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Res No 139-14-14233RESOLUTION NO.:139-14-14233 A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc.fora total expenditure not to exceed $100,813 for the Sunset Drive Median Project. WHEREAS,the Mayor and City Commission wishtoprovide infrastructure improvements along Sunset Drive /SW72Street,between SW 58th Avenue andSW 57th Court;and WHEREAS,pursuant to the competitive selection process,it was determined that Maggolc,Inc. submitted a proposal in the amount of $87,663 that was the most comprehensive and cost effective inits construction approach;and WHEREAS,the City desires toprovidea15%contingency of $13,150,over the proposal amount for unknown factors that may arise during the work,foran amount ofnotto exceed $100,813;and WHEREAS,the total expenditure,includingthe contingency amount,isnotto exceed $100,813;and WHEREAS,theMayorandCity Commission desire to authorize theCity Manager to enter intoa contract withMaggolc,Inc.,Inc for the Sunset DriveMedian project foratotal amount notto exceed $100,813. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:The City Manager is authorized to negotiate terms and conditions andto execute a contract with Maggolc,Inc,Incforthe Sunset DriveMedianprojectforan amount notto exceed $87,663 andheis authorized to expend upto $13,150 for unforeseen conditions.Acopyofthe base contract is attached. Section 2:The expenditure shallbe charged totheLocalOption Gas TaxTrustFund account number 112-1730-541-6210whichhasabalanceof$176,118.54,beforethis request wasmade,and/orchargedtothe People's Transportation Plan account number 124-1730-541-6490,which has a balance of $821,675,724,before this request was made Section 3:Ifanysectionclause,sentence,orphraseofthis resolution isforanyreasonheld invalid or unconstitutional byacourtofcompetent jurisdiction,the holding shallnotaffectthe validity ofthe remaining portions of this resolution. Section 4.Thisresolutionshalltakeeffectimmediatelyuponadoption. PASSED AND ADOPTED this 15th dayof July .,2014. APPROVED: COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 4-1 Yea Yea Nay Yea Yea South*Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Date:July 15,2014 Agenda ItemNo. Subject: Background: Amount: Account: A resolution authorizing the City Manager to negotiate and enter intoa contract with Maggolc,Inc.fora total expenditure not to exceed $100,813 for the Sunset DriveMedian Project. A Request for Proposal (RFP)was publicly advertised to perform the constructionofa landscaped medianon Sunset Drive between SW 57th Court andSW 58th Avenue.Thescopeof work for this project includes curbing,new signage,pavement marking and striping,tree planting, sodding,and irrigation,milling and resurfacing. Six (6)interested vendors submitted bids,as shown below: Maggolc,Inc.$87,663.00 RP Utility &Excavation Corp $92,279.81 Sanchez Arango $98,800.00 JVA Engineering Construction,Inc.$118,000.00 Square Construction Management Group,LLC $120,880.00 A.G.Andale Group $136,379.21 Amount not to exceed $100,813 The expenditure shallbe charged to the LocalOption Gas TaxFund account number 112-1730-541-6210 which has a balance of $176,118.54beforethisrequestwasmadeand/orchargedtothe People's Transportation Plan account number 124-1730-541-6490, which has a balance of $821,675.724,before this request was made. Attachments:Resolution Bid Opening Report Proposal BID OPENING REPORT '•^^i-:*^ Bids were opened on:Thursday.July 3.2014 after:10:00am For:RFPtfgig 2014-05 -Sunset Drive Downtown Median COMPANIES THAT SUBMITTED PROPOSALS:'AMOUNT: 1.A.G.ANDALE GROUP 2.B SQUARE CONSTRUCTION 3.JVA ENGINEERING JJO,g-fft*.°- <s>e>//fl /?<?^- 4.MAGGOLC INC £7 ^i?,"~ 9j:j7^y5.RP UTILITY &EXCAVATION CORP 6.SANCHEZ ARANGO ffr.p*d*l THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. C»y Clerk:Mti't/A ,//'^tf/ff/fpt?S~ Print Name Witness»-•skip Print Name Witness: Print Name \^ASigf/alure fj J?J.. Signature Signature WkAl.Souhr Miami IHt CIFY Of PLEASANT LIVING CITY OF SOUTH MIAMI Sunset Drive Downtown Median From SW 57th Court to SW 58th Avenue Proposal Due Date:10 AM,July 3,2014 RFP#PW-20l4-05 TheCityofSouth Miami,Florida,hereinafter referred toas "CSM'\throughitschiefexecutiveofficer(City Manager)hereby solicitssealed proposals responsivetotheCity's request (hereinafter referred toas "Request for Proposals"or "RFP*).All references inthisSolicitation(also referred toasan"Invitationfor Proposals**)to "City"shallbea reference to theCity Manager,or themanager'sdesignee,fortheCityofSouth Miami unless otherwise specifically defined. TheCityisherebyrequestingsealedproposalsinresponsetothis RFP #PW-2014-05 titled "Sunset Drive Downtown Median".The siteis located along Sunset Drive between SW57thAvenueandSW 58th Avenue, South Miami,FL 33143.The purpose ofthis RFP isto contract for the services necessary forthecompletionof the project in accordance with the "Scope ofServices"as described In this RFP. interested persons whowish to respond to this RFP canobtain the complete RFPpackageattheCityClerk's officeMonday through Fridayfrom9:00 A.M.to4:00 P.M.or byaccessing the followingwebpage: http://www.southmiarriifl.gov whichistheCityof South Miami's webaddressforsolicitationinformation. Proposalsaresubject to the StandardTermsandConditionscontainedinthe complete RFP Package,including all documents listed in the RFP Table of Contents. TheProposalPackageshallconsistofone(I)original unboundproposal,four(4)additionalcopiesandone(I) digital (or comparable mediumincluding Flash Drive,DVD or CD)copyallofwhichshallbedelivered to the Officeof the City Clerk located atSouth Miami CityHall,6130 SunsetDrive,South Miami,Florida 33143.The entireProposalPackageshallbeenclosedinasealedenvelope or container andshallhave die following Envelope Informationclearly printed or written onthe exterior oftheenvelope or containerinwhichthesealedproposal isdelivered:the title ofthisRFP,asfollows "Sunset Drive Downtown Median"RFP #PW-2014-05 and thenameofthe Proposer (also referred to as"Respondent").Special envelopessuchasthoseprovidedby UPS or FederalExpress will not beopenedunlesstheycontaintherequired Envelope Information onthefront or back oftheenvelope.SealedProposalsmustbereceivedbyOfficeoftheCity Clerk,either by mail or hand delivery, nolaterthan 10:00 A.M.local time on July3,2014.A publicopening will cakeplaceat 10 A.M.onthesame datein the CityCommission Chambers locatedatCityHall,6130 SunsetDrive,South Miami 33143.Any Proposalreceived after 10 A.M.localtimeonsaid date will not be accepted under anycircumstances.Any uncertaintyregarding die timeaProposalisreceivedwillberesolvedagainstthepersonsubmittingtheproposal andinfavorof the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hallin the Commission Chambers at 6130 Sunset Drive,South Miami,Fl 33143 on June 25,2014 at 10:00 AM.Proposalsare subjea totheterms,conditions andprovisionsofthis letter aswellasto those provisions,terms,conditions, affidavits and documents contained inthisRFPPackage.TheCity reserves theright to awardtheProjecttothe personwiththe lowest,most responsive,responsibleProposal,asdeterminedby the City,subjea totherightof theGty,or theCityCommission,to rejea anyandallproposals,andtherightoftheCitytowaiveanyirregularity intheProposals or RFP procedure and subjea also to therightof the Citytoaward the Project,and execute a contract witha Respondent or Respondents,other thantoonewhoprovidedthelowestProposalPrice. Maria M.Menendez,CMC City Clerk ©Thomas F.Pepe,2014. 03/24/14 Page I of 72 Schedule of Events No.Event Date* Time* (EST) 1 Advertisement/Distribution of RFP &Cone of silence begins 6/2/2014 4:00 PM 2 Non-Mandatory Pre-Proposal Conference City of South Miami,City Hall Chambers, 6130 Sunset Drive,South Miami,FL 33143 6/6/2014.M:00AM 3 Deadline to Submit Questions 6/11/2014 11:00 AM 4 Deadline to City Responses to Questions 6/12/2014 11:00 AM 5 Deadline to Submit Bid-Response 6/13/2014 11:00 AM 6 EvaluationofBid Responses 6/16/2014 10:00 AM 7 AgendaforCommissionApprovalof Contractors/Cone of Silence ends 6/17/2014 7:00 PM ©Thomas F.Pepe,2014 4/28/2014 END OF SECTION Page2 of 72 SCOPE OF SERVICES I.Scope of Work: TheProjectis generally described asconstructionofa landscaped median.Thescopeofworkforthis project includes milling and resurfacing,curbing,new signage,pavement marking and striping,tree planting,sodding,andirrigation. II.Site Location: The siteislocatedalong Sunset Drive between SW 57th Avenue and SW 58th Avenue. III.Plans and Specifications Sunset Drive Median Improvements,prepared by Palm Engineering,Inc.Dated May 7,2012. IV.Project Duration Thecurrentestimateto complete construction oftheprojectis30 days from issuance of Notice to Proceed. SPECIAL CONDITION:Dueto traffic congestion in theareaas well asthe businesses being affected bythe improvements tothe road,City staff recommends thatwork is tobe performed during the night hoursfrom II PM to5 AM ofthe following day.The night work shall continue until suchtimeintheconstructionprocessthatthecontractorandtheCityagreethatthework will not interfere with the flow of traffic or the businesses in the area.The contractor shall provide aquote considering the night workas well as reopening thestreets in the morning to allow normal traffic flows. V.Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed,including installation by an authorized dealer.Native trees planted by the awarded vendorforthisproject shall be warranted tobe healthy and growing fora period of one(I)yearfromthedateof planting. Note:A Proposal Bond is NOT required for this project. END OF SECTION Page3 of 72 ©ThomasF.Pepe,2014 4/28/2014 INSTRUCTIONS for RESPONDENT ITISTHE RESPONSIBILITY OFTHERESPONDENT TO THESOLICITATION TO ENSURE THATTHE RESPONSE TOTHE SOLICITATION (HEREINAFTER ALSO REFERRED TOASTHE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS)REACHES THE CITY CLERK ONOR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFPFORM. 1.Purpose of RFP.The City of South Miami is requesting proposals forthe lowest and most responsive price for Sunset Drive Downtown Median.The City reserves the right to award thecontracttothe Respondent whose proposal is found tobeinthebest interests ofthe City. 2.Qualification of Proposing Firm.Response submittals to this RFP will be considered from firms normally engaged in providing the services requested.The proposing firm must demonstrate adequate experience, organization,offices,equipment and personnel to ensure prompt and efficient service tothe City of South Miami.TheCity reserves the right,before recommending any award,to inspect the offices and organization or totake any other action necessary to determine ability to perform in accordance with the specifications, termsand conditions.The City of South Miami will determine whether the evidence of ability to perform is satisfactory andreservestherighttoreject all response submittals tothis RFP where evidence submitted,or investigation and evaluation,indicates inability ofafirmtoperform. 3.Deviations from Specifications.The awarded firm shall clearly indicate,as applicable,all areasin which the services proposed do not fully complywiththerequirementsofthis RFP.Thedecisionas to whether anitem fully complies withthestated requirements rests solely withtheCityof South Miami. 4.Designated Contact The awarded firm shall appoint a person toactasa primary contact with the City of South Miami.This personor back-up shall be readily available during normal work hours by phone,email,or in person,andshallbeknowledgeableof the terms ofthe contract 5.Precedence of Conditions.The proposing firm,by virtue of submitting a response,agrees that City's General Provisions,Termsand Conditions herein will takeprecedenceoveranytermsand conditions submitted with the response,either appearing separately asan attachment or included within the Proposal.In theeventofa conflict between documents the following orderof precedence shall apply,unless otherwise specified in the Contractor General Conditions tothe Contract,andthe conflicting document found above theother conflicting documentor documents inthelist shall take precedence overthe documents inthelist found below it a)Addenda to RFP b)Attachments/Exhibits to RFP c)RFP d)Attachments/Exhibits to Special or supplementary conditions toContract e)Special or supplementaryconditionsto Contract f)Attachment/Exhibits to Contract g)Contract h)General Conditions to Contract i)Proposal 6.Response Withdrawal.After Proposals are opened,corrections or modifications to Proposals arenot permitted,butthe proposing firm may be permitted to withdraw anerroneous Proposal priortothe confirmation oftheproposalawardbyCity Commission,ifthe following is established: a)The proposing firm actedingood faith in submitting the response; b)The error wasnottheresultofgross negligence or willful inattention onthepartofthe firm; c)Theerrorwas discovered and communicated tothe City within twenty-four (24)hours of opening theresponse submittals received,along with arequestfor permission to withdraw the response;or d)Thefirmsubmitsdocumentationandan explanation ofhowtheresponse submittal error was made. 7.The terms,provisions,conditions and definitions contained in the Solicitation cover letter shall apply tothese instructionstoRespondentsandtheyareherebyadoptedandmadeaparthereofbyreference. 8.Any questions concerning the Solicitation or any required need for clarification mustbe made in writing,by 11:00 A.M.,June 11,2014 priortothedateofthe RFP opening totheattentionof Steven P.Kulick at skunck@southmiamif1.gov or viafacsimile at (305)663-6346. Page4 of 72 ©Thomas F.Pepe,2014 4/28/2014 9.The issuance ofawritten addendum istheonly official methodwhereby interpretation and/or clarification of information can be given.Interpretations or clarifications,considered necessary bythe City in response to such questions,shall be issued bya written addendum tothe RFP Package (also known as "RFP Specifications" or "RFP")by U.S.mail orother delivery method convenient tothe City and the City will notify all prospective firmsvia the City's website. 10.Verbal interpretations or clarifications shall be without legal effectNo plea bya Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal onthe required dateandtimeas set forthinthepublicnotice. 11.Coneof Silence:Youarehereby advised thatthis Invitation to Propose is subject tothe"Coneof Silence,"in accordance with Miami-Dade County Ordinance Nos.98106 and 99-1.From thetimeof advertising until the City Manager issues his recommendation,there is a prohibition on verbal communication with the City's professional staff.Allwritten communication mustcomplywiththe requirements oftheConeof Silence.The Cone of Silence does not apply to verbal communications at pre-proposal conferences,verbal presentations before evaluation committees,contract discussions during any duly noticed public meeting,public presentations made totheCity Commission during any duly notice public meeting contract negotiations with thestaff following theCity Manager's written recommendation forthe award ofthe contract,or communications inwritingatanytimewithanyCityemployee,official ormemberoftheCity Commission unless specifically prohibited.Acopyof all written communications mustbe contemporaneously filed withthe City Manager andCity Clerk 12.Violation ofthese provisions by any particular Respondent or proposer shall render any recommendation for the award ofthe contract orthe contract awarded to said Respondent or proposer voidable,and,in such event,said Respondent or proposer shall notbe considered for any Solicitation for a proposal,for qualifications,foraletterof interest or bid concerning any contract for the provision of goods or services for a period ofone year.Contact shall only be made through regularly scheduled Commission meetings,or meetings scheduled through the Purchasing Division,which are for the purposes of obtaining additional or clarifying information. 13.Lobbying.All firms and their agents who intend to submit,orwho submitted,bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners,candidates for City Commissioner or any employee ofthe City of South Miami are tobe lobbied either individually or collectively concerning this RFP.Contact shall only be made through regularly scheduled Commission meetings,or meetings scheduled through the Purchasing Division,which are for the purposes of obtaining additional or clarifying information. 14.Reservation ofRightTheCity anticipates awarding one contract for services asa result ofthis RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project The City, however,reserves the right,in its sole discretion,todo any ofthe following: a)to reject any and all submitted Responses and to further define or limit the scope ofthe award. b)to waive minor irregularities in the responses or in the procedure required bythe RFP documents. c)to request additional information from firms as deemed necessary. d)to make an award without discussion or after limited negotiations.It is,therefore,important that all the parts oftheRequestfor Proposal be completed in all respects. e)to negotiate modifications tothe Proposal thatit deems acceptable. f)to terminate negotiations in theeventthe City deems progress towards a contract tobe insufficient and to proceed to negotiate with the Respondent who made thenext best Proposal.The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g)To modify the Contract Documents.The terms ofthe Contract Documents are general and not necessarily specific tothe Solicitation.It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent,by making a Proposal, agrees tosuch modifications andtobeboundbysuch modified documents. h)to cancel,in whole or part,any invitation for Proposals when it is in the best interest of the City. 15.Contingent Fees Prohibited.The proposing firm must warrant that it has not employed or retained a company or person,other than a bona fide employee,contractor or subcontractor,working in its employ,to solicit or secure a contract with the City,and that it has not paid or agreed to pay any person,company, corporation,individual or firm other than a bona fide employee,contractor or sub-consultant,working in its employ,any fee,commission,percentage,gift or other consideration contingent upon or resulting from the award or making ofacontractwiththeCity. Page5 of 72 ©ThomasF.Pepe,2014 4/28/2014 16.Public Entity Crimes.Apersonor affiliate ofthe Respondent who has been placed onthe convicted vendor list pursuant toChapter287 following a conviction fora public entity crime may not submit a Proposal ona contractto provide any goodsor services,ora contract for construction or repair ofa public building may not submit proposals on leases ofrealpropertytoor with the City of South Miami,may notbe awarded a contract toperformworkasaCONTRACTOR,Sub-contractor,supplier,Sub-consultant,or consultantunder acontractwiththeCityofSouth Miami,andmaynottransact business withtheCityofSouth Miami fora periodof36monthsfromthedateofbeingplacedontheconvictedvendorlist. 17.Respondents shall usethe Proposal Form(s)furnished bythe City.Failure todoso may cause the Proposal to be rejected.Failure to include anyofthe Proposal Forms may invalidate the Proposal.Respondent shall deliver to theCity,asa RFP Package,the following documents: a)The Invitation for Proposal and Instructions to Respondents. b)Acopyofallissuedaddenda. c)Four(4)copiesofthecompleted Proposal Form fully executed. d)Proposal Bond,(Bond orcashier's check)attachedtothe Proposal Form. e)Certificates of Competency as well as all applicable State,County and City Licenses held by Respondent f)CertificateofInsuranceand/orLetterof Insurability. g)Theentire RFP Package shall be placed ina sealed,opaque envelope and clearly marked withthe Respondent's nameand titled asfollows:"SEALED PROPOSAL,"Sunset Drive Downtown Median",RFP #PW-2014-04. 