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Res No 222-13-14040RESOLUTION NO.: 222 -1 3 -1 4040 A Resolution authorizing the City Manager to enter into a contract with Perrin International Services, Inc. for a contract price not to exceed $33,456.46 for the Road Resurfacing of SW 62 ST and SW 57th St, to be charged to Local Option Gas Trust Fund account number 112 - 1730 -541 -6210. WHEREAS, the Mayor and City Commission wishes to provide road resurfacing work to City streets, and WHEREAS, the following bids were received in response to the Request for Proposal: Perrin International Services, Inc. $33,456.46 H & R Paving $36,400.00 JVA Engineering $44,400.00 WHEREAS, pursuant to a competitive selection process, it was determined that Perrin International Services, Inc. submitted a proposal in the amount of $33,456.46 that was the most comprehensive and cost effective in its construction approach; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with Perrin International Services, Inc. for the Road Resurfacing of SW 62 ST and SW 57th St for an total amount not to exceed $33,456.46. 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 authorized to enter into a contract in substantially the same form as set forth in the Request for Proposal with Perrin International Services, Inc. for the Road Resurfacing of SW 62 ST and SW 57th St for an amount not to exceed $33,456.46. Section 2: The expenditure shall be charged to the Local Option Gas Trust Fund for infrastructure projects account number 112 -1730- 541 -6210, which has a balance of $244,000.00 before this request was made. Section 3: 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 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of October 2013. ATTEST: CITY CLtKK APPROVED: COMMISSION VOTE: 5 -0 Mayor Stoddard Yea Vice Mayor Liebman Yea Commissioner Newman Yea Commissioner Harris Yea Commissioner Welsh Yea South Miami City of South Miami kzftd V PUBLIC WORKS & ENGINEERING DEPARTMENT Afl-AmedcaCHY • INCORPORATED • 4795 SW 75th Avenue 1927 '�c o Rio A Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 2001 TO: Steven Alexander, City Manager FROM: Jorge L. Vera, Capital Improvement Project Manager DATE: October 15, 2013 Resolution: A Resolution authorizing the City Manager to enter into a contract with Perrin International Services, Inc. for a contract price not to exceed $33,456.46 for the Road Resurfacing of SW 62 ST and SW 57th St, to be charged to Local Option Gas Trust Fund account number 112 -1730- 541 -6210. Background: The City of South Miami has multiple sections of road that are in need of street resurfacing, and wishes to perform resurfacing to various locations within City limits. The scope of services for this project includes milling and resurfacing at two locations: 1. SW 57th Street, from SW 62nd Avenue, around the bend and terminating at SW 56th Street. 2. SW 62nd Street, from SW 62nd Avenue, west to the end of the cul -de- sac. On September 20, 2013, the City of South Miami received three (3) bids in response to RFP #CP 2013 -08. Bids were received from the following contractors: H & R Paving $36,400.00 JVA Engineering $44,400.00 Perrin International Services, Inc. $33,456.46 The bids were reviewed and it was determined that Perrin International Services, Inc is the lowest, responsive and responsible bidder for the Road Resurfacing of SW 62 ST and SW 57th St project. Expense: Contract amount not to exceed $33,456.46. Account: The expenditure shall be charged to the Local Option Gas Trust Fund 112- 1730 -541 -6210, which has a balance $244,000.00. Attachments: Proposed Resolution Contract Bid Opening Report 4 lbi 1 s y BID OPENING REPORT 4 Bids were opened on: Friday, September 20, 2013 after: 10:00am For: RFP #CP- 2013 -08 "ROAD RESURFACING OF SW 62ND ST & SW 57""' ST" COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 1. H & R PAVING, INC A8 b j y go, 00 2. JVA ENGINEERING CONTRACTOR, INC !� W t- loo. co 3. PERRIN INTERNATIONAL SERVICES, INCA 4q q (e THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: • r Print Nan Witness: Print Name Witness Print Name Road Resurfacing on SW 62nd ST & SW 57th ST RFP # CP- 2013 -08 Submittal Due Date: September 20, 2013 at 10 AM CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: CHARTERED OFFICIALS City Manager: City Attorney: City Clerk: Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh Steven Alexander Thomas Pepe, Esq. Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence, Integrity and Inclusion" © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page I of 68 Ott CITY OF SOUTH MIAMI Road Resurfacing SW 62nd ST & S7th ST RFP #CP- 2013 -08 The City of South Miami, Florida (hereinafter referred to as "CSM ") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP "). All references in this Solicitation (also referred to as an "Invitation for Proposals ") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #CP- 2013 -08 titled "Road Resurfacing of SW 62nd ST & 57th ST" The purpose of this RFP is to contract for the services listed in the Scope of Services in accordance Section No. 2 "Plans and Specifications" (hereinafter referred to as "the Project" or "Project ") Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://vrww.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 RFP Package, including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (1) original unbound proposal, two( 2 ) additional copies and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows Road Resurfacing of SW 62 "d ST & 57"' ST, RFP # CP- 2013 -08 and the name of the Proposer (also referred to as "Respondent "). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, September 20, 2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Mandatory Pre - Proposal Meeting will be conducted at City Hall in the Commission Chambers on Thursday, September 12, 2013 at 10:00 AM. 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 RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. Maria Menendez, CMC City Clerk City of South Miami tpepe02 -18 -13 Page 2 of 68 SCOPE OF SERVICES I. SCOPE OF SERVICES Scope of work involves performing road resurfacing work on selected streets within the City of South Miami and shall comply with applicable standards, including but not limited to the FDOT, Miami Dade County Public Works standards. Work covered under this contract shall also include and is not limited to maintenance of traffic, milling, clearing and grubbing, asphalt placement, retro reflective pavement markers and striping. The selected streets designated for resurfacing are as shown below: A. Location #1- On SW 57th Street, from SW 62nd Avenue, around the bend and terminating at SW 56th Street. There are approximately 915 linear feet road by 12 feet wide to be milled and resurfaced (contractor shall field verify dimension). A 24 Inch white stop bar marking at the Stop sign intersecting with SW 56 Street. B Location #2 - On SW 62nd Street, from SW 62nd Avenue, west to the end of the cul -de -sac. This location to include removal of a traffic circle curb and prepare for new asphalt. Reduce the radius of the circle to minimum 5 foot radius. There are approximately 400 linear feet road (210 linear feet by 22 feet wide) and (180 linear feet by 29 feet wide around the cul -de -sac) to be milled and resurfaced (contractor shall field verify dimension). A 24 Inch white stop bar marking at the Stop sign intersecting with SW 62 Avenue and 50 linear feet of double yellow 4 inch solid stripe on SW 62 Street. C. Material specification; I. Asphaltic Concrete — Type S -3 (maximum 1/4 "under tolerance) D.O.T. No recycled asphalt, 200Lb.Hubbard field. 2. 8" compacted limerock base on 12" stabilized subgrade (98% max density). D. WHEN SUBMITTING THE BID PACKAGE, PROVIDE PRICE PER LOCATION. 