and has far reaching knowledge of project management and execution methods for various project types. Responsibility: Carlos is directly responsible for developing and executing the company's annual business plan as well as supervising all operations of the business; including financial matters for both the organization as well as field work for each specific job. Licenses & Certifications: CllB -State Certified General Contractor CGC#1523695 OSHA 30 -Construction Certified Education: Boston Architectural College, B.Arch; Miami Dade College, Arch {A.A} RAY GAMEZ Project Manager Ray Gamez has 15 years of Field Experience and a Degree in Construction Management. He is experienced in the field and in the office, but his ability to motivate and lead by example is what makes him a great asset to ATF. His experience ranges from high-rise, mid-rise, tilt~wall to Naval Base runway repairs and beyond. Ray has worked with the following GC's; Whiting Turner, Clancy & Theys Construction, Stiles Construction, M.A. Mortenson, Tompkins Builders, Turner Construction Miami. Ray has a strong Government project background and has worked on projects at langley Air Force Base, Seal Team Facility Va. Beach, and Oceana Naval Air Station Base Va. Beach to name a few. Responsibility: Ray is responsible for managing the construction process for all projects and is OSHA 30 Certified. RFP #PR20 17-03: Palmer Park Page 1 of 2 II." Pre-Construction Planning' Project Management· Construction Services' Demolitions 6625 Miami Lakes Drive, Suite # 427 Miami Lakes, Florida 33014 Tel + 1 786 334 0988 Fax + 1 786 332 5406 www.atfbuilders.com BUILDERS, INC. ,. YOUR PROJECT IS OUR aUSfNESS- I I ARMANDO DE LEON Superintendent I I I Armando De Leon has 12 years of Field Experience as a concrete and steel construction supervisor, including high-rise, mid-rise and tilt-up experience. Armando specializes in understanding the means and methods of construction and creating value by understanding bottom line costs, and how to generate profits with the least amount of direct costs and resources available. Responsibility: Armando delegates the field operations, implements effective safety practices and ensues that all projects meet a high quality control standard by conducting individual activity inspections. RFP #PR2017 -03: Palmer Park Page 2 of 2 'PLAYGROUND SUPERVISION REQUIRED 30' fool ... ---S'-S" ----<-I( I I I I I I I I I I I I I I I ROCK CLIMBER I I 2·5 RISK : 6'-9" MANAGEMENT l _________________________ j ______________ ~~ ______ j ---o 5' 10' ~PLAywORLD· Playmore Recreational Products & Services 10271 Deer Run Farms Road Suite 1 Fort Myers, FL 33966 EQUIl'MENr SIZE: 14' X 16'X10' USEZOIIC: 30' X 30' N9.: PER/MEIEIt 900 SqFt 120 Ft. FAUHElGHT: 6Ft USER CAPACITY: AGE GROUP: ~ 0:: <C I:L-, u. ffi~ :IE ...J 30 2-5 <C t---------I I:L ~T"'B_""'_ 6 '" fijT ... _Pla,_. '" ~---i!§ _ ... -.... --c --.... Tro- t-3 2 2 r-a 2 2 .( ASTM F1487-11 ~ .( CPSC#325 PROJECT NO: SeAl£: 17·1038B.PLM 1/4"=1'.