18.All erasuresandcorrectionsmust have the initials ofthe Respondent's authorized representative ininkatthe location ofeachandeveryerasureandcorrection.Proposals shall be signed using Blue ink;all quotations shall betypewrittenorprintedwith ink.All spaces shall be filled inwiththerequested information orthe phrase "not applicable". 19.Goods:Ifgoodsaretobeprovidedpursuanttothis RFP the following applies: a)Brand Names:Ifabrand name,make,manufacturer's trade name,orvendorcatalognumberis mentionedinthis Solicitation,whether or not followed bythewords"approvedequal",itisforthe purposeof establishing agrade or quality ofmaterial only.Respondentmayoffergoodsthatare equaltothegoodsdescribedinthis Solicitation withappropriate identification,samples and/or specifications forsuchitem(s).TheCity shall bethesolejudgeconcerningthemeritsofitems proposed asequals. b)Pricing:Pricesshouldbestatedinunitsofquantity specified intheProposalForm.Incaseofa discrepancy,theCity reserves the right to makethe final determinationat the lowestnetcosttothe City. c)Mistake:Intheeventthatunitpricesarepartofthe Proposal andifthereisa discrepancy between theunit price(s)andtheextended price(s),theunit price(s)shall prevail andtheextended price(s) shallbeadjusted to coincide.Respondentsareresponsibleforcheckingtheir calculations.Failure to dososhallbeattheRespondent's risk,and errors shall notreleasetheRespondentfromhis/heror itsresponsibilityas noted herein. d)Samples:Samples ofitems,when required,mustbe furnished bythe Respondent freeofchargeto the City.Each individual samplemustbelabeledwiththeRespondent'snameandmanufacturer's brandnameanddeliveredbyitwithinten (10)calendardaysoftheProposalopeningunlessschedule indicatesadifferenttime.Ifsamplesarerequestedsubsequent to the Proposalopening,theyshallbe deliveredwithinten (10)calendardaysofthe request TheCity shall notberesponsibleforthe return of samples. e)RespondentwarrantsbysignatureontheProposalFormthatpricesquotedhereareinconformity with the latest Federal Price Guidelines. f)GovernmentalRestrictions:In the eventanygovernmentalrestrictionsmaybeimposedwhichwould necessitate alterationof the material quality,workmanship,or performance of the itemsofferedon thisProposal prior to their delivery,it shall bethe responsibility ofthesuccessfulRespondentto notify the Cityatonce,indicatinginits letter thespecificregulationwhichrequiredanalteration. TheCityofSouth Miami reservestherighttoacceptanysuchalteration,including anyprice adjustmentsoccasionedthereby,or to cancelalloranyportionofthe Contract,atthesole discretionof the Cityandatno further expense to theCitywith thirty (30)daysadvancednotice. Page6of 72 ©ThomasF.Pepe,2014 4/28/2014 g)Respondentwarrantsthatthe prices,termsand conditions quotedinthe Proposal shall be firm fora periodof 180 calendar daysfromthedateofthe Proposal openingunlessotherwisestatedinthe Proposal Form.Incomplete,unresponsive,irresponsible,vague,or ambiguous responses tothe Invitations for Proposals shall be cause for rejection,as determined bythe City. h)Safety Standards:The Respondent warrants thatthe product(s)tobe supplied totheCity conform in all respectstothe standards set forth inthe Occupational Safety and Health Act (OSHA)and its amendments.Proposals mustbe accompanied bya Materials Data Safety Sheet (M.S.D.S)when applicable. 20.Liability,Licenses &Permits:The successful Respondent shall assume the full duty,obligation,and expense of obtaining all necessary licenses,permits,and inspections required bythis RFP and as required by law.The Respondent shall be liable forany damages or loss totheCity occasioned bythe negligence ofthe Respondent (orits agent or employees)orany person acting foror through the Respondent.Respondents shall furnish a certified copyof all licenses,Certificates of Competency orother licensing requirement necessary to practice their profession and applicable totheworktobe performed as required by Florida Statutes,the Florida Building Code,Miami-Dade CountyCodeorCityofSouth Miami Code.Thesedocuments shall be furnished totheCityaspartofthe Proposal.Failure tohaveobtainedthe required licenses and certifications orto furnish these documents shall be grounds for rejecting the Proposal and forfeiture ofthe Proposal Bond. 21.Insurance:Respondent shall meetthe Indemnification and Insurance Requirements setforthinthe General ConditionstotheContractwhichisattachedtothis RFP Package. a)Failure to fully and satisfactorily comply withthe City's insurance and bonding requirements set forth herein shall authorize theCityto implement a rescission ofthe Proposal Awardor rescission ofthe recommendation for award of contract without further City action.The Respondent,by submitting a Proposal,thereby agrees to hold theCity harmless and agrees to indemnify theCity and covenants notto sue the Cityby virtue of suchrescission. 22.Copyrights and/or Patent Rights:Respondent warrants that as tothe manufacturing,producing or selling of goods intended tobe shipped ororderedbythe Respondent pursuant tothis Proposal,there has not been, nor will there be,any infringement of copyrights or patent rights.The Respondent agrees to indemnify City from any and all liability,loss or expense occasioned by any such violation or infringement 23.Awardof Proposals:TheCityofSouth Miami reserves the right to award thecontracttothelowestmost responsive,responsible Respondent,as determined bytheCity Commission,subject tothe right ofthe City toreject any and all proposals,to waive any irregularity in the proposals or RFP procedure and subject also to the right ofthe City to award contract toa Respondent other than theone with the lowest price for the work.The Respondent to this RFP agrees thatby submitting a response ora proposal,that said Respondent agrees tothetermsoftheformcontractandtothetermsofthe general conditions tothecontractbothof which are part ofthis RFP package and agrees that Respondent's signature onthe response tothis RFP shall be treated asthe Respondent's signature onthe contract after the appropriate information,obtained from the proposal,isinsertedintoanyblankspacesinthecontractdocuments. 24.Evaluation of Proposals:The City,at its sole discretion,reserves the right to inspect the facilities of any or all Respondents to determine its capability tomeetthe requirements ofthe Contract In addition,the price, responsibility and responsiveness ofthe Respondent the financial position,experience,staffing,equipment materials,references,and pasthistoryof service totheCity and/or withother units of state,and/or local governmentsin Florida,orcomparableprivateentities,willbetakenintoconsiderationintheAwardofthe Contract 25.Drug Free Workplace:Failure to provide proofof compliance with Florida Statute Section 287.087,as amended,when requested shall be cause for rejection ofthe Proposal as determined bythe City. 26.Public Entity Crimes:A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response ona contract to provide any services toa public entity,may not submit RFP on leases of real property toa public entity,and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017,for a period of 36 monthsfromthedateofbeing placed ontheConvictedVendorsList 27.Contingent Fees Prohibited:The proposing firm must warrant thatit has not employed or retained a company or person,other than a bona fide employee,contractor or subcontractor,working in its employ,to solicit or secure a contract with the City,and that it has not paid or agreed to pay any person,company, corporation,individual or firm other than a bona fide employee,contractor or sub-consultant,working in its Page7 of 72 ©ThomasF.Pepe,2014 4/28/2014 employ,anyfee,commission,percentage,giftorother consideration contingent uponor resulting fromthe award or making of a contract with the City. 28.Hold Harmless:AllRespondents shall holdtheCity,its officials andemployees harmless andcovenantnotto suetheCity,its officials andemployeesinreferencetoits decisions toreject award,ornot award acontract as applicable,unlesstheclaimisbasedsolelyon allegations of fraud and/or collusion.The submission ofa proposal shall actasanagreementbytheRespondentthatthe proposal bond shall notbe released until and unless theRespondent waives anyand all claims thatthe Respondent may have against theCitythat arise out ofthis RFP processoruntilajudgmentisenteredinthe Respondent's favor inanysuit filed whichconcerns this proposal process.In anysuchsuitthe prevailing party shall recoveritsattorney's fees,courtcostsaswell asexpensesassociatedwiththe litigation.In theeventthat fees,courtcostsandexpenses associated withthe litigation are awarded tothe City,the Proposal Bond shall be applied tothe payment ofthosecosts and any balance shall bepaidbytheRespondent. 29.Cancellation:Failure onthepartofthe Respondent to comply withthe conditions,specifications, requirements,and terms as determined bytheCity,shallbejustcausefor cancellation of theAwardor termination of the contract. 30.Bonding Requirements:TheRespondentin submitting this Proposal,shall include a Proposal Bond inthe amountof5%ofthetotalamountofthebase Proposal onthe Proposal Bond Form included herein.A companyorpersonalcheck shall notbedeemeda valid Proposal Security. 31.Performance and Payment Bond:TheCityofSouth Miami may require the successful Respondentto furnish a Performance Bondand Payment Bond,each,intheamountof 100%ofthetotal Proposal Price,including Alternatesifany,naming theCityofSouth Miami asthe obligee,assecurityforthe faithful performance ofthe Contractandforthepaymentof all personsorentities performing labor,services and/or furnishing materials inconnectionherewith.Thebonds shall bewithasuretycompanyauthorizedtodobusinessintheStateof Florida. 32.Forfeiture of Bid Security/Performance and Payment Bond,ifanyare required: 32.1 Withinten (10)calendar daysofbeingnotifiedoftheAward,Respondent shall furnish a Performance BondandaPaymentBond containing all the provisions ofthe Performance BondandPaymentBond attached. 32.1.1 Each Bond shall beintheamountofonehundredpercent (100%)oftheContract Price guaranteeing to CITYthecompletionandperformanceofthe Work coveredinsuchContractas wellas full paymentof all suppliers,material man,laborers,orSubcontractoremployedpursuant to this Project Each Bond shall bewithaSuretycompanywhose qualifications meet the requirements of Sections 32.1.4,32.1.5,and 32.1.6. 32.1.2 Each Bond shall continueineffectfor five yearafter final completionand acceptance ofthe Work with the liability equal to one hundredpercent (100%)of the Contract Sum. 32.1.3 Pursuant totherequirementsofSection 255.05(1),Florida Statutes,Respondent shall ensurethat the Bond(s)referencedabove shall berecordedinthe public recordsof Miami-Dade Countyand provide CITY with evidence of suchrecording. 32.1.4 Each Bond must be executed byasuretycompanyauthorizedtodobusinessin the Stateof Florida asasurety,havingaresidentagentintheState of Florida and having beeninbusinesswith a record of successfulcontinuousoperationforaleastfive(5)years. 32.1.5 Thesuretycompany shall holdacurrent certificate ofauthorityas acceptable suretyon federal bondsinaccordancewiththeUnitedStatesDepartmentofTreasuryCircular570,current revisions. 32.1.6 The CITYshallonlyberequired to acceptasuretybondfromacompanywitharatingA.VIIor better. 32.1.7 Failure of thesuccessfulBidder/Respondentto execute anddeliver the Contract,anddeliverthe required bonds andInsurance documents shallbecausefor the CITY to annul the Notice of Award anddeclare the Bidandany security therefore forfeited. 33.Proposal Guarantee:ThesuccessfulRespondent shall execute theContract(Agreement)andprovidethe applicable insurance documents,andaPerformanceandPaymentBond,ifrequired,withinten (10)calendar days of Notice of Awardby the City.TheRespondentwhohastheContractawarded to himandwho fails to execute the Contract and/orfurnish the requiredBondsand Insurance documents within the specifiedtime shall,at the City'ssoleandabsolutediscretion,forfeitthe Proposal Bond/Securitythataccompaniedthe Page8 of 72 ©ThomasF.Pepe,2014 4/28/2014 Proposal,and the Proposal Bond/Security shall be paid totheCity and retained as liquidated damages bythe City,anditisagreedthatthissum,ifthebondisrequiredandprovided,isa fair estimateoftheamountof damages the Citywillsustainincasethe Respondent fails to enter intothe Contract or furnish theBondsand insurancedocuments.Proposal Bond/Securitydepositedintheformofacashier'scheckdrawnona local bankingood standing shall besubjecttothesame requirements asa Proposal Bond.TheCity may,initssole and absolute discretion,suefor breach of contract ifthe successful Respondent fails to provide the required insuranceandbonding. 34.Pre-proposal Conference Site Visits:Itis mandatory that all Respondents attend a pre-proposal conference if required orrequestedbytheCity,and tour all areas referenced inthe Proposal Documents.It shall be grounds for rejecting a Proposal fromaRespondentwho did notattendthe pre-proposal conference.No pleas of ignorance bytheRespondentof conditions that exist orthatmay hereinafter exist asaresultof failure tomakethe necessary examinations or investigations,or failure tocompleteanypartofthe RFP Package,will be accepted as basis for varying the requirements oftheContractwiththeCityof South Miami or the compensation of the Respondent. 35.Time of Completion:Thetimeisofthe essence with regard tothe completion oftheWorktobe performed undertheContracttobe awarded.Delays and extensions oftimemaybe allowed onlyin accordance with the provisions statedinthe appropriate section ofthe Contract Documents,including the Proposal Form. 36.Submittal Requirements:All Proposals shall complywiththe requirements setforth herein. 37.Cancellation of Bid Solicitation:TheCityof South Miami reserves the right to cancel,in whole or part,any invitation to bidwhenitisin the best interestoftheCity. 38.Respondent shall not discriminate with regard toits hiring of employees or subcontractors or in its purchase of materials or in any wayinthe performance ofitscontractifoneis awarded,based on race,color,religion, national origin,sex,age,sexualorientation,disability,or familial status. 39.All respondents,atthetimeofbid opening,must have fulfilled all prior obligations and commitments tothe City in order to have their bid considered,including all financial obligations.Prior tothe acceptance of any bid proposal or quotation,the City's Finance Department shall certify thatthere are no outstanding fines,monies, fees,taxes,liens orother charges owed tothe City bythe Respondent,any ofthe Respondent's principal, partners,members or stockholders (collectively referred to as "Respondent Debtors").A bid,proposal or quotation will notbe accepted until all outstanding debts of all Respondent Debtors owed tothe city are paid in full.No bidder whoisin default ofany prior contract withtheCity may have their bid considered until the defaultiscuredtothe satisfaction oftheCity Manager. END OF SECTION Page9 of 72 ©ThomasF.Pepe,2014 4/28/2014 Proposal Submittal Checklist Form Thischecklistindicates the formsand documents required tobesubmittedforthissolicitationand to be presented by the deadline set forwithinthesolicitation.Fulfillment ofallsolicitation requirements listedis mandatory for consideration of response to thesolicitation.Additional documents maybe required and,ifso,theywillbe identifiedinan addendum tothis RFP.The response shallinclude the followingitems: Bid Form Proposal Bid Bond N/A Performance Bond Power of Attorney BIDDER Qualification Statement Non-Collusion Affidavit ^^^^^^^^ Public Entity Crimes and Conflicts of Interest _____ Drug Free Workplace _____ Acknowledgement of Conformance with OSHA Standards ______ List of Proposed Subcontractors and Principal Suppliers _____ Related Party Transaction Verification Form ______ Indemnification and Insurance Documents Note:A Proposal Bid Bond is NOT required for the project. Submit this checklist alongwithyour proposal indicating the completion and submission ofeachrequiredforms and/or documents. END OF SECTION Page 10 of72 ©Thomas F.Pepe,2014 4/28/2014 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami,FL 33143 1.If this Proposal Is acceptedthe undersigned Respondent agrees thatby signing this Bid Form,the Respondent isagreeingtoeachandevery term,provisionandconditioncontainedintheformofthe Contractthatis included inthis RFP Package ("the RFP Contract"),andtoperformand furnish all workas specifiedorindicatedinthis RFP fortheProposed Price,withintheContractTimeandin accordance withtheothertermsand conditions ofthe RFP Package and the RFP Contract.The Respondent agrees thatifthecontractis awarded tothe Respondent,the signature ofthe Respondent,orthe signature ofits authorized representative,onthis Bid Form shall bethesameasa signature onthe RFP Contract. 2.Respondent accepts all oftheterms and conditions ofthe Advertisement,RFP,Invitation for Proposals and Instructions to Respondents,including without limitation those dealing withthe disposition of Proposal Bond/Security.This Proposal will remain subjectto acceptance for 180 calendar days afterthe dayof the Proposal Opening.RespondentagreestosignandsubmittheContractwiththeBonds, Insurance Policy with appropriate endorsements,Insurance Certificate and other documents required by the RFP withinten (10)calendardaysafterthedateoftheCity'sNoticeofAward. 3.InsubmittingthisProposal,Respondent representsthat: a.Respondenthas examined copies of all the RFP Documents and ofthe following Addenda,ifany (receipt of all whichishereby acknowledged.) Addendum No.£~Dated: Addendum No.""^Dated: Addendum No.^"""~Dated Addendum No.~"~~Dated: Addendum No.*^~Dated: Addendum No.—-*"Dated: Respondent hasfamiliarized himself with the nature and extent of the Contract Documents,the proposed work,site/locality,and all local conditionsandlawsand regulations thatinanymanner mayaffect cost,progress,performanceor furnishing ofthe Work. Subsurface conditions:If applicable tothis RFP,theRespondentrepresents that: i.Respondenthasstudied carefully all reportsand drawings,if applicable,of subsurface conditionsand drawings of physical conditions, ii.Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations,testsandstudiesin addition toortosupplementthose referred toin(c)above which pertain tothe subsurface or physical conditions atthesiteor otherwise may affect thecost,progress,performance, or the furnishing of the Work atthe Contract Price,within the Contract Timeandin accordance with the other terms and conditions of the Contract Documents.The Respondenthereby acknowledges thatno additional examinations,investigations, explorations,tests,reportsor similar information or data are,or will,be required by Respondentforany reason in connection withthe Proposal.The failure oftheRespondent O Thomas F.Pfcpe,2014 4/28/2014 Cfa»*2lf&0t4 Page 11 of 72 Ill, to request a pre-bid marking ofthe construction site by any or all utility companies shall create an irrefutable presumption thatthe Respondent's bid,or proposal price,has taken into consideration all possible underground conditions and Respondent,if awarded the contract,shall notbe entitled toa change orderfor any such condition discovered thereafter. Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reports andstudieswiththetermsandconditionsofthe Contract Documents, iv.Respondenthasreviewedandchecked all information anddatashownor indicated inthe RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguoustothesiteand assumes responsibility fortheaccuratelocationof ail Underground Facilities.No additional examinations,investigations,explorations,tests, reportsor similar information ordata in respectto any Underground Facilities are,or will be,required by Respondent inorderto perform and furnish theWorkattheContract Price,unless the respondent makes awrittenrequesttothe City for additional information priorto submitting thebidor proposal asrequiredin subsection ii above,within the ContractTimeandin accordance withthe other termsand conditions oftheContract Documents. d.Respondent has given the City written notice of all conflicts,errors or discrepancies thatit has discovered in the Contract Documents and,if any conflicts,errorsor discrepancies have been found and notice given,the Respondent represents,by submitting its proposal tothe City,that the Respondent has received sufficient notice ofthe resolution thereof from the City,that such resolution is acceptable to Respondent and that the Respondent waives any daim regarding the conflicts,errors or discrepancies. e.This Proposal is genuine and not made in the interest oforon behalf of any undisclosed person, firm or corporation and isnot submitted pursuant to any agreement or rules of any group, association,organization,or corporation;Respondent hasnot 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.RespondentunderstandsandagreesthattheContractPriceistheamountthatitneedsto furnish and install all oftheWork complete and in place.The Schedule of Values,if required,is provided forthe 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 notbe adjusted in any way soasto result ina deviation from the Schedule of Values,except tothe extent thatthe CITY changes the scope ofme Work after the Contract Date.As such,the Respondent shall furnish all labor,materials,equipment, tools,superintendence and services necessary to provide a complete,in place Project forthe Proposal Price oft LUMP SUM BASE PRICE £/?Affi/&**/€**>'WU&Os+€*&&gJ*tf -fU^c cfi<*tUr$—+ dollars and ?£*€•**-£>cents $?9}££3# Alternates:#1 #5 ii^j^ji ©Thomas F.Pepe,2014 4/28/2014 #2 -^#6 #3 #7 #4 #8 ao Page 12 of 72 Afeebreakdown,if applicable,foreachtaskmustbecompletedinthetableshownabove.Failureto complete thisinformationshall render theproposal non-responsive. 5.The ENTIRE WORK shallbe completed,in full,within 30 working days from the date stipulated inthe NOTICE TO PROCEED.Failureto complete the entire work during the described time period shall result in the assessment of liquidateddamagesas set forthin the Contract. Communications concerning thisProposalshallbe addressed to: RESPONDENT:M<#3cf<t LC ^^>/M&-t-^-*U^M ^*r*^f concerning tnis i Address: Telephone: Facsimile: Attention:H J£S-<FL r*3!6S^ G The terms usedinthisProposalwhicharedefinedinthe Contraa shallhavethesamemeaningasis assigned to them in the Contract Documents,unless specifically definedinthisRFPPackage. SUBMITTED THIS 2l DAY OF 20/^. PROPOSAL SUBMITTED BY: U,£ke. 6>(HfV(<IT/ to Submit Telephone Number 1-3,6-4*1,- Fax Number Tide ftotJLJh Email Address ,C^TXm^ ENDOFSECTON O Thomas F.Pfepe,2014 4/28/2014 Page 13 of72 PROPOSAL BOND (Note:Not Required for this project.) ) ) ) Mir STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALLMENBYTHESE PRESENTS,that we,. ,as Principal,and _,asSurety,areheldandfirmlybound unto the City of South Miami ("City") municipal corporation of the State of Florida inthesumof_ Dollars ($),lawful moneyoftheUnitedStates,forthepaymentofwhichsum < trulytobemade,webindourselves,ourheirs,executors,administrators andsuccessorsjointlyand s firmlyby these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS,the Principal hassubmittedthe accompanying Proposal dated the pursuant to an RFP and a cgpd1?Fon precedent tothe submissionofsaid Proposal isthata Proposal Bondintheamountoffive percepe^5%)ofthe Base Proposal be submitted with said Proposal asa guarantee thatthe Respondent would fuljJH'xne obligations set forth inthe RFP and proposal documents; NOW THEREFORE, A.If the principal shall not withdraw saidproposalwithin orle hundredeighty (180)calendardaysafterthe date for opening ofthe same,and shall,within ten (10)calendar/days after the prescribed forms are presented toit forsignature,enter intoa written contract withtheCityin/accordancewiththeproposalasaccepted,andgive bondswithgoodandsufficient surety orsureties,asmayberequired,for the faithful performanceandproper fulfillment of such contract,andprovide proof of insurance asrequired,then the aboveobligations shall bevoid and of no effect,otherwise to remain infullforce andyOTect. B.However,intheeventofthe principalVunauthorized withdrawal of said proposal withinonehundred eighty (180)calendardaysafter the date of the/opening of the sameor the failure to enter intoa written contract with the Owner inaccordancewith the proposal asaccepted,and/or the failure to provide the Citywithbonds issuedfromgoodandsufficient surety or ^sureties,asmayberequired,forthe faithful performanceandproper fulfillment of such Contract and proof oy insurancewithinten (10)calendardaysaftertheprescribedformsare presented to itforsignatureand/orin the event that the principal is not awarded the project but fails to waive all claimsthataroseormighthaveariseprout of the RFP process,thentheabove obligations shall remainin full force andeffectand the bond shall thereafter be disburse,bycourtorder,to the Owner inthe full amount of thebondif the Proposal Documents provides forliquidateddamagesunder the circumstance of the caseor,ifliquidated damagesare not applicable,then inan amount thatisadequate to fully compensate the Owner forall of its damages incurred due to the/oreach of the terms of thisBond,includingall attorney fees,court costs and legal expense incurred by the Ctty foranyand all actiontaken,whether before orafter the commencement of legal proceedings,including,proceedingsrequired to obtain the court order of disbursement,including the cost of all appeals orother related proceedings,as well as the fees and costs incurred to collect these damages. and ,for IN WITNES several seals this each corporate pi IWHEREOF,the abovebondedpartieshave executed this instrument under their day of ,20 ,the nameand the corporate seal of ©Thomas F.Pepe,2014 4/28/2014 being hereto affixedand these presentsbeingdulysignedbyitsundersignedrepresentative. Page 14 of 72 SECOND PAGEOFA TWO (2)PAGEPROPOSAL BOND IN PRESENCE OF: (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Telephone) (Seal) ATTEST:fvJ/rV (Corporate Surety)* *lmpress Corporat^Surety Seal IMPORTANT Suretycompaniesexecutingbondsmustappearonthe Treasury Department's most current list /(circular 570as amended)andbe authorized to transact businessin the Stateof Florida. FAILURE OMPLETE.SIGN.&RETURN THIS FORM MAY DISQUALIFY YOU 4/28/2014 ;F.Pepe,2014 Page 15 of 72 Thisisthe front page of the performance/payment bondissuedincompliancewithFlorida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Berkley Insurance Company 7380 Sand Lake Road,Suite 500 Orlando,FL 32819 (407)992-2398 0178592 Maggolc,Inc. 11020 SW 55 Street Miami,FL,33165 (786)291-2949 City of South Miami 1116130 Sunset Drive South Miami,FL 33143 (305)663-6338 Proj ect Number:N/A Project Description: Project Address: Sunset Dr.Downtown Median From SW 57 Court to SW 58 Ave. City of South Miami,Miami Dade County,FL Legal Description of Property:Sunset Dr.Downtown Median From SW57 Court toSW 58 Ave. This is foe front page of thebond.Allother pages are subsequent regardless of the pre-printed numbers. Bond No.0178592 FORM OF PERFORMANCE BOND KNOW ALL MENBY THESE PRESENTS: That,pursuant tothe requirements of Florida Statute 255 05we Mannnlr Inr l \•...11020 swss street "J,VJ'wc'iviaggoic,inc.#whose business address is Miami r mim and whose telephone number is (786)291-2949 as Principal (hereinafter referred to <«n "Contractor")andBerkleyInsuranceCompany,whose busjness address is^g™^^and whose telephone "^tgrjs^^)992-2398 as Surety,are bound to the City of South Miami whose business address is 3ouaaAiaa?ir£i^^and whose telephone number is (305)663-6338 .and Miami-Dade County whose business address is 111 NW 1st St.,Miami,FL 33128 and whose telephone number is (305)375-5151 as Obligee,(hereinafter referred toas "City")in the amount ofEightySevenJThbusand'Six Hundred Sixty Three and XX/100 y;° Dollars ($87.663.00 ^)for the payment whereof Contractor and Surety bind themselves,their heirs, executors,administrators,successors and assigns,joindy and severally. WHEREAS,Contractor has entered into a Contract,for theSunset Drive Downtown Median, awarded on the .day of ,20 ,under Contract Number by the City for the construction of sunset Dr.Downtown Median From sw 57 court to sw 58 Ave-forfef description of the Work)in accordance with drawings (plans)and specifications prepared by PaJm Engineering.Inc.whirh Contract is hereby made a part hereofby reference,and is hereafter referred to as the "Contraa"; THE CONDITION OFTHIS BOND is that the Contractor 1.Fully performs the Contract between the Contractor and the City for the 5untcJ~T)C\ML.Y^oAla.\a within "^«^for^days after the date of Contract commencement as specified in the Notice to Proceed anjd inthemanner prescribed inthe Contract;and 2.Indemnifies and pays City all losses,damages (specifically including,but not limited to,damages for defay and other foreseeable consequential damages),expenses,costs and attorney's fees,including attorney's fees incurred in appellate proceedings,mediation and arbitration,ifany,that City sustains because of default byContractor under the Contraa or caused byor arising outof any action or proceeding to jenforce the Contraa or this Bond;and 3.Upon notification by the City,correa any and all patendy defective or faulty Work or materials that appear within one (I)year after the issuance ofthe Certificate of Occupancy,and correa any and all latent defects that are discovered before the expiration ofthe third (3rd)year following the date of the issuance ofthe Certificate of Occupancy;and 4.Performs the guarantee ofall Work and materials furnished under the Contraa for the time specified in the Contract. Ifail ofthe forgoing conditions are met.then this Bond is void,otherwise it shall remain in full force and effect. Wheneyer Contractor shall be,and declared by the City to be.in default for failing to perform in stria accordance with any ofthe £erms ofthe Contract,the Surety shall prompdy remedy the default as well as perform in the following manner Complete the Conjtraa in accordance with the Contraa's terms and conditions provided the City makes available,as Work progresses,that portion ofthe Contraa Price that has not already been paid to,or on behalf of, the Contraaor.The City shall notbe required to pay any more than the amount ofthe Contraa Price.The surety shall not |>e obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first [paragraph ofthis bond,[f the Surety fails to commence the Work within thirty (30)days of receipt ofthe Qt/s declaration ofa default or if the Surety fails to man the job with sufficient forces,or suspends the Work,for more than thirty (30)days,either consecutive or in combination with separate occasions,the City shall have the option,in the-Cit/s sole discretion,and without waiving its right to any other remedy or damages provided for by this bond,to complete the Work with other forces and the Surety shall pay for the cost to complete theWork.The tepm "balance of the Contraa Price"as used in this paragraph,shall mean the total amount payable by City to Contraaor under the Contraa and any amendments thereto,less the amount properly paidbytheCitytothe Contraaor. ^Page 16 of72©ThomasF.Pepe,2014 4/28/2014 No right ofaction shall accrue on this Bond to or for the use ofany person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contraa Documents and compliance or noncompliance with any formalities conneaed with the Contraa shall not affect the Surety's obligation under thisBond. IN WITNESS WHEREOF,the above bonded parties have executed this instrument under their several seals on this __±.HU day of \K>fu>20/£,the name and the corporate seal of each esenicorporatepartybeingheretoaffixedandthesepresents being duly signed by its undersigned representative IN PRESENCE OF: N/A (Individual,President,Managing Member or General Partner,etc.) (Business Address) elephone) ggolc,Inc. Corporate Name)%^~ resident) 11020 SW 55 Street Miami,FL 33165 (City/State/Zip) (786)291-2949 (Business Telephone) Berkley lnst(ira]jice$oifflpar L*J/l\ NCE COMPANY: (SEAL) STATEOF FLORfDA COUNTY OF MIAMI-DADE fflcmael A.Bonet,7\ttomey-ln-Fact 7380 Sana Lake Road.Ste.500 (BusinessAddress) OriandcyFL 32819 (City/State/Zip (407)992-2394 (Business Telephone) On this,the 3 /day of O^Ay Florida,tjjeforegbing perforniance bond was i _(Stateof Incorporate WITNESSmyhandand official seal. NOTARY PUBLIC: SEAL OF OFFICE: Personallyknowntome,or ©ThomasF.Pepe,2014 4/28/2014 Notary Public,State of Florida (Name of NotaiVPublic:Print,Sc orTypeascommissioned.) /.rersonaiiy Known to me,or _Z_Personal identification:FHJDUfcGifilM -340 -Ml *TPi g>-2. Type of Identification Produced Did take an oath,or \/Did Not take an oath. (Agent <1>MICHELLE M.EGUES; «»MY COMMISSION I EE2065t5! EXPIRES:too 10.2016 Page 17 of 72 Bond No.0178592 FORM OF PAYMENT BOND KNOW ALLMENBYTHESEPRESENTS: That,pursuant tothe requirements of Florida Statute 255.01,etsea,Florida Statutes weMaaaOCnCLl•_ij .11020 SW 55Street *"^u«»»wc,yy '.whose business zddress is Miami,fl 33155 and whose telephone number is (786)291-2949 .as Principal,(hereinafter referred to as "Contraaor")and Berkley Insurance Company whn^hu<in»«aHrir*«k7380 Sand Lake Roa,r a u i «/^—J ^^•.h /:,wnose business address iss,litflfinn,nrtllndo.FL 32819 and whose telephone niVifeu^iui107)"f2f8 •»Surety,are bound to^the Gtvof South Miami,whose business address is smith Mhmj,n ^mi and whose telephone number is (quo)00J-ojoo as Obligee,(hereinafter referred to as "City*')in the amount Of Eighty Seven Thousand Six Hundred Sixty Three and XX/iq^Q|[ars /$87,663.00 )for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointlyand severally. WHEREAS,Contraaor has,by written agreement,entered into a Contract fortheSunsetDrive Downtown Median,awarded on the day of ,20 ,under Contract Number '.for the Construction pfSunset Dr.Downtown Median From SW 57 Court to SW 58 Ave.(Drjef description of the Work)by the City in accordance with drawings (plans)and specifications prepared by Palm Engineering,Inc. which Contraa is hereby made a part hereof by reference and is hereafter referred to as the "Contraa"' THECONDITIONOFTHISBOND \s thatifthe Contraaor: 1.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 Contraaor intheprosecutionofthework provided forinthe Contract;and 3.Pays City all losses,damages,expenses,costs,and attorney's feest including those incurred in any appelate,mediation or arbitration proceedings,if any,that Owner sustains because ofa defaultby Contraaor under the Contract;and 4.Performs the guarantee of all work and materials furnished under thecontraaforthe 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 conneaed with the Contraa shall not affect the Surety's obligation underthis Bond. IN WITNESS WHEREOF,the above bonded parties have executed this instrument under their several seals on this ZJl day of ZT^lf ,20/^,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 OR N/A (Individual,President.Managing Member or General Partner,etc) (Business Address) (Business/Telephone) Mag jol 2^1 dent) 5 Street 'AftunTtf (wu XcJ£y ^-ru ..Page 18 of72OThomasF.Pepe,2014 4/28/2014 SECOND PAGEOFA TWO PAGE PAYMENT BOND WHEREBY Maggolc,Inc.,s THE prinqpal and Berkley Insurance Company |STHE surety STATE OF FLORIDA COUNTY OF MIAMI-DADE Miami,FL 33165 (Cicy/State/Zip) (786)291-2949 (Business Telephone) Berkley Insufaqce pornpanyINS1/ BY: Michael A.Bohat(Agent'andftttornef-in-fact Signature)7380VSand Lake Road,Ste.500' OrlanJgTO^^ (Business Telephone) sICE COMPANY: (JL^/(SEAL) On this,die O /day of yA~>tyFloridajtteforegoingDayment^ond was acknowledged by^20 i epre me,theiindersigned notary public ofthe State of fartO Mr ^HJ^Cf/<^Corporate Officer), *y*r(e~Zlkf T(Name of Corporation),a n,onbehalfofthecorporation. (Title),of^j ration)corpc.(Stateof lm WITNESS myhandand official seal, O NotanNotary Public,State of Florida NOTARY PUBLIC SEAL OF OFFICE /Personally knowntome,or \/Personal identification: Type of IdentificationProduced y Did take an oath,or y Did Not takeanoath.. ♦Power ofAttorneymustbe attached. CThomasF.Pepe,2014 4/28/2014 MvMl/M.fett*a (Nameof Notary Public:Print; orTypeascommissioned.) END OF SECTION *****MICHELLE M.EGUES!,W&MY COMMISSION #EE20658S; EXPIRES:Jobs 10,2016 Page 19 of 72 <L> p .5 j3 -D No.10071 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE:ThewarningfoundelsewhereinthisPower of Attorneyaffectsthevaliditythereof.Please reviewcarefully. KNOW ALL MEN BY THESE PRESENTS,that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"),a corporation dulyorganizedandexistingunderthelaws of theState of Delaware,havingits principal officein Urbandale,Iowa, 3 has made,constituted and appointed,anddoesbythese presents make,constitute and appoint:Roy V.Fabry or Michael A.Bonet "S ofKahn-Carlin &Co.,Inc.ofMiami,FL itstrueandlawfulAttorney-in-Fact,tosignitsnameassuretyonlyasdelineatedbelow ^and to execute,seal,acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty 1 Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars (U.S.$50,000,000.00),to the -^j£same extent as if such bonds had been duly executed and acknowledged bythe regularly elected officers ofthe Company at its principal office intheir own properpersons. §c This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, •o jg without giving effecttothe principles of conflicts of laws thereof.This Power of Attorney is granted pursuant tothe following >%resolutions which weredulyand validly adoptedata meeting of theBoard of Directors of the Company heldon August 21,2000: g 1u "RESOLVED,that the proper officers ofthe Company are hereby authorized to execute powers of attorney authorizing and o fe qualifyingthe attorney-in-fact namedthereintoexecutebonds,undertakings,recognizances,orothersuretyshipobligations «g on behalf of the Company,andtoaffixthecorporateseal of theCompanytopowers of attorneyexecutedpursuant hereto; °g andfurther |^RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, g^-2or other suretyship obligations specifically named therein,and theyhaveno authority tobindthe Company exceptinthe .22 gmannerandtothe extent thereinstated;andfurther H <J3 RESOLVED,that such power of attorney revokes all previous powers issued on behalf ofthe attorney-in-fact named;and •ri g further <D o ao 3 „ o a •§.§IN WITNESS WHEREOF,the Company has caused these presents tobe signed and attested by its appropriate officers and its •J "g corporate seal hereunto affixed thiszA-day of iJflu/,2013. *o 8 Attest:/H ^^^Berkley Regional Insurance Company °3 RESOLVED,that the signature of anyauthorized officer andtheseal of the Company maybe affixed byfacsimiletoany power of attorneyor certification thereof authorizingthe execution and delivery of anybond,undertaking,recognizance,or ix .S othersuretyshipobligation of theCompany;andsuchsignatureandsealwhensousedshallhavethesameforceand effect as 2 &though manually affixed.The Company maycontinuetouseforthepurposeshereinstatedthefacsimilesignature of any g ^person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have §.g ceasedtobesuchatthe time whensuchinstrumentsshallbeissued." |£(Seal)By /fV By/"" IraS.-fjsderman \J4f$l&$4 Hafter ||WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"SECURITY PAPER. Senior Vice President &Secretary §inior Vice President o .