2. PLANS AND SPECIFICATIONS Plans not applicable — 3. PROJECT DURATION The current estimate to complete construction of the project is 30 days substantial completion; 45 days final completion from issuance of Notice to Proceed. This is an estimate and the public bidding process will determine the actual construction cost. A Performance and Payment Bond is required for the full amount of the project END OF SECTION tpepe02 -18 -13 Page 3 of 68 SCHEDULE OF EVENTS No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 08/28/2013 1:00 PM 2 Mandatory Pre -RFP Meeting 0911212013 10:00 AM 3 Deadline to Submit Questions 09/17/2013 10:00 AM 4 Deadline to City Responses to Questions 09/19/2013 10:00 AM 5 Deadline to Submit RFP- Response 09/20/2013 10:00 AM 6 Announcement of selected Contractor /Cone of Silence ends 10/1/2013 3:00 PM END OF SECTION tpepe02 -18 -13 Page 4 of 68 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for the project addressed in the Scope of Services in this RFP. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back -up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise specified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) Attachments /Exhibits to Special or supplemental conditions to Contract b) Special or supplemental conditions to Contract c) Attachment/Exhibits to Contract d) Contract e) General Conditions to Contract f) Addenda to RFP g) Attachments /Exhibits to RFP h) RFP i) Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty -four (24) hours of opening the response submittals received, along with a request for permission to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. 7. The terms, provisions, conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by Tuesday, September 17, 2013 at 10 AM to the attention of Steven P. Kulick at skulickO—southmiamifl.gov or via facsimile at (305) 663 -4368. tpepe02 -I8 -13 Page 5 of 68 9. The issuance of a written addendum is the only official method whereby interpretation and /or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP ") by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and 99 -1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre - proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12. Violation of these provisions by any. particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. tpepe02 -18 -13 Page 6 of 68 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub - contractor, supplier, Sub - consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond, (Bond or cashier's check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and /or Letter of Insurability. The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondent's name and titled as follows: "SEALED PROPOSAL Road Resurfacing of SW 62 "d ST & 57 "' ST, RFP # CP- 2013 -08. All erasures and corrections must have the initials of the Respondent's authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink; all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase "not applicable ". 18. Goods: If goods are to be provided pursuant to this RFP the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal ", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and /or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his /her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the tpepe02 -18 -13 Page 7 of 68 Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations for Proposals shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 20. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in the City's Standard Indemnification and Insurance Requirements, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s); or b) At the time of the Proposal submission the Respondent must submit evidence, acceptable to the City, of insurability in the form of a letter from Respondent's insurance carriers ( "Letter of Insurability ") demonstrating the ability to obtain coverage outlined in City's Standard Indemnification and Insurance Requirements. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best's Key Rating Guide, latest edition unless otherwise required by City's Standard Indemnification and Insurance Requirements and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the Respondent, which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City as an additional named insured who shall have the option, but not the duty, to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and /or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive, responsible Respondent, as determined by the City Commission, subject to the right of the City to reject any and all proposals, to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and /or with other units of state, and /or local tpepe02 -18 -13 Page 8 of 68 governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, in submitting this Proposal, shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and /or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 31. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance, as well as the applicable insurance policy with required endorsements, a Performance and Payment Bond if required, and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond /Security that accompanied the Proposal, and the Proposal Bond /Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates. Proposal Bond /Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 32. Pre - proposal Conference Site Visits: It is mandatory that all Respondents attend a pre - proposal conference if required or requested by the City, and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre - proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. tpepe02 -18 -13 Page 9 of 68 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. 35. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel, in whole or part, any invitation to bid when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. END OF SECTION tpepe02 -18 -13 Page 10 of 68 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: X Bid Form 11Z NIA Proposal Bond N/A X Performance Bond (As a Condition of Award. Not Required *See Note (1) With the Submittal) Below X Respondents Qualification Statement \Z X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest x Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X List of Proposed Subcontractors and Principal Suppliers x Related Party Transaction Verification Form X Indemnification and Insurance Documents *(11) Performance Bond: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal. Submit this checklist along with your proposal indicating the completion and submission of each required forms andlor documents. END OF SECTION tpepeO2-18-13 Page I I of 68 THIS PROPOSAL B SUBMITTED TO: Steven Alexander City Manager City o; South Miami 6|30 Sunset Drive South Miami, FL3]}43 l. If this Proposal b accepted, the undersigned Respondent agrees to enter into u Contract with the City of South Miami in the form included in this RFP Package, and ua perform and furnish all work os specified 'r mdicmmu6 in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFPPackage. 1 Respondent accepts all of the terms and conditions of the Advertisement, RFR Invitation for Proposals and Instructions t* Respondents, including without limitation those dealing with the disposition vf Prppooa|Qnnd5ecvrity. This Proposal will remain subject co acceptance for 9D calendar days after the day of the Pnwpmua| Opening. Respondent agrees to sign and submit the Contract, the Bonds, Insurance Policy with appropriate endorsements, Insurance Certificate, and other documents required by the RFP, within ten ()0) calendar days after the date cf the City's Notice ofAward. 