(1" DRAI'otIBY: Paper Size SfARRMEJIA B DATE: 23-MAR·17 Palmer Park Design Number: 17-1038A -Bill Of Material Ref. No. Part No. Description Posts 1 ZZCH0028 3.5in OD x 136in STEEL POST WI RIVETED CAP 2 ZZCHOO38 3.5in 00 x 148in STEEL POST WI RIVETED CAP Decks & Kick Plates 3 ZZCH0616 SQUARE COATED DECK ASSEMBLY 4 ZZCH0617 TRIANGULAR COATED DECK ASSEMBLY 5 ZZCH0636 DOUBLE SLIDE COATED DECK ASSEMBLY 6 ZZUN2290 COATED DECK TO DECK CONNECTION KIT ADA Items 7 ZZCH0678 NUVO-48in TRANSFER STATION Slides 8 ZZCH2658 GLIDE SLIDE (60in DECK) 9 ZZCH2727 TWIST AND SHOUT (48in DECK) Activity Panels 10 ZZUN4299 STEERING WHEEL (CHI EX PIPE WALL MOUNT FOR 4in CENTERS) Barriers 11 ZZCH4095 CENTERLINE PIPE WALL BARRIER Climbers 12 ZZCH7439 13 ZZCH8160 14 ZZCH8300 ROCK CLIMBER (48in DECK) SPIRAL CLIMBER (60in DECK) RIBBON CLIMBER (60in DECK) Audible Activities 15 ZZCH4556 7in BELL (POST MOUNT) 16 ZZCH4649 POST MOUNT DRUM Stairs and Ladders 17 ZZCH9168 12in ACCESS STEPPED PLATFORM (DECK TO DECK) Additional Tool & Maintenance Kits 18 ZZCHGUID CHALLENGER GUIDELINES 19 ZZUN9910 SURFACING WARNING LABEL KIT 20 ZZUN9930 PIPE SYSTEMS MAINTENANCE KIT WI AEROSOL Quantity 4 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~P~ORu)--------------------------~ """ __ OCN Monday, March 20,2017 Page 1 of 1 Playvllorld.com ..,' 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if. at any time after the execution of this Contract and the Bond for its faithful performance and payment. the City shall deem the Surety .,01' 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 CIty 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 City. 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 City. 10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work. by appropriate action by the City and in accordance with the Contract Documents. II. The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission. then the Effective Date is the date of the resolution approving the Contract whichever is the later date. IN WITNESS WHEREOF. the parties hereto have executed this Contract on the "day and date set forth next to their name below and may be signed in one or more counterparts. each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTO~~~=F~B=ui~ld~e~rs~.I=n~c.~ __________ __ ===-~ . Signature:-2~ -----~.~. --' Print Signatory's Name: Carlos Rev Valenti Title of Signatory: President ? OWNER: CITY ~ MIAMI ATTEST~ Signatule~e.:.:. ~=~~~~I.3fM.~121'U'l..q Read and Approved as to Form. Language, Legality, and Execution Thereof: Signature: "",,",:::.'_~_-;-:-"~_':~_"'._";_";_" __ . .J_ ..• ...:;,.;'-;~-';:~'-.;/-_~_.-:t_ ... _. _ City Attorney Thomas F. Pepe 2-21-2017 50 Signa~~ Steven Alexander // City Manager ehwenitY4DUr,houn measur.!" komthe.befl.nnlng otthedly at 12::01~a.m. and:jt·shaU be..presumed: to·11W;~·Qlenlkrday uJilless~5P4!dticaJlir ch.~ated· asa buslnMa:.mnr, 52 !ilS!"~~~~~~ l!-~gr.eater.tlGirr,thltwflf(!h:woUkt:normal!ft.Q .:~~ br.~!.fXt. . Jnt8Q1'-~. \$.t '~. ita~~=;= Ot:~'~'.:e&l_D~'dUdenRd respcm$lb.I.i~_~I$Q~·~~'~'~ ~~~=~ MJIfi"'f2,..,eBEiJMIIMD:'tM1DiI *'!~ n:iiltiClTY,'r. __ '!fIh .. llijdtt,i.· ..... .",:amf;ag;.IidS; ".' < :; .. '$S" -1'h •. t~~f . ~. taJt·Cmnmence:to.nm on.the,:date.statecfmtfte ~otIce·to:~, ·~t3~~~a#=-~= TbDtnUj:, Pape 2.21~2017 . ~IQ: ~ . ~ot;. • • .cm;dietlS.t_n:tbir:ty·(3Ql~d~ohlt$~,SbalI ,ld'l l.Jl TIIomIISF ..... Z>U3n ss c:ondusi(inS::orinterpretatlQASimade;bythe 'CONTRACTGlteft Ule basis.