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Res No 007-14-14101RESOLUTION NO.: _--lO<!...7!....:-=-1!....:4~-=-1!....:4~1wO<!...1'--__ A Resolution authorizing the City Manager to enter into a contract with Hartzell Construction, Inc., for an amount not to exceed $18,000 for the restoration of six (6) windows located in the Sylva Martin building. WHEREAS, the City wishes to restore six (6) windows located in the Sylva Martin Building the City; and WHEREAS, the Sylva Martin has been designated a historic site by the City's Historic Preservation Board; and WHEREAS, restoring the windows to their original state is consistent with the Sylva Martin Building's historic designation; and WHEREAS, the City received two sealed proposals for the restoration of the Sylva Martin Building windows and Hartzell Construction, Inc., submitted a responsive and responsible proposal that was the highest ranked proposal by a Selection Committee. WHEREAS, the City manager hereby recommends that the contract be awarded to Hartzell Construction Inc. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter into a contract with Hartzell Construction, Inc., for an amount not to exceed $18,000 for the restoration of six (6) windows located in the Sylva Martin building to be paid from Account No 301-1790-519-6450 with a current balance of $15,000 and from a grant from The Villagers Inc., through Account 114-4101- 519-6450 with a current balance of $3,000. A copy of the proposed contract is attached to this resolution. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ENACTED this ~ day of January ,2014. ATTEST: CITY ~RK /ItPvrrj APPROVED:~ M!Jt/1t COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Commissioner Welsh: Yea To: From: Date: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager January 21,2014 South Miami .xed iiii'P 2001 A Resolution authorizing the City Manager to enter into a contract with Hartzell Construction, Inc., for an amount not to exceed $18,000 for the restoration of six (6) windows located in the Sylva Martin building. The City issued a Request for Proposal for window restoration, repair, or replacement of six (6) windows located in the Sylva Martin Building. The RFP was posted on the City's website, Demand Star and advertised in the Daily Business Review. The Sylva Martin Building, construction in 1935, has been designated a historic site by the City's Historic Preservation Board. The City received two proposals that were reviewed by a Selection Committee. The Committee, comprised of; Christopher Brimo, Planning Director; Jennifer Korth, Grants & Sustainability Manager; Grizell Martinez, Public Works; and, Donna Shelley, Historic Preservation Board member and decided to interview the two firms: • E & M Equipment Corp. • Hartzell Construction. Inc. Based on a thorough review of the proposals. interviews, and reference checks, the Selection Committee is recommending for the award, the highest ranked, responsible and responsive firm, Hartzell Construction, Inc. While Hartzell was not the low bidder for this project, the Selection Committee was unanimous in their scoring and ranking and determined they have more experience with restoration and demonstrated a clear understanding of this project. A summary of the scoring and ranking is below: Selection Committee: Scores and Rankings Committee Hartz~1I E&M . COl1str~siign ...... Equip. Corp C. Brimo 82 55 J. Korth 92 62 G. Martinez 80 50 D.Shelley 75 60 TOTAL 329 227 RANK 1 2 EXPENSE ATTACHMENTS: While Hartzell Construction Corp. also submitted an impact resistant window replacement option for $1 1,137, the Selection Committee determined restoration was more consistent with the historic designation of the Sylva Martin Building. The replacement option was not considered or scored by the Selection Committee. Hartzell is estimating 25 to 30 working days to complete the project, with a minimum of disruption to staff and the business operations for the Building, Code and Planning departments. The project will be paid from two funding sources. The Capital Improvements Account No. 301-1790-519-6450 includes the FY 2014 $15,000 budgeted amount; and, a $3,000 grant from The Villagers, Inc., from Account No. 114-4101-519-6450 for a total of $18,000. The Villagers grant can only be used for restoration projects for the Sylva Martin Building; impact resistant windows would not qualify. CIP Account No 301-1790-519-6450 with a balance of $15,000 and, Grants Account No. 114-4101-5 19-6450 with a balance of $3,000. Resolution Pre-bid Sign-in Sheet Bid Opening Report Proposal, Hartzell Construction, Inc. Reference Check Results Selection Committee Score Sheets The Villagers, Inc., Grant Award Sun Biz, Hartzell Construction, Inc., Daily Business Review Advertisement Demand Star Solicitation Results PI P . t CI Date: RFP Title: REP No.: Pre-Bid Conference Sign-In Sheet Decembe:.: 2,2 _0_1_3 ____ _ Window Restoration, Repair or Replacement for the Sylva Martin Bldg. SM111513 --~ Name/Title Company Name/ E-mail Address Telephone No. 1 9rY~&5'iS-o.n J 4 7 9 -----.-------------1 10 -----~------~-+ --'-----'-'-.----~-----_t_--.~----- II ----...... ----.. ---------------.----------------- -.. _---_ .. -----------------------,----------,----- C:\Users\skulicJeCSM J \Documents\South Miami\Templates\Pre-Bid Meeting Sign-In SheeLdoc .j 1 'I :1 I BID OPENING REPORT Bids were opened on: Friday, December 13,2013 after: 1O:00am For: RFP # SM 111513 -Window Restoration, Repair or Replacement for the Sylva Martin Building COMPANIES THAT SUBMITTED PROPOSALS: TOTAL AMOUNT: J. E & M EQUIPMENT CORP. Restoration Option #1 -$10,400.00 Restoration Option #2 -$ 9,200.00 2. HARTZELL CONSTRUCTION, INC. Repair Option # I -$17,820.00 Replacement Option #2 -$11,137.50 --~--~-~---- -- ----~-.-- THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. , \ ,-" City Clerk: N t*l'{ill. --\(\.VdW __ Print Nanle I Witness:_a-,,----:----'-~--":$"'__?cPl"__"'__JL_'_~_'_=_'''''_~ _ ___'__'u_O __ Print Name Witncss:-------:<::.::....:;;-S'--'-I----=-e'--v_--Qc..;:.;.---'-&~&-------'j-~ ~_d_(_ Print Name ./'('-' ' .. 1 ( '. City of South Miami Request for Proposal for Window Restoration, Repair or Replacement for the Sylva Martin Building RFP # SM t t t 5 13 Submittal Due Date: Friday, December, 13, 2013 City of South Miami Capital Improvements Program UExcellence~ Integrity and Inclusion" Page I of 69 llllll Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted (or this solicitation and to be presented by the deadline set for within the. solicitation. Fulfillment. of a" solicitation requirements listed is. mandatory f.or 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 (o"owing items: X Bid Form / N/A Proposal Bond NJA X Performance Bond (As a Condition of Award; Not Required "'See Note (I) With the Submittal) Below X Respondents Qualification Statement/References / 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 / *(1) 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 and/or documents. © Thomas F. Pcpe, 2011-2013. All rights reserved. 9/9/13 END OF SECTION Page 11 of 69 THl5. PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP, Invitation for Proposals and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal 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 (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a.Respondent has examined copies of all the RFP Documents and of the follOWing Addenda, jf any (receipt of all which is hereby acknowledged.) Addendum No. Dated: _____ L~L~.h!!~L. Addendum No. Dated;. ___ ._~_l:L-s:)Cl () ~~ __ Addendum No. _ ~ 32... _____ _ Dated: ,:1. /~ / ::t 01 ~ Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work. site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and draWings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations. explorations. tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress. performance. or the furnishing of the Work at the Contract Price. within the 'Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations. explorations. tests, reports or similar information or data are, or will, be reqUired by Respondent for any reason in connection with the Proposal. iii. Respondent has correlated the results of all such obsel'Vations, examinations. investigations. explorations, tests, reports and studies with the terms and conditions of the Contract Documents. © Thoma, F. Pepe, 2011-2013. All right, re,erved. 9/9/13 Page 12 of 69 Project Name: RFP NO. Date: Sent: Window Restoration, Repair or Replacement for the Sylva Martin Building SMIIISI3 December 3, 20 13 Fax/E-maillwebpage 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. The following is provided to clarify comments and question raised during the pre- bid meeting regarding the applicability of the Flol"ida Building Code requirements and this project. I. Successful bidder must apply for a "building permit" at the City of South Miami before proceeding with the work. Applicant must be a licensed contractor in the State of Florida and must provide at least copies of licensure certification, liability and workmen's compensation insurance policies, and occupational license from any municipality in Miami-Dade County. 2. All work must be in compliance with the "Existing Building 2010 Florida Building Code" which specifically outlines in Section 402 the definition of 'repairs' and Section 404 which specifically defines 'replacement' of selected building components, in both cases as modified by provisions for historical buildings as noted in Chapter I I and Appendix B of same code. 3. Chapter 5 outlines the requirements for 'repairs.' Chapters 6 and 7 outline requirements for 'replacement.' Page] of2 4. Appendix B of the "Existing Building 20 I 0 Florida Building Code" outlines suggested standards for rehabilitation and guidelines for rehabilitating historic bUildings developed by the Preservation Assistance Division of the U.S. Department of the Interior. Comment at the top of page B.16 is of particular relevance to this project. 5. Copies of these documents are available on the City's web-page, (~{,£'N_YY0g_~L~bm!2,mifLgQy') or directly from the Florida Building Commission at Y£f.LwJLQLLgnb.lJi[g.ing,grg The preceding items indicate that if a licensed contractor repairs existing windows, the requirements of the code's High Velocity Hurricane Zone guidelines do not apply. But if the windows are replaced, in order to comply with the 20 I 0 FBC Chapter 24, the requirements will apply. Either alternative is allowed with modifications as permitted for historical buildings. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2 Project Name: RFP NO. Date: Sent: ADDENDUM No. #2 Window Restoration, Repair or Replacement for the Sylva Martin BUilding SMl/1513 December 5, 2013 Fax/E-maillwebpage 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. Please provide me with the type of paint and type of wood is required to use for either restoration or replacement of the windows. Answer to Question # I: The type of paint and wood used in either the restoration or replacement of the windows is at the discretion of the proposer. Proposals, as well as, the repair, restoration and replacement methods submitted will be evaluated by the Selection Committee and the City's Historic Preservation Board. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 Date: RFP Title: RFP No.: 1 Pre-Bid Conference Sign-In Sheet December Window Restoration, Repair or Replacement for .. !.}1.~§)'IX~J~1 a rtin!!!!1g~......... ... _.. ... SMl11513 .H~4A~lY .. Q~'.l~f~~~~'.I:'.:,-................. . J I 'I JJ I " 4r'l~fv"j~-{j'n) tM~Ot)d....,.,-~ ~~4o\.L¥Z( YClIV\ +'-,c . \..("q .. '.:=j.~.~~-c= rl·~~;~'e·i·· ........• E' ............................................. -.-.. -........... JS ......................... ·······+····~·····-·-·;=;:z.T~4isi; 2 ....L/? l). .... .......... ............. . ........ , ............................ _OL •• ,.-= ... ::: ........ -.. :.. .... = ... J •. :, .. =.:. .. -.;.:..-'~~_J •. Lv ••• "t ...... " .............. " .. " .......................... " ........... . 4 6 7 9 II \ e s"tR V \).~ \ UY\L\ ..J' 0 l 'j e 0 '(do'~ <1... ~ (\,,(, t. ,: )iI I ... -l'"'' c' .-A .. ') . ,./ )C'l.-' i.~ .... "."" ..... , ... " ....... e ......... "'. "3 0 ;-7 l' 3 '-1) Y / .")L?'(¢ O~,:rr; lQh1Q~$/..tAC:~?fr!sI..?v!.rj .. C:\t:~crs\sk\llick.CSM I \[)OCUlllelllsiSouth Mi;Jl1\i\T l.'ll1plall's\Pr.:·nid Meeting Sign"ln Shce1.doc Project Name: RFP NO. Date: Sent: ADDENDUM No. #3 Window Restoration, Repair or Replacement for the Sylva Martin BUilding SMIIISI3 December 6, 20 13 Fax/E-maillwebpage 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 # I: Please confirm that the restored windows does not need to open and close. Answer to Question #1: Proposers that recommend to restore the windows, shall provide an "Option" for the windows to be Operational that "Open and Close" or, for the windows to be Non- operational (Fixed) that results in the windows "NOT Opening and Closing." Total cost for these options, along with the expected time to complete the project for each Option, must be provided. Use the format below: RESTORATION LUMP SUM PROPOSAL: OPTION #1 (Operational): $_-L2;.Jf29 __ Project Completion _r3C_/~_Days OPTION #2 (Fixed): $_------Project Completion _. ___ .Days IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page J of1 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 m~eds 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, Proj~ct for the Proposal Price of: LUMP SUM BASE PRICE: SSIi@!>{T'€e~ jt_~~_?~_,:,,:_~ __ 8_(i_b_'Lh~~~_~of ~ ___ d~:~~~ dollars and ._._?'S..~C? ______ _ cents $ P\17 <i?2D e>!/ --Lf---------------- Alternates: #2 #6 #3 #7 #4 #8 :r_h~_t:_~~tQr!lJ;iQnm£l.thQ_d and .groject plan must be subnlltteg_wltl:u,:,~\!cl111r.QPilli!1J:5.lilure to submit this information shall render the proposal non-responsive. 