3. In submitting this Proposal, Respondent represents thnc a. Respondent has examined copies q( all the KFP Documents and cf the following Addenda, Kany (receipt of all which h hereby acknwwledge6.) Addendum No. | Dated/ Addendum No. Dated Addendum No. Dated Addendum No. Dated: Addendum No, Dated: Addendum No. Dated: September 12,2013 �/ t^ 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 inany manner may affect cost, progress, performance orfurnishing of the Work. c. Subsurface conditions: |f applicable *o this RFP the Respondent represents that: i. Respondent has mmd|a6 ox,mfuUy all reports and drawings, if appUcmh|m, of subsurface conditions and drawings of physical conditions, ii Respondent has ou**i^ad and carefully studied (or assumes responsibility for obtaining and carefully studying) all such cxominadonu, in.eorigodono, oxp|oratinmu, tests and studies in addition soormo supplement those referred to in (c) above which pertain mx 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 uwn6it/nna of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations. expYm,ado*o. tests, ^epnnz or similar inK,rwmck»n or data are, or vvUi be required by Respondent for any reason in connection with the Proposal. tpmpaO2'18-13 Page 12 nf88 iii, Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d, Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies, e, This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation', Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY, 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place, The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders, The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price of, QUOTE EACH LOCATION SEPARATELY: LOCATION #1 PRICE: Fifteen Thousand and Forty-Four Dollars and 85 cents ($15,044,83) LOCATION #2 PRICE: Eighteen Thousand Four Hundred and Eleven Dollars and 61 cents ($18,411,61) TOTAL PRICE _1hirty-t reCOy ;and Four Hlindred aild i, _fjfty-_�S� dollars and Fo -Six cents $ 33,456.46 Alternates: #1 #5 #2 #6 #3 #7 #4 #8 tpepeO2-18-13 Page 13 of 68 A fee breakdown. if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within 45 days from the date stipulated in the NOTICE TO PROCEED, Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: PFRRIN (NITERNATIONAL SERVICES, INC. Address: 12491 SW 134 COURT, #20 MIAMI, FL 331$6 Telephone: 305-378-8594 Facsimile- Attention: GREGORY PERRY, PRESIDENT 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this RFP Package. SUBMITTED THIS DAY OF 203 PROPOSAL SUBMITTED BY: PERRIN INTERNATIONAL SERVTCES, INC. Company GREGORY PFRRY Name of Person Authorized to Submit Signature PRESIDENT Title 305-378-81-94 Telephone Number 305-378-8995 Fax Number operry(uPerrintlxom Email Address END OF SECTION tpepeO2-18-13 Page 14 of 68 ADDENDUM No. #1 Project Name: Road Resurfacing SW 62 St & S7 St Date: September 12, 2013 Sent: Fax/E-maillwebpage 06 This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1: Is there a budget for this project? Answer to iDuestion #11: Yes, the budget is $40,000. Ouestion #2• Will this project be split between two or more contractors? Answer to Questi2n #2: No, the project will not be split, A single contractor will receive the award for both locations identified in the RFP, "Scope of Services," Page 3. Question #1 Please advise if the traffic curb must be replaced with a similar curb for "Location #2 — SW 62 St." Page I of 2 Answer to Question #3: No. The traffic curb at the end of the cud -de-sac is to be removed only and not replaced. Is milling required? A.ns.wer_t_o­ Qua s� rs!1#4: Milling is required at "Location #2 — SW 62 St." only-, milling is not required at "Location #1 -- S 57 St," Please advise the thickness of the asphalt that must be applied at both locations. Answer to Ouestion #5- The asphalt must be applied at I" (Inch) thick for both locations. Please advise if the City would consider using recycled asphalt? Yes, the material specification located in the R under "Scope of Services," Section "C" is revised to include a 20% mixture of recycled asphalt. jal"s Page 2 of 2 NOTE: NOT REQUIRED FOR THIS PROJECT PROPOSAL BOND STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of South Miami ( "City "), a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Proposal dated for the pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents; NOW THEREFORE, A. If the principal shall not withdraw said proposal within ninety (90) calendar days after the date for opening of the same, and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature, enter into a written contract with the City in accordance with the proposal as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and provide proof of insurance as required, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said proposal within ninety (90) calendar days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the proposal as accepted, and /or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it for signature and /or in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process, then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Proposal Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including proceedings required to obtain the court order of disbursement, including the cost of all appeals or other related proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. tpepe02 -18 -13 Page I S of 68 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: ATTEST: Secretary By: *Impress Corporate Surety Seal (Seal) (Individual or Partnership Principal) (Business Address) (City /State /Zip) (Business Telephone) (Corporate Surety)* IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YO By: tpepe02 -18 -13 Page 16 of 68 BOND #964121109 FORM OF PERFORMANCE BOND (Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal) KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Perrin International Services Inc , whose business address is 12491 SW 13 Ct and whose telephone number is �,Q;i- 378 - 4TJR�IQCEaCO rind I (hereinafter referred to as "Contractor"), and THE OHIO CASUA (i j�j� , whose business address is 62 Maple Ave ** and whose telephone number is 7 , as Surety, are bound to the City of South Miami whose business address is 6130 Sunset t -D� ;d whose telephone number is , as Obligee, (hereinafter referred to as "City ") in the amount of Thirty Three Thousand Four Hundred Fifty ix and 46/1 M Dollars ($_33,456.46 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. ** Keene, NH 03431 WHEREAS, Contractor has entered into a Contract, for the «PROJECT% awarded on the 21st day of OCTOBER 20_13, under Contract Number by the City for the construction of Road Resurfacing of SW 62 & 57 ST. (brief description of the Work) in accordance with drawings (plans) and specifications prepared by hM which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that the Contractor: I . Fully performs the Contract between the Contractor and the City for the Road Resurfacing of SW 62'd ST & 57" ST, within 4S days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. if the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. tpepe02 -18 -13 Page 17 of 68 The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this _ 23rd day of OCTOBER , 2013 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN P ESE GE OF: __ b4s-e� 4lu-e ",a-kS OR ATTEST: Secretary "7N TIE PRESENCE OF: irvd AL or ey -in-fact Signature) vvii #nes STATE OF FLORIDA COUNTY OF MIAMI -DADE On this, the 23 day of OCTOBER _ Florida, the foregoing performance bond was acknowle President __ (Title), of Orl a _ (State of Incorporation) c, Services inc WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: _..