·ohhe information made, aYiIIable.,bythdjWNER/CQ"SUlTANt I·; ~~~~~=.:=:::=: .. ",f" . " .. '6J;.J '1f''!!!!!.~~~:.:.::=:..t.~ disd.ittelDCf •• :.ahhe ." . ". . ~··r".$a~~ tffi!' :§!-~~~~ otherwiSct:~~~'nth.e'Cor:iti:af:t'p:oq.~~. .. Wort¢tWAtfal$.'Eqy!pnjent. Prod"m~iJ!d.~ ~F~Pepe.· 2"21.1017 57 ,$;1 6:& 6iU ~:6.;3.i 6.4~ ~C'blliI ~rp,~'OWl!iI$,ot'CO.NS!JlT~~~""'l-·S~_·QJ"~~n()f' ~t:=:::~~~A~:::::=;~~~:=~~'~ =,'~. 58 '~:&~ORShaIJ~\aI!!en~~'al1d'f~MCI(~me,:aI(~;~5!~;toc~~~:': ' ntloo;,desJgn.proess_ whl, I$l:Im:$Q~,I!':Ct" ~~Qt!(Q~he.ktllY~_, , u:'~~~~~~ ~$;;: ~r' The,~Qa.u ,$tl. ~-E1iiIIld DllYlIaF.all ~~~:-§~BF'~}:_- ".--~ ',., ••... -, ,., ... ..., .. I~. ng' ':'11'0''''''.-. ''''u''".~Q:;;''''''''''';'''lo''&~,>;IJ.''''I'!'.O· ~,.A ··.~'t"I.:'!o.D, -~,,-.~."",' '6.:' ..... " ...... '"-'_ .. ..,......,Uc.,7,1",,,..'l8 ~,1;In; 'W, .. 1!!I"l,nr\'\O.,J"",,- LM._,~ __ 59 :revlewshalr:":~fo~:ri==~~=:;;~=:==:I;=~~=::J;:'::;.'1ifi_ I.~~R'··· =:t·P• 6'29 .. If:dle!E!ONtAAdbR~mnt,dean,tl1e Wotk __ P't'(:R!\lY!'_J,l;'tfie:~ __ 'Qf.uJtateria\, reterred'to'm ~Ph sal;. · .... dlg;CQ$tt9.~,:eb~eto~. lndj!rPnHftjdom 6.3i: .. tOij~a~s~n ~~,~ ·~~:i.I'!de;nniiltadon)'eqQttement$·_fOrth'lft ibeiffiand m:EXHiBl"t2of iheSupptementar.yCOnditions (lnsurance::arid Inciemlliflcationr.r.emems). ~.f.P.ep6 , 2"11~ZOI7 61 ~I(d~ . ~-.~~;§ ~~~~~~~ ·:OfJPi"IlUII'iItf.fbr!the:~~ al\'cht""',of~ti'meq'UI~_,1M l~~F.~-::=;z::~a~ 113; ~F.Pepe lO-ll48n ~, ' ~ , 'Ii !i w~, . i: , "~~,,,;g ~?rl ! 11 '!! 'f ['[I: t Itli"I''/IJ;J", < =I!:"~~ I, ~ ~ ,,' , , [ 51 ,;:% ,; :,; #ii " ~':;~'-:!':' " "t":t' ,t,l~ ;~:i .. ::. . ~., ~;:.~:~'i "$I' ",a; • i"";"i~,:,;I,:, ' I "'I'':if.#, '1' ,(,I:, Q,~;I, 'r-".~';ili ? a-'i "~I:' '~"::"::I',~:i',' !O~i': ,!It :~ !"ti'~~1 ,Z" 9, fi~'J 'iF'~"~i';~ S~"I;! " I! 15'; i,: :g-" I ',It" il f,ot~-;I "~ 9<'1;& '~~~tl"~ ~, ;1,:" I~"R;' ,r! I:rl.~ (fl" : ; ;i'~ " ~tl~:1 ' "!~ii ":.~ •• > ~,~,. :~ ~. b:' ~~, · . 1:. •... . t.··. ~ .. '.', ·tie --. -:by"" . flifi)the~priarerresnlUhaJUe 'tiie-·~Itl'1:haWOl'ii!'u~ ~~~~~~~~ tt2; l~3.; 2-11.21 It .' ~·F •. Pepa' 241'·2It11 {~~I'_isJgt~~its'ali:lctll_-" ~:fQr'~Qal\df~~Jlesbovffl." w.aJ!~~~ ····E=~~~_dlaf-~. I Lto: The c-{*.tfw.fikl'l'.shaUbe:il!lowed.tO-e:ON.TUcrOR. for: it,'0i1emeathnd profit:ShilU be .Jll.rtinec,t¥ folloW$! hI·" .2:, l1.4 ~,cau~:whats:oeverrWhetherrsuclt·delay;;diSt'llptlQn,lOterfer.ence,orJiilJdfante~be fea.onableor ~.foreseeabIe.OI"'~e; OI"~J)ru~dab/e. ;~. t4J! ,1ftfIe '-, ,1f~~i@.t~QI'r:f#."¢9~¢tr:Q~~,~~:~-~bn.:iC'~~iru9fbra',~UAi,ol~0)~ 1',' 1Or".~reaiCIJI tltat;;the1.c(lmMCt£)l"was,noIHn.Mu~,the;.r.f&btsm~,-of~. ", " \lIld .e~d:()k sh8It1ie-iie sarne:a'jftlte~'had:_,lsS1.ted:4W~#1 5edI'on 'i5.5' ' {$;J ::'J.~isl:",~,-"·:·=~~~~br~=::.~~~,~t' .. (~e. Any, rem1'I'tWn.'or'~uimone.ys-b)\'·theOWNEIl:d:i.le,1;heCObl'TlAc:rOlt·j&lIIW~t'eleJ~ '1t~:;::tII~tTOP'Jr.Om' lliipliftiy. 