6. Communications concerning this Proposal shall be addressed to: ~1i~3~~_~(J~~~n);;!:~/-~~_-~-=--ff/;;j4!ji~:~~~~~fj~:f5ii;iiE-i RESPONDENT: Address: © Thomas F_ Pepe, 2011-2013_ All rights reselVed_ 9/9/13 Page 13 of 69 Project Schedule; Repair of existing windows of4 ...... "*' Week 1-Remove (2) windows Board up and secure for safety and weather conditions. Take windows to our shop for repair, return 5 to 8 days later for install of repaired windows. Week 2-3 Remove windows 3 & 4 board up and secure for safety and weather issues, take windows 3 & 4 to shop for repair and return 5 to 8 days later for install of repaired windows Week 3 -4 Remove windows 5 &6 , board up and secure for safety and weather issues, take windows 5 & 6 to our shop for repair and return 5 to 8 days later for install. This project should take 25 to 30 working days to complete Michael Goodwin Project Director Mobile: 954-658-0515 PHONE: 954-957-9762 FAX: 954-957-9766 TOLL FREE: 866-957-9762 2301 N.w. 33'd Court, Suite 113 Pompano Beach, FL. 33069 A ~1'/ .... J-e * , Project Schedule; Replace with new PGT Impact Glass Windows Week 1-Order New windows, will Take 3 weeks for window manufacture Week 4 -Removal of existing windows and install of new windows will be done on a one to one basis, this process will take 2 days barring any weather issues to avoid. This project should take 4 to 5 weeks to complete Michael Goodwin Project Director Mobile: 954-658-0515 PHONE: 954-957-9762 FAX: 954-957-9766 TOLL FREE: 866-957-9762 2301 N.W. 33'd Court, Suite 113 Pompano Beach, FL. 33069 Telephone: qyl-&:>f5 .... c>S/:;( .. -;iii"g":._ 91j~Iz?;.·t;;~:~_~===~=.~:~ __ ==:~ __ =~~_. ___ .. ________ .. __ . ____ ... ___ .. __________ . __ .... Facsimile: Attention: rn.f.( (lOO(/U:hn, 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. SUBMITIED THIS PROPOSAL SUBMITIED BY: Title © Thomas F. Pepc, 2011-2013. All rights reserved. 9/9/13 q ,t/-<') )7 '" 9 7 {P ! .. Telephone Number ____ rn3.!!..~~l»lne. H~rht'11 a,l? ~~~<') • C~~ Email Address END OF SECTION Page 14 of 69 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 __ 1L_ ... ___ ... . In the past 5 years On Schedule ..... .;LL ......... __ ... . b) In the past 10 years In the past 10 years On Schedule 2. List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Addr-ess: {rl." 14JP/~ R.. ._.L.:...::= ••... b) Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Project Name: Owner Name: © Thomas P. Pepe, 2011·2013. All rights reserved. 9/9/13 "'L -Z ;),,13 ~5: ... . ................. ..J ........ __ .. _ .. ____ ... __ .. _._ ..... __ . Page 21 of 69 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: --_. -_ .. _-----..... Actual Final Date: Contract ComPletion .. __ .. _! ;:f~ .......... _____ .... __ _ Original Contract Price: Actual Final Contract Price Project Name: Owner-Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: © TIlOmas F. Pepe, 2011 .. 2013. Nl rights reserved. 9/9/13 j, ~~~ .. d: .... _ ..... _ ....... _ .... _ ..... _._ Page 22 of 69 r" 3. Current workload 5"10 / .• V 17 '"''I lOt) 9 -r'f-&5'e;" IV?) SIP/---393 ,")g'lt. :f~/'3"i3--78'1/c ~\,A.' ~v IM-At,. ~ -e v-d-IV!!4if lL 95'4"" 1."1'1'" 51<)5 ~,,\ G-v. \"\0"'-d-'){,I~ "1,<; .. 1'3"$ -r 4. The following information shall be attached to the proposal. a) b) RESPONDENT's home office organization chart. RESPONDENT's proposed project organizational chart. '-II Ilf If 5V o!J ~o ~'SD ...- '/'? SbO ,. 2-~( ...- &1 %CO'" 7') SDt> ..... '3'Z.\ 'fDO " c) Resumes of proposed key project personnel. including on-site Superintendent. /' 5. List and describe any: II /11 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: Page 23 of 69 © Thomas F. Pepc, 2011-2013. All rights reserved. 9i9f13 Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: /h c-Co /llA h-1 ... ~ .. ,-.. ------- Type of Project: Name of Agency: Address: 1"11./03 t4!1/7 Jr-IIJ. j 16 JI/,} jJ,o ,gC;v 'i"tj()O Sc...'rJ,l·n"/ R. . ______ . _______ . ______ ,_ .. ___ .. _______ .... _. __ 1..__ I Telephone No.: Contact Person: Type of Project: Page 24 of69 © Thomas F. Pepe, 2011-2013. All tights reserved. 919113 Hartzell Construction, Inc. 2301 N.W. 33 rd Court, Suite 12 Pompano Beach, FL 33069 December 9, 2013 Resume -William Stecklow -Vice President-Restoration and City Division P William Stecklow's background is as a general contractor and a construction manager. He graduated from Long Island University in 1963 with a B.S. degree; prior to graduation; Mr. Stecklow worked part time as a mason apprentice and in 1964 became a United Stonemason. In 1965 he entered the Mechanics Institute, where he took courses in estimating and blueprint reading. Upon completion of these courses he entered his family construction business in the purchasing department. In 1967 he became the chief estimator and buyer for the corporation; THOMASON INDUSTRIES. In 1974, HARLOW RESTORATION was formed with William as president to handle the numerous specialty Bicentennial stone projects that were coming out for bid. Because of the hands on experience of William, as a mason and the 64 years of family construction work, Harlow was put on a speciollist of qualified contractors. The following are some of the historic, some negotiated and others bid projects that we did for various government agendes: United States Custom Houses, Boston, MA; Perry's Monument, Put in Bay, Ohio; Roger Williams Park, Providence, RI; Soldier's and Sailor's Monument, Prospect Park, NY; Old Federal Building, Cleveland, Ohio; Bethesda Terrace, Central Park, NY; Reception Center and Nurses Buildings, Ellis Island, NY; USMA, West Point (Restored 8 Buildings; Pier on liberty Island, NJ; and the Renwich Gallery of Art, Washington D.C. -which we were awarded as THE SECOND lOW bidder because we were considered as the most qualified low bidder. In 1989 he retired for 3 years. In 1992 Westchester Bonding Company cailed and asked William to review a masonry project and the claim by the Page 2 of 2 -Resume -William Sfecklow --Project Manager general contractor that the mason -the bonded sub was delaying the project. Based upon William's review and recommendation, the bonding company allowed the mason contractor of record to complete the project under the supervision and guidance of William Stecklow. The project was completed within the contract costs AND SCHEDULED TIME. The project was the Hutchinson River Parkway Bridge. The main problem was access. A floating barge system was designed to work with the tides. Material was then able to be loaded and moved from barge to barge and the final barge was used for scaffolding. From 1992~ 1996 he consulted for several bonding companies on the following projects: Epcot Center-Completion of fiberglass Railings; Winter Haven Airport Fuel farm-Avgas Tanks; Pointe Verde Complex-a single family subdivision; Sawgrass School-Enunciator Panels; Hampton Beach Condo -Exterior Restoration; Stranahan House -historic restoration; Neptune Power Plant. from end of 1997 to beginning of 1999, he was the Construction Manager for The Aruba Airport's $120,000,000.00 project. In 1995, William started working with Hartzell Construction as a consultant for city projects. William had an Asbestos Supervisor's license which expired in 2004. He was a trustee for his alma mater, Long Island University; a board of director for AHRC and HIAS; Architectural Review Committee -Half Hollows Hills School District; Chairmen Architectural Review Bard of The Polo Club, Boca Raton Fl; President of Dix Hills Village Association of Dix Hills, NY and Huntington Homeowners' Association of The Polo Club .. Awards: Humanitarian Award -Association for retarded Children; Distinguished Alumni Award, C.W. Post; Community Service Award -Dix Hills Civic Association; Women's American Ort Golden Circle Award. l .. .'---.. -------.--'.--.--'.-.---'--.-'.'. . ... ------.- Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9762 WSS Fax Number (561) 482-9078 __ ._,.-----------.-,-'!!ss-g.~-'I.~~.~.~,~-~-I:1.~.~~~i~-~~J~~~.:4 7!!.. ___ ._ ... ______ . __ "._.,._ Roof Painting by Hartzell, Inc. 2301 N.W. 3311'd Court, Suite 12 POl'l1.pano Beach, FL 33069 A seasoned project manager, construction manager, waterproofing and painting contractor, and general contractor with 49 years of hands-on experience. Professional Experience: October 1996 -present-Project Manager -City Coordinator Roof Painting by Hartzell, Inc. and Hartzell Construction, Inc. Overall co-ordination of municipality painting and waterproofing work including all invoicing and federal payroll records submittals, field inspections and quality control-for example: • 2005 -City Hall Exterior -City of Boca Raton • 2006 -Elastomeric Coating -City of Boca Raton Cemetery • 2006 -Library -City of Boca Raton; • 2007 -Police Department City of Boca Raton -Interior and exterior • 2007 -Police Department City of Delray Beach • 2007 -City Hall, Police Department, Parking Garage -City of Boynton Beach • 2008 -Utilities Bldg 33 & 62 -Conflex Waterproofing • 2009 -2012 -Boynton Beach Utilities and Jupiter Utilities • Since 1996 -over 1000 city painting projects-Boca, Delray and Boynton Beach, West Palm Beach and Jupiter. June 1997 to September 1999 -Construction Manager For Coco & Coco, Architects -On Site Construction Manager -supervised all aspects for the architect on the $ 90,000,000.00 Aruba Airport Project -inspection, approval of change orders and invoicing of general contractor. October 1992 to January 1996 -Construction Consultant for City of Boca Raton June 1997-July 1992 -Bonding Company Consultant Completed projects for bonding companies such as Hutchinson River Parkway Bridge, N.Y., Epeot Center -Fiberglass Railings, Winter Haven Airport Avgas Tanks, Point Verde- a single familty subdivision, Sawgrass School Enunciator Panels, Boston City Hospital and numerous other projects from Boston to Florida. Page 2 Prior to 1991 -President of Harlow Restoration and Waterproofing; Completed/restored the following projects-United States Custom House; Boston, MA, Perry's Monument-Put-in-Bay, Ohio; Bethesda Terrace, Central Park, NYC; Reception Center and Nurses Buildings, Ellis Island, NY, Holland Tunnel, NYC, waterproofed numerous projects in 6 states; Brooklyn Borough Hall, Brooklyn, NY; Restoration of the Brooklyn Bridge Park; NY, NY. Old Federal Building, Cleveland, Ohio; State Capital Buildings -Lansing, MI; Farley P.O. -New York City, Renwich Gallery of Art, DC; West Point Moat bridges and infrastructure. Formal Education BS -C.W. Post College 1963 Mechanics Institute-Drafting and Construction Estimating 1961 Asbestos Handler's License 1986 Asbestos Supervisor's License 2004 Other: Trustee -Long Island University; Board of Director-Association for Help of Retarded Children Board of Director-HIAS; President of Dix Hills Village Association; President of Huntington Homeowner's Association. Awards: Humanitarian Award -AHRC; Distinguished Alumni Award -C.W. Post College; Women's ORT Golden Circle Award. References Available :HARTZELL CONSTRUCTION ORGANIZATIONAl, FLOWCllART Edward Holman President Anderson Pinto William Stecklow Robert Mosley Senior Vice President I Vice President Mark Conley Bill Butzbach Mike Goodwin V.P. of Sales & Marketing Director of Operations Project Manager Project Organizational· Chart William Stecklow William Butcbach Mark Conley Raymond Carter Michael Goodwin Project Director Mobile: 954-658-0515 Project Supervisor Construction Supervisor Construction Supervisor Lead foreman PHONE: 954-957-9762 FAX: 954-957-9766 TOLL FREE: 866-957-9762 2301 N.W. 33'· Court, Suite 113 Pompano Beach, FL. 33069 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI·DADE ____________ being first duly sworn. deposes and states that: (I) He/ShelThey is/are the my'S; Jr-11 ). (Owner. Partner. Officer. Representative or Agent) of HFJ-a./, ('II (lOJ.1$.iyUC /-'o_~ ___ _ the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers. partners. owners. agents. representatives. employees or parties in interest, including this affiant, have in any way colluded. conspired. connived or agreed. directly or indirectly. with any other Respondent, firm. or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly. sought by agreement or collusion. or communication, or conference with any Respondent. firm. or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent. or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion. conspiracy. connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance. or unlawful agreement on the part of the Respondent or any other of its agents. representatives. owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness © Thomas F_ Pepe, 2011-2013. All rights reserved. 9/9/13 /"J CI t /1 I /} } I P ((~ /'';/ A f j j By: _. C-!J-lVl!..1:~'i (/1)~~1\ _ '-"Signature-I .f.s!:...l:!C> y' U/r)/ h::'.t:H> -r--;J It r: S _._. Print Name and Title __ I-=-A.1/0 //)f)!..~ ________ .. _ .. Date Page 25 of 69 STATE OF FLORIDA COUNTY OF MIAMI·DADE On this the .JQ __ day of /fl?t..-.208-, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before nomry) f' Jwo.-v:J i/o II+> 1;'«-and whose name(s) isfare Subscribed to the within instrument, and he/she/they acknowledge that helshe/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: © Thom~s F. Pepe, 2011-2013. All rights reserved. 9/9113 Notary PUblic. State of Florida Carly 81tlllngmeyer My Comml68lon SE: 167210 SHPIrIilO 01)/:/8/2016 (Name of Notary Public: Print, Stamp or type as commissioned. ) X Personally known to me, or Personal identification: T~entifjcation Produced __ Did take an oath, or Did Not take an oath. Page 26 of 69 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Flori.da State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a RESPONDENT. Sub-contractor. supplier. Sub-consultant, or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer. director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a). FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to c,L. 0 I Sd'tA..)t-rhJ~n-.. __ [prr;;{ name of the public entity] by __ .-.fJ wo v ~ \..l.u \ 1M ~ c... _ iJ".?"!:;v d ... ~ -I- for [print in.dividual·s name and ,'tle] I l-htJrV/7-tIl Co.