(./ Personally known to me, or Personal identification: Type of Identification Produced _ Did take an oath, or Did Not take an oath. tpepe02 -18 -13 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City /State /Zip) ((Business Telephone) PERRIN INTERNPATIONAL SERVICE_ S INC (C a me) President) , Gregory E. Perry 12491 SW 134 Court (Business Address) Miami Florida 33186 (Cit /State /Zip) 305 - 378 -9594 (Business Telephone) The Ohio Casualty Insurance Company INSU 7171t CE COMPANY: BY: t t % (SEAL) AA_�ent ` GLADYS - IN- FACTiAGENT 62 Maple Ave t. (Business Address) Keene, NH 03431 (City /State /Zip 954 - 323 -3587 (Business Telephone) 20 1 3, before me. the undersigned notary public of the State of ged by _.Gregory E. Perry (Corporate Officer), I Ebrnm" kpires Jan 9, 2017 Commission # EE 863782 or Type as Page 18 of 68 BOND #964121109 FORM OF PAYMENT BOND (Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal) KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.01, et seq.. Florida Statutes. we, PERRIN INTERNATIONAL SERVICES INC , whose business address is 12491 SW 134 CT and whose telephone number is 3Q53788 Q5 a as Principal, (hereinafter referred to as "Contractor "), and rASlly ALTY INSURANCE COMPANY whose business address is 62 Maple Ave " and whose telephone number is , as Surety, are bound to the City of South Miami, whose business address is 6130 Sunset Dr and whose telephone number is ,as Obligee, (hereinafter referred to as "City ") in the amount of Thirty Three Thousand Four Dollars ($3245��, —,_) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. * Keene, NH 03431 """ Hundred Fifty Six and 46/100 WHEREAS, Contractor has, by written agreement, entered into a Contract for the «PROJECT)), awarded on the 21 day of .20 under Contract Number for the construction of Road Resurfacing of SW 62 & 57 ST (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by NLA„which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract'; THE CONDITION OF THIS BOND is that if the Contractor: I . Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond, IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this 2,'I day of 0C10RE=R I 20_J3, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. • w3 r W/A X •_L �. g • c W t4h �� k7Qt4s Li (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City /State /Zip) (Business Telephone) OR PERRIN INTERN AL SERVICES INC (Cor o e)) ATTEST: r/ e--- �--•"� (President) GREGORY E. PERRY _ 1241 S�!__13�Court Secretary (Business Address) tpepe02 -18 -13 Page 19 of 68 THE OHIO Miami Florida 33186 (city /State /Zip) 305 -378 -8594 _ (Business Telephone) Perrin International Services inc SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE PRINCIPAL AND The Ohio Casualty Insurance Company IS THE SURETY IN THE�PRESENCE -dF STATE OF FLORIDA COUNTY OF MIAMI -DADE THE OHIO CASUALTY INSURANCE COMPANY INSURANOMPANY: (Agent and A Signature) GLADYS KEITH 62 Maple Ave (Business Address) Keene NH 03431 (City /State /Zip 954- 323 -3587 (Business Telephone) On this, the _ 23 day of OCTOBER , 20_1a before me, the undersigned notary public of the State of Florida, the foregoing payment bond was acknowledged by ry F Perry (Corporate Officer), President (Title), of Perrin International (Name of Corporation), a Florida,,,,..,,,__ (State of Incorporation) corpo * Services Inc se WIENER CHALWRE WITNESS my hand and official seal. a' Notary Public - State Of flO►Ida NOTARY PUBLIC: SEAL OF OFFICE: _`° Personally known to me, or Personal identification: Type of Identification Produced _ Did take an oath, or Did Not take an oath. 'Power of Attorney must be attached. Aft Furft. Expires don 9, 2017 Commission # EE 863702 Bonded Through Natiolral Notary Am (Name of Notary Public: Print, Stamp or Type as commissioned,) END OF SECTION tpepe02 -18 -13 Page 20 of 68 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5932858 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of { the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized underthe laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Gladys Hardy Keith; Michele Council; Tammy Fuld 1 all of the city of Lake Placid state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute; seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed; any and all undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of January 12013 American Fire and Casualty Company The Ohio Casualty Insurance Company o _ Liberty Mutual Insurance Company d O a) West American Insurance Company C N Q STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary _ > COUNTY OF KING to C tC Q On this 3rd day of January 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American — v F- u d Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, �,N 0 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W Lp CL > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written M c •� iC�b By: � �- o C ,. KID Riley, Not Public a L � O d E a (0 This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance .y L Company; Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: c c L ARTICLE IV — OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for thatpurpose in writing by the Chairman or the President, and subject 0 C a) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, CD p = acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact; subject to the limitations set forth in their respective :a 3 E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ' O executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power orauthority granted to any representative or attorney -in -fact under > "— L the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. d Q = ARTICLE XIII — Execution of Contracts— SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to act in behalf of the Company to make; execute, E M 0; seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject tolthe limitations set forth in their C 00 Z 0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. o to Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ `_ attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. i, David M. Carey, the undersigned, Assistant Secretary; of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. }� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this. day of By: David M. Carey, Assistant Secretary - LMS .12873 092012 18 of 200:: AdCORBIr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/31/2013 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 ALL CITY INSURANCE INC - ACI 275 FONTAINEBLEAU BLVD. SUITE 190 MIAMI FL 33172 CONTACT JAVIER A. GUTIERREZ PHONE (305) 463 -9431 FAX .(305) 436 -6797 E -MAIL JGUTIERREZ @ALLCITYINS.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ASSOCIATED INTERNATIONAL INSURED PERRN INTERNATIONAL SERVICES. INC. 12491 SW 134TH CT #20 MIAMI FL 33186- -MID- CONTINENT CASUALTY CO 1 INSURE C: EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED INSURER D : MEDEXP (Any one person) INSURER E: _ INSURER F PERSONAL & ADV INJURY GENERAL AGGREGATE COVERAGES CERTIFICATE NUMBER: 05 REVISION NUMBER: 00 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 I TYPE OF INSURANCE ADDL SUBR ACCORDANCE WITH THE POLICY PROVISIONS. POLICY EFF POLICY EXP LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 04GL00087006 11/07/2012 11/07/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 MEDEXP (Any one person) $ EXCLUDED PERSONAL & ADV INJURY GENERAL AGGREGATE $ 1,000,000 _ $ 2,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO- PRODUCTS - COMP /OPAGG $ 1,000,000 $ B AUTOMOBILE X I LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS A UTOS NON -OWNED HIRED AUTOS X AUTOS 04GL00087006 11/07/2012 11/07/2013 COMBINED SINGLE LIMIT 2M 1,000,000 BODILY INJURY Per person) $ BODILY INJURY Per accident $ PR OPERTY DAMAGE der $ I $ A L X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE JAG204787Q131030 -001 10/31/2013 10/31/2014 EACH OCCURRENCE 1,000,000 AGGREGATE $ 1,000,000 DED RETE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE ❑ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS b6m, NIA WC STATU- I OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: RFP#CP- 2013 -08 Road resurfacing of SW 62 Street and 57 Street CFRTIFICATE HOLDER CANCELLATION Al 000154 @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SOUTH MIAMI ACCORDANCE WITH THE POLICY PROVISIONS. 