73 ~ttJ.'p'I~r~. dalm BhalUe made la:wrltrnttothe;~filI1Y.:'«itbln~,,~~ ~lm~'-e.;",' da~ofthtdlm:obser.nnce;;.uclr1tijutY,Qt·~ MX"'I,7~,\YNYU~QjrJJJ •• ML., '. ' .. " .. '. .... . . ,(; m{E~_'~~~ TJiOiIi .. '-';,hpe 1'-2[4411' provision shall be liable to OWNER for its costS of enforcing this provision. including attorney fees incurred in all proceedings. whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent. be held invalid or unenforceable. the remainder of the Contract. and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect. and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR, 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR. and not as officers, employees. or agents of the OWNER. Personnel poliCies, tax responsibilities. social security and health insurance. employee benefits. purchasing policies and other similar administrative procedures. applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties. obligations and responsibilities arising under the terms. conditions and provisions of this Contract without prior written consent of the City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONTRACTOR's rights. The CITY may, in its sole and absolute discretion. refuse to allow the CONTRACTOR to assign its duties. obligations and responsibilities. In any event. the CITY shall not consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by the CONTRACTOR IN WITNESS WHEREOF. the parties hereto have executed the Gener'al Conditions to acknowledge their inclusion as part ofthe Contract Documents on this.-2!!L day of March .20JL, . Read and Approved as to Form. Language. Legality. and Execution Thereof: / /);;~,.;. :)'<~{ j':'./", Signature: _._'_' ______ •. _., __ _ Thomas F. Pepe 2-21-2017 City Attorney . _ ...... - 75 IEXHDBIT 1 Supplementary Conditi~ns "Installation of New Playground and Batting Cage Renovation at Palmer Park" RFP #PR20 17 -03 A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the person identified as the CONSULTANT in the Supplementary Conditions or if none. then CITY's designated representative as identified in the Supplementary Conditions. The CONSULTANT's. if any. and the City's Designated Representative's name, address. telephone number and facsimile number are as follows: Consultant: N/A B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished N/A sets of Contract' Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a cost to the CONTRACTOR equal to the reproduCtion cost. D. The Scope of Services, also referred to as the Work in the contract documents. is as set forth in the RFP and in the attached £XHISIT I, "Scope of Services," Attachment A & B, to the RFP and if there is a conflict the attached Exhibit shall take precedence. E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and ifthere is a conflict the attached Exhibit shall take precedence. F, The Work shall be completed in 7S working days unless a shorter time is set forth in the Contract and in such event the Contract shall take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this..2tlL.. day of March .20.J1.., ATTEST Mari Menen .... ·'j'>..- City Clerk Read and Approved as to Form, Language. Legality. and Execution Thereof: Signature: Thomas F. Pepe 2·21-2017 --........ . -~);5;,:</~-.. }'~:~<)-··~(-:.· City Attorney CONTRACTOR: ATF Build~ Signature: ~~ :.' Print Signatory's Name: Carlos Rey Vrucntl '. Title of Signatory: ..:l:.,.:'rc::c:;:!si.:::.dc:;:.:n.:.:t __ -:::;;o.......,,:::-+ ___ _ 76