-t '5> v"," C :/'If,''-'''' [print name of entity submitting sworn statementl whose business address is ;230' }\W '?, ~ vc. cou."l and (if applicable) its Federal Employer Identification Number (FEIN) is ._&:1 -(0197 S-lr 7 (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including, but not limited to • any bid. proposal or contract for goods or services to be prOVided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud, theft, bribery. collusion. racketeering, conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b). Florida Statutes, means a finding of gUilt or a conviction of a public entity crime, with or without an adjudication of gUilt. in any federal or state trial court of record relating to charges brought by indictment or information after july I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or © Thomas F. Pepc, 2011-2013. All rights reserved. 9/9/13 Page 27 of 69 (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors. executives. partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income among persons when not (or fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] / ~ Neither the entity submitting this sworn statement, nor any of its officers. directors. executives, partners. shareholders. emplo.yees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime SUbsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors. executives, partners, shareholders, employees, members. or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1.1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer detet"mined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO iNFORM THE PUBLIC ENTITY PRIOR TO ENTE~I ! INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.0't7, ~LOB.I '/f:-l~Ijl,..IllI~S. FOR CATEGOR. Y TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. v.I' . . ,.J 1 ,', C /) . -./~~(/(>f.! ?i~._ .. __ ..... [SIgnature] \ Sworn to and subscribed before me this _ .... 10.. ___ day of ._-rf!..e(..t ~i.."~~l.L. ~~rt~-----------Lt'x .. ",Q.{U (" ~-.:--.. OR Produced identification ..... ''''._ ... _. __ ..... ___ .. __ .. _.. Notary Public -State of J~lC)c::)..(iL..L (Type of identification) Form PUR 7068 (Rev.0611 1/92) © Thomas P. Pepe, 2011·2013. All rights reserved. 9/9/13 My commission expires .. __ . __ ._. ______ _ (Printed, typed or stamped commissioned name of notary public) DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received (rom 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 fallowed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse Violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I). notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to. any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above reqUirements. ()~. h.(~,~ A RESPONDENT's Signature: .?-ffiWO ~/L{,(,· L~ Print Name: ._ CclfJ!()I'/]~ ;../,)/ HI 14..... _. ___ . Date: 12-/V Eq}. ~ _. _________ . _____________ _ © Thomas F. Pepc, 2011-2013. All rights reserved. 9/9/13 Page 29 of 69 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project jf they are awarded the Contract. , 'Classifi(:ation 'of:Worl( Subcontr;l.ctor Name. , Addr,ess " ',' Telephone; Pax & '. ';'; , ': v • ':: -',~ ':1 ~ ~ , ,: .'" ~,' ' " ", " " . ' , , ,,'.~' ~~'<llk·,' .' ' ' . . ':{','" , "~-. .' '" . ,~.' .' Landscape Sodding and Turf Work --f-. Electrical Irrigation -- Paving Park Amenities - Graphics Utilities Excavation - Building --r-' Structures Plumbing ------------~------ Painting _. .---~ -- Testing Laborator-y -. ---f--. - Soil Fumigator Signs 1---_ ...... _ ..•. _-_ .... __ ._._-_ .. _. -%~~~:"~':~s ---_._---_ .. _-_ .. _ .. __ ..... -.. _- Other: I;J 0 '1?J f'h J ~ 1''11'''''''' V" 1fl1--,;1.98-7H7 (JM It tvc.y ~ ~'" '3 ~i?l.( OJ)\{ -z:z-;·~ 3~«I.:f ~ F- l----' .. -f '--=-:-~-----, ThiS list shall be provided to the City of South i"lIaml by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. ©Thomas F. Pepe, 2011·2013. All tights reserved. 9/9113 Page 31 of 69 .. RELATED PARTY TRANSACTION VERIFICATION FORM (clW0v J flul J-rl f'.J'1'\. ,individually and on behalf of ".tl:E..~! l t' II C()I!2.~I'"UE~PI1. ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City"}'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A·I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for. or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA· I , who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatol),'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) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general pUblic, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 32 of 69 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, J:.l!qa 11('''11 (}t:u{S/yu cl,UI1 . __ ' (Name of CONTRACTOR). hereby acknowledge and agree that as CONTRACTORs for the Window Restoration, Repair or Replacement for the Sylva Martin Building project as specified have the sole responsibility (or 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 incu.' due to the failure of (Sub-contractor's names): /J;r.4 CUln clow So ~ c..... Name © Thomas F. Pepe, 2011-2013. All rights reserved. 919113 --_._------------- Page 30 of 69 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: _ _ ___________ . _________ "_ .. __ . __ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ________ . ___ ._(If necessary, use a separate sheet to supply additional information that will not fit on this line; 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 emptoyees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% In that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the follOWing: _-,-________ ..,.--______ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone haVing a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may sublect me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be conSidered by and subject to action by the Miami·Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a cliltlWnt effort to in ... ve t· "f).gate the matters to which I am attesting hereinabove and that the statements m.de he"'"''f~i :rue ""1 \~. , "'he bioI my koowledge, '"/o'm'tio" "d bcl'ef. Signature: __ 1:., A/~{1~L;._ULt1J Print Name & Title: .:QJwo.,; t 1401 1tV\~"':""--________ _ Date: ___ IZ-.h t:J j,;J.(J13 ATTACHED: Sec. SA-I· Confiict of interest and code of ethics ordinance_ © l11OIl1as F. Pepe, 2011-2013. All rights reserved. 9/9113 Page 33 of 69 Municode Page IOf4 Sec. 8A-I, m Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, adViSOry personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city derk, 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 saie 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)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or pOSition. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b )(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest ofthe city. (1;) Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 34 of 69 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)(l) 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)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director. partner. of counsel, consultant. employee, fiduciary or beneficiary; or (2) Stockholder. bondholder, debtor. or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(l) 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)( I) 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. (f) Gifts. (I )Deflnition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan, travel. entertainment. hospitality, item or promise. or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person Included in the terms defined in paragraphs (b)(l) 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)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) 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)(I) through (6) be employed by a corporation, firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation. firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official posit/on prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. @Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 35 of 69 No person included in the terms defined in paragraphs (b)(l) 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)(I) 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 pl'Ohibited. 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-II 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, all annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may reqUire monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited Investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (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) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. © Thomas F. Pepe, 2011-2013. All rights reselVed. 9f9/13 Page 36 of 69 (n) Acquiring financial interests. No person induded in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined In paragraphs (b)( I) through (4) may I"ecommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of Its agenCies. provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] In connection with any judicial or other proceeding, application, 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, 50 I (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)(l) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval. disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the reqUirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(l) 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. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and 8A-2 in their" entirety and replaced them with new §§ SA-I and SA-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I «( A-I), I (I A-2) adopted Jan. II, 1969. 'i) Thomas F. Pepe, 2011-2013. All righlS reserved. 9/9/13 END OF SECTION Page 37 of 69 p: ~ L lit ""~~;'0.~.~~.H ""-~~~~\~i~I.:(');:.;m· BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-iOO. Ft. Lauderdale, FL 33301-1895 -954-831-4000 VALID OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 111 i i DBA: Business Name: HARTZELL CONSTRUCTION INC Racelpt#:JMi&5~ONTRACTOR {GENERi Business Type:CONTRACTORJ -Owner Name: ROBERT J MOSLEY Business Location: 2301 N"fl 33 CT 112 POMPANO BEACH Business Phone: 954-957-9762 Business Opened:09/27/2001 StatafCounty(Cert/Reg :CGCO 615 92 Exemption Code: Rooms Seats Employees S For Vending Business Only Machines ProfessIonals Number of MachInes: Vending Type: I r-Tax Amount Transfer Fee NSF Fee Penally Prior Years Collection Cost Total Paid ~ __ 27_._00! _ .• ~:~0J. __ • ____ . .:.oo I 0.00 I 0.00 I 0.00! 27.00 I THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VALIDATED Mailing Address: ROBERT J MOSLEY 2301 NW 33 CT #112 POMPANO BEACH, FL 33069 This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning and zoning requirements. This Business Tax Receipt mllst be transferred when the business is sold. business name has changed or you have moved the business location. This receIpt does not indicate that the business is legal or that it is in compliance with State or local laws and regulatiOns. 2013 -2014 Receipt #04A-12-00013737 Paid 08/30/2013 27.00 . i,l .-l!(~ ({trtifuJtattt illltr ~1UlatHtriJttffitu(tln 7lfr'jh'; <l-'1l7' fl." 11-\!Vll)tS ~]~raJdr.£' liijaIll. illiam utzb h hCl.-S attended and successfully completed the Florida DOT Approved Course Advanced Maintenance of Traffic Conducted at Pompano Beachy FL on the 19 d8.\' of October l 2011 Richard Cabrera David Page T2~CTT Program Coordinator lnstructor ••.. ".~ '" \.,~,~~ !,.,k.to .. ~)'" u. ~ ! .• , r; ,,!- Expiration Date: 10/21/2015 Provid8f 36 STATE Of FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MOSLEY, ROBERT JOHN HARTZELL CONSTRUCTION INC 2301 NW 33RD CT STE 12 POMPANO BEACH FL 33069 congratulations! With this /icfJnSe you become one of the nearly one million Floridians 1I('.ensad by Ihe Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbequa restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better .. For information about our services, please log onto www.myfJorldaHcense.com. There you can find more information about our divisions and the regulations that Impaot you, subscribe to department newsletters and learn more aboullhe Department's initiatives. Our mission at the Department is: license Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your ClJstomers. Thank you for doing business in Florida, and congratulations on yO~Jr new license! DETACH HERE IA.C# 6154413 STATE OF FLORIDA (B50) 4197··1395 STATE OF R.ORIDA AC# b ~ 5 L, l" Is j DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC061592 06/06/12 110415296 CERTIFIED GENERAL CONTRACTOR MOSLEY, ROB:ERT JOHN HARTZELL CONSTRUCTION INC IS CERTrFIED. =d .. " I!be p>:ovisto"" ,,~ en.499 11'8 jlnp1rotinn dA.~, AUG 31., 201.4 1'.12060601335 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CER~IFrED Under the provisions of Chapter'489 FS. Expiration date: AUG 31, 2014 MOSLEY, ROBERT JOHN HARTZELL CONSTRUCT rON !NC 2301 NW 33RD CT STE 12 POMPANO BEACH FL 33060 RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW SIEQ# L1206060133 5 KEN LAWSON SECRETARY -~-~ A£-ORV® ~ .. CERTIFICATE OF ll,ABILITY INSURANCE DATE !hlMIOD!YYYYl 07/28/2013 PROOuCER"ST ATE'fARM-M-U-T-U-A-l-IN-SU'RA-N-C-E--; -C-O-M-P-A-N-y--"--:r::::H-:-:'IS=--=C""E""'R=Ti""F""IC'""A"=T""IO"'"N'""I""S-'lcS="s'-'-u""e=oc-A""'s""A":' MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KEVIN WELTLlN, AGENT HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR 24011 HWY 21 N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (~J LAKE WALES, Fl 33859 INSURED HARTZELL CONSTRUCTION COMPANY 2301 NW 33RD CT STe 112 POMPANO BEACH, FL 33069·1000 ID 457158 COVERAGES INSURERS AFFORDING COVERAGE NAIC# INSURER A: ~i="Mlnl\ltutllld~lnsurIl'lC'lCompQrry 2~1111 25178 _ .. ---.----~.-.-..... ----.~-.-...•. ~~.~ ...... -.-------.... ~. INSURER 8: THE POLICIES OF INSUHANGE 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 SIJBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDIJCED BY PAID CLAIMS. -imitrr~~ -----;;~~;I~~~;~~;---.. -'''-'--p~~ic;N~--'---~~rxtE~;~~f~~i§~ ... -.. ------.--."-.-.~;;y;------------------- A GENEflALllAalUTY -l COMMERCIAL GENERAL LIABiliTY ~~~I] CLAIMS MADE 0 OCCUR ~~j-.-.~=:~===:~~=. GEN'L AGGREGATE LIMIT APPLIES PER: --l POLICY n f~'S= r-] LOC AUTOMOBILE UABIUTY X ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS SaeBeiow 0712812013 61128/2014 PRODUCTS· COMPIOP AGG $ -, .. -.. ----.. -,,--.-~-.-.--.----~ ... -----.. -~.-.,.--.----.