6130 SUNSET DRIVE SOUTH MIAMI FL 33143- AUTHORIZED REPRESENTATIVE @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar construction projects completed, a) In the past 5 years 5 In the past 5 years On Schedule 5 b) In the past 10 years 0 In the past 10 years On Schedule 0 2. List the last three (3) completed similar projects. a) Project Name: NW 128TH STREET ROADWAY IMPROVEMENTS DESIGN -BUILD PROJECT MASTERMIND CO ST. TEAM) Owner Name: CITY OF OPA LOCKA Owner Address: 780 FISHERMAN STREET, OPA LOCKA, FL 33054 Owner Telephone: Mohammad Nasir (305)953 -2868 Original Contract Completion Time (Days): 60 DAYS Original Contract Completion Date: MAY 312013 Actual Final Contract Completion MAY 15, 2013 Date: Original Contract Price: $336,212 (Civil Const. Portion) /$395,827 (Total incl. Design) Actual Final Contract Price: $395,827 b) Project Name: NORTH MIAMI TRAFFIC CALMING - NE 7TH/141ST Owner Name: CITY OF NORTH MIAMI Owner Address: 776 NE 125 ST., NORTH MIAMI, FL 33161 tpepe02 -18 -13 Page 21 of 68 Owner Telephone: KERRITH FIDDLER (305)895 -9830 EX 2206 Original Contract Completion Time 60 DAYS (Days): Original Contract Completion Date: 07/01/2012 Actual Final Contract Completion 06/13/2012 Date: Original Contract Price: $49,953.75 Actual Final Contract Price $49,953.75 Project Name: NORTH MIAMI TRAFFIC CALMING I -NE 7TH/139TH Owner Name: CITY OF NORTH MIAMI Owner Address: 776 NE 125 ST, NORTH MIAMI, FL 33161 Owner Telephone: KERRITH FIDDLER 305 - 895 -9830 EX 2206 Original Contract Completion Time 60 DAYS (Days): Original Contract Completion Date: 04/01/2012 Actual Final Contract Completion Date: 02/25/2012 Original Contract Price: $49,953.75 Actual Final Contract Price: $49,953.75 tpepe02 -18 -13 Page 22 of 68 3. Current workload Project Name COPI 741 NW 56 Street Owner Name C Comprehensive Outreach Programs, Inc. Telephone Number 786 - 251 -9289 $35,832 Sherbondy Village Parking City of Opa Locka c/o Mastermind Const. 305- 953 -2868 Pending Notice of Award 4. The following information shall be attached to the proposal. a) RESPONDENT'S home office organization chart. b) RESPONDENT'S proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any: N/A a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years I. 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: City of West Park tpepe02 -18 -13 Page 23 of 68 Address: 1965 S. State Road 7, West Park, Florida Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 954 - 889 -4162 Dan Millien, Superintendent of Public Works Neighborhood Improvements City of North Miami 776 NE 125 Street North Miami, Fl 33161 305- 318 -1690 Rick Cade, Streets Coordinator Sidewalk Improvements / Streetscape St. John CDC 1324 NW 3rd Avenue 305- 372 -0682 (oaluko@stjohncdc.org) Ola Aluko Paving and Drainage, Pavement Markings & Signage tpepe02 -18 -13 Page 24 of 68 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OFMIAMI-DADE Gregory Perry being first duty sworn' deposes and states that: (>) He/0hc/Thcy is/are the M6dew ([wnwr, Partner, Officer, Representative or Agent) of PEoD(Nlml'5%mA'rIONAL SERVICES, INC. the Respondent that has submitted the attached Proposal; (2) He/She/They is/an:R'|ly informed concerning the preparation and contents p/ the attached Pu,p*su| and o( all pertinent circumstances concerning such Proposal; (3) Such Proposal \u genuine and |o not a collusive nr sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, ownem, ugeom^ repreoeotat/*s, employees or parties io interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or )ndimudy, with any other Respondent, Uon' or person xo submit u collusive nr 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 cnmfermoso with any Respondent, 6,m, or person to 8x any nvor6em6, 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 nf any other Respondent, nrto secure through any collusion, conspiracy, connivance, or uokovfu| 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 ofinterest, including this affi*nt. Signed, sealed and de vere the presence of: Witness �tx� zlll� A's Witness Signature GREGORY PERRY, PRESIDENT Print Name and Title mepO2'18-13 Page 25 of 68 ACKNOWLEDQ_EM�ET STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 1'�' day 20-121—, before me, the undersigned Notary Public of the State of Florida, personally appeared (NameW f individual(s) who appeared before notary)- n_ L�:<: 11 L-11 . .. .... ... —_ and whose name(s) islare Subscribed to the within instrument, and he[She/they acknowledge that helshe/they executed It WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: L' SEAL OF OFFICE: (Name of Notary Public- Print, Stamp or type as MARISOL ROSENTHAL commissioned.) (aNotWy PubliC, Staft Of ROddet carne "ion 000983163 Personally known to me, or rnMyocivivssion ExpkesJuL 31,2014 Personal identification., "'T Type of Identification Produced - Did take an oath, or 0 Thonias R Pepe, 2011-2013, All rights reserved. 6/1 Rtl 3 Did Not take an oath. Page 26 of 68 Pursuant to the provisions of Paragraph (2) (a) of Section %87|I3, Florida State Statutes — ^ApeponoruffiKate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Prnpuyo} or bid on u Contract uoprovide any goods or services to a public endty, may not submit 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 public entity, may not be awarded to perform VY^rh as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under u Contract with any public eot|q/, and may not transact business with any public entity in excess of the threshold mn000t Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer. director, partner, associate or agent who ixa|«omodfficeroremp|oyeecfcheChYcfSoutkMbmiorksuQenc/es. GVVOFN STATEMENT PURSUANT TD SECTION l87}33(B(a), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFANOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to CITY OF SOUTH MIAMI [print narne of the public entity] by GREGORY PERRY, ������r (print individual's name and title] for 11CRRIN INTERNATIOINAL SERVICES, INC. [print name o( entity submitting sworn statement] whose business address is 12491 SW 1.34THCO08T, UNrT420 MIAMI, FL 3.3|86 and (if its Federal Employer identification Number (FBN) is 26-2313022 (if the entity has no FEIN, include the Social Security Number uJ the individual signing this sworn statement: I | understand that a~pubh ohno as defined in Paragraph 287.133 (1)(g), means a violation of any state wv federal law 6ym person with respect to and directly related tothe 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 »o,any 6/6, 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, cw}iu»1on, rackeooring, opospi/acy, or material misrepresentation, I ( understand that "convicted" or "conviction" as ao dw8ne6 in Paragraph 287.133 (|) (6). Fj uicia &tLtutm�meno�n�od�nXw��uU�ur�cov,i�r|�n��apmh|\�en�icycrimm.vvic�orv"�knu�wou6iuJicuxinn of guilt. in any federal or ooua m-|w| court of rmmpr6 relating to charges brought by indictment or information after July |. 1989` as a ,eov|t of a jury verdict, non-jury trial, or entry of a plea of g«i(q/ or mo|oountendere. / understand that at) ^uffi|iac ''amdefinedinPuragruph287!l3(|)(a), means� (a) A predecessor cv successor ufm person convicted nYa public entity cr|me or ,'OTovm* p Pepe, zon-2wam/ughws reserved, Page 27 of 68 (b) An entity under the control of any natural person who bactive in the management of the entity and who has been convicted cfa public entity crime. The term ^affiUate�^ includes those officers, directors, executives, partners, ah*reh66era, employees, membea, and agents who are active in the management pfunaffiliate, The ownership 6y one person of shares constituting acontrolling interest in any person, or a pooling of equipment or income among persons when not for fair market value under on arm's length agreement, shall be o 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 6e considered umaffiliate. S. | understand that a "person" as defined in Paragraph 287133 (U (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 u binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services |ac by m public mnhm, or which otherwise transacts or applies *a transact business with u public entity. The term ''permon''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 |have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement 3pplies.] Neither the entity submitting this sworn statement, nor any of its officara, directors, exwzwd,os partners, ahvnek'dder*, emp|oymem, mpmhors, or agents who are active in the management nf the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July |.