§g STATE OF CONNECTICUT ) &2 .)ss: 2J g COUNTY OF FAIRFIELD ) .n §Sworn to before me,aNotary Public in the State of Connecticut,this^Z.day of u()(U ,2013 Jby Jeffrey M.Hafter and j2 <u Ira S.Lederman who are sworn tometobe the Senior Vice President,and the Septor Vic/e President and Secretary,respectively,of ||Berkley Regional Insurance Company.J^/Za.J,%/bU ^^^ST £>g NotaryPublic,State of Corttecticut CONNECTICUT3c'IMyCOMMfSSfON EXPIRES OCTQBgRfll 9ni7 I o CERTIFICATE -^— O "§I,the undersigned,Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY,DO HEREBY CERTIFY that the 5 -g foregoing isa true,correct and complete copyofthe original Power of Attorney;that said Power of Attorney has not been revoked #3 orrescindedandthattheauthority of the Attorney-in-Fact setforththerein,whoexecutedthebondorundertakingtowhichthis ^J Power ofAttorney is attached,is in full force and effect as ofthis date. Givenunder my handandseal oftheCompany,thisday of (Seal) Andre^ RESPONDENT QUALIFICATION STATEMENT Theresponse to thisquestionnaire shall beutilizedaspartoftheCITY'Soverall Proposal Evaluation and CONTRACTOR selection. I.Number of similar construction projects completed, a)In the past 5 years y^C^ In the past5years On Schedule b)In the past 10 years gf In the past 10 years On Schedule 2.List the last three (3)completed similar projects, a)Project Name: Owner Name: Owner Address: QZu^jUj^JL d£?#^o UJ). Owner Telephone: Original ContractCompletionTime (Days): Original Contract CompletionDate: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b)ProjectName: ©Thomas F.Pepe.2014 4/28/2014 Page 20 of 72 ©Thomas F.Pepe,2014 4/28/2014 Owner Name: Owner Address: Owner Telephone: Original ContractCompletionTime (Days): Original Contract CompletionDate: Actual Final Contract Completion Date: Original Contraa Price: Actual Rnal Contraa Price Projea Name: Owner Name: Owner Address: Owner Telephone: Original Contraa CompletionTime (Days): Original Contraa Completion Date: ActualRnal Contraa Completion Date: Page 21 of72 ENGINEERING CONTRACTOR -LiC:E-251302 11020 SW 55 ST.,MIAMI,FL 33165 PHONE:786-291-2949 FAX:786-472-8831 majjfflQlqfljyaftoo.corn COMPLETED SIMILAR PROJECTS PERFORMED BY MAGGOLC INC. 1-Countywide Intersections Improvement,Roadwayand Drainage.($443,637)(Miami-Dade County Public WorksDept,CompletedDec.2008).(Joaquin Rabassa 305-299 9822)(jra@miamidade.gov) 2-Blue Road Roundabouts Re-Bid ($145,000)(Public Works Dep.City of Coral Gables,Completed March 2010) (305-460 5018)(epino@coralgables.com) 3-lnstallation of Sidewalks and Ramps along NE12 Ave ($123,780.00)(Public WorksDep.Cityof North Miami, Completed December2010)(Gerardo Hernandez 305-893 6511)(ghemandez@northmiamifl.gov) 4-Long Key State Park Campground Entrance Modification($49,450)(Florida Departmentof Environmental Protection,CompletedJuly2012)(FredHand 850-488 6322)(Fred.Hand@dep.state.fI.us) 5-SR 94/SW 88 ST/Kendall Dr.at SW 142 Ave ($134,843)(Florida DepartmentofTransportation,Completed October 2012)(Roland Rodriguez 305-345 0696)(rrodriguez@pinnaclecei.com) 6-lntersections Improvements ($246,000)(Public WorksDep.Cityof Coral Gables,CompletedJune2013) (305-460 5018)(epino@coralgables.com) />-* Original Contract Price: Actual Final Contract Price: 3.Current workload (s*&<aW dB^A^U^P) ^ 4.The following information shall beattachedtothe proposal. a)RESPONDENTS home officeorganization chart b)RESPONDENTSproposedproject organizational chart c)Resumesofproposedkeyproject personnel,including on-site Superintendent 5.Listand describe any: a)Bankruptcy petitions filed by oragainst the Respondent or any predecessor organizations,ft*/A b)Any arbitration or civil or criminal proceedings,or jj /&>* Suspension ofcontractsor debarring from Bidding or Responding byany public agency brought c)against the Respondent in the last five (5)years /Q/A I.Government References:Government References:j\ Page22 of 72 ©ThomasF.Pepe,2014 4/28/2014 3- ENGINEERING CONTRACTOR -LIC:E-261302 11020 SW 55ST.,MIAMI,FL33165 PHONE:786-291-2949FAX:786-472-8831 maaqolc&vahoo^ofli PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor) FDOT-Asphalt Minor Repair-County wide (Owner FDOT-District 6 -$250 000) (Executed 46 %)(Completion September 2014)(954-445-9093 -John Garcia) NW 11 Street Improvements-(Owner City of Miami $185,456)(Executed 75%) (Completion August 2014)(786-447-9817-Valentine Onuigbo) Multiple Parks ADA Improvements (Miami Dade Park &Recreation Dep.$298 880) (Executed 35%)(Completion August 2014)(786-210-5937 -Leopoldo Aybar) lez Inc//President List other Government Agencies or Quasi-government Agenciesforwhichyouhavedonebusinesswithin the past five (5)years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency. Address: Telephone No.: Contact Person: Type of Project: ©Thomas F.Pepe,2014 4/28/2014 C6*,.jLto 4 a£L*o^j> Page23 of 72 mmm- ENGINEERING CONTRACTOR -UC:E-251302 11020 SW 55ST.,MIAMI,FL33165 PHONE:786-291-2949 FAX:786-472-8831 maogoteffltvahoocom MAGGOLC GOVERMENT REFERENCE LISTING 1)Company Name:Miami Dade County Public Works Department. Address:111 NW 1st ST14 Floor,Miami,FL 33128 Contact Person:Alberto Estevez Telephone #786 256 2627 2)Company Name:Miami Dade Park &Recreation Department. Address:275 NW 2nd Street,4th Floor,Miami,FL 33128 Contact Person:Ruben TeurbeTolon Telephone #305 755 5465 3)Company Name:Office of Community &Economic Development M-D County Address:701 NW 1st CT 14 Floor Miami,FL 33136 Contact Person:Mario Berrios Telephone #786469 2112 4)Company Name:Florida Department of Transportation Address:14655 SW122Ave Miami,FL33186 ContactPerson:Janice Com Telephone #3056407200 5)Company Name:City of Miami Gardens Address:1515 NW 167 ST BIdg 5 Surte 200 Miami Gardens FL,33169 Contact Person:Willian Garviso Telephone #305 662 8031 6)Company Name:City of Miami Address:444 SW 2nd Ave,8 Floor,Miami FL 33130 Contact Person:Fabiola Dubuisson Telephone #305 416 1755 7)Company Name:City of North Miami Address:776 NE 125Street,North Miami,FL 33161 Contact Person:Gerardo Hernandez Telephone #305895 9831 8)Company Name:Village of Key Biscayne Address:88 West Mclntyre Street,Suite 220 Key Biscayne,FL 33149 Contact Person:Armando Nunez Telephone #3053657574 9)Company Name:City ofCoralGables Address:2800 SW72Ave Miami,FL 33155 Contact Person:Esther Zabalo Telephone #3054605004 10)Company Name:CityofMiami -Capital Improvement Program Address:444 SW 2nd Ave,8th Floor,Miami,FL 33130 Contact Person:Maurice Hardie Telephone #786-229 5463 11)Company Name:Miami Dade County Public Works Department Address:111 NW 18t ST14 Floor,Miami,FL33128 Contact Person:Joaquin Rabassa Telephone #305-299 9822,305-989 4943 12)Company Name:Villageof Pinecrest Address:10800 Red Road,Pinecrest,FL 33156 Contact Person:Daniel F.Moretti Telephone #305-669 6916 13)Company Name:Pinnacle Consulting Enterprises,Inc. Address:1700 South Red Rd,Suite 201,Miami,FL 33155 Contact Person:Roland Rodriguez Telephone #305-345 0696 14)Company Name:Cityof South Miami Address:6130 Sunset Drive South Miami 33143 Contact Person:Grizel Martinez Telephone #305-403 2063 15)Company Name:CityofMiami Gardens Address:1050 NW 163 Dr Miami Gardens,FL 33169 Contact Person:Osdel Larrea Telephone #305-622 8000 Ext.3107 16)Company Name:CityofMiami -Capital Improvement Program Address:444 SW 2nd Ave,8th Floor,Miami,FL 33130 Contact Person:Robert Fenton Telephone #786-263-2133 Engineering Contractor -Lie.E-251302 11020 SW 55 ST.,Miami,FL 33165 Phone:786-291 -2949 Fax:786-472-8831 mqflflPlC^3hP9TCQfTi RESUME: MARIO GONZALEZ Superintendent/Project Manager of Maggolc Inc. GonzalezisaRoadwayConstructionandCivilEngineerwithover24years of progressiveexperienceinthe fields of highwayandrailway design,construction,maintenance,andoperations. EDUCATION: Institute Superior Politfenico (Higher Polytechnic Institute)"Julio Antonio Mella",Santiago de Cuba,Cuba. Degree:INGENIERO VIAL (RoadwayConstruction Engineer),July 1988.Thisis equivalent toa Bachelor ofScienceinCivilEngineering(BSCE)froma regionally accreditedinstitution ofhighereducationintheUnited States. Universidad Central de Venezuela,Caracas,Venezuela. Degree:INGENIERO CIVIL (Civil Engineer),July 1997. CERTIFICATIONS: -TROXLERElectronicsLab -NuclearGaugeSafetyTraining,(2001 &2004) -FDOT -MUTCD/Maintenance of Traffic,Intermediate Level (2008) -ASPHALT PAVING TECHNICIAN -Level 1 (2004) -EARTHWORK CONSTRUCTION INSPECTION -Level 1 (2005) -ACI,ConcreteFieldTestingTechnician-Grade 1.(2005) -FDOT Concrete Field Inspector Specifications.(2005) LICENSES: -General Engineering Contractor -General Building Contractor -Registered and CertificateState of Florida Underground Utilities Contractor. -RegisteredGeneralContractorState of Florida WORK EXPERIENCE: MAGGOLC INC.,Miami,Florida,USA.(June 2005to Present). Gonzalez istheownerand president of Maggolc Inc.,thisisan Engineering Contractor Company.Specialized in DrainageSystems,Pavement andConcrete. Woric Executed: -Friedland Manor Drainage Improvements (City of FloridaCity)2013 -NW8ST &NW14 CT Roadway&DrainageImprovements (Cityof Miami)2013 -1-195/Julia Tuttle Bike Path/Trail (FDOT)2013 -ARRA Municipalities GroupB:CityofMiamiGardensBusShelters (Miami Dade Transit)2013 -Progress RdRoadway&Drainage Improvements (City of South Miami)2012 -Killian Park Rd Stormwater Improvements (Village of Pinecrest)2012 .PhaseIV Drainage Improvements.(Village of Palmetto Bay)2012 -SR 94/Kendall Dr at SW 142 Ave Roadway Improv.(FDOT)2012 •FDOT LAP Roadway Improvements.(City ofSweetwater)2012 -SW 64 Street Corridor Improv.(City of SouthMiami)2012 -District#2CitywideADASidewalkImprovements.(Cityof Miami)2012 -LongKeyStatePark-Resurface Campground Road (Florida Dep.of Environmental Protection)2012. -Suncrest Dr.&MossRanch Rd.Stormwater Improvements (Village of Pinecrest)2011. -SR909(AltonRoad)atWest52Street Drainage Improvements (FDOT District 6)2011 -SW19TerraceRoadway &Drainage Improvements (CIP,Cityof Miami)2011. -Tamiami Canal Miccosukee Linear Park (Miami-Dade County,Park &Recreation Dep.)2011. -District #4 Citywide ADA Sidewalk Improvements (City of Miami)2011 -MIANW36Street&67 Ave Intersection Improvement (concrete)(Aviation Department M-D County) 2011 -MIA Building 3050 Parking Lot Improvements (AviationDepartmentM-DCounty)2011 -District #1 Citywide ADA Sidewalk Improvements (City of Miami)2011 -District #3 Citywide ADA Sidewalk Improvements (City of Miami)2011 -Intersection Realignment SW139 Terr.&SW 140 Dr.andEsatGuavaSTOneWay Street Conversion. (Village of Palmetto Bay)2010 -Installation of Sidewalks and Ramps along NE12 Ave.(City of NorthMiami)2010. -ADBarnesPark Asphalt Walkways..(M-DCountyPark&Recreation)2010. -Golden Shore Park Pavers Sidewalks.(City of SunnyIsles).2010 -District I,Sidewalks Repair.(City of Miami).2010 -CrandonParkADAParking SpaceStriping and Signs.(M-DCountyPark&Recreation)2010. -District II,Sidewalks Repair.(City of Miami).2010 -HarborDriveLightingandResurfacingImprov.(VillageofKey Biscayne)2010 -Bine Road Roundabouts andDrainage.(City of CoralGables)2010 -Drainage RetentionImprovementsof State Rd.907 (AltonRd.)at Allison Drive.Milling andAsphalt Resurfacing.(FDOT,District 6)2009 -Country Club ofMiamiParkConcreteandAsphaltWalkway (Miami-Dade County,Park&Recreation Dep.)2009. -Brendwood Park Asphalt Walkway.(City of MiamiGardens)2009. -WestLittleRiverImproveAsphalt Driveways.(Miami-Dade County Office of Community and Economic Development)2008. -West Perrine ParkConcreteSlabsand Poured SafetySurface.(M-D CParkand Recreation)2008 -Asphalt Pavement Repair.FloridaDepartmentofTransportation(District6).2008-2009,2009-2010and 2010-2011. -ImproveIntersectionsCountywide Project,includeMillingandAsphaltResurfacing.(Sidewalk,Handicap Ramps,Curb&Gutters,Pavers,New Pavement,Drainage,Sodding (M-D County PublicWorkDep.)2008 -Seal CoatandRestripingofStation13and Logistics ParkingArea.(MD County Fire Rescue Department) 2008 -DolphinArchaeological SiteSidewalkConstruction.(M-DCountyParkand Recreation)2008. -Olympic Park Sidewalks Construction.(M-DCountyParkandRecreation)2007 -Norman &JeanReachParkFoulBallNetting.(M-DCountyParkandRecreation)2007 -Drainage Improvement ProjectforNW22CourtfromNW107 ST toNW 112 ST.(M-DCounty Public Work Dep.).2006,etc OthersPlaceswhere Gonzalez wasworking: SRS ENGINEERING,INC.,Miami,Florida,USA.(August 2006toJuly2007). Construction Field Inspector of Drainage and Roadway Restoration.(Public Work Department,Miami-Dade County Projects). -Allaphatta PhaseI. -HardwoodVillagePhaseII. BERMELLO,AJAMIL &PARTNERS,INC.,Miami,Florida,USA.(May2005toJuly2006). Quality Control (QC)Construction Inspector (DOT Projects):(Earthwork,Concrete and Asphalt). -Okeechobee Road.(W12AvetoPalmettoExpwy) -MiamiGardenDrive.(NW2AvetoNW 17 Ave.) -Biscayne Blvd.(NW96STtoNW104ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike(GriffinRdtoSunrise Blvd). -A-l-A (Key West). MARLIN ENGINEERING INC.,Miami,Florida,USA.(October2000-May2005). February 2004to May 2005. Construction Field Inspector of Drainage and Roadway (FEMA-DERM,Miami-Dade County Projects). Activities Included: Verify of storm drainage structures in accordance with the approved shop drawings,installation of drainage and pollution control structures,drainage pipe inverts,joints,seals,French Drain Systems,solidpipe placement and beddingmaterial.Checkthe Contractor's compliancewithallMaintenance of Traffic. Reconstruction of Pavement,RoadwayMillingandResurfacing;reconstruction of CurbandGutterand Sidewalks;SiteRestoration,includingGrading of Swales,SodPlacement,etc. Requirements: -Ensurethequalityoftheconstructionwork,asperthePublicWorks Department Manual,FDOTStandards,andProjectContractDocuments. -Ensure thefull restoration ofthe project,including site cleanliness,swale grading,andsod placement. -Keeprecords of dailyactivities,dailyproduction,sitetesting,andprogress of thework. -Resolvecomplaintsbyresidentsresultingfromconstructionactivities. March 2001to February 2004:Project Engineer Project Engineer forthe design,roadway restoration,andstorm drainage systems improvement,including independent sitesand community.(DERM/FEMA Program administered bythe Division of Recovery and Mitigation-DORM)in Miami-Dade County andCityof Miami Storm Drainage Improvement Program). WorkingcloselywithMicrostationandAutoCADsoftware. October2000to March 2001 andOctober2002to February 2003:Roadway Inspector. Surveying,inspectinganddrawingsketchesfor roadway restoration projectsinQ.N.I.P,PublicWork Department of Miami-DadeCounty.Inspectingandsupervisingconstruction of asphaltpatching,millingand resurfacing operations. ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 55 ST.,MIAMI,FL 33166 PHONE:786-291-2949 FAX:786-472-8831 maqoolc@vahoo.com OFFICE ORGANIZATION CHART M m c ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 55 ST.,MIAMI,FL 33165 PHONE:786-291-2949 FAX:786-472-8831 maqqolcavahoo.com PROJECT ORGANIZATIONAL CHART NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE /{arto 6*0/6 z<*JP<tz/.beingfirstdulysworn,deposesandstates thac (I)He/She/They is/are the OuJ t^CY^/pY^3-tJ^**'T (Owner,Partner,Officer,Representative or Agerjrf of' (2) (3) (4) (5) ittached Proposalr ^* the Respondent thathas submitted the He/She/They Is/are fully Informed concerning the preparation and contentsofthe attached Proposal andof ail pertinent circumstances concerning such Proposal; Such Proposal is genuine andisnota collusive orsham Proposal; Neitherthe said Respondentnoranyofits officers,partners,owners,agents,representatives, employeesor parties in interest,including this affiant,haveinanyway colluded,conspired,connived or agreed,directlyor indirectly,withanyotherRespondent,firm,orpersontosubmita collusive or sham Proposal inconnectionwiththe Work forwhichtheattached Proposal hasbeensubmitted;or to refrain from Bidding or proposing in connection with such Work;orhaveinany manner,directly or indirectly,soughtby agreement or collusion,or communication,or conference withany Respondent,firm,orpersonto fix any overhead,profit,orcostelementsofthe Proposal orofany otherRespondent,ortofixany overhead,profit,orcostelementsofthe Proposal Price orthe Proposal Price ofanyother Respondent,ortosecure through any collusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),orany person interestedinthe proposed Work: The price or prices quotedinthe attached Proposal are fair and proper and arenot tainted by any collusion,conspiracy,connivance,or unlawful agreement omxhe partofthe Respondent oranyother ^f its agents,representatives,owners,employees^*parties of interest,including this affiant. ivered in the presence of: Name and Tide / €>Thomas F.Pepe,2014 4/28/2014 Page 24 of 72 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MiAMI-DADE On this the 3 of Rori not within _4 day of ^A ^20 XH .before me,the undersigned Notary Public of the State ersonally aaoeared (Name(s)<tf individual(s)who appeared beforeRorids^personally appeared (Wame(s>tary)<\K\^»TWwaXlAf thin instrument,and he/shetyey acltyowledge that he/she/th .and whose name(s)js/are Subscribed tothe WITNESSmyhandand official seal. NOTARY PUBLIC: SEAL OF OFFICE: ©ThomasF.Pfepc,2014 4/28/2014 PATRICIA A.RIVERA MY COMMISSION #ff73340 EXPIRES;MAR 13,2015 BomteilltinHjgtilstaatatnsufarae %m%:>m mi* (Name ofNotary Public:Print,Stamp ortypeas commissioned.) Personally known to me,or Personal identification: of Identification Produced J Did take an oath,or Did Not take an oath. Page25 of 72 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuanttotheprovisionsof Paragraph (2)(a)ofSection 287.133,FloridaState Statutes -"Aperson or affiliate whohasbeenplacedon the convicted vendor list following aconvictionforapublicentitycrimemay not submita Proposal or bidona Contract to provideanygoods or servicestoapublicentity,maynotsubmitaBid or proposalfora Contract withapublicentityfortheconstructionofrepairofapublic building or public work,may not submitbids or proposalsonleases or real property toapublicentity,may not beawarded to perform Work asa CONTRACTOR,Sub-contractor,supplier,Sub-consultant,or Consultant undera Contract withanypublic entity,andmay not transact businesswithanypublicentityinexcessofthethresholdamountCategoryTwoof Section 287.017,Florida Statutes,for thirty six(36)monthsfromthedateofbeingplacedontheconvicted vendor list". Theawardofany contraa hereunder issubjecttothe provisions ofChapter 112,Florida StateStatutes. Respondentsmust disdose withtheirProposals,thenameofany officer,director,partner,associate or agentwho isalsoanofficer or employee oftheCityofSouth Miami or itsagencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLQMPA 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 [print name of the public entity][print name of the budiic entity] by AJctr?d Gra*>-z^sJe ^/7Pi-*&*Je~F /(faint individual's name and.tide]7 for /C/<*ggf<?£c>:grk/c- inrnarneoi :individual'sname ana;tide] i of entity submitting sworn statement] business address is..and(ifapplicable)itsFederalEmployerIdentification Number (FEIN)is 2Q ~334^^-y>j (If the entity has no FEIN,include the Sodal Security Number ofthe individual signing this sworn statement:-.) 2.I understand that a"publicentitycrime"asdefinedinParagraph 287.133 (i)(g),Florida Statutes. meansaviolation of any state or federallawbya person with respect to anddirectly related to the transaction of businesswithanypublicentity or withanagency or politicalsubdivisionofany other state or of the UnitedStates,including,but not limitedto,anybid,proposal or contract forgoods or services to beprovidedtoanypublicentity or anagency or political subdivision ofany other stateorofthe UnitedStatesand involving antitrust fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"asdefinedinParagraph 287.133 (I)(b),Florida Statutes,meansafindingofguilt or aconvictionofapublicentitycrime,with or without anadjudication of guilt,inanyfederal or state trial court ofrecordrelatingtochargesbroughtbyindictment or information after July I,1989,asaresultofaJury verdict,non-jury trial,or entry ofapleaofguilty or nolo contendere. 