~,~~ COMEiINED SINGLE LIMIT (Ea aeddent) aODIL Y INJURY (Perp.rson) $ $ 1,000,000 s NON-OWNED AtHOS 900 5897-A21l-59 0712812613 01128/2014 BODILY INJURY (Per accident) 1,000,000 --.-.. --... ------..... "---".-,, 1--------.-~~:~:IL:-_··"_"·-~~~_-_"+-____ · ___ ,I-~-r· :=] ANYAUTO E)(CESS I UMBRELLA UABILITY =] OCCUR [] CLAIMS MADE PROPERTY DAMAGE (Per Bcciclent) 1,000,000 " AUT()_?~~:"EJ\~CZ"I~ ..!. . ....._,,__ ___ ,_ OTHER THAN AUTO ONLY: E'AACC $ ____ "0'_' ._~~. ____ .A ___ _ EACH OCCURRENCE ,_~~':'REGATE ___ ._. ______ .+_~_ .. _,, _____ , $ .• ~I DEDUCTIBLE -1 RETENTION $ --------.......... _, , .. ---_.---_.-. .... .... " ..... __ .. --_ ... -"$._._---,,, N-IY PHOI'RIElORJPJ\R"NI';HIEXECU1'IVECJ I'; L EACH ACCIDENT $ ~:L~~SR~~~~~~TIOtiANn YIN L' _ .. ll§n~1H;;LJsr~: _________ ._.~_ 1 ~~~::~--------I --_______ +·~.::.:;.;;:t:.;::~:.;.f:"'···~:..;;;:.s-s:~--':--:-'~~:..::"·~::.;:I~.:.~...:;~~:.;;~:;.;I-~..J·~~:-_·~_-~-.:·~=-=::·:- OTHER" ,~~l ~_l_. _____ . ____ _ DESCRIPTION OF OPl,llA"IIONS J LOCATIONS I VEfliClES I EXCLUStONS ADDED ElY EIIOORSEMEtJT I SPECIAL PROVISIONS 893 4024·A28·59 893 4029·A28-59 8934025·A28-59 393 4030·A28·59 8934027·A28·59 893 4028·A28-59 CERTIFICATE KOLOER For Bidding Purposes EFFECTIVE DATE FOR ALL POLICIES 0"7/28/2013 -01/281:2014 CANCELLJ.I,-l'tON ---.-------. SHOULO ANY OF THE ABOVE OESCfUBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL __ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Ll:FT. aUT FAILURE TO DO SO SHALL IMI'OSE NO 08LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTA1WE -------------,-------""----_.-_ .. -'---,-----------,-----,------------ ACORD 25 (2009/01) © 1988-2009 ACORD CORI?ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1002398 139020 08-31·2009 TO CERTIFICATE OF liABiliTY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INrORMATION 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 CERTlrlCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUHlle INSURER{S), AUTHORIZED REPRESENTATIVE OR AND THE CER'TIFICATE HOLDER. holder Is an ADDITIONAL INSURED. tho must endor5od. If IS WAIVED, subject to "n,nrlltln'~ .. of the policy. certain policies may require an endorsement. A swwment on this certlfiel'lto does not confer rights to tho INSURED 2301 NW 33RD COURT, STe 112 POMPANO BEACH, FL 33069 COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CEHTIFY THAT THE POI.ICIES OF INSURANCE LISTED BELOW l·iAVI:i BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlnlSTANDING ANY REQUIRSAENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY fiE ISSllED OR MAY PERTAIN. THE INSURANCE AFFORDED BY nil: POliCIES DESCRIBEO HEREIN lS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI.ICIES. LIMITS SHOWN MAY I-lAVE DEEN REDUCED BY PAlo ClAIMS, lNsIfr-'------·----.--------'Auii[I~ r'--"-' .. 'Pol1cv EI"F" i,I:-aWnvexp -----------... _------_. __ ._- l-lJ]l lYl'E OF INSURANCE ~SR _Wllll POUCY NUMBER 6'rto/llv\ UMITS -GENERAL UABIL/TY EACH OCCURHJ,NGE __ ~. ____ 1.000!~OO A ~ -'"-"'-~,,~ X X SIPG·GLOO395-01 07/25/13 07/26/14 'ri~'~",~ §> _____ 1.~~OO() _fBllMl§1l.1!J[;lt9Il;lI!lf!!l£9J ._ -_:=1 CLAIMS.fMDE CKI OCCUR ~!'XP (My Ef>$pefSll.!'L .1 __ .. __ ~OOO X BlKT ADDL INSURED PRiMARY NON-COIITRIBUTORV ~~~'y'I~ .... __ $ 1,000,000 "X BL:~~~I'!~~ .. ______ . _______ _~!NEflAI:.(I.Q<;l.~~!!C ___ -$ ---._-2,OOO.OO~ -<:lltAGGRf,~P.\l I.II11IT APM PER: f~!-l_\JCTS -.Q9.Mf'iOP AGCL ~~~==~---·2.000.0~~ PI)IJIW [X ~l}fJ.i-LOt": $ -----AUTOMOBIlE UABIUlY COMBINED SINGlE LIMIT $ ~ .. -~ -~~) '-'-/lNYAUTO -- ~--. WDIL Y INJURY (Per p<lIOOO) $ All OWNED AUTOS ---~~ ~,~---~." .... ~.-.---~.~ ... ------, -----_.-------- .,-, .. , BOOIL Y INJURY (Per nGOMunl) $ SCHEDULED AUTOS --_ ..... ,-----.. ---~--~. "'-'-"--"'~'-.---PROPERTY DAMAGE S HIRED AUTOS (Per accident) ... _--------"----" --"--'-"'---"-'.'-' 1--NON·OWNED AUTOS --_ .. _---------------.. $ ....-._-- $ -. -------_~::::~;~~_J~ ~lcE~:~Qg -- ---. EAf;.~.l1..C.URRENCL__ $ 2,000,000 --'----------.-----.- B ~--BE03B25606'1 07(25113 07/25114 ~.I'ITfi ________ $ 2,000,000 r------"-- 1--OEOIJCTIBlE ----"------------._-L. __ . ________________ LHmNlI{)N $ . .. -~-.----WORKERS COMP~US.'Ill0N ){]YV(:Sl~~ ~TiT. AND EiMPLOYERS' UABiUlY YIN __._ .l.Of:lYJ.], _ ElL .---.. -.... --~.-.... -... -- C ANY l'J{()PJlIETORIPARTNEIlIF)(~CUnV" 0 NIA X 0830·36373 09/13/13 09113114 f.L_ EACII ACCIDENT ~ 1,000,000 QfflCElllMt;IIIGER I:J<CLUDED? ~~-~I;;;-~~~!;; !'Mrl.oyg~_=:=~-_-1,O .. ~~;Ot){ (MM,I.lulY In Nil) II~" rn'-'Ccibo !J0l1 .. f--D :11!:RIf'TION OF Oll!JATlotlS ",;tow f----1------.----. --~l§E~.F.-P~IMll.~ __ -j,OOI},~!. J DE6CRlPlI0r~ or: OI'ERJnl0Nt-l J LOCA'fIONS I VEHICU;~IUI"Cll A(x)R1l10 ~ A,kllU""ol flum,.-I", 6cli')«(Lllu.lf mOra upor..ls fO'lHlr.,I) CER'l'Ill'ICATlil HOLDER IS ALSO KNO AS MOIT ONAL INSURED WITH mlSJ?EC'I' TO Gl!lNERAL LIA'BILIT~, INSUIDI.NCE EVIDENCED J;\Y '1'1-0:09 CERTIll'ICATE SHALL DE PRIMARY AND NON-CON'l'lUBU'1'OHY TO ANY O'l'Hl!lR INSURANCE. A WAIVER OF SUBROGATION APPLIES IN FlAVOR OF TRl!l ADO:t:XTONAL 1.l'IS'ORBDS WITH WOm<lilRS COMI?ENBATION. '-. CERTIFICATE HOLDER HARTZELL CONSTRUCTION, INC~ 2301 NW 33RD CT, SUITE 112 POMPANO BEACH, FL 33()69 ___ 1-. RESPECT TO·GIilNERlU. LIMJ:LITY AND --_....,...:;C=NCELLATION __ _ HARTZ-1 SHOULO ANY OF THE ABOVE DESCRISEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANC.-'E WITH THE POLICY PROVISIONS. AU,HORIZED REPReSENTATIVE ~ /{}-: 7-__ © '1980-200$ ACORD CORPORATION. All rights rosorvoo. Fo~ \IV-9 (Rev. Dece",b~r2011) Japrutmant of the T masury Internal Aevenue SelVlce Req~estforlaxpayer Identification Number and Certification Give Form to the requester, Do not send to the IRS. , NuJ'fIe (ns showr on your income .tax return) \ . _rhVL--\""2-( l\ C (} V"-~~if vU', ,t \ 0 ' "-" ""L V\ e..- N Business n~mefd1sw!JsrdQd entity name, if differentl",m "bava <D ~ '-C-he-C-k-ap-p-ro-p-riat-e-box--fo-r-f-ede-ra'-'-tax-c-'-aS-slfu-;at-io-n-:---,......./------------------ o 0 Individual/sole proprietor 0 C Corporation 1::1" S Corporation 0 PartJl~rship 0 Trusr/OSi.te r--- ()) [!! ~~ E& ~ ~ 0 Urnited liabIfity company. Enter the tax classification (C~C corporal/on, S=S corporation, P=parlnersh/p) I> ................................ empt payee .§ E 0 Other (see Instructiof!s) ,.. ~ ~ ~Ad~'~~ft~sn~(~n~lt=rn7b~er~.~s=~ee~t,~f~,n~d~a=p7t.~o~r~~u~i7tP.-r-,o~.)----------------------~A-.q-l--,e·s~t~er~'s··1-'a-m-e-a-n-d~a-d~d~res-s7~-p"'lio·na~----·----- ~ -/-'60 I 0 ...... ' ?, 'z, ."c..-(\1.....-v' '\-, S 1...", .~ t.. I \ '3 ~ Ci/'f;. state, and ZIP code :A \1)W .... CV--o 6-.!c<cl ,pt..,. "'3'';Oh'1 UstacCOUn1~t.imbai(Gfhoro(iiPilonajj--~;----·--'------"::_--------.. ·---".-------------------,--------- Taxpayer Ideniification Number (TIN) Enter your TIN in the appropnate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity. see the Part I instructions on page 3, For other entities, it is your employer identification number (EtN). If you do not have a number. see How to gel a nNon page 3. 'I"Socllll security numbor ==:J ITJJ -[lJ -I I : Il Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shOwn on this fom, is my COrTect taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I arn not subject to backup withholding because: (a) I am e){9mpt from backup withholding, or (b) I havo not been notiiiad by the Internal Revenue SelVice (IRS) that I am subject to bac\(up withhotding as a result of a fail lire to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (deflned below). Certification instructions. You mtJs~ross out item 2 above if you have been notified by the IRS that you are currently subject to bacl<up withholding because you have failed to report al erest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aband ent of secured p oparty, cancellation of debt, contributions to an indiVidual retirement arrangement (IRA), and generally, paymull!s oHmr fhan . est. and divil '. you are not required to ~i!ln the ctlrtifi<;i1tioll, hut you mu:rt provide yourr:orrect TIN, See the instructions on pega 4. -- Sign Signature of '''7 1 J Here u.s. person~ __ Date r:_.~C,...,.!.._1",.3",-________ _ General ~nstructio s Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (llN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment 01 secured property, canceltation of debt, or contributions you made to an IRA. Use Form W-9 only If you are a U.S. persoo Oncluding a resident "flen), to provide your correct TlN to the person requesting it (the requester) and, when applicable, to: 1. Cerlify that the TIN YOLI are giving is correct (or you ar~ waiting for il number to be issued), 2. Certify that you are not subject to bacl(up withholding, or 3. Claim e~eonption from backup withholding if you are;;, U.S. exempt payee. If applicable, you are also ceriifying that as a U.S. person, ),our allocable share of any partnership income from a U.S. trade or business is nol subject to the withholding tax on foreign partners' share of ;:!1ectively connected Jncoma. Note. If a requester gives you a form other than Forr.! W·g to ",quest your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purpOGCS, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident aJien, a A pr:rtnership, corporntion. company. or ossociation created or organIzed in the United States or under ttm laws of lhe United States, • lin ""tate (other than a foreign estale), or • A domestic trust (as defined in Regulations secHon 301.7701-7\. Special rules for partnerships, Partnerships that conduct a trade or busil1ess in the United Stutes are generally required to pay a withhOlding tax Or! any foreign [l2rtnGrS' sha,e of incorne frum such business. Further, in certain c"ses where a i:oml W·g ha~ not been received, a partnership is required tu presume that a partner is a foreign percon, and pay the withholding tax. Theretore, if you are a U.S, person that is a par1ne~ in a par1necship conducting a trade or business in the Unitee States, proviae Fonn W·g to the partnership to establish your U.S. status and avoid withholding 011 your share of pannersllip income. Cat No, 1023,X Form \N-O (ReI'. 12·2011) REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami SYlVA MARTIN WINDOW RESTORATION RFP VENDOR: Hartzell Construction, Inc. DATE: 1/13/2014 REFERENCE: Restoration: White Wood Windows and Doors CONTACT: Jeff Galit {561/251-8744} 1. How was the vendors quality of work? Very good. Their carpenter(Rey) does most of the work. Very knowledgeable. 2. Did the vendor accomplish your goals and objectives? Yes. 3. Was the project completed on-time and within budget? Did not have firm timelines; within budget. 4. Did the vendor issue change orders and if so, how many? None. 1 5. What was the project scope? Restoration projects, older homes (4) restoring windows and doors. They also restored a complete kitchen. We are into preserving history. 6. Were you pleased with the finished product? Yes 7. Did the vendor document the work accomplished providing documentation/pictures? I did the documentation myself, but they should be capable of performing that task. 2 REFERENCE CHECK: prepared by: Purchasing Department, City of South Miami SYLVA MARTIN WINDOW RESTORATION RFP VENDOR: Hartzell Construction, Inc. DATE: 1/13/2014 REFERENCE: Restoration: Window and Door CONTACT: Lisa Littman (561-289-2503) 1. How was the vendors quality of work? Excellent, very pleased with their work. Very knowledgeable. I interviewed four companies and found Hartzell in the phone book. 2. Did the vendor accomplish your goals and objectives? Yes, on time and on budget. 3. Was the project completed on-time and within budget? Yes, see above. 4. Did the vendor issue change orders and if so, how many? Only one that I requested and there was no increase in price. 1 5. What was the project scope? A home in Lake Worth restoring windows and doors. The home was built in the 1920's and is in an historic district. 6. Were you pleased with the finished product? Yes. Hartzell has an excellent understanding of what it means to restore historic sites. 7. Did the vendor document the work accomplished providing documentation/pictures? Yes. Job is finished and received the documentation. 2 RFP Title: RFP No.: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov Window Restoration, Repair or Replacement for Sylva Martin Bldg. SM-111513 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 pOints. Restoration/Repair/Replacement 1. Method & Compatibility with Historic Status /0 /S-(Max 20 Points) Experience with Historic Building 2 .. Renovation: 10 3~ (Max 40 Points) Project Plan & Estimated Workplace 3. Disruption: W -?--L~ (Max 20 Points) 4 .. Proposed Cost: I ~...-(Max 20 Points) 1"1- Total Score: Reviewed by: C Ill( (Si-{){!I~ r;e) J.-{(} Date: (Print Name) A (I q n !1 :1 H i1 RFP Title: RFP No.: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov Window Restoration, Repair or Replacement for Sylva Martin Bldg. SM-111513 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Restoration/Repair/Replacement 1. Method & Compatibility with Historic 10 \~ Status (Max 20 Points) Experience with Historic Building 'LO ~& 2 .. Renovation: (Max 40 Points) Project Plan & Estimated Workplace 1(0 I~ 3. Disruption: (Max 20 Points) 4 .. Proposed Cost: \~ 1<6 (Max 20 Points) Total Score: Additional Comments: I .1: I RFP Title: RFP No.: 1. 2 .. 3. 4 .. Reviewed by: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov .----'----.., Windo~toratio;Bepair or Replacement for,Sylva Martin BldL ____ ._ ---SM-111513 Restoration/Repair/Replacement Method & Compatibility with Historic 10 Status (Max 20 Points) Experience with Historic Renovation: IS 35 (Max 40 Points) Project Plan & Estimated Workplace Disruption: IS l5 (Max 20 POints) $ \.v, 1> I r -:6·~.P Proposed Cost: I (Max 20 Points) to tu Total Score: G~ c ~t tAQA A~ >&..r (Print Name) RFP Title: RFP No.: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gQy Window Restoration, Repair or Replacement for ?