|989. The entity submitting this sworn statement, or one or more of its officers, directom, executives, partoco, ohmreh6dem, employees, memh*rm, 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 The entity submitting 6is sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, membera, or agents who are active in the management n{the entity oranaffiliate of the entity has been charged with and convicted ofu public entity crime subsequent of July |.|989. However, there has been a subsequent proceeding before nHearing Officer of the State of Florida, Division of Administrative Hearings and the Rnu| Order entered by the Hearing Officer determined that itwas not in the public interest uz place the entity submitting this sworn statement on the convicted vendor list. [attach n copy of the final ordec] | 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 J| OF THE CALENDAR YEAR IN WHICH IT |6 FILED. \ ALSO UNDERSTAND THAT k AM REQUIRED TO [NR]&M THE PUBLIC ENTITY PRIOR TDENTERING INTO A CONTRACT |m EXCESS [>FTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, ELORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE <N THE INFORMATION CONTAINED /N THIS FORM, ~--' (Signature] k Sworn ooand subscribed before mcthis dayof Personally known OR Produced identification Notary Public — State of My commission expires ri 4, � (Type ofidentification) (Printed, dur stamped commissioned Form PJR7868(RanO8/|//9J) name wJ notary public) M8RISOLROSENTHAL 0 Thomas r. Pepe, m||-20|3.x||rights reserved. Notary Public, State of Florida 6/18/13 ~~""'"ss~'`~~^~''"~ ���m����m*o� ����' ' Page 2Gof88 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition, 2) Inform employees aboutt the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. b) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPQNDENT's Signature , ,, :LL Print Name: GREGORY PERRY Cate: (0'r omas F. Pepe, 2011 -2413. All rights roserved. (,118!13 Page 29 of 68 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Perrin International Services, Inc. , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORS for the Road Resurfacing of SW 62" ST & S7' ST project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): Master Paving Engineering, Inc, All Professional Striping. Inc, ................ to comply with such act or regulation. CONTRACTOR PERRIN INTERNATIONAL SERVfCES. tW—. Witness, GREGORY PERRY BY . . ....... . Name PRESIDENT Tide I " c, Thomas V Pepe, 2011-2011 AIJ rights rcsmed. 6118;13 '. ♦^ 1 # v LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Landscape Subcontractor Address Email Sodding and Turf Work Electrical Irrigation Paving Master Paving Engineering 8249 NW 36 St.,Mia, Fl 33166 305 - 418- 8775/8716 Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: Pavement Markings &Sign All Professional Striping, Inc. 11925 SW 187 Street Miami, Fl, 33177 / 786- 271 -1552 786 -573 -1131 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, 2011 -2013. All rights reserved. 6/18/13 Page 31 of 68 RELATED PARTY TRANSACTION VERIFICATION FORM 1 Gregory Perry , individually and on behalf of Perrin International Services, Inc. ( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City ")'s Code of Ethics, Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that 1, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [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 he /she 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: _(use (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 and /or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and /or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; 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 and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; 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 and /or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 6/18/13 Page 32 of 68 (6)|and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person oragency acting for the City, and that we have not appeared imrepresentation of any third party before any board, commission or agency of the City within the past two years other than as follows: 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:NPurchasing\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; (h) any city employee, or (iii) any member of any board or agency of the City other than xsfollows: f necessary, use a separate sheet to supply additional in(�r tion 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, m~tm their immediate family roemLers]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 57* 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 «ousolicitation by the City in which | or the Firm that represent or anyone who has u8nancial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; 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 ,` not required ,p make un independent investigation into the Other Firm, ur the Firm he/she represents, ** 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)| and the Firm agree that *e are obligated to supplement this Verification Form and inform the City ofany change )n circumstances that would change our answers ro this document. Specifically, after the opening oyany responses. mmm solicitation, | and the Firm have ao obligation vasupplement this vehfimationForm with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties tmme 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 maor the Firm oo 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 hwrrinmhove are true and correct oo the best wfmy knowledge, information and belief. Signature: Print Name & Titie: Gregory Perry, President m1-homai F Pepe, »»|1-2m/3, All rights reserved, muo3 Page 33of68 ATTACHED: Sec. 8A- I - Conflict of interest and code of ethics ordinance. Municode Page 10f4 Sec. 8A -1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 34 of 68 for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 35 of 68 (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (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)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 36 of 68 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly' where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6 -99 -1680, § 2, 3 -2 -99) Editor's note- Ord. No. 6 -99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced them with new §§ 8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...11, 1969. END OF SECTION Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 37 of 68 The City has considered the Proposal submitted by your firm for the Road Resurfacing of SW 62" & 57`a ST in response to its advertisement for Request for Proposal and instructions to Respondents. You are hereby notified that your Proposal has been accepted for the Road Resurfacing of SW 62 "d & 57`s ST in the lump sum amount of $ �>�s, 14 (0 . 4 ( , broken down as follows: Base Proposal: �q 4�; Alternate # 1: V' / >A,- Alternate #2: Alternate #3: You are required by the Instructions to Respondents to execute the Contract and furnish the required Performance Bond, Payment Bond, Insurance Endorsements and Certificates of Insurance (see Proposal Submittal Checklist Form) within ten (10) day from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds, insurance endorsements and certificate of insurance within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal, revoke the award and retain the Propos I Bond /Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year co tr t quiring payment out of more than one year's appropriation, the award and the contt must be appravedjbyh City Commission before it is binding on the City. BY: Jorge era CIP Pr jest Man ger Dated this Z-1 day of 20 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by On this the '7-1 day of °� 20 P BY: �i���'�ii TITLE: L�C> o ,rhomas F. Pepe, 2011 -2011 Ail rights reserved. 