4.I understand that an"affiliate"asdefinedinParagraph 287.133 (I)(a),Florida Statutes,means: (a)A predecessor or successor ofapersonconvictedofapublicentity crime;or (b)Anentityunderthecontrolofanynaturalpersonwhoisactiveinthemanagementoftheentity and who hasbeenconvictedofapublicentitycrime.The term "affiliate"includes those officers, Page26of72 O ThomasF.Pepe,2014 4/28/2014 directors,executives,partners,shareholders,employees,members,and agents whoare active in the management of an affiliate.The ownership byone person of shares constituting a controlling interestinanyperson,ora pooling ofequipmentorincomeamongpersonswhennotfor fair market value under an arm's length agreement,shall bea prima facie case thatone person controls another person.A person who knowingly enters intoa joint venture witha person whohasbeen convicted ofa public entity crime in Florida during the preceding 36months shall be considered an affiliate. 5.i understand thata "person"as defined in Paragraph 287.133 (I)(e),Florida Statutes,means any natural person orentity organized under the laws of any state orof die United States with the legal powertoenterintoa binding contraa and which bids or proposal or applies tobidor proposal on contractsforthe provision ofgoodsor services letbya public entity,orwhichotherwise transacts or applies to transact business witha public entity.Theterm "person"includes those officers,directors, executives,partners,shareholders,employees,members,and agents whoare active in management ofan entity. 6.Based/On information andbelief,the statement which I have marked below is true inrelation to the entitutsubmitting thisswornstatement [Indicate which statement applies.] •Neithertheentity submitting thissworn statement,noranyofits officers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management ofthe entity, norany affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July I.1989. The entity submittingthis sworn statement,or one or more of its officers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management ofthe entity, or an affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July I,1989. Theentitysubmittingthisswornstatement,oroneormore of itsofficers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management ofthe entity, or an affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent of July I,1989.However,there has beena subsequent proceeding beforea Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered bythe Hearing Officer determined that it wasnot In the public interestto place theentity submitting thisswornstatementon the convicted vendor list,[attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OFTHISFORM TO THE CONTRACTING Ol INDENTIF1ED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBUC ENTITY ONLY, THROUGH DECBiBER 31 OFTHE CALENDAR YEARIN WHICH IT ~ REQUIRED TO INFORMTHEPUBUC ENTITY PRIOR TO ENTERII THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,flLQBIQA CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to andsubscribed before methis a Personally known a OR Produced identification .day of R FOR THE PUBUC ENTITY THAT THIS FORM IS VAUD UNDERSTAND THAT I AM IN EXCESS OF THE JEGORY TWO OF ANY Notary Public -State of jpbfifti i of identification) FormPUR7068 (Rev.06/11/92) ©ThomasF.Ptepe,2014 4/28/2014 My commission expires v^~%«».j»cr% (Printed,typed or stamped commissioned >f notary public) Page 27 of 72 DRUG FREE WORKPLACE Whenever two or more BidsorProposalswhichareequalwith respect toprice,qualityandservicearereceived by the Stateorbyany political subdivisionsfortheprocurement of commoditiesorcontractual services,aBidor proposalreceivedfromabusinessthatcertifiesthatithas implemented adrug-freeworkplaceprogram shall be given preference in the awardprocess.EstablishedproceduresforprocessingtieBidsorproposals shall be followed if none of the tied vendors haveadrug-free workplace program.In order to haveadrug-free workplace program,a business shall: 1)Publish a statement notifying employees thattheunlawfulmanufacture,distribution,dispensing, possession,oruse of a controlled substanceisprohibitedin the workplace andspecifying the actions that shallbe taken against employees forviolations of suchprohibition. 2)Informemployeesaboutthe dangers ofdrugabuseintheworkplace,the business'policyof maintainingadrug-freeworkplace,any available drugcounseling,rehabilitation,and employee assistanceprograms,and the penaltiesthatmaybeimposedupon employees fordrugabuse violations. 3)Giveeach employee engagedinproviding the commodities orcontractualservices that areunder Bida copy of the statement specifiedin Subsection (I). 4)In the statement specifiedinSubsection(I),notify the employees,that,asacondition of working of the commodities or contractual services that are under Bid,he employee shallabideby the terms of the statement andshallnotify the employee of any conviction of,or plea of guiltyor noh contendere to,anyviolationofChapter893orofanycontrolledsubstancelawoftheUnited Statesoranystate,foraviolationoccurringin the workplacenolaterthanfive(5)businessdays after such conviction. 5)Imposeasanctionon,orrequire the satisfactoryparticipationinadrugabuseassistanceor rehabilitation program,ifsuchis available in the employee's community,byany employee who is so convicted.^^^<-v 6)Make agood fakn effort e6 continueto maintain a drug-free workplacethrough implementation ofthissectiori:III As the person authorized to/sign tr/e sutenren£,I certify that this firm complies fully with the above requirements. RESPONDENTS ^zmreA^JJ^T Print Name://fox*,(pjfyWe|/ Pate:^f^/t <f Page28 of 72 ©Thomas F.Pfepe,2014 4/28/2014 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THECITYOFSOUTH MIAMI ©ThomasF.Pepe,2014 4/28/2014 ^PL&!rrt|W(!0.—(N""e of CONTRACTOR),hereby acknowledge and agree that as t roKSToY the project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970.and all State and local safety and health regulations,and agree to indemnify and hold harmless the City ofSouth Miami and against any and all liability claims,damaees,losses and expenses diey may incur due tothe failure of (Sub-Contractor's names):jses they may incur due to the failure < ^^?W T Witness A~L- Page29of72 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all ProposedSubcontractorstobeusedonthisproject HtheyareawardedtheContract. Landscape Z*&./6'aM*Z,pl33/tt>4rHftr*s&$wC-<*»* Soddingand Turf Work Electrical Irrigation Z72#<J u\x\ttl'CnH Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting TestingLaboratory Soil Fumsgator Signs Other. ilk/try /Ufa***&<f*yn\*Q m*s sto /<?*&*,wf'Zjs-w33 the City of South Miamiby the apparent lowest responsive and responsible Bidder 'This list shall beprovidedtotheCityofSouth Miami bytheapparentlowestresponsiveand responsible Bid withinfive(5)businessdaysafterBidOpening. ©Thomas F.Pepe,2014 4/28/2014 Page30 of 72 ^ RELATED PARTY TRANSACTION VERIFICATION FORM I M<*VJO &0 U&*fe%dMdu*lW and on behalf of U 0%%()L&31iCe ("FirnT)have Name of Representative CompanylVendorJEntity read the City of South Mfeftr^Cfcy'Ts Code of Ethics, Section 8A-I ofthe Cit/s Code ofOrdinances and I hereby certify,under penalty ofperjury that to the best of my knowledge,informationand belief: (1)neither I nor the Firm have any conflict ofinterest (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.orto transact with,the City,and (2)neither I nor any employees,officers,directors ofthe Firm,nor anyone who has a financial interest greater than 5%in the Firm,has any relative(s),as defined in section 8A-I.who is an employee ofthe City or who is(are) an appointed or elected official ofthe City,or who is(are)a member ofany public body created by the City Commission,i.e.,a board or committee ofthe City[See Note #1 below],and (3)neither I nor the Firm,nor anyone who has a financial interest greater than 5%in the Firm,nor any member of those persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)has transacted or entered into any contractus)with the City or has a financial interest,direct or indirect,in any business being transacted wfchthe dty,or witkany person or agency acting forthe city,other than as follows: •^ necessary usea separate sheet to supplyadditionalinformation that will not fitonthislinebutmake reference on thelineabovetotheseparate sheet,i.e.,"see attached additional information"andmakereferencetothis document and this paragraph onthe additional sheet which additional sheetmustbe signed under oath).TSee Note #1 below];and (4)no elected and/or appointed official or employee ofthe City ofSouth Miami,or any oftheir 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 Gty other than the following individuals whose interest isset forth following theic useaseparatenames: A^//T (ifnecessary useaseparate sheetto supply additional information that will notfitonthis line but make referenceonthe line above tothe separate sheet,i.e.,"see attached additional information"and make reference to this document and this paragraph onthe additional sheet which additional sheet must besigned under oath).The names of all City employees and that ofall elected and/or appointed dty officials or board members,who own,directly or indirectly,an interest of five percent (5%)or more ofthe total assets ofcapital stock in thefirm areas follows:s percent (ttfc)or more „(* necessaryusea separate sheet to supplyadditionalinformation that will not fitonthisline but make reference on the line abovetotheseparate sheet,i.e.,"seeattached additional information"andmakereferencetothis document and this paragraph onthe additional sheetwhich additional sheet must be signed under oath).[See Note #I below] (5)I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometous through our position of trust,or through our performance ofourdutiesunderthetermsofthe contraa with the City,tosecurea special privilege,benefit,or exemption for ourselves,or others.We agree that we may not disdose oruse information,not available to members ofthe general public,forour personal gain or benefit orforthe personal gain or benefit of any other person or business entity,outside ofthe normal gain or benefit anticipated throMgjh theperformanceofthe contract Page 31 of72 ©ThomasF.Pepe,2014 4/28/2014 (6)I andtheFirm hereby acknowledgethat we havenotcontractedortransactedanybusinesswiththeCityor anypersonor agency actingfortheCity,andthatwehavenotappearedinrepresentationofanythirdparty before any board,commissionoragencyoftheCitywithinthepasttwoyearsotherthanas follows: dditional informs (if necessary useaseparate sheet to supply additional Information thatwillnotfitonthislinebutmakereferenceonthelineabovetothe separate sheet,i.e., "see attached additional information"and make reference to this document andthis paragraph on the additional sheet whichadditional sheet must besigned under oath). (7)Neither I noranyemployees,officers,ordirectorsoftheRrm.noranyoftheirimmediate family (i.e.,asa spouse,son,daughter,parent brother orsister)isrelatedbybloodor marriage to:(i)any member oftheCity Commission;(ii)any city employee;or (iii)any member of any board or agency ofthe City other than as follows: A>/j$.(if necessary use aseparate sheet to supply additional information that will not fit on thisline but make reference on the lineabove to the separate sheet i.e.,"see attachedadditionalinformation"andmake reference tothis document andthis paragraph on the additional sheet whichadditionalsheet must besignedunderoath).[See Note #1 below];and. (8)No Other Rrm,noranyofficersor directors of that Other Firmoranyone who hasafinandal interest greater than5%inthat Other Rrm,norany member of those persons'immediate family (i.e.,spouse,parents,children, brothersandsisters)noranyofmyimmediate family members(hereinafterreferredtoas"Related Parties")has respondedtoa soiidtation bytheCityinwhich I ortheRrmthat I representoranyonewhohasa financial interestgreaterthan5%inthe Rrm,orany member ofthose persons'immediate family (i.e.spouse,parents, children,brothers and sisters)havealso responded,other than the following:rothers and (ifnecessaryuseaseparate sheet to supplyadditional informationthatwill not fitonthisline but make reference on the lineaboveto the separate sheet i.e.,"see attachedadditionalinformation"andmake reference to this document andthis paragraph on the additional sheet which additional sheet must besignedunder oath),[while theethicscodestill applies,if the personexecutingthis formisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(8)shall bebased solelyonthe signatory's personal knowledgeand he/she isnotrequiredtomakeanindependent investigation into the Other Rrm,ortheRrm he/she represents,astotheirofficers,directorsoranyone having a financial Interest in those Rrms orany of theirany member of thosepersons'immediate family.] (9)I andthe Firm agreethatweare obligated tosupplementthis Verification Form andinformthe Gty ofany change in drcumstances thatwould change our answers tomisdocument Specifically,afterthe opening ofany responsestoa solicitation,I andtheRrmhavean obligation to supplement this Verification Form withthenameof all Related Parties whohavealsorespondedtothesamesoiidtationandtodisclosethe relationship of those pantos to me and die Rrm. (10)A violation ofthe City's Ethics Code,the gving ofany false information orthe failure tosupplementthis Verification Form,maysubjectmeor the RrmtoimmediateterminationofanyagreementwiththeCity,andthe imposition of the nradpttmt fine and/or any penalties allowed by law.Additionally,violations may be considered by and subject wj Jctionyby die Miami-Dade County Commission on Ethics.Under penalty of perjury,Ideclare that I have made a/diigentJeffa/t to investigate the matters to which Iam attesting hereinabove and that the statements made hereipbpve^re tpi€and correct to the best of my knowledge,information and belief. Sigiature:1 IM J */^/)~4~~*Print Nameifffl/fJ(arfd 6**t«X€*/j f^***"* Date:^/j /f^ ©Thomas F.Pepe,2014 4/28/2014 Page32 of 72 ACORI?CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 9/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is anADDITIONALINSURED,the poiicy(ies)must be endorsed.If SUBROGATION ISWAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate (toes not confer rights to the certificate holderinlieuofsuch endorsements). PRODUCER Eastern Insurance Group,Inc. 9570 SW 107 Avenue Suite 104 Miami FL 33176 INSURED Maggola,Inc. 11020 SW 55 Street Miami FL 33165 SgffiF1 David M.Lopes (305)595-3323 ;.esrdeasteminsurance.net !^Lmi(30S}S9S'713S CNSURERfS)AFFORDING COVERAGE MAtCtf insurera Kid-Continent Casualty Company insurerejtfapfre Insurance Co.of Florida insurerc.CastlePoint Florida Insurance insurer d Assurance Company of America INSURER E: ^j^J2Ub15£25i£S^^^CERTIFICATE NUM8ER*laster 14HL5 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM ORCONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIES DESCRIBED HEREINIS SUBJECT TOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IABbL15UBftl—ma LTR TYPE OF INSURANCE GENERAL UABtUTY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR XCU coverage included OSW.AGGREGATE UMIT APPLIES PER: ILOC AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS EXCESS UAB SCHEDULED AUTOS NONOWNED AUTOS OCCUR CLAJMS-MADE mlfJfBfflWlWf 10'00C AW>EttPLOYtRffUABEJTY y/N ANY PROPRIETOR/PARTNERfcXECUTtVE |1 OfRCEftMEMBER EXCLUDED?(WanSfctfYtaNH)'' ——op OPERATIONS below Rented/Leased Equipment Scheduled Bguipment ma. N/A SOO,POLICY NUMBER 04-GL-OOO8861O8 4150130008652 04 XS 182687 3CP760908402 SC69044826 BC69044826 mmmmmmm 9/22/2013 7/17/2013 9/22/2013 9/22/2013 11/2/2013 11/2/2013 9/22/2014 7/17/2014 9/22/2014 9/22/2014 11/2/2014 Ll/2/2014 EACH OCCURRENCE DAMAGE TO RENTED LIMITS ;ES (Ea occurrence! MEDEXP(Any om person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS-CQMP/QP AGO ^M|^5lN<3LETWr BODILYINJURY(Perperson) BODILYINJURY(Peraccident) Prt6P£^TY DAMAGE" WredAuto EACH OCCURRENCE AGGREGATE EL EACH ACCIDENT TothT 1 ER EL DISEASE -EA EMPLOYEE EL DISEASE-POUCY UMIT I 8 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 1.000,000 1.000.000 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 $250,000 $111,834 OESO«PT«»IO^OPERATfOW/U}CATlONS/VEHKa^S (AttachACORD 10t,AdtflttoflURnitifte8Blieffuts,ffi!»f»sptcftteitqu&ttt) Asphalt paving,conorete construction and drainage construction City of South Miami and MiamiDadeCountyarelistedasanadditionalnamed insured and snail be provided writtennotice30daysbefore modification ofthispolicyorcancellation for nonpaymentofpremiumor otherwise.Coverage asan additional insured is provided if required by written contract. CERTIFICATE HOLDER City of South Miami Building 6 Zoning Department 6130 Sunset Drive Miami,FL 33143 ACORD 26 (2010/05) IN802S reninrYn m CANfrftLATSpN SHOULD ANY 01s THE ABOVE DESCRIBEO POUCIES BE CANCELLED BEFORE THEEXPIRATIONDATETHEREOF,NOTICE WILL BEDELIVEREDIN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE David Lopea/AHA ©1988-2010 ACORD CORPORATION.AD fights reserved. Tho Afinon nama actrt Inrw oro rantetanari marlra a?ACHOn Note #I:While the ethics code stillapplies,if the person executing thisformisdoingsoon behalf of afirm with more than 15 employees,the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge andhe/sheisnot requiredto make an independent investigationastotherelationshipof employees;if the firmisapubliclytraded company, the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge andhe/sheis not requiredto make an independent investigation as to the relationship of employees or of those who have afinancial interest in the Firm or of the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee oras to the relationship bybloodor marriage of employees,officers,or directors of the Firm, orofanyoftheir immediate familytoanyappointedorelectedofficialsof the City,ortotheir immediate family members. Sec.8A-1 -Conflict of interest and code of ethics ordinance. MunicodePage I0f4 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe"CityofSouth Miami Conflictof Interest andCodeofEthics Ordinance."Thissectionshallbe applicable toallcitypersonnelasdefinedbelow,andshallalso constitute a standardof ethical conductand behavior for all autonomous personnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.The provisions ofthissection shall be applied ina cumulative manner.By wayof example,andnotasa limitation,subsections(c)and(d)maybe applied tothesamecontractortransaction. (b)Definitions.Forthepurposesofthissectionthe following definitions shallbe effective: (1)Theterm "commission members"shall refertothemayorandthemembersofthecity commission. (2)Theterm "autonomous personnel"shall refertothe members ofautonomous authorities,boardsand agencies, suchasthecitycommunity redevelopment agencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,the environmental review andpreservationboard,thecodeenforcementboardandsuch other individuals,boardsand agencies ofthecityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothemembersofthosecity advisory boardsand agencies whose sole or primary responsibility istorecommend legislation or give advicetothecity commission. (5)Theterm "departmental personnel"shall refertothecity clerk,the city manager,department heads,thecity attorney,andallassistantsto the cityclerk,citymanagerandcityattorney,howevertitled. (6)Theterm "employees"shall referto all otherpersonnel employed bythecity. (7)Theterm"compensation"shallrefertoanymoney,gift,favor,thingofvalue or financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm "controlling financial interest"shall referto ownership,directly or indirectly,often percentormore ofthe outstanding capital stockinanycorporationoradirectorindirectinterest often percentormoreina firm, partnership,or other businessentityatthetimeoftransacting business withthecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm"transact any business"shall refertothe purchase orsalebythecityof specific goodsor services for consideration andto submitting a bid,a proposal in response toa RFP,astatementof qualifications in response toarequestbythecity,orenteringintocontract negotiations forthe provision onanygoodsorservices, whichever first occurs. (c)Prohibitionon transacting businesswiththecity. Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontract or transactanybusinessinwhichthatpersonoramemberoftheimmediate family hasa financial interest,directorindirectwiththecity or anypersonor agency acting forthecity,andanysuchcontract, 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.Nothinginthis subsection shallprohibit or make illegal: (I)The payment oftaxes,special assessments or fees for services provided bythecitygovernment; Page33 of 72 ©ThomasF.Pepe,2014 4/28/2014 (2)The purchase of bonds,anticipation notesorother securities that may be issued by the city through underwriters or directlyfromtimetotime. Waiver of prohibition.The requirements ofthis subsection may be waived fora particular transaction only byfour affirmative votesofthecity commission after public hearing upon finding that: (1)An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3)and(4); (2)The proposal has been submitted by a person or firm offering services within the scope ofthe practice of architecture,professional engineering,or registered land surveying,as defined bythe laws ofthestateand pursuanttothe provisions ofthe Consultants1 Competitive Negotiation Act,andwhentheproposalhasbeen submittedbyacityperson defined in paragraphs (b)(2),(3)and (4); (3)Thepropertyor services tobe involved inthe proposed transaction are unique and the city cannot avail itself ofsuch property or serviceswithoutenteringatransactionwhichwouldviolatethissubsectionbut forwaiverofits requirements;and (4)Thattheproposed transaction will beinthebestinterestofthe city. This subsection shall be applicable only to prospective transactions,and the city commission may in nocase ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbe construed to amend or repeal any other lawpertaining to the samesubjectmatter. (d)Further prohibition on transacting business withthe city. No person included in theterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enterinto anycontract or transactany business througha firm,corporation,partnership or business entityinwhichthat personorany member ofthe immediate family has a controlling financial interest,director indirect,withthe city or anypersonoragencyactingforthe city,andanysuch contract,agreement or business engagement entered in violation ofthis subsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothissubsectionasthough incorporated by recitation. Additionally,no person included in theterm defined in paragraph (b)(1)shall voteonor participate in any way in anymatterpresentedtothecity commission ifthatperson has anyofthe following relationships withanyofthe persons or entities which would beor might be directly or indirectly affected byany action ofthe city commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinany instance the transaction ormatter would affect the person defined in paragraph (b)(1)in a manner distinct from the manner in which it would affect the public generally.Any person included in theterm defined in paragraph (b)(I)who has any ofthe specified relationships orwho would or might,directly or indirectly,realize a profit bythe action ofthe city commission shall notvoteon or participate inanywayin the matter. (E)Gifts. (l)Defmition.Theterm "gift"shall refertothetransferof anything of economic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemor promise,orinany other form,without adequate andlawful consideration. (2)Excepuons.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members ofone's household,unless the person isa conduit on behalf ofathird party to the delivery ofagiftthatisprohibitedunder paragraph(3); c.Awardsforprofessional or civic achievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.Itis also unlawful foranypersonorentityto offer,give oragreeto give toanyperson included intheterms defined in paragraphs (b)(1)through (6),orforanyperson included intheterms defined in paragraphs (b)(1)through (6)to accept or agreeto accept from another person or entity,anygiftfor or becauseof: a.An official public action taken,ortobe taken,or which could be taken,oran omission or failure totakea public action; b.A legal duty performed ortobe performed,or which could be performed,oran omission or failure to perform alegalduty; Page 34 of 72 ©ThomasF.Pepe,2014 4/28/2014 c.A legal dutyviolated ortobe violated,or which could be violated by any person included in theterm defined in paragraph (b)(1);or d.Attendanceorabsencefroma public meeting at which official actionistobetaken. (4)Disclosure,Any person included in the term defined in paragraphs (b)(1)through (6)shall disclose any gift,or series ofgifts from anyone person or entity,having a value in excess of $25.00.The disclosure shall be made by filing acopyofthe disclosure form required bychapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county and with the Florida Secretary ofState. (f)Compulsory disclosure by employees of firms doing business withthecity. Should any person included in the terms defined in paragraphs (b)(1)through (6)be employed by a corporation, firm,partnership or business entity in which that person orthe immediate family does not have a controlling financial interest,and should the corporation,firm,partnership or business entity have substantial business commitments toor from the city or any city agency,orbe subject to direct regulation by the city ora city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of officialpositionprohibited. No person included in the terms defined in paragraphs (b )(l)through (6)shall corruptly use or attempt to use an official position tosecure special privileges or exemptions forthat person or others. (h)Prohibitiononuse of confidential information. No person included in the terms defined in paragraphs (b)(1)through (6)shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce oneto disclose confidential information acquired by reason ofan official position,norshall that person in fact ever disclose confidential information garnered or gained through an official position with the city,nor shall that person ever use such information,directly or indirectly,for personal gain or benefit. (i)Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1)through (6)shall accept other employment which would impair independence of judgment inthe performance of any public duties. (j)Prohibitionon outside employment. (1)No person included in the terms defined in paragraphs (b)(6)shall receive any compensation for services asan officer or employee ofthe city from any source other than the city,except as may be permitted as follows: a.Generally prohibited.No full-time city employee shall accept outside employment,either incidental,occasional or otherwise,where city time,equipment or material is tobe used or where such employment or any part thereof is to be performed oncitytime. b.When permitted.A full-time city employee may accept incidental or occasional outside employment so long as such employment isnot contrary,detrimental or adverse tothe interest ofthe city or any ofits departments and the approval requiredin subparagraph c.isobtained. c.Approval of department head required.Any outside employment by any full-time city employee must first be approved in writing bythe employee's department head who shall maintain a complete recordof such employment. d.Penalty.Any person convicted of violating any provision of this subsection shall be punished as provided in section l-l I ofthe 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 notto exceed $500.00 and the costs of investigation incurred bythecity. (2)All full-time city employees engaged in any outside employment for any person,firm,corporation or entity other than the city,or any of its agencies or instrumentalities,shall file,under oath,an annual report indicating the source ofthe outside employment,the nature ofthe work being done andany amount of money orother consideration received bythe employee from the outside employment.City employee reports shall be filed with the city clerk.The reports shall be available ata reasonable time and place for inspection by the public.The city manager may require monthly reportsfrom individual employees or groups of employees forgoodcause.. (k)Prohibited investments. No person included in the terms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. Page 35 of 72 ©ThomasF.Pepe,2014 4/28/2014 (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and (6)shall appearbeforeanycityboardor agencyandmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit soughtbythethirdperson.Nor shall theperson receive any compensation or gift,directly or indirectly,for services renderedtoathirdperson,who has applied fororis seeking some benefit fromthecityoracity agency,in connection withthe particular benefit soughtbythethirdperson.Nor shall thepersonappearinanycourt or beforeany administrative tribunalas counselor legal advisor toapartywhoseeks legal relief fromthecityoracity agency throughthesuitin question. (2)Noperson included intheterms defined in paragraphs (b)(2),(3)and(4)shall appearbeforethecity commission or agencyonwhichthepersonserves,eitherdirectlyorthroughanassociate,andmakea presentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,or other benefitsoughtbythethirdperson.Nor shall suchpersonreceiveany compensation or gift,directlyor indirectly,for services renderedtoathirdpartywhohas applied fororis seeking some benefit fromthecity commission or agency on which thepersonservesin connection with the particular benefitsoughtbythethirdparty.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisortoathirdpartywhoseeks legal relieffromthecity commission or agency on which such person serves through the suitin question. (m)Actions prohibited when financial interests involved. Noperson included intheterms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which thatpersonoranymemberofthe immediate family hasa financial interest.A financial interestis defined in this subsection to include,butnotbe limited to,anydirector indirect interest inanyinvestment,equity,or debt. (n)Acquiring financial interests. Noperson included intheterms defined in paragraphs (b)(1)through(6)shall acquirea financial interestina project,businessentity or property atatimewhenthepersonbelieves or hasreasontobelieve that the financial interestmaybe directly affected by official actions orby official actions bythecityorcity agency of which the person isan official,officer or employee. (0)Recommending professional services. Noperson included in theterms defined in paragraphs (b)(1)through (4)may recommend the services of any lawyer or law firm,architector architectural firm,public relations firm,oranyotherpersonor firm,professional or otherwise,to assist inany transaction involving the city oranyofits agencies,provided thata recommendation mayproperlybemadewhenrequiredtobemadebythedutiesof office andin advance ata public meeting attendedbyother city officials,officers or employees. (p)Continuing application after city service. (1)No person included intheterms defined in paragraphs (b)(1),(5)and (6)shall,fora period oftwo years after hisorhercity service or employment has ceased,lobby anycity official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,requestfor ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subject matter inwhichthecity or oneofits agencies isapartyorhasanyinterestwhatever,whetherdirect or indirect Nothing contained inthis subsection shall prohibit any individual from submitting aroutine administrative request or application toacity department or agencyduringthetwo-yearperiodafterhis or herservicehasceased. (2)The provisions ofthe subsection shall not apply topersonswhobecome employed by governmental jentities, 501(c)(3)non-profitentitiesor educational institutions orentities,andwholobbyonbehalfofthoseentitiesin their officialcapacities. (3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whosecityserviceor employment ceased after the effective date of the ordinance fromwhichthis section derives. (4)Nopersondescribedin paragraph (p)(l)whosecityserviceor employment ceased within twoyearspriorto the effective dateofthisordinance shall foraperiodoftwoyearsafterhis or herservice or employmententer intoa lobbying contracttolobbyanycity official inconnectionwithanysubjectdescribedinparagraph(p)(l)in whichthecity or oneofitsagenciesisapartyorhasanydirectandsubstantialinterest;andinwhichhe or she participateddirectly or indirectlythroughdecision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityservice or employmentApersonparticipated "directly" whereheorshewas substantially involved intheparticularsubjectmatterthrough decision,approval,disapproval, Page 36 of 72 ©Thomas F.Pepe,2014 4/28/2014 recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment A person participated "indirectly"where heorshe knowingly participated in any way in the particular subject matter through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment All persons covered by this paragraph shall execute an affidavit ona form approved by the city attorney prior to lobbying any city official attesting thatthe requirements ofthis subsection donot preclude the person from lobbying city officials. (5)Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q)City attorney torenderopinionsonrequest. Whenever any person included in the terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)is in doubtastotheproper interpretation or application of this conflict ofinterest and codeof ethics ordinance,or whenever any person who renders services tothe city is in doubt astothe applicability ofthe ordinance that person,may submit tothe city attorney a full written statement ofthe facts and questions.The city attorney shall then render an opinion to such person and shall publish these opinions without use ofthe name ofthe person advisedunlessthepersonpermitstheuseofaname. (Ord.No 6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-I and 8A-2 in their entirety and replaced themwithnew§§ 8A-1 and 8A-2.Former §§8A-1 and 8A-2 pertained to declaration of policy and definitions,respectively,and derived from Ord.No.634,§§I (I A-1),I (IA-2)adopted Jan ...II,1969. Page 37 of 72 ©ThomasF.Pepe,2014 4/28/2014 NOTICE OF AWARD TheCityhasconsideredtheProposalsubmittedbyyourfirmforthe Sunset Drive Downtown Median in responsetoitsadvertisementforRequestforProposalandInstructionstoRespondents. You arehereby notified thatyour Proposal hasbeenacceptedforthe Sunset Drive Downtown Median inthe lump sumamountof$<Fhf/a6e'Z>,brokendownas follows: Base Proposal:S S?G>GT*± Alternate #I: Alternate #2: Alternate #3: You arerequiredbythe Instructions to Respondents toexecutetheContractand furnish the required Performance Bond,Payment Bond,Insurance documents (see Proposal Submittal Checklist Form)withinten (10) dayfrom the dateofthis Notice to you. If you fail toexecute said Contractandto furnish said bonds or required Insurance documents within ten (10) calendar daysfrom the date ofthisnotice,the CITY,atitssoleand absolute discretion,shallbe entitled to disqualify the Proposal,revoketfje awardandretainthe Proposal Bond/Security.Please be advised thatifthe contract price exceeds $5^0ffC§or if it is a multi-year conjcactrequiring payment outof more than one year's appropriation,the awawiand the contract mu^tjxe-appfoved by the City Commission before itis binding onthe City. BY: Steve Datedthisdayof ,20 ACCEPTANCE OF NOTICE ReceiptoftheaboveNoticeofAwardishereby acknowledged by Onthisthedayof ,20. BY: TITLE: Youarerequired to return anacknowledgedcopyofthisNoticeofAwardtotheCityManager. Page 38 of 72 ©Thomas F.Pepe,2014 4/28/2014 CONTRACT Sunset Drive Downtown Median From SW 57th Court to SW 58th Avenue THIS CONTRACT was made and entered into on this i Mftjgy fc /Tr>g_~hereafter referred to a referred to as 'H&wner",through its City Manager,hereafter referred to as "City". ft^day of A^IOA .20 f^.by and between Mftjgy *c /~3r>c-~hereafter referred to as "Contractor",and the Cify of South Miami,hereafter >as 'tOwner' WITNESETH: That,the Contractor,fortheconsiderationhereinafter fully set out herebyagreeswiththeOwneras follows: 1.The Contractor shall furnish all labor,materials,equipment machinery,tools,apparatus,transportation andany other items necessary to perform allof the work shownonand described in the Contract Documents andshalldoeverythingrequiredbythis Contract and the other Contract Documents hereinafter referred to as the Work. 2.The Contract Documentsshallincludethis Contract theGeneralConditionstothe Contract ifany,the drawings,plans,specifications andproject manual,ifany,anysupplementary or specialconditions,other documentsreferringtothis contract andsignedbytheparties,thesolicitationdocuments("hereinafter referred to as"Bid Documents")andany documents to which those documents refer andwhich are used bythe Owner aswellasanyattachmentsorexhibitsthataremadeapartofanyofthedocuments described herein. 3.The Contractor shallcommencethe Work tobeperformedunderthis Contract onadatetobe specified ina Notice to Proceed andshall complete all Work hereunder within the lengthoftime set forthinthe Contract Documents. 4.The Owner herebyagreestopaytothe Contractor forthe faithful performanceofthis Contract subject toadditionsanddeductionsasprovidedinthe Contract Documentsandanyproperlyapproved,written change orders,in lawful moneyoftheUnitedStates,the amount of:(sPeii Doibr Amount here)^H^-^tviTfaHa*,,6fAn tf\A*An*A ^yfyfW-Dollars (%&£&£.00 ),Lump Sum ("Contract Price'').~~r 5.Theexpensesofperforming Work afterregularworkinghours,andonSundayand legal holidays shall be included inthe Contract Price.However,nothingcontainedherein shall authorizeworkondaysand duringhoursthatareotherwiseprohibitedbyordinanceunless specifically authorizedorinstructedin writing by the City. 6.Ifthe Work is expected to requiremorethanonemonth,the Owner shallmakemonthlypartial paymentsto the Contractor onthebasisofadulycertifiedand approved scheduleofvaluesfor the Work performedduringeachcalendarmonthbythe Contractor,lesstheretainage (all asprovidedforinthe Contract Documents),whichistobewithheldbytheOwneruntilcompletionandacceptanceofthe complete project in accordance withthis Contract and the other Contract Documents anduntilsuch Work hasbeen accepted by the City. 7.Upon submission bythe Contractor ofevidencesatisfactorytotheCitythatalllabor,material,and other costsincurredbythe Contractor inconnectionwiththeconstructionofthe Work havebeenpaidin full, andafter compliance withthetermsfor payment provided forintheContract Documents,final payment onaccountofthis Contract shall bemadewithinsixty(60)calendardaysafterthecompletionbythe Contractor of all WorkcoveredbythisContractandthe acceptance ofsuchWorkbythe City. 8.8.IntheeventthattheContractor shall fail tocompletetheWork within thetime limit stipulated intheContractDocuments,ortheextendedtime limit agreedupon,inaccordancewiththeprocedureas more particularly setforthintheContract Documents,liquidated damages shall bepaidbythe Contractorattherate of $2.000dollars per day,plus any monies paid bytheOwnertothe Consultantif any,for additional engineering and inspection services,if any,associated withsuch delay. 