~Iva Martin Bldg. SM-111513 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Restoration/Repair/Replacement 1. Method & Compatibility with Historic ~O ;)0 Status (Max 20 POints) Experience with Historic Building 15 2 .. Renovation: 10 (Max 40 Points) Project Plan & Estimated Workplace jo JQ 3. Disruption: (Max 20 Points) 4 .. Proposed Cost: to ~O (Max 20 Points) Total Score: Reviewed by: Date: I. g, J 1.._/ kulick, Steven P From: Sent: To: Subject: Korth, Jennifer Wednesday, January 15, 20143:35 PM kulick, Steven P 2013 Villagers Grant The Villagers Grant can only can be used for restoration projects for the Sylva Martin Building; impact resistant windows would not qualify. Best, Jennifer Sent from my iPhone 1 December 18, 2013 Ms. Jennifer Korth 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Korth, ~ THE VILLAGERS INcoa,OIAT'Ct Congratulations. Your request for funding of the Sylvia G. Martin Historic Preservation Project has been approved in the amount of $3,000. Thank you for submitting such a thorough and interesting grant application. We applaud the City of South Miami's efforts in preserving its history and cultural heritage. Our normal procedure is to issue payment after the project is completed. Please remember that there is a two-year time limit from the date of this letter for completion of the project covered by this grant. We look forward to the restoration of this architecturally unique building and again congratulations. Sincerely, ~~~~ Mary Beth Burke--. Third Vice President 2013-2014 Preservation Project Chair hurkcma.rye@gmail.com 305-446-3110 DEDICATED Tonm RESTORATION AND PRESERVATION OF HISTORIC SITES p.o. BOX 141843, CORAL GABLES, FLORIDA 33114-1843 Detail by Entity Name Detail by Entity Name Florida Profit Corporation HARTZELL CONSTRUCTION, INC. Filina Information Document Number FEIIEIN Number Date Filed State Status Principal Address 2301 NW33 CT SUITE 113 POMPANO BEACH, FL 33069 Changed: 02/06/2006 Mailing Address 2301 NW33 CT SUITE 113 POMPANO BEACH, FL 33069 Changed: 02/06/2006 P00000093749 651069589 10/04/2000 FL ACTIVE Reaistered Agent Name & Address HOLMAN, EDWARD FJR 2301 NW33 CT SUITE 113 POMPANO BEACH, FL 33069 Name Changed: 04/17/2001 Address Changed: 02/06/2006 Officer/Director Detail Name & Address [Title D HOLMAN, EDWARD JR. 2301 NW 33 CT STE 113 POMPANO BEACH, FL 33069 Page 1 of3 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaillEnt... 12/13/2013 Detail by Entity Name Annual Rep-orts Report Year Filed Date 2011 04/18/2011 2012 04/05/2012 2013 04/19/2013 Document Images 04/19/2013 _. ANNUAL REPORT 04/05/2012 --ANNUAL REPORT 04/18/2011 --ANNUAL REPORT 02/15/2010 --ANNUAL REPORT 01/15/2009 --ANNUAL REPORT 03/07/2008 --ANNUAL REPORT 03/05/2007 --ANNUAL REPORT 02/06/2006 --ANNUAL REPORT 01/18/2005 --ANNUAL REPORT 01/12/2004 --ANNUAL REPORT 01/27/2003 --ANNUAL.REPORT 02/25/2002 --ANNUAL REPORT 04/17/2001 --ANNUAL REPORT 10104/2000 --Domestic Profit 1--'-'vie;-imageinPDFfo;mat~"-1 [--viE;w-imag'e-in-PDF format -I [ view' image in PDF fo'r-mat-'J r' View image in PDF·format·····1 ·-···· .. ··· .. ·-----··-·-·-----.... ---··------1 I View image in PDF format [ View image in PDF format 1 r Vie~ image in PDF format -] I View image in P6F format . I [-Viewimagein-PDFfo~t--'-1 ("'-"View image-in P'DF format "J r View image in PDF format -] r-View image in PDF format --I r" Vlew"image in PDF format--J C-View-image in PDF format 1 COPYright '1') and Pnvacy POilCies State of FlowJil, Department of Stdte Page 2 of3 http://search.sunbiz.orglinquiry/CorporationSearch/SearchResultDetail/Ent... 12/13/2013 2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P00000093749 Entity Name: HARTZELL CONSTRUCTION, INC. Current Principal Place of Business: 2301 NW33 CT SUITE 113 POMPANO BEACH, FL 33069 Current Mailing Address: 2301 NW 33 CT SUITE 113 POMPANO BEACH, FL 33069 FEI Number: 65·1069589 Name and Address of Current Registered Agent: HOLMAN, EDWARD FJR 2301 NW 33 CT SUITE 113 POMPANO BEACH, FL 33069 US FILED Apr 19, 2013 Secretary of State Certificate of Status Desired: Yes The above named entily submils lhis slalement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Detail : Title Name Address o HOLMAN, EDWARD JR. 2301 NW 33 CT STE 113 City·State-Zip: POMPANO BEACH FL 33069 Date· 1 hereby certify thai the informatio(J indicated on this report or supplemental report is true and accurate and tflat my electronic signature shaJl have 1f1e same legal effect as if made under oath; thaI I am an offieeror director of the corporation or the receiver or trustee empowered to execute Ihis report as requirad by Chapter 607, Florida Statutes; .and that my 118me appears above, Or Oil an allachmenl with all other like empow8led. SIGNATURE: EDWARD F HOLMAN, JR. DIRECTOR 04/19/2013 Electronic Signature of Signing Officer/Director Detail Date MIAMI DAIL V BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Dally Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, . being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI RFP # SM1115153 In the XXXX Court, was published in said newspaper in the issues of 11/15/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate. ~t< r refund for the purpose of securl . ertlsement for ubllcatlon in the said paper. ,-__ +---~'--_ MARIA MESA personally known to me l /?~~\ Notary pu~ii~~~~:; of Florida . ,(, ~~' :\. -My Comm, Expires Nov? 2017 : \'~~~J CommiSSion H Ft 034147 ", .. ,~'.;,,,V Bonded Throu911 Nallonal Notary As~n, Ji-"'" The 91~of SO~\h~ia!lli,FIO~d!l (lJerei~~fter rE!f~~lldtoliS "q$M") through Its chief executive officer (City Manager) hereby sOlicits sealed proposals. resPQnsiveJQ, tneCity's reqyest(he,reinafter referred 10 as "Aequest for Proposals'or 'AFP'). All re(erehcesin tliissOllcltatlon (also referred to es s,n 'Invitation for P.roposals.') !oHCity" .shall be a reference to the yity Mana!J%cir\h?m.anagll~~deslgnee, fort~e City of South Miami unless !)th91W11l.9 spet;lfl~lIy (jaHne.d, ' . The City Is hereby requesllng sealed propo~als In response to this RFP # SM111513 title>! "Window Restoration, Repair or Replacement for the Sylva Martin QuUdlng. ", The purpose oftlJl~I3FP I~ to contract for the s9!Vlces ntjcessllIY fo(thilcompletlon of\heW6rk'deserlbE!d i"the Scope; of$ervlces (her9i~!:refe,r~dtoas ~thef>ri:lJ¢ct' pi'P,r9jOOt'), !ntl)t#~t~cr person~who \Vlahto r~6pC)' i.' .. ' Ji! .. ~f~:;i~np~,a'n itte ()orjJple1e .AF;P p~c~age!al tlff.CltY ,Monday'.ltlrollgh Friday'from9:00A,M;'104:QO' .. thefollQwing webi>~ge~~;IIWWW;tio~illmja ,~e:C!IY~c)f' $o,iJtt1 Mlf!JTli'sweb address ~ tor ' .. til All ~uch p'Q1entiai ve.1idors~rQglst~(U1iM . ..!uP!m Qb,tal(llngacopy, of thQ RFParid fllilure to, do:so lTlj!y . olentlalliejidcli'sfall~re. 10 .receiv~ addendllto..lhe RFPof.i!dQitlcirm!'ltiQfi.Thef~nureto timely. regl~ter§hiillb6 at the)lotentlil! ......... ~peijL ProPOSals' ar~ subject to IhQ Sti!ndard TemnUiid .Coridltlons conlalned In the complete RFP Package,. including all~Qcum~nts list'ld' in theRFP Table of .Conlents, . . . The Prop.cis~IPa(:l$g(j.ahall CQi1~lst (if on(1(1) orlglnpl,unbound prOpOsal, two (g) additional copl~~andone. (1) }lig!tal (or i:.9mp!lra~le fl1!ldlum including. FhlshPrl"e;DIlO (ir.CD) copy all of wilich sh~lIb~:dellveiiJd to,. Ihe Offlc~:of tho cltyQlerk .Iocalod at $oulh. Miami. Cityl1all, 6130 S.unsol DrlvB, S.91,1IhMi{;\ri:ll,F10ri~a 331~3/rheG.ii.lii.e. Proposal P!lclglgo:fil)all bo enciiispiliri a:si)qlederlva!opo qr:60n(alrllir'atid;shAII11E\Vo\lieloIiOwing: ,EnvelopolnfOrm!ll,ion claarlypriJiIQd.orwlil111n on .lh(j.C!~lerior of the. clOvelopeorCOril.i1.iilar·h\ whlchji)().seal~Q piQj~os!lIILi(lellyarqjl: Iha,Ulla of. Ihil.l RFP, asfoliowsWlridoW.Reil!9nilloli,Rep8Iror ;Rilpl~~melil fl)f the $ylv~.Martln a'~lIdln!l, RFPNSM111513 (lnd theliarii€)QI tile. Propos~r;(IlI!lo,(<i.f;aJ(Q~t?ll\l :ResPP.l\d~l1n,9P~p)nl Qnval9pea lly,cll as Ihoso p):()ylded by' UPS Oi'Fod,orlll: Expr(;lsa ~wlUnolbo;op~nedunless: lIlfly cOl1lalilthe ret.julro,d firlVolopli In!.om1CllloIl onlhe fronl or t>:;.ck 01 lho' env~l()pe,$(lalod PrOR~~aIS,lYi(Jst,lI!lJ<1,Colv'~\)YOfl(coof lila City, Clarki either llyiriall of hand,d61IV(iN;riolatifthtih l!1.A.M;loCaI tlii!a ori FrldDY, December, 13 .. 2013. A publicopenlno Wlillako placeet 10 A,M,: on ,Ihe same date In Ihe. Clty,.Cor:nml®IOJlCIiQQ1!l'ursJocl\lfidaJCily H.a.II, 6130 Sunsel.Qrive, South. Miami 33143,AnY. PropQsill· recplved ·a.llei 10 A,M, Ii>c,tll lima 011 saldqoteVilllnot be accepled under any. circumstances. Any uncertainty regarding the time a Proppsal is received will be resolved against Ihe person submitting the proposal and in favor of ,Ihe Clerk's receipt siamp, A Mandatory Pre-Proposal Meetln9 will be conducted et City Hallin' the Commission Charnbllrs on .Oecember 2, 2013 at 10:00 A.M. Th\l confa(en,ce~l:1all b~ h9.1d. (~gardl~ss of,w\l8Iherconditlons, Proposals are subje()\ t().lhl)teJm:s;·c(,lhdlli~ril!a~p.r()vl~IOn$ oflhlsletter as wall ,as. io thO.6~ provisions, terms,(londltlolls; affidavils, and documents col'lIt\lnOO, In I~15 F!FPP!lcli~ga, Th!lPilY, ie.S~rv!l8 Ih.8 right 10 award Iho Project to Ihe Propos,,1 deemed to be In Ihe (lily's bcist.lnterest, as detormlned by the City Manager,. or the Cily Commission, ·lnc1401119 ,tha rlghl of lhaCi!YloawardU1ePiojllC~ andex~cutaaconlracl with a Rilspondent or Responclenls, olher than to onewllO provided thal6west 'Proposat Price .and to reject any and all proposals; .and the right of the City to waive any Irregul~IiIY In IhGproPOsals or RFP prOC(ldura. 11/15 Maria MenEmdez, CMC City Clerk City 01 South Miami 13-B·202l2186461 M Member Name City of South Miami 4 Document(s) found for this bid 18 Planholder(s) found. Supplier Name Bid Number RFP-#SMI115153-0-2013/SK Window Restoration, Repair or Replacement for the Sylva Martin Bid Name Building Address 1 BOFAM CONSTRUCTION COMPANY, INC 697 N. MIAMI AVE, LOFT #3 Cityworks Construction, LLC 20356 NE 16 Place Construction Journal, Ltd. 400 SW 7th Street Decon Environmental & Engineering 2652 N.w. 31st Ave. EE&G Environmental Services, LLC 5751 Miami Lakes Drive Hartzell Painting 2301 nw 33rd court Koch Corporation 1131 Logan St McGraw-Hili 4300 Beltway Place Suite 180 McGraw-Hili Construction Dodge 4170 Ashford Dunwoody Rd Onvia, Inc. -Content Department 509 Olive Way, Suite 400 Overholt Construction 18635 SW 105 Ave Pistorino & Alam Consulting Engineers, Inc. 7171 SW 62nd Avenue, 4th Floor ~:0·; ;. ;.:·:·.:j2J;~ '. '--::>.; ':;;;;:;;:::~d.~ City State Zip Phone Attributes MIAMI FL 33136 7542450102 Miami FL 33179 3052495885 Stuart FL 34994 8007855165 I 1. Small Business 2. Woman Owned Ft. Lauderdale FL 33311 9544858800 Miami Lakes FL 33014 3053748300 Pompano Beach FL 33069 9546580515 I Louisville KY 40204 5026363571 Arlington TX 76018 8506563770 Atlanta GA 30319 4043036794 Seattle WA 98101 2063739500 Miami FL 33157 3052349677 Miami FL 33143 3056692700 1. African American Owned 2. Small Business 3. Woman Owned Providian Construction Group 10202 NW 47th St Sunrise FL 33351 9543063687 Reed Construction Data 30 Technology Parkway South, Suite 100 Norcross GA 30092 8009018687 30092- Reed Construction Data 30 Technology Parkway South, Suite 500 Norcross GA 2912 8008764045 Sunryse Construction Services, Inc. 3061 SE Waaler Street Stuart FL 34997 7722193506 TEQUESTA CONSTRUCTION SERVICES GROUP INC 1101 SW 64 AVE MIAMI FL 33144 3057934391 1. Small VendorLink LLC 12201 Research Parkway Orlando FL 32826 4074010031 Business NOTICE OF AWARD The City has considered the Proposal submitted by your firm for the Window Restoration, Repair or Replacement for the Sylva Martin Building 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 Window Restoration, Repair or Replacement for the Sylva Martin Building in the lump sum amount of $ 17., 51;2 0 , broken down as follows: Base Proposal: Alternate # I : 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 Policies, 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 r~oposal Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a ti-year contract requiring payme~.L0ut of more than one year's appropriation, the award and the contrac ust be approve~on before it is binding on the City. BY: --- Dated this ~ day of ~(Jh ,20tL ACCEPTANCE OF NOTICE Receipt of the a ove Notice of Award is hereby acknowledged by --'-4...;,.;...;:....a--'-h-"-~_I_I_(b_I-f_S_-A_y_t(_c_J._'_tl_'-__ On this the( day of , ,20D/t.!. BY: L :"1 U1tr, - TITLE: '<'$ c J 1'11\.1 , You are required to return an acknowledged copy of this Notice of Award to the City Manager. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 END OF SECTION Page 38 of 69 CONTRACT Window Restoration, Repair or Replacement for the Sylva Martin Building THIS CONTRtCT1'1as made ~nd ent1red into on this ) day of {>1[6 , 20K, by and between Hf;-~n (' f l'tp ~~ (..( e-rA .. '-(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 mone~ of the United States, the amount of: Sel/tI1.JNn.Ml'Jv~Jf,]lrlllu6ill1rl"~""'lJC Dollars ($ I~SW.OO~, Lump Sum. (Spell Dollar Amount on line above) (j 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 $100.00 dollars per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. S. 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. 9/9/13 Page 39 of 69 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 Jl1ade ~d ennredjnto on this J day of /?J;,?;z ,20~, by and between !fFtt1 h.df eP"le; J-4-dl~. (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 Contrac~. WITNESSES: Ih,\c~ Gve>dw,,-,- (print name of Witness) vJl.t-.UJ4~ 5TFCe:J...P4/ AUTHENTICATION: Read and Approved Legality and Exe~, © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Signature: -7...-rl'7"-~b..<~+f---';;..,f..,l!(",.A<:...s..::-I..'~ Name: --"r--~~~~~~~~--------r Title: __ ....E...;..;'---'--____ _ OWNER: ignature: . ...:;;;===::::;;~::::... _________________ _ Stevfin Ale ander /ci~y Man ger (/:~ ; _:§j3fl.~Lt_ .. _ ~--.... Page 40 of 69 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. Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I 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 12:0 I 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. 919/13 Page 41 of 69 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 ofthe 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 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 42 of 69 individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. 