6/18/13 CONTRACT Road Resurfacing of SW 62nd ST & 57"' ST THIS CONTRACT was made and entered into on this day of 0GkP,i , 20 f 3, by and between PERRIN INTERNATIONAL SERVICES, INC. (hereafter referred to as "Contractor "), and the City of South Miami (hereafter referred to as "Owner "), through its City Manager (hereafter referred to as "City "). WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 2. The Contract Documents shall include this Contract, the General Conditions to the Contract, the drawings, plans, specifications, project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ( "hereinafter referred to as "Bid Documents ") and any documents to which these documents refer which are made part of these documents and that are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the amount of: Thirty -Three Thousand Four Hundred & Fifty -Six &46/100 Dollars ($ 33,456 46 ), Lump Sum. (Spell Dollar Amount on line above) The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the above price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor, (all as provided for in the Contract Documents), less the retainage which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of $150.00 dollars per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor, at its expense within five (5) business days after the receipt of notice from the Owner to do so, shall furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 39 of 68 9. 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 Owner and in accordance with the Contract Documents. 10. The date that this contract was "made and entered into" is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into 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. SECOND PAGE of a two (2) page CONTRACT made and entered into on this Z / day of j!�% Z1762/ , 20,L.�—, by and between Perrin International Services, Inc. (hereafter referred to as "Contractor "), and the City of South Miami ( hereafter referred to as "Owner "), through its City Manager ( hereafter referred to as "City "). 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. WITNESSES: CONTRACTOR: Signature: �A--, Vie Name: Gr e (pr a e of Wit ) Title: President 1 7 1 (print name of Witness) AUTHENTICATION: OWNER: CITY`OF SOUTH MIAMI Steven City Clerk Read and Approved as'to Legality and E*ecXioa-th, © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 40 of 68 GENERAL CONDITIONS ARTICLE I — DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is /are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Da): A period of twenty -four hours measured from the beginning of the day at 12:01 a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty -four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 41 of 68 Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 42 of 68 Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security /Performance and Payment Bond: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 43 of 68 and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre- construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. ARTICLE 3— CORRELATION INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 44 of 68 attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service ". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to Contract (c) Contract with all Exhibits thereto (d) Supplemental Conditions (e) Special Conditions (f) General Conditions (g) Written or figured dimensions (h) Scaled dimensions (i) Drawings of a larger scale (j) Drawings of a smaller scale © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 45 of 68 (k) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY/ CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 — INSURANCE AIA INSUANCE PROVISION 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor 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: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 46 of 68 5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 5.0.5 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; 5.0.6 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; 5.0.7 claims for bodily injury or property damage arising out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Contractor's Liability Insurance: 5.1 CONTRACTOR 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 set forth below: 5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Comprehensive General Liability insurance with broad form endorsement, on a Florida approved form including 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; • Automobile Liability: $1,000,000 each accident/occurrence. • Excess /Umbrella: $1,000,000 per claim Excess /Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. 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 (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. 5.1.3 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. 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 the Insurance Services Office, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non - Ownership 5.2 Before starting the Work, the CONTRACTOR shall file with the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. In addition, the CONTRACTOR shall deliver, at the time of delivery of the insurance certificate, an endorsement to the © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 47 of 68 policy naming the City as an additional named insured and an endorsement that requires the insurer to provide the CITY with notice of modification, lapse, termination or cancellation of the policy twenty (20) days prior to effective date of the modification, lapse, termination or cancellation, including cancellation for non - payment of premium. The notification shall be in writing and served by certified mail, with proof of deliver, on the CITY. It shall be the responsibility of the CONTRACTOR as well as the insurer to notify the City of termination, cancellation, lapse or modification of any insurance coverage or policies insuring the CONTRACTOR, which relate to the activities of such CONTRACTOR and the City of South Miami. Such notification shall be in writing and served by certified mail, with proof of delivery to the CITY twenty (20) calendar days prior to the modification, lapse, termination or cancellation of such coverage or policies. This requirement shall also be reflected on the Certificate of Insurance. The CITY shall have the option, but not the duty, to pay the unpaid premium and the right to terminate or cancel the policy thereafter without notice to CONTRACTOR or liability to the City for such cancellation. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR where applicable. Fire and Extended Coverage Insurance (Builders' Risk): 5.4 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, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery 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 actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY by certified mail. Cancellation and Re- Insurance: 5.6 If any notice of cancellation of insurance or changed by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the CONTRACTOR 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. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As- Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 48 of 68 Drawings with annotations, shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor, Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 49 of 68 organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the "CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 50 of 68 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 1 I and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re- submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 51 of 68 CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up- 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 Unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the Contractor shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they are liable. In consideration of the separate sum of One Hundred Dollars ($100.00) or other valuable consideration, CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT from any claim, damage, loss or expense that is caused in part by a party indemnified hereunder. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 52 of 68 give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties ") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 53 of 68 furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 — WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. C Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 54 of 68 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and /or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections and /or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and /or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 55 of 68 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE I I — CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 1 1.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 1 1.2.2 Method or manner of performance of the Work. 11.2.3 CITY - furnished facilities, equipment, materials, services, or site; or 1 1.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with © Thomas F. Pepe, 2011-2013. All rights reserved. 6/18/13 Page 56 of 68 the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section 11.7 and 11.8. 11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7,1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15 %. If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami -Dade County and shall include only the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR ". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said © Thomas F. Pepe, 201 1 -2013. All rights reserved. 6/18/13 Page 57 of 68 rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15 %). 11.1 1 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in ► 1.8. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12. ► Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 58 of 68 be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 '` day following the date of the event upon which the claim is based. ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Word at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13. 1, shall take precedence over Section 13.1. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor © Thomas F. Pepe, 2011-2013. All rights reserved. 6/18/13 Page 59 of 68 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order ", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10 %) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTNT's approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 60 of 68 on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials ". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e -mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and /or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663 -6343 with any questions. Acceptance of Final Payment as Release © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 61 of 68 14.1 1 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 62 of 68 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY or the CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (2 1) calendar days of the first observance of such injury or damage. © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 63 of 68 ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami -Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 ACCESS TO PUBLIC RECORDS CONTRACTOR and all of its subcontractors are required to comply with public records laws (s.1 19.0701) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. e. If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. The City shall also have the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. f. The Contractor shall retain all records associated with this Agreement for a period of three (3) years from the date of Termination or as otherwise required by Chapter 1 19. 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 © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 64 of 68 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 CITY. 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. IN WITNESS WHEREOF, the parties hereto have executed the Ge er Conditions to acknowledge their inclusion as part of the Contract Documents on this 'Z/ day of_120/3 WITNESSES: CON Signat Title: AUTHENTICATION: OWNER: CI7 Signatu e: Maria Menen z City Clerk Read and Approved a o Form, Legality, and E i n Thereof: re: © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 END OF SECTION Page 65 of 68 Supplementary Conditions A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the Principal Consultant, Civil Engineer of Record, and /or City Engineer and the CONSULTANT's name, address, telephone number and facsimile number is as follows: City of South Miami 14 P Jo , Capital Improvement Manager 4795 SW 75 Ave Miami, Fl. 33155 Fax: (305)668 -7208 B. Supplemental Definition: Work that is unsatisfactory, faulty, or deficient shall mean work that does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). C. Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" as defined in Article 1. D. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the CONTRACTOR and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be binding on both parties. Non - conformance to Contract: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non - conformance or failure to meet delivery schedules may result in the Contract being found in default F. Default Provision: In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby G. Indemnification: The CONTACTOR shall indemnify, save harmless, and defend the City of South Miami, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of services pursuant to the Contract and /or from any procurement decision of the CITY including without limitation, awarding the Contract to the CONTRACTOR. H. Secondary /Other Contractors: The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and /or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. I. Assignment: The CONTRACTOR shall not transfer or assign the performance required by the Contract without prior written consent of the City Manager. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The CONTRACTOR shall not assign any of its duties, obligations and responsibilities. The City will not unreasonably withhold and /or © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 66 of 68 delay its consent to the assignment of the CONTRACTOR's rights. The City may, in its sole discretion, allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. J. Plans for Construction: The successful Bidder will be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the reproduction cost. K. Warranty/Guarantee: CONTRACTOR shall act as agent, on a limited basis for the City, solely for the follow -up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty /Guarantee coverage under this Contract. IN WITNESS WHEREOF, the parties hereto have executeo th Supplementary Conditions to acknowledge their inclusion as part of the Contract on this � day of Ce-t-D � 20�, WITNESSES: CONTRACTOR: Signature: Name: Gregory Perry Title: President AUTHENTI TION: OWNER: Signatur : _ Signature: Maria Menendez City Clerk END OF SECTION © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 67 of 68 TO: NOTICE TO PROCEED PROJECT DESCRIPTION: Road Resurfacing of SW 62nd ST & 57 " ST in accordance with Plans and Contract Documents as may be prepared in whole or in part by �e.T, the prime consultant and hereinafter referred to as CONSULTANT. You are hereby notified to commence Work in accordance with the Contract dated , on or before You are to complete the work within 45 days. The date of completion of all Work is therefore City of South Miami BY: Steven Alexander. City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this day of 20 BY: TITLE: END OF DOCUMENT © Thomas F. Pepe, 2011 -2013. All rights reserved. 6/18/13 Page 68 of 68