9.Itis further mutuallyagreedbetweentheparties hereto that ifaPayment and/or PerformanceBond ("Bond")is required and if,atanytime after the execution ofthis Contract and the Bondforits faithful performance andpaymenttheCity shall deemtheSuretyorSuretiesuponsuch bond(s)tobe unsatisfactory,or if,foranyreasonsuchbondceasestobeadequatetocovertheperformanceofthe Page 39 of 72 ©Thomas F.Pepe,2014 4/28/2014 10. II Work or payment to subcontractors andsuppliers,the Contractor shall,atits expense within five (5) businessdays after the receipt of noticefrom the Citysotodo,furnishanadditional bond orbondsin suchformand amount andwithsuchSuretyorSuretiesas shall besatisfactory to the City.Insuch event no further payment to the Contractor shallbe deemed to bedue under this Contract untilsuch new or additional security for the faithful performance of the Work isfurnishedin the manner andin the form satisfactory to the City. No additional Work orextras shall bedoneunlessthesameisdulyauthorizedinwritingandinadvance of the work byappropriateactionbytheCityandinaccordancewith the Contract Documents. The date that this contract was "made and entered into"and its effective date is the date that the contract is the signedby the City. IN WITNESS WHEREOF,theparties hereto have executed this Contract onorpriorto the dayanddatefirst above written,in five (5)counterparts,each of which shall,without pro^or accounting fortheother counterpart be deemed anoriginal Contract. ©Thomas F.Pepe,2014 4/28/2014 Page40 of 72 t/ GENERAL CONDITIONS Sunset Drive Downtown Median ARTICLE I -DEFINITIONS Wheneverusedinthese General Conditions orintheotherContract Documents,the following terms shall have the meaning indicated.These definitions shall always apply whenthe section ofthe Contract specifically referstothisArticleforthepurposeof interpreting awordorgroupofwordsinthatsectionoftheContract Document However,when the sectionofthe Contract where the word tobedefined is used,does not specifically referstothisArticletodefinethewordorgroupofwords,the definitions containedinthisArticle shall not applyunless the word orgroupofwords,inthe context ofitortheiruseinthe Contract Document in question,is/are ambiguous and openfor interpretation.In addition,these definitions shall also not apply to interprettermsina specific provision ofaContractDocumentifthat specific provision containsa definition of these terms: Addenda:Writtenor graphic documents issued priortothe Bid Opening which modify orinterpretthe ContractDocuments,Drawingsand Specifications,byaddition,deletions,clarifications orcorrection. Application forPaymentAform approved bytheCONSULTANT,if any,ortheCity Manager which is tobeusedbythe CONTRACTOR inrequestingprogresspayments. Bjd:Theofferor proposal ofthe Bidder submitted onthe prescribed form setting forth the prices and other terms for the Work to be performed. Bidder:Anyperson,firm or corporation submitting aresponsetotheOwner's solicitation for proposals or bids for Work. Bid Documents:The solicitation forbidsor proposals and all documentsthatmakeupthe solicitation including the instructions,form of documents andaffidavits. Bonds:Bid bond,performance andpaymentbondsandotherinstrumentsof security,furnished bythe CONTRACTOR andits surety inaccordancewiththe Contract Documents andinaccordancewiththelawsof the State of Florida. Change Order:Awrittenordertothe CONTRACTOR signed bytheCity Manager authorizing an addition,deletionorrevisionin the Work,oran adjustment in the Contract Priceor the Contract Time issued after execution of the Contract. CITY:TheCity Manager fortheCityofSouth Miami,6130 SunsetDrive,South Miami,FL 33143,unless the context whereinthewordisusedshouldmore appropriately meantheCityofSouth Miami. Construction Observer Anauthorizedrepresentativeofthe CONSULTANT,ifany,or otherwise a representative of the Cityassigned to observe the Work performedandmaterialsfurnishedbythe CONTRACTOR.The CONTRACTOR shall benotifiedinwritingoftheidentityofthisrepresentative. 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 wellasallBid Documents includingbut not limited to the solicitationforBid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificatesand policies,theNoticeofAward,theNoticeto Proceed,the General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications, Drawings,including anyincorporated specifications,addenda tothe drawings issuedpriortoexecutionofthe Contract Change Orders,Construction Change Directives and anywrittenorderforaminor change inthe Work,andwrittenmodificationstoanyoftheContractDocuments. Contract Price:Thetotalmoneys payable tothe CONTRACTOR pursuanttothetermsoftheContract Documents. ContractTime:Thenumberof calendar days statedintheContractforthecompletionoftheWork. Contracting Officer:The individual whoisauthorizedto sign thecontractdocumentsonbehalfofthe OWNER. CONTRACTOR:Theperson,firmorcorporationwith whom the OWNER has executed the Contract CONSULTANT:Theperson identified astheCONSULTANTinthe Supplementary Conditionsor,if none,thenCITY'S designated representativeas identified inthe Supplementary Conditions. Day:Aperiodoftwenty-fourhoursmeasuredfromthe beginning ofthedayat 12:01 a.m.andit shall be presumedtobea calendar dayunless specifically designated asa business day. Page 41 of 72 ©ThomasF.Pepe,2014 4/28/2014 Days:Thenumberoftwenty-four (24)hour periods following theeventtowhichtheword "days"refers commencingat 12:01 a.m.atthestartofthenext day.Therefore,incomputinganyperiodoftime prescribed or allowedbytheContractDocuments,thedayofthe act eventordefaultfromwhichthe designated periodoftime begins to run shall not beincluded.Thelastdayoftheperiodso computed shall beincludedunlessitisa Saturday,Sundayor legal holiday,inwhicheventtheperiod shall rununtiltheendofthe next businessdaythatis not aSaturday,Sundayor legal holiday. Defective Work:Work thatis unsatisfactory,faulty,ordeficientinthatitdoes not conform tothe ContractDocuments,ordoesnot meet therequirementsofany applicable inspection,referencestandard,test or approval referredtointheContractDocuments,orhasbeen damaged priortothe CONSULTANT'S recommendationof final payment(unless responsibility fortheprotection thereof hasbeendelegatedtothe Owner);substitutionsthatarenotproperlyapprovedandauthorized,anydeficiencyinthe Work,materialsand equipment;materialsand equipment furnishedundertheContractthatare not goodqualityandnewunless otherwise required or permitted by the Contract Documents. Drawings:Thedrawingswhich show thecharacterandscopeof the Work tobeperformedandwhich havebeenpreparedorapprovedby the CONSULTANT,orifnone,thenbyanarchitectorengineerhiredbythe City andare referred to in the Contract Documents. Field Order:A written order issuedbythe CONSULTANT which clarifies or interprets the Contract Documentsinaccordancewith Paragraph 9.3orordersminorchangesinthe Work inaccordancewith paragraph 10.2. Modification:(a)AwrittenamendmentoftheContractDocumentssignedbybothparties,(b)aChange Order signedbybothparties,(c)a written clarification orinterpretationifissuedby the CONSULTANT in accordancewith paragraph 9.3or(d)a written order forminorchangeoralterationin the Work issuedbythe CONSULTANT pursuant to Paragraph 10.2.Amodificationmayonlybeissuedafter execution of the Contract it must beinwritingandsignedby the party against whom the modificationissought to be enforced. Notice of Award:The written notice byCITY to the apparent successfulBidderstating that upon compliance with the conditions precedent to be fulfilled byitwithin the time specified,CITY will execute and deliver the Contract to him. NoticetoProceed:A written noticegivenbyCITYto CONTRACTOR (withcopyto CONSULTANT) fixing the dateonwhich the Contract Time shall commence torunandonwhich CONTRACTOR shall startto perform itsobligations under the Contract Documents. Person:Anindividual or legal entity. Project The entire construction operation being performed asdelineatedin the Contract Documents. Policy:The term "policy"asusedin the Contract Documents shallmean the insurancebinder,ifitis issued,the declarationpage of the policyand the body of the policy,includingall endorsements. RFP:Request forProposal. Shop Drawings:Alldrawings,diagrams,illustrations,brochures,schedulesand other datawhichare preparedby the CONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,andwhichillustratethe equipment material or some portion of the work andasrequiredby the Contract Documents. Samples:Physical exampleswhichillustrate materials,equipment or workmanship andestablishstandards bywhich the Work willbejudged. Specifications:ThoseportionsoftheContractDocumentsconsistingofwrittentechnicaldescriptionsof materials,equipment construction systems,standardsandworkmanshipasapplied to the Work. Subcontractor An individual,firmorcorporationhavingadirect contract with CONTRACTOR orwith any other Subcontractor for the performance of apart of the Work at the construction site. Substantial Completion:Thedate,ascertifiedbythe CONSULTANT,whentheconstructionofthe Projectoracertifiedpart thereof is sufficiently completed,in accordance withtheContractDocuments,sothat the Project orasubstantial part canbeutilizedforthepurposesforwhichitwasintended without restrictionor limitation to anydegree,other thanfor the repairofminor"punchlist"items;orif there benosuchcertification, thedatewhen final paymentisdueinaccordancewith paragraph 14.9.However,inno event shall theprojector portionthereof,bedeemed to be substantially completeduntilacertificateofoccupancyorcertificateofuseis lawfully issuedby the applicable governmental agency.Acertificateof Substantial Completion,issuedbythe CONSULTANT,shall benullandvoidifitisbasedon false,misleading orinaccurateinformation,fromanysource, Page42 of 72 ©Thomas F.Pepe,2014 4/28/2014 or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to adegreegreaterthanthat which would normally tobeconsideredbytheCitytobeminor"punchlist"work. Supplier Any personor organization who supplies materials or equipment fortheWork,including the fabrication ofanitem,butwhodoesnotperformlaboratthesiteoftheWork. Surety:The individual or entitywhoisanobligoronaBondandwhoisboundwiththeCONTRACTOR forthe full and faithful performanceofthe Contract andforthepaymentof all labor,servicesandmaterialsused on the project. Work:Anyandallobligations,dutiesand responsibilities necessaryforthesuccessfulperformanceand completion of the Contract. Notice:The term "Notice"as used herein shall mean and include all written notices,demands, instructions,claims,approvalsanddisapprovals required toobtaincompliancewith Contract requirements. Written noticeshallbedeemedtohavebeendulyservedifdeliveredinpersontothe individual or to amemberof thefirmortoanofficerofthe corporation forwhomitisintended,ortoanauthorized representative ofsuch individual,firm,or corporation,or ifdeliveredat or sent byregisteredmailto the lastknownbusinessaddress. Unless otherwise stated inwriting,anynoticeto or demandupontheOWNERunderthis Contract shallbe deliveredto the CityManagerand the CONSULTANT. ARTICLE 2-PRELIMINARY MATTERS Award: 2.1 TheCITY reserves the right to reject any and all Bids,at its sole discretion.Bidsshallbe awarded by the CITY to the lowest responsiveandresponsibleBidder.No Notice ofAwardshallbegivenuntilthe CITYhas concluded itsinvestigation,asitdeemsnecessary,toestablish,to the satisfactionof the CITY, whichBidderis the most responsive andresponsibleofall the Bidders to complete the Work within the time prescribed andin accordance with the Contract Documents.TheCITY reserves the right to reject theBidofanyBidderwhois not believed to be,in the solediscretionandsatisfactionof the City,tobe sufficiently responsible,qualified and financial abletoperform the work.In analyzing a Bid,the CITYmay also take into consideration alternate andunitprices,if requested by the Bidforms.If the Contract is awarded,the CITYshallissue the Notice of Award andgive the successfulBiddera Contract for execution withinninety(90)day after openingofBids. Execution of Contract: 2.2Atleastfour counterparts of the Contract thePerformanceandPaymentBond,the Certificatesof Insurance,the BinderofInsuranceifissued,theInsuranceDeclarationPageif not includedin the Policyof Insurance,the PolicyofInsurance required by the Contract Documents,the written noticeofdesignated supervisor or superintendent as provided inSection 6.1 of the General Conditions andsuch other Documents as required by the Contract Documents shallbe executed anddeliveredby CONTRACTOR to the CITYwithinten (10)calendardaysof receipt of the NoticeofAward.A Contract Document that requiresthesignatureofaparty maybe executed in counterparts separately byeachofthepartiesand,insuch event each counterpart separately executed shall,without proof or accountingfor the other counterpart be deemed anoriginal Contract Document Forfeitureof Bid Security/PerformanceandPayment Bond,ifanyarerequiredbytheapplicable RFP: 2.3Withinten (10)calendardaysofbeingnotifiedof the Award,CONTRACTOR shallfurnisha Performance BondandaPaymentBondcontainingalltheprovisionsofthePerformanceBondandPaymentBond attached. 2.3.1 EachBondshallbeintheamountofonehundred percent (100%)of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered insuch Contract aswellasfull payment ofallsuppliers,materialman,laborers,or Subcontractor employed pursuant to this Project EachBondshallbewithaSuretycompany whose qualifications meet the requirements ofSections2.3.4,2.3.5,and2.3.6. 2.3.2EachBondshallcontinueineffectforfiveyearafter final completionand acceptance ofthe Work with the liability equal to one hundred percent (100%)of the Contract Sum. 2.3.3Pursuanttothe requirements ofSection255.05(I),FloridaStatutes,CONTRACTOR shall ensure that the Bond(s)referenced aboveshallbe recorded in the public records ofMiami-Dade County andprovideCITYwithevidenceofsuchrecording. Page43of 72 ©Thomas F.Pepe,2014 4/28/2014 2.3.4 Each Bond must be executed bya surety company authorized to dobusinessin the State of Floridaasa surety,havinga resident agentin the State of Floridaandhaving been in business with arecordofsuccessful continuous operationforaleastfive(5)years. 2.3.5 The surety company shall holda current certificate of authority asacceptable surety onfederal bonds inaccordancewith the UnitedStates Department of Treasury Circular570,current revisions. 2.3.6TheCITY shall onlyberequiredtoacceptasuretybondfromacompanywitharatingA.VII or better. 2.3.7 Failure ofthesuccessfulBidderto execute anddeliverthe Contract anddelivertherequired bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and declare the Bidandany security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR representsthatithas familiarized itselfwith,andassumes full responsibility for having familiarized itselfwiththenatureand extent oftheContractDocuments,Work,locality,andwith all local conditionsand federal,stateand local laws,ordinance,rulesand regulations thatmayinanymanneraffect performanceofthe Work,andrepresentsthatithascorrelateditsstudyandobservationswiththe requirementsoftheContractDocuments.CONTRACTOR alsorepresentsthatithasstudied all surveys and investigations,reportsofsubsurfaceandlatent physical conditionsreferred to inthespecifications andmadesuch additional surveysand investigations asitdeemsnecessaryfortheperformanceofthe 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 starttoperformits obligations undertheContractDocumentsonthedatethe ContractTimecommencestorun.No Work shall bedoneatthesite (as defined inArticle I),priorto thedateonwhichtheContractTimecommencestorun,exceptwiththewrittenconsentoftheCITY. BeforeStarting Construction: 2.7 Before undertaking each partoftheWork,CONTRACTOR shall carefully study and compare the ContractDocumentsandcheckandverifypertinent figures shownthereon and all applicable field measurementsandconditions.It shall atoncereportinwritingto CONSULTANT anyconflicterror,or discrepancy whichitmay discover.NeithertheOWNERnortheCONSULTANT shall be liable forany harm,damage orloss suffered byCONTRACTORasaresultofits failure todiscoveranyconflicterror, or discrepancy inthe Drawings or Specifications nor shall the CONTRACTOR beentitletoany compensationforanyharm,damage orlosssufferedbythe CONTRACTOR duetoany conflict error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8Within Five (5)business days after delivery oftheNoticeto Proceed byCITYto CONTRACTOR, CONTRACTOR shall submitto CONSULTANT for approval,anestimatedconstructionschedule indicating thestartingandcompletiondatesofthevariousstagesofthe Work,andapreliminaryschedule ofShopDrawingsubmissions.The CONSULTANT shall approvethisscheduleorrequirerevisions thereto withinseven(7)calendardaysofitssubmittal.If there is more than one CONTRACTOR involvedin the Project the responsibilityforcoordinating the Work of all CONTRACTORS shallbe provided in the Special Conditions. 2.9Within five (5)businessdaysafterdeliveryoftheexecutedContractbyCITYto CONTRACTOR,but before starting the Work at the site,apre-construction conference shall beheld to review the above schedules,toestablishproceduresfor handling Shop Drawings and other submissions,andforprocessing ApplicationsforPaymentandto establish aworking understanding between thepartiesasto the Project Page44 of 72 ©ThomasF.Pepe,2014 4/28/2014 Present at the conference willbe the CITY'S representative,CONSULTANT,Resident Project Representatives,CONTRACTOR andits Superintendent Qualifications of Subcontractors.Material menandSuppliers: 2.10 Within five(5)businessdaysafterbidopening,theapparent lowest responsiveandresponsibleBidder shall submit to the CITY and the CONSULTANT for acceptance alist of the namesof Subcontractors andsuch other persons and organizations (including those who are to furnishprincipal items of materials or equipment)proposed for those portions of the Work as to which the identity of Subcontractors and other persons andorganizations must be submitted asspecifiedin the Contract Documents.Within thirty (30)calendardaysafterreceiving the list the CONSULTANT willnotify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor,person, or organization onsuch list The failure of the CITY or the CONSULTANT to make objection to any Subcontractor,person,ororganizationonthelistwithin thirty (30)calendardays of the receipt shall constitute an acceptance of such Subcontractor,person or organization.Acceptance of anysuch Subcontractor,person or organization shall not constitute awaiver of anyrightof the CITYor the CONSULTANT torejectdefective Work,materialor equipment orany Work,materialor equipment not in conformance with the requirements of the Contract Documents. 2.11 If,priorto the Notice of Award,the CITYor the CONSULTANT hasreasonable objection to any Subcontractor,person or organizationlisted,the apparentlowBiddermay,prior to Notice of Award, submit an acceptable substitute without anincreaseinitsbidprice. ARTICLE 3-CORRELATION.INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 Itis the intent of theSpecificationsandDrawingstodescribea complete Projecttobe constructed in accordance with the Contract Documents.The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR.They maybealteredonlybyamodificationasdefinedin Article I. 3.2The Contract Documents arecomplementary;whatiscalledforby one isasbindingasifcalledforbyall the documents.If CONTRACTOR findsa conflict error or discrepancyin the Contract Documents,it shall,before proceeding with the Work affected thereby,immediately callit to the CONSULTANTS attention inwriting.The various Contract Documents are complementary;incase of conflict error or discrepancy,the more stringent interpretation and requirement that shall provide the maximum benefit to the Owner shallapply 3.3The words "furnish"and"furnishand install","install",and "provide"or words withsimilarmeaningshall be interpreted,unless otherwise specifically stated,to mean"furnishandinstall complete inplaceand readyfor service". 3.4Miscellaneous items andaccessorieswhichare not specifically mentioned,but whichareessential to produce a complete and properly operating installation,or usable structure,providing the indicated functions,shallbefurnishedandinstalled without changein the Contract Price.Such miscellaneous items and accessories shallbe of the samequalitystandards,includingmaterial,style,finish,strength,class, weight and other applicablecharacteristics,asspecifiedfor the major component of which the miscellaneous item or accessory isanessentialpart,andshallbeapprovedby the CONSULTANT before installation.The above requirement is not intended to includemajor components not covered byor inferablefrom the DrawingsandSpecifications. 3.5The Work of all tradesunderthisContract shall becoordinatedbythe CONTRACTOR insucha mannerasobtain the best workmanship possiblefor the entire Project andall components of the Work shall beinstalled or erected inaccordancewith the best practices of the particulartrade. 3.6The CONTRACTOR shall beresponsibleformaking the constructionof habitable structures underthis ^Contract rainproof,andformaking equipment andutility installations properlyperformthespecified function.If the CONTRACTOR is prevented fromcomplyingwiththisprovisiondue to the Drawingsor Specifications,the CONTRACTOR shallimmediatelynotify the CONSULTANT inwriting of such limitations before proceedingwith construction inthearea where theproblemexists. 3.7 Manufacturer's literature,when referenced,shallbe dated and numbered andis intended to establish the minimum requirements acceptable.Whenever reference isgiventocodes,orstandardspecificationsor Page45 of 72 ©ThomasF.Pepe,2014 4/28/2014 3.9 3.10 3.11 Na^„lmPU,,^I regU'fting agendeS °r accePted "Swtatlons.including but not limited toNationalElectncalCode,applicable State Building Code.Florida Building Code Federal SScSons SEIS^^T?"^T inStitUte SPecificatio-.a"d *•like,it sha.fbe understood Schreference,s to the latest edition including addenda in effect on the date of the Bid reltedTr The^a^*"?***T -*«•are intended »*"«»'*.standard or qualityrequiredtortheparticularmaterialorproductTheterm"eniwl"or "<»...:„»!*.«."u j - •n <ff»qu*?.n cap***composition,finish,color .no octar applicable chareoSfc »Thf,n»S ^SSI£35?^?a"5%™^^CONSULTANT •»set forth in Section 9.3 below,^hf?T rT ha"3dV,Sed the CONSULTANT.prior to performing any work involving aconflictmtheContractDocumentsandtheCONSULTANTshallmakethefinaldecisionastowHofthedocumentsshatakeprecedence.In the event that there is aconflict betweenorlongtnt Contract ^SKtu,lateSt/e;r Sha!*•*and *«late"*«*"of the Cont™Documents T^efcSSiuJ"Se ?*f0"0Wing liSt °f Contract Documents as aguide.These documents are set£l h "„°rder °f th6ir Precedence *>**^1 the documents listed above agten doclentshouldhaveprecedenceoverallthedocumentslistedbelowitdocument (a)Amendments and Change Orders (b)AddendatoContract (c)Contract with all Exhibits thereto (d)Supplementary Conditions (e)Special Conditions (0GeneralConditions (g)Written or figured dimensions (h)Scaled dimensions (i)Drawings ofa larger scale (j)Drawings ofa smaller scale (k)Drawings and Specifications are to be considered complementary to each other ARTICLE 4-AVAILABILITY OF IAMDS SUBS1 iRFArP mMpmoNS BmatH^c or*^ Availability of I and*- 4.1 The:OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to CON°?RAc?Sr ^^aTS theret°'^SUCh 0ther 'ands Which are *k-E£«o £S2E^J!,f*e™T f°r Permanent stru«""*or permanent changes in existing facilities wHI be™t hP,,f°r bY.?6 T™*Un,eSS °therwise sPedfied in *.Contraa Document OherrcONTR^CTOR°r nghtS"0f"Way f°r *•CONTRACT°^convenience sha,l be the ^SbSJcI The CONTRACTOR shall provide for all additional lands and access thereto that may be required for 49 T^ZZZconstruction fecilities °r borage of material and equipment.*^ ibsurfacIt^a7no1osrn "*"*^*"""^C°pfeS °f a"avai,ab,e bound^«">»and Subsurface Conditions- 43 JJT,C04N,TRACI°R ackn,ow,edSes *«^has investigated prior to bidding and satisfied himself as to dtosal hZr T ^W°?inC'Uding bUt "0t Kmited to *«•b*a™*"Ron tranTpomtio;d.sposal.handhng and storage of materials,availability of labor,water,elec^ic power,road?and ©Thomas F.Pepe,2014 PaSe 4o of 72 4/28/2014 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 tothe 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 OWNER/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 toit 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 OWNER assumes no responsibility for any conclusions or interpretations made bythe CONTRACTOR onthe basis ofthe information made available by the OWNER/CONSULTANT. DifferingSite Conditions: 4.4 The CONTRACTOR shall within forty eight (48)hours of its discovery,and before such conditions are disturbed,notifytheCITYin 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 Workofthe character provided for in this ContractTheCITY shall promptly investigate the conditions,and ifit finds that such conditions do materially differ totheextentasto cause an increase or decrease intheCONTRACTOR'S costof,orthe time required for,performance of any part oftheWork under this Contract an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim ofthe 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 bythe City Manager orthe CONSULTANT. ARTICLE 5 -INSURANCE 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized todo business in the State of Florida as will protect the Contractor from claims as set forth below which may arise outofor result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyoneforwhoseactsanyofthemmaybe liable: 5.0.1 claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable tothe Work tobe performed; 5.0.2 claims for damages because of bodily injury,occupational sickness or disease,or death ofthe Contractor'semployees; 5.0.3 claims for damages because of bodily injury,sickness or disease,or death of any person other thantheContractor'semployees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 5.0.5 claims for damages,other than to the Work itself,because of injury toor destruction of tangible property,including lossofuse resulting there from; 5.0.6 claims for damages because of bodily injury,death ofa person or property damage arising out of ownership,maintenanceoruse of a motor vehicle; 5.0.7 claims for bodily injury or property damage arising outof completed operations;and 5.0.8 claims involving contractual liability insurance applicable tothe Contractor's obligations under the Contract Page 47 of 72 O'\tas8B&^.'5«pe,2014 4/28/2014 Contractor's LiabilityInsurance: 5 I CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by OWNER (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 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers'Compensation Law"ofthe State of Florida and all applicable federal laws.In addition,the policy(ies)must include:Employers'Liability at the statutory coverage amount The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Comprehensive General Liability insurance with broad form endorsement on a Florida approved form including automobile liability,completed operations and products liability,contractual liability, severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate,including: Personal Injury:$1,000,000; MedicalInsurance:$5,000 perperson; Property Damage:$500,000 each occurrence; Automobile Liability:$1,000,000 each accident/occurrence. 5.1.2.1 Umbrella Commercial Comprehensive General Liability insurance shall be written ona 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 ofthe Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include: (a)PremisesandOperation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract including any hold harmless and/or indemnification agreement (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal tothose required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.Umbrella coverage must be afforded on a form no more restrictivethanthelatesteditionofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththestateof Florida,and must include: (a)Owned Vehicles. (b)Hired andNon-Owned Vehicles (c)Employers'Non-Ownership 5.2 Before starting the Work,the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance,acceptable to the CITY,as well as the insurance binder,the declaration page and all applicable endorsements and policies of insurance 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 must remain in full force and effect for the duration ofthe contract period with the Owner.All insurance policies must be written on forms approved bythe State of Florida and they must remain in full force and effect for the duration of the contract period with the Owner.The CONTRACTOR must provide not only a "certified cop/'ofthe Binder but also the Policy,as defined in Article I above as well as the name,address and phone number ofthe agent and agency procuring the insurance.In addition,theCONTRACTOR shall deliver,atthetimeof delivery ofthe insurance certificate,an endorsement tothe policy naming theOwner as an additional named insured and an endorsement that requires the insurer to provide the OWNER with notice,as set forth below,of Page 48 of 72 ©Thomas F.Pepe,2014 4/28/2014 modification,lapse,termination or cancellation (including cancellation for non-payment of premium)of the policy 10 days prior to effective date ofthe modification,lapse,termination or cancellation,including cancellation for non-payment of premium.The notification shall bein writing and servedby certified mail, withproofof deliver,onthe OWNER.It shall bethe responsibility ofthe CONTRACTOR aswellasthe insurertonotifytheOwnerof modification,termination or cancellation,lapse or modification ofany insurance coverage or policiesinsuring the CONTRACTOR,whichrelate to the activities of such CONTRACTOR and the CityofSouth Miami.Therefore,the CONTRACTOR shalldeliver,at the time of delivery ofthe insurance policy,the following endorsements unless the policy contains substantially similarprovisions: (a)'The CityofSouth Miami isan additional insured.Theinsurer shall pay all sumsthattheCityofSouth Miami becomes legally obligatedtopayas damages becauseof 'bodily injury",'property damage*, or"personaland advertising injury"anditwillprovidetothe Owner all ofthecoveragethatis typically providedunderthe standard Florida approvedformsforcommercialgeneral liability coverage Aand coverage B"; (b)'This policy shall notbecancelled (including cancellation fornon-paymentofpremium),materially modifiedor terminated,without first giving the CityofSouth Miami ten (10)daysadvanced written notice of the intent to cancelor terminate the policyforanyreason." 5.3 SUBCONTRACTS:The CONTRACTOR agreesthatifanypartofthe Work underthe Contract is sublet the subcontract shall contain the sameinsuranceprovisionas set forthinsection 5.1 and5.2above andsubstituting the word SUBCONTRACTOR for the word CONTRACTOR andsubstituting the work CONTRACTOR for CITY or OWNER where applicable. Fireand Extended Coverage Insurance(Builders'Risk): 5.4 In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,with anInsurance Company or Insurance Companies acceptable to the CITY,Fire,Extended Coverage andVandalism&MaliciousMischiefInsuranceonbuildingsand structures,whilein the course of construction,includingfoundations,additions,attachments andall permanent fixtures belonging to and constituting apart of saidbuildings or structures.The policy or policiesshallalso cover machinery,if the cost of machineryisincludedin the Contract orif the machineryislocatedinabuilding that isbeing renovated byreason of this contract The amount of insurance must atall times beatleastequal to the actualcashvalue of the insured property.The policyshallbein the name of the OWNER and the CONTRACTOR,as their interest mayappear,andshallalso cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shallprovide the CITYwith evidence satisfactory to the CITY certifying that the foregoinginsuranceisinforce;andsuch evidence shallincludeprovisions that the insuranceshall not be canceled or materiallychangeduntilatleast 10 calendardaysprior written notice has been givenby the insurer to the OWNER by certified mail. Miscellaneous: 5.6Ifanynotice of cancellation of insuranceorchangeincoverageisissuedby the insurancecompanyor shouldanyinsurancehavean expiration date that will occur during the period of this contract the CONTRACTOR shallberesponsibleforsecuring other acceptableinsuranceprior to suchcancellation, change,or expiration soas to provide continuous coverageasspecifiedinthissectionandsoas to maintain coverage during the life of this Contract 5.7Alldeductibles must bedeclaredby the CONTRACTOR and must beapprovedby the CITY.At the option of the CITY,either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure aBond,inaformsatisfactory to the CITYcovering the same. 5.8The policies shall containwaiverof subrogation against Owner where applicable,shall expresslyprovide thatsuchpolicyorpoliciesareprimaryoverany other collectableinsurance that Owner mayhave.The City reserves the rightatany time to request acopy of the requiredpoliciesforreview.Allpoliciesshall containa "severability of interest"or "cross liability"clause without obligationfor premium payment of the OWNER. Page49 of 72 ©Thomas F.Pepe,2014 4/28/2014 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work.Itshallbesolely responsible for the means, methods,techniques,sequences and procedures of construction.The CONTRACTOR shall employ and maintainaqualified supervisor or superintendent (hereinafter referred to as "Supervisor"at the Work site who shallbedesignatedinwritingby the CONTRACTOR,before the CONTRACTOR commences the Work andwithin the time requiredby the Contract as the CONTRACTOR'S representative atthe site.TheSupervisororsodesignated shall have full authority to actonbehalf of the CONTRACTOR and all communicationsgiventotheSupervisor shall beasbindingasifgivento the CONTRACTOR.The Supervisors)shall be present ateachsiteat all timesasrequiredtoperformadequatesupervisionand coordination of the Work.(Copies of written communications given to the Supervisor shallbemailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keeponerecordcopyof all Specifications,Drawings,Addenda, Modifications andShopDrawingsatthesiteat all times andingood order andannotated to show allchangesmadeduringthe construction process.These shallbe available to the CONSULTANT andanyCITYRepresentativeatallreasonabletimes.Asetof"As-Built" drawings,aswellasthe original Specifications,Drawings,Addenda,Modifications andShop Drawingswithannotations,shall bemade available to theCityat all times andit shall be deliveredto the CITYuponcompletionof the Project Labor.Materialsand Equipment 6.2TheCONTRACTOR shall provide competent,suitably qualified personnel to lay outthe Work and performconstructionasrequiredbytheContractDocuments.It shall at all times maintain good disciplineand order at the site. 6.3TheCONTRACTOR shall furnish all materials,equipment labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,lightheat local telephone,waterand sanitary facilities and all other facilities and incidentals necessary fortheexecution,testing,initial operationand completion of the Work. 6.4All materials andequipment shall benew,exceptasotherwise provided intheContract Documents. When special makesor grades of material which are normally packaged bythe supplier or manufacturer are specified or approved,such materials shall be delivered tothesiteintheir original packages or containers with seals unbroken and labels intact 6.5All materials andequipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance withthe instructions ofthe applicable manufacturer,fabricator,or processors,exceptas otherwise provided in the Contract Documents. Materials.Equipment ProductsandSubstitutions: 6.6 Materials,equipment and products incorporated inthe Work mustbe approved forusebefore being purchasedby the CONTRACTOR.The CONTRACTOR shall submit to the CONSULTANT alist of proposed materials,equipmentorproducts,togetherwithsuchsamplesasmaybenecessaryforthemto determinetheir acceptability andobtaintheir approval,withinninety(90)calendar daysafteraward of Contractunlessotherwise stipulated inthe Special Conditions.Norequestforpaymentfor"or equal" equipment willbeapproveduntilthislisthasbeenreceivedandapprovedbythe CONSULTANT. 6.6.1 Whenever a material,articleorpieceof equipment isidentifiedonthe Drawings or Specifications byreferencetobrandnameor catalog number,it shall beunderstoodthatthisis referencedforthepurposeof defining theperformanceor other salientrequirementsandthat other products of equalcapacities,qualityandfunctionshallbe considered.The CONTRACTOR mayrecommendthesubstitutionofa material,article,orpieceofequipmentof equalsubstanceandfunctionfor those referredtoin the Contract Documents byreferenceto brandname or catalognumber,andif,intheopinion of the CONSULTANT,suchmaterial, article,orpiece of equipment isofequalsubstanceandfunction to thatspecified,the CONSULTANT mayapproveitssubstitutionanduseby the CONTRACTOR.Incidental Page50 of 72 ©Thomas F.Pepe,2014 4/28/2014 changes orextra component partsrequiredtoaccommodatethesubstitutewillbemadebythe CONTRACTOR without achangein the Contract Priceor the Contract Time. 6.6.2Nosubstitute shall beorderedor installed withoutthewritten approval ofthe CONSULTANT who shallbe the judgeofquality. 6.6.3Delaycausedbyobtaining approvals forsubstitute materials shall not beconsidered justifiable grounds foran extension of construction time. 6.6.4Shouldany Work or materials,equipmentorproductsnotconformtorequirementsofthe DrawingsandSpecifications or become damagedduring the progress of the Work,such Work ormaterialsshallbe removed andreplaced,together withany Work disarrangedbysuch alterations,atany time before completion andacceptance of the Project Allsuch Work shallbe done at the expense of the CONTRACTOR. 6.6.5Nomaterialsorsuppliesforthe Work shall bepurchasedby the CONTRACTOR orany Subcontractor subjecttoanychattelmortgageorunderaconditionalsaleor other agreementby whichan interest isretainedbythe Seller.The CONTRACTOR warrantsthattheyhavegood title to all materialsandsuppliesusedby them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor,against whom the CITY or the CONSULTANT mayhavereasonableobjection,norwillthe CONTRACTOR berequiredtoemployany Subcontractor who hasbeen accepted bytheCITYand the CONSULTANT,unless the CONSULTANT determines that there isgoodcausefordoingso. 6.8The CONTRACTOR shallbe fully responsiblefor all actsandomissions of itsSubcontractorsandof persons andorganizationsdirectlyorindirectly employed byitand of persons andorganizationsfor whose actsany of them maybe liable to thesame extent that they areresponsiblefor the actsand omissions of personsdirectlyemployedbythem.Nothinginthe Contract Documents shall createany contractualrelationship between OWNER or CONSULTANT andany Subcontractor or other personor organizationhavinga direct contract with CONTRACTOR,nor shallit create anyobligationon the part of OWNER or CONSULTANT to pay or to see to payment of any persons due subcontractor or other person or organization,except asmay otherwise be required bylaw.CITY or CONSULTANT may furnishtoany Subcontractor or other personororganization,to the extent practicable,evidenceof amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9Thedivisionsandsections of the Specifications and the identifications of anyDrawings shall notcontrol the CONTRACTOR individing the Work among Subcontractors or delineating the Work performed by anyspecific 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 OWNER. 6.11 All Work performed for the CONTRACTOR bya Subcontractor shall bepursuant to anappropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shallberesponsiblefor the coordination of the trades,Subcontractors materialand menengaged upon their Work. 6.12.1 