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 ( I 00%) 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( I), 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 2.3.6 2.3.7 revisions. The CITY will accept a surety bond from a company with a rating A. VII or better. 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 © Thomas F. Pepe, 2011·2013. All rights reserved. 9/9/13 Page 43 of69 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 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 I). 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. Oualifications 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 44 of 69 ARTICLE 3-CORRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3. I 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 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. 3.1 I 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 45 of 69 (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 (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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9113 Page 46 of 69 ARTICLE 5 -INSURANCE AND INDEMNIFICATION 5.0 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 5.1 Firm's Insurance Generally The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. 5.1.2 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim 5.1.3 Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (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 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9113 Page 47 of 69 (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. 5.104 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Five Million Dollar ($ 5,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 5.2 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and SA below and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM for CITY where applicable. 5.3 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure by the FIRM, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section SA herein below shall apply to this coverage unless it would be clearly not applicable. SA Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability on the part of the CITY to the FIRM for such cancellation. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM must prOVide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (a) an endorsement to the policy stating: "The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to Page 48 of 69 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9113 provide first notice of claim for any liability it incurs and that arises out of the acts, omissions or operations of the named insured. The insurer will pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (b) an endorsement that states: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami 20 days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." 5.5 Indemnification A. The FIRM shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the FIRM, its Sub- Contractor or any of their agents, representatives, employees, or assigns, arising out of this Agreement, incident to it, or reSUlting from the performance or non-performance of the FIRM's obligations under this AGREEMENT. The FIRM shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the FIRM, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT. B. The FIRM agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its sub-contractors or any of their agents, representatives, employees or assigns. In reviewing, approving or rejecting any submissions or acts of the FIRM, the CITY in no way assumes or shares responsibility or liability of the FIRMS, its Sub-Contractors, or any of their agents, representatives, employees or assigns. 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 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 layout 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 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 49 of 69 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 organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to payor 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 50 of 69 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. 6.1 I 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 CONSU L T ANT 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: 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: © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 51 of 69 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 I 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 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 © Thomas F. Pepc, 2011-2013. All rights reserved. 9/9/13 Page 52 of 69 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 Page 53 of 69 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 6.35 give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 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 6.36 Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 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 6.37.2 Use Premises: 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. 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. 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 Page 54 of 69 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 located where directed and approved by the CONSULTANT. All such facilities shall be 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 therefor 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 ofthe 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 55 of 69 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. 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 Ouantities: 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, II, and 12. © lhomas F. Pepc, 2011-2013. All rights reserved. 9/9/13 Page 56 of 69 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 ofthe Construction Documents. Limitations on Consultant's Responsibilities: 9.1 I The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 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 I 1.1 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. I 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: I 1.2.1 Specifications (including drawings and designs); © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 57 of 69 I 1.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equipment, materials, services, or site; or I 1.204 Acceleration in the performance of the Work. I 1.3 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. I 104 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 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. I 1.5 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 I 1.7 and I 1.8. I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this sec'tion or if asserted after final payment under this Contract. I 1.7 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: I 1.7.1 By negotiated lump sum. I 1.7.2 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 I 1.8 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: I 1.8.1 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. I 1.8.2 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. I 1.8.3 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, Page 58 of 69 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 11 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". I 1.8.4 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 rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. I 1.8.8 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 I 1.5. 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 I 1.8.9). 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 I 1.8. I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.1 0.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I 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 I 1.8. When both additions and credits are involved in anyone 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. LlOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 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 © Thomas F. Pepe, 20\\-2013. All rights reserved. 9/9/13 Page 59 of 69 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 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 st 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 (I) 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 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 60 of 69 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 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 © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 61 of 69 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 CONSUL TNT'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 on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the 14.5 14.6 CITY free and clear of any liens. 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. 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 14.6.4 14.6.5 14.6.6 probable filing or receipt thereof, the Contract Price has been reduced because of modifications, the CITY has correct Defective Work or completed the Work in accordance with Article 13. 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 62 of 69 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 14.1 I 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 © lbomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 63 of 69 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 I 5.5 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. 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 CONTRACTO R 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9113 Page 64 of 69 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 (21) calendar days of the first observance of such injury or damage. ARTICLE 17 -WAIVER OF IURYTRIAL 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 IURISDICTION I VENUE I 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 -PROIECT 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 19.070 I) 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 65 of 69 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 I 19, 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 119. ARTICLE 20 -SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the 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 inclusion as part of the Contract Documents on this ~9! day of --<-'~+-_--==---_--;' Signatu re: .,.f--"I--;I':.,.L.-'-"r,...,-:-r--:-'---.l.~~ Name:_~~_~~=---~~_~~ Title: __ --'-'--=-....:::..-'--''''''''-'=~ ___ . AUTHENTICATION: OWNER: CITY OF SOUTH MIA s;g",~ Mana en ez City Clerk Read and Approved as Legality, and Ex ti n T © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 66 of 69 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 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 executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this C;; I day of jfoFJrte-l-_»~' ~:tA L-=--CO~~~~~~~ ~AXk;M ~ N,me' ~~"/0:l \{ol\J<A,U'\Y_ \-1t S \ CO£? ~---.: AUTHENTICATION: © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Title: OWNER: Signature: END OF SECTION ~ CITY SOUTH MIAMI Page 68 of 69 Supplementary Conditions A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined,as..tb.e- ~~ef of Reeen:l, and/or City Engineer am::l the CONSULTANT's name, address, telephone number and facsimile number are as follows: Consultant '"NIk ~.Yl..L.-vV.) c.~ell~t fmflt'VYU'hlfVvr YYl(A/Yl~~'\. City of South Miami Capital Improvement Manager 4795 SW 75 Ave 400 Miami, FI. 33155 Phone 305-403-2072 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 I. 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. E. 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 CO NT ACTOR 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 67 of 69 NOTICE TO PROCEED "Window Restoration, Repair or Replacement for the Sylva Martin Building" TO: DATE: PROJECT DESCRIPTION: Window Restoration, Repair or Replacement for the Sylva Martin Building in ~ccor1rL with Plans and Contract Documents as may be prepared in whole or in part by < {~ ~-\~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 as stipulated in the contract document. The date of completion of all Work is therefore ___________ _ ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by ______________ _ TITLE: ___________ _ © Thomas F. Pepe, 2011-2013. All rights reselved. 919113 END OF DOCUMENT Page 69 of 69 fORM Of PERfORMANCE BOND No. 60096005 (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, Hartzell Construction, Inc. • whose business address is 2301 NW 33rd Ct and whose telephone number is 954-658-0515 as Principal (hereinafter referred to as "Contractor"), and Capitol Indemnity Corporation • whose business address is See page 2 and whose telephone number is 800-475-4450 , as Surety. are bound to the City of South Miami whose business address is 6130 Sunset Dr and whose telephone number is 305-663-6339 • as Obligee. (hereinafter referred to as "City") in the amount of Seventeen Thousand Eight Hundred Twenty and 00/100 Dollars ($ 17,820.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract, for the Window Restoration, Repair or Replacement for the Sylva Martin Building, awarded on the 3rd day of --C.F_e:.;b;:..;r..;;.u;..:ac.;.ry"--___ _ 20.1i.., under Contract NumberSM111513by the City for the construction of Sylva Martin Window Restoration (brief description of the Work) in accordance with drawings (plans) and specifications prepared by NIA which Contract is hereby made a part hereof by reference, and is hereaftel- referred to as the "Contract"; effect. THE CONDITION OF THIS BOND is that the Contractor: r. Fully performs the Contract between the Contractor and the City of South Miami as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City aU 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 (I) 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 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 folfowing 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 fOI-ces, 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 shalf pay for the cost to complete the Work. 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. <0 Thomu$ f. Pepe, 2011-2013. All rights reserved. 9/9/13 Page 17 of 69 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 6th day of February , 20.JA., the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: o~ A~rbU Secretary • IN THE PRESENCE OF: h.~K~ and Attorney-in-face Signature) Debra L. Nash ""'mv.~~,.~,_~~,, __ · __ ,, __ _ STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) (Individual, PreSident. Managing Member or General Partner, etc.) --~--,--.---.-------- (Business Address) (Business Address) Pompano Beach, FL 33069 ( City/State/Zip) 954-658-0515 (Business Address) Madison, WI 53705 (CitylStatelZip 800-475-4450 (Business Telephone) On this, the day of /h1-2r{1C~ ,201 '1, before me, the undersigned notary public ofthe State of Florida, the foregoing performance bond was acknowledged by Edward Holman, Jr, (Corporate Officer). President (Title), of Hartzell Construction, Inc. (Name of Corporation), a Florida (State of Incorpor' n) corporation, on behalf of the corporation. WITNESS my hand and official seal. ) ~'1"~ tary Public, Stat of FI rida NOTARY PUBLIC: SEAL OF OFFICE: /' Personally known to me, or (Name of Notary Public: Print, Stamp or Type as commisSioned.) Personal identification: __________ _ Type of Identification Produced _..AANY""""fY....,..",..,,,...,,..,,vd~...--S Did take an oath. or Notary PubliC State of Flori a Did Not take an oath. Carly 61ttlingmeyer 9 My COlYllYlissionEE 18721 !J,~ Thomas F. Pepc, 2011-20l3. All fights reserved. 9/9fl3 Expill!ll 051~812016 Page 18 of 69 CAPITOL INDEMNITY POWER 01,' 60098764 KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY COHPOHATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, docs make, constitute and appoint ---------------------KAREN PECORA-BARBOUR; DEBRA NASH; STACEY L. NASH; CHRlSTOPHER R SMITH; BETH A WOODRING----------------- its trllcand lawful Alt6i'licy(s)-in-fact, to make, execute, seal and deliver for ,ind onils bchalf, as surety, and as its act and deed, ali)' and all bOlids, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,OOO,OOO.OO-------------------------------------- This POxVer bf Attorney is granted and is signed and scaled byfacsimik under and by the authority of the following Rcsolution.adopted. by the. Board of Directors of CAPITOL INDEMNITY CORPOHATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President. Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings. and other writingsobligatoryin the nature thereof, one or more resident vice-presidents. assistant secretaries and attorney(s)··in-fact. cachappqintee to have the po\vers and duties llsual to such offices to the business of this company: the signatlIre of such officers and seal (if the Company lllay be affixed to any such'power of a((orne,y' or to any certificate relating thereto by facsimile. amI any such powcr of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the COlllpany, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked. for calIse. or without causf', by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seaitobe hereto affixed duly attested, this 2nd day of May, 2011. Attest: Richard W. Allen III President Surety & Fidelity Operations STATEOF WISCONSIN ·}·s.s.: COUNTY OF DANE CAPITOL David F. Pauly CEO & President CORPOHATION On the 2nd day of May. 2011 before me personally came David F, Pauly, to me known. who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin: that he is President of CAPITOL INDEMNITY CORPORATION, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order·.of the .Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTYOF DANE } S.s. DANIEL w. !<RUEGER CERTIFICATE Daniel \V. Krueger Notary Public, Dane Co .. WI My COl11mission Is Permanent 1. the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPOI~ATION. a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolution of the Board of Directors. set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this __ to._~ __ day of E..£13.&u...FlJ3-.,'L __ . 2_QLI:L __ . __ , t7~/~ Alan S. Ogilvie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GRAYSHADED BACKGROUND WITH A RED SERIAL NUMBER IN TIlE UPPER RIGHTHAND CORNER. IF YOU HAVE ANY QUESTIONS CONCER!'<ING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. CIC·POA is· J I) FORM OF PAYMENT BOND "Window Restoration, Repair or Replacement for the Sylva Martin Building" (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 255.0 I. et seq.. Florid,) St:;k.utes. we. IL-I-ull (tlnC;)Yl.Achv, . whose business address is 1-..,,01 V\w'3:t,"'ct"CU.land whose telephone number is f .as Princip.al., (hereinaft.er referred p. ~~ ,as I. "Contractor"). and ---------:;;,.--,-:::-;---::0:<=.----0:----.-----,. whose busmess address 1s.:2"3Q1 171,<..) ~3 a,-", '(Lnd whose telephone number is t:jj'l-cp-7'-'f7f.t/ . as Surety. are bound to the City of South Miami. whose business address is ________ and whose telephone number is .as Obligee. (hereinafter referred to as "City") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves. their heirs. executors. administrators. successors and assigns. jOintly and severally. WHEREAS. Contractor has. by written agreement. entered into a Contract for the «PROJECT». awarded on the day of . 20 __ . under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by N/A 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 WIT~ESS WHEREOF. the. above bopded parties have executed this instrument under their several seals on this d' day of /h,.,.dt:.' t-. 20, . the name and the corporate seal of each corporate party being hereto affixed and these presents being dul}) s'gned by its undersigned representative. OR ATTEST: © Thomas F. Pepe, 201 1-2013, All rights reserved, 9/9/13 (Individual. P si ent, Managing Me~b~Lor.Gene~aIJPartne : etc.) "'Zf~Of tl/A..J '3.:'/ C(JL ... · r (Business Telephone) 1-td\-ltJv:'1! (b.\. ~l,,\ vv-c k(,'lr (';\ i (Corppra~ Name) vIS. welL v C i.:k2\ W\61 '" (PreSident) Page 19 of 69 Secretary (City/State/Zip~ qrv-9')7 -77(P I (Business Telephone) SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY ~'vJ I/j)/~ '-IS THE PRINCIPAL AND ______________________ IS THE SURETY IN THE PRESENCE OF: ______________ ,INSURANCE COMPANY: BY: _____________________ (SEAL) (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this. the day of . 20_. before me. the undersigned notary pUblic of the State of Florida. the foregOing payment bond was acknowledged by (Corporate Officer). __________ --:-=-__ :-:--__ (Title). of (Name of Corporation). a __________ (State of Incorporation) corporation. on behalf of the corporation. WITNESS my hand and official seal. --------:-:-----c:::-:-:--:c----,:-=-.,-- Notary Public. State of Florida 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. © Thomas F. Pepe, 2011-2013. All rights reserved. 9/9/13 (Name of Notary Public: Print. Stamp or Type as commissioned.) END OF SECTION Page 20 of 69 Init. AlA Document A312'" -2010 Performance Bond Bond No. 60096005 CONTRACTOR: (Name, legal status and address) Hartzell Construction, Inc. 2301 NW 33rd Court, Suite 113 Pompano Beach, FL 33069 OWNER: (Name, legal status and address) City of South Miami 6130 Sunset Drive South Miami, FL 33143-5040 CONSTRUCTION CONTRACT Date: February 03, 2014 Amount: $ 17,820.00 Description: (Name and location) Sylva Martin Window Restoration #SM 111513 BOND Date: SURETY: (Name, legal status and principal place of business) Capitol Indemnity Corporation, State of Incorp: Wisconsin PO Box 5900 Madison, WI 53705 (Not earlier than Construction Contract Date) February 06,2014 Amount: $ 17,820.00 Modifications to this Bond: ~ None [=:=J See Section 16 CONTRACTOR AS PRINCIPAL SURETY Capitol Indemnity Corporation Company: (Corporate Seal) 7 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion, The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. '--:;::. Signature: Signature: ~t' / wi ' ~,k·--- Name and Name and ren Pecora-Barbour, Title: President Title: Att~mey-in-Fact (Any additional signatures appear on the last page of this Peiformance Bond.) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) The Barbour Group, LLC 20 Liberty Street, #2D Westminster, MD 21157 Telephone Number: 410-876-9610 (Row deleted) AlA Document A312™ -2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) Init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, an'ange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AlA Document A312™ -2010 Performance Bond. The American Institute of Architects. All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/0512014, and is not for resale. User Notes: (1382968145) In it. § 7 If the Surety elects to act under Section 5.1,5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AlA Document A312™ -2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) Init. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: !~')pace is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS!JJ. CIPAL SURETY C{'mpm;y: tf} f Company: (Corporate Seal) Signature: I Signature: Name and Title:/.'::: Name and Title: Addrc'tls: Address: AlA Document A312™ -2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) CAPITOL INDEMNITY POWER OF 60096005 KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of' the State of' Wisconsin, having its principal ollices in the City of Middleton, Wisconsin, docs make, constitute and appoint ---------------------KAREN PECORA-BARBOUR; DEBRA NASH; STACEY L, NASH; CHRISTOPHER R SMITH; BETH A WOODRING--------------------- its trueimd lawful Atlorncy(s)··in··fact, to make, execute, seal and deliver for anc! on its behalf', as surety. and as its act and deed, any and all bonds. undertakings and contracts of suretyship. provided that no bond or undertaking or contract of' suretyship executed under this authority shali exceed in amount the sum of -------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,OOO,OOO.OO-------------------------------------- This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the f'oliowing Resolution adopted by the. Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 1 5th day of May. 2002. "RESOLVED, that the President, Executive Vice President, Vice President. Secretary or Treasurer, acting individually or otherwise, be and they hereby arc granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof. one or mor" resident vice-presidents. assistant secretaries and attorney(sHn-facl, each appointee to have the poWers anel duties usual to such o1Tices to the business of this company; the signature of such officers and seal of the COlllpany may be affixed to any Sllchpowcr of attorney or to any certificate relating thereto by facsimile. and any such power of attorney or certificate beilringsuch facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile sigilatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in tbe nature thereof to which it is attached. Any such appointment may be revoked. for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate sealto·be hereto affixed duly attested, this 2nd day of May, 201 J. Attest: Richard W. Allen III President . Surety& Fidelity Operations STATE OF WISCONSIN }' S.'S.: COUNTY OF DANE CAPITOL INDEMNITYCOH.PORATION David F. Pauly CEO & President On the 2nd day of May, 2011 before me personally came David F. Pauly, to me known. who being by me duly sworn. did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of CAPITOL INDEMNITY CORPORATION. the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE } S.S. DANIEL W "'_ KRUEGER CER'rIFICATE Daniel W. Krueger Notary Public, Dane Co .. WI My Commission Is Permanent I, theundc;'signed, duly elected to the office stated below. now (he incumbcnt in f:APKTOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate. DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolution of the Board of Directors. set forth in the Power of Attorney is now in force. Signed and scaled at the City of Middleton, State of Wisconsin this _. "" ~. __ ._ day of -P---tBJJJ9_!.kQ--B.:i ____ . 2_0 L~_~ ____ . ~'kL Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON.GI~AY SHADED. BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHTHAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. CIC-POA(5 .. 11) Additions and Deletions Report for ® TM AlA Document A312 -2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 10:08:46 on 02/06/2014. PAGE 1 Bond No. 60096005 Hartzell Construction, Inc. 2301 NW 33rd Court, Suite 113 Pompano Beach, FL 33069 City of South Miami 6130 Sunset Drive South Miami, FL 33143-5040 Date: February 03, 2014 Amount: $ 17,820.00 Sylva Martin Window Restoration #SM 111513 Date: Capitol Indemnity Corporation, State of Incorp: Wisconsin PO Box 5900 Madison, WI 53705 (Not earlier than Construction Contract Date) FebruaIY 06,2014 Amount: $ 17,820.00 Modifications to this Bond: [LJ None c=J See Section 16 Ha'tzdl~, Namen~ Title: President Capitol Indemnity Corporation Name and Title: Karen Pecora-Barbour, Attorney-in-Fact Additions and Deletions Report for AlA Document A312TM -2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) The Barbour Group, LLC 20 Liberty Street, #2D Westminster, MD 21157 Telephone Number: 410-876-9610 Additions and Deletions Report for AlA Document A312™ -2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) Certification of Document's Authenticity AIA® Document D401™ -2003 I, Debra L. Nash, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:08:46 on 02/06/2014 under Order No. 7606068578_1 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AlA ® Document A312™ -2010, Performance Bond, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Y"../L' Q PeA" 1\1 ~ (Title) (Dated) AlA Document D401 ™ -2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:08:46 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (1382968145) Init. AlA Document A312" -2010 Payment Bond Bond No. 60096005 CONTRACTOR: (Name, legal status and address) Hartzell Construction, Inc. 2301 NW 33rd Court, Suite 113 Pompano Beach, FL 33069 OWNER: (Name, legal status and address) City of South Miami 6130 Sunset Drive South Miami, FL 33143-5040 CONSTRUCTION CONTRACT Date: February 03, 2014 Amount: $ 17,820.00 Description: (Name and location) Sylva Martin Window Restoration #SM 111513 BOND Date: SURETY: (Name, legal status and principal place of business) Capitol Indemnity Corporation, State of Incorp: Wisconsin PO Box 5900 Madison, WI 53705 (Not earlier than Construction Contract Date) February 06,2014 Amount: $ 17,820.00 Modifications to this Bond: ~ None CJ See Section 18 CON'tRACTOR AS PRINCIPAL Signature: Name and Title: SURETY Capitol Indemnity Corporation Company: (Corporate Seal) Si nature: Name and Title: (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) The Barbour Group, LLC 20 Liberty Street, #2D Westminster, MD 21157 Telephone Number: 410-876-9610 (Row deleted) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) Init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnifY and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfY a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Payor arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifY the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfY claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfY obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This A1A® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014. and is not for resale. User Notes: (961236024) Init. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This A1A® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) In it. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: Company: (Corporate Seal) Signature: Narr,e and Title: Address: AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02106/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) CAPITOL KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION. a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, docs make, constitute and appoint """""""""""""""""""""KAREN PECORA"BARBOUR; DEBRA NASH; STACEY L. NASH; CHRISTOPHER R. SMITH; BETH A WOODRING""""""""""""""""""""" its true'ilnd lawful Attoi'liey(s)-in-fact. to make, execute, seal and deliver jdr and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking Ol' contract of suretyship executed under this authority shall exceed in amount the sum of """""""""""""""""""""""""""-"""""""""-ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,OOO,OOO.OO""""""-"""""-""""""""""""""""""""""""" This Power of AttOl'ney is granted and is signed and sealed by facsimile under ,md by the authOl'ity of the following Resolution adopted by the. Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May. 2002. "RESOLVED, that the President, Executive Vice President. Vice Prcsident. Secretary or Treasurer, acting individually or otherwise, be and the)' hereby arc granted the power and authorization to appoint by a Power of Attorney for the purposes onl)' of executing and attesting bonds and undertakings. and other writingsobligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(sHn-fact, each appointee to have. the powers imd duties lIsual to such offices to the business of this company: the signatqre of such officers and seal of tlw Compfmy l11ay'be affixed to any such power of attorney orto an)' certificate relating thereto by facsimile. and any such power of attorney or certificate bearing suchTacsimile signatul'es or facsimile seal shall be valid and binding upon the Company. and any such power so executed and certified by facsimile sigilatllres and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is auached. Any such appointment may be revoked. for cause, or without cause, by any of said officers, at any timc," IN WITNESS WHEREOF. the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 2nd day of May, 2011. Attest: Richard W. Allen 1I1 President Silrety& Fidelity Operations STATEOF WISCONSIN }.s.s.: COUNTY OF DANE CAPITOL INDEMNITY CORPORAnON David F. Pauly CEO & President On the 2nd day of May, 2011 before me personally came David F. Pauly. to me known, who being by me duly sworn. did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of CAPITOL INDEMNITY CORPORATION, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixec\by order.of the Board of Directors of said corporation and that he signed .his name thereto by like order. STATE OF WISCONSIN COUNTYOF DANE } S,s.: =-1< DANIEL w. KRUEGER CERTIFICATE Danicl W. Krucger Notary Public, Dane Co .. WI My Commissioll Is Permanent T, the .undersigned.cluly elected to the orrice stated below. now the incumbent in CAPITOL INDEMNITY CORPORATION. a Wisconsin Corporation, authorized to make this certificate. DO HEHEBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and scaled at tbe City of Middleton, State of Wisconsin this ___ (.. .;t:/.... ____ day of __ t;"..£~~ __ . 2_1J--'-_~ ___ . t?(~,;e Secretary TI-IIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GRAY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL. 800-475-4450. CIC-POI\(5-1 J) Additions and Deletions Report for ® TM AlA Document A312 -2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 09:50:28 on 02/06/2014. PAGE 1 Bond No. 60096005 Hartzell Construction, Inc. 2301 NW 33rd Court, Suite 113 Pompano Beach, FL 33069 City of South Miami 6130 Sunset Drive South Miami, FL 33143-5040 Date: February 03, 2014 Amount: $ 17,820.00 Sylva Martin Window Restoration #SM 111513 Date: Capitol Indemnity Corporation, State of Incorp: Wisconsin PO Box 5900 Madison, WI 53705 (Not earlier than Construction Contract Date) February 06,2014 Amount: $ 17,820.00 Modifications to this Bond: IT:::] None c.=J See Section 18 President Capitol Indemnity Corporation Name and Title: Karen Pecora-Barbour, Attorney-in-Fact Additions and Deletions Report for AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) The Barbour Group, LLC 20 Liberty Street, #2D Westminster, MD 21157 Telephone Number: 410-876-9610 Additions and Deletions Report for AlA Document A312™ -2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) Certification of Document's Authenticity AIA® Document 0401 ™ -2003 I, Debra L. Nash, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:50:28 on 02/06/2014 under Order No. 7606068578_1 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AlA ® Document A312™ -2010, Payment Bond, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Y'~ PV./O'd..vJ (Title) (Dated) AlA Document D401 ™ -2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:28 on 02/06/2014 under Order No.7606068578_1 which expires on 05/05/2014, and is not for resale. User Notes: (961236024) DO NOT DELETE .. PURCHASE ORDER TO FOLLOW NOTICE TO VENDORS: The School Board of Broward County. FL (SBBC) will be closed on the following dates for the 2013/2014 Scho01 Year. Schools will not be open for deliveries on dates stated. The Central Warehouse and Departments will not be open for deliveries on dates stated. DO NOT A TTEMPT TO MAKE DELIVERIES DURING DA TES LISTEDr SBBe WILL NOT BE RESPONSIBLE FOR ANY RE-DELIVERYCHARGES AS A RESUL T OF AN ATTEMPTED DELIVERYr January 20. 2014: All Schools and Departments Closed February 17. 2014: All Schools and Departments Closed March 24 to March 27. 2014: All Schools Closed March 28. 2014: All Schools and Departments Closed April 18. 2014: AU Schools Closed May 26. 2014: All Schools and Departments Closed June 6. 2014 through August 2014: Schools will be closed July 4. 2014: All Schools and Departments Closed Purchase Order School Board of Broward County, Florida Supply Management and Logistics 7720 West Oakland Park Boulevard, Suite 323 Sunrise, FL 33351 Tel: 754-321-0505 Purchasing AgenUBuyer: Mark Alan E-mail: mark.alan@browardschools.com Telephone: 754-321-0507 PA Technician Tel: 754-321-0520 T ROOF PAINTING BY HARTZELL INC o 2301 NW 33 COURT -SUITE 112 POMPANO BEACH, FL 33069 Vendor Number: 122678 Terms of Delivery: FOB DESTINATION Material No/ Vendor Order Line Description Material Number Quantity PAINTING SERVICES Unit of Measure AU ----.--------------V" Submit All Invoices To: School Board of Broward County, Florida Accounting & Financial Reporting Department ATTN: Accounts Payable 600 SE 3rd Avenue, 7th Floor Fort Lauderdale, FL 33301 / Tel: 754-321-2270 Purchase Order Number: 7514007801 Purchase Order Date: 02/12/2014 S Physical Plant Operations H 3810 NW 10 Avenue I Ft. Lauderdale, FL 33309 P Tel: 754-321-4634 T o Contact: Cynthia Teston Terms of Payment: Net 30 Days Delivery Bid Bid Expiration Unit Price Net Value Date Number Date 02/14/2014 60-001 P 4,999.00 4,999.00 OPEN PURCHASE ORDER FOR PRODUCTS AND/OR SERVICE AT THE REQUEST OF THE PHYSICAL PLANT OPERATIONS DEPARTMENT Total Net Value 4,999.00 USD FLORIDA STATE SALES TAX EXEMPT: 85-8013140099C-8 Delivery of this Purchase Order via electronic means or via FEDERAL EXCISE TAX EXEMPT: 59-70-0062-1 US Postal Service constitutes SBBC's approval for the purchases of the goods and services stated herein. VII Ci lS":fJCiI CiL": .... Ciy..:. Page 2 of 3 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA PURCHASE ORDER TERMS AND CONDITIONS 1. GENERAL: Acceptance of this order constitutes acceptance of all conditions herein stated. The terms and conditions of this order, including price, delivery, method/schedule, quantity, and specifications shall not be changed or modified, except in writing, with the consent of SBBC Supply Management & Logistics Department. Failure to deliver the goods/services or to comply with the conditions herein shall constitute default, in addition to other legal remedies. 2. BID TERMS: If this purchase order is a result of a Bid or Proposal award, all conditions, provisions and specifications of the Bid/Proposal shall become a part of and are incorporated into this order. 3. CANCELLATION: SBBC reserves the right to cancel any order or contract for failure of the Vendor to comply with the terms, conditions, and specifications of this order. 4. DELIVERY, TITLE AND RISK OF LOSS: All shipments must be made F.O.B SBBC at the address specified. Deliveries are to be inclusive of excises, duties, importation fees, and all other transportation charges. Title shall pass to SBBC on delivery of the conforming goods to be designated location. Delivery shall not be complete until the goods and/or services have been received, inspected and accepted by SBBC. In the event that SBBC agrees to pay the freight, all freight charges shall be fully prepaid and included on the invoice. The original shipping bill must be included with the invoice. 5. INDEMNIRCATION: Vendor agrees to indemnify, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, judgments, costs and expenses including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which SBBC, its agents, servants and employees may payor become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by the Vendor its agents, servants or employees; the equipment of the Vendor, its agents, servants or employees while such equipment is on premises owned or controlled by SBBC; or the negligence of Vendor or the negligence of Vendor's agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be for damages, damage to property including SBBC's property, and injury or death of any person whether employed by the Vendor, SBBC or otherwise. 6. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to, or risk of loss or damage to all items shall be the responsibility of the Vendor until acceptance by the buyer unless loss or damage resulting from negligence by the buyer. If the materials or services supplied to the Board are found to be defective or not to conform to specifications, the Board reserves the right to cancel the order upon written notice to the seller and return product at Vendor's expense. r LEGAL COMPLIANCE: The Vendor guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. 8. MATERIAL SAFETY DATA SHEET: The Vendor agrees to furnish SBBC with a Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDS Sheets shall be provided for all shipments. Send MSDS and other pertinent data to SBBC, Supervisor of Risk Management, 600 S.E. Third Ave, 11 th Floor, Fort Lauderdale, FL 33301 and to SBBC, Supply Management & Logistics Department, 7720 W, Oakland Park Blvd., Suite 323, Sunrise, Florida, 33351. 9. WARRANTY: In addition to any warranty implied by law and any other express warranties, Vendor expressly warrants that all material or services covered herein will be: (a) free of infringements of property rights of third parties, including without limitation, any patent, trademark, trade name, copyright or right of publicity; (b) free from defects in material and workmanship; (c) of merchantable quality; (d) fit for the intended use by SBBC and any other intended uses of such goods; (e) of a grade and performance in conformity with all specifications, blueprints, designs, drawings, samples, models, descriptions, instructions and other data. Vendor warrants that any services to be performed by Vendor hereunder will be performed, as an independent contractor in a good and competent manner. 10. VENUE FOR ANY ACTION: Any action arising out of this contract shall be governed by and construed under the 17th Circuit Court of Broward County, Florida, or the United States Court of the Southern District of Florida_ 11. BACKGROUND SCREENING: Vendor agrees to comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that Vendor and all its personnel who (1) are to be permitted access to school grounds when students are present, (2) will have direct contact with students, or (2) have access or control of school funds will successfully complete the background screening required by the referenced statutes and meet the standards established by the three requirements identified above. This background screening will be conducted by SBBC in advance of Vendor or its personnel providing any services. Vendor will bear the cost of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Vendor and its personnel. The Parties agree that the failure of Vendor to perform any of the duties described in this sections hall constitute a material breach of this Purchase Order entitling SBBC to terminate immediately with no further form of physical or mental injury, death or property damage resulting in Vendors failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. 12. ASSIGNMENT: This Purchase Order and any monies, which may become due hereunder, are not assignable except with the prior written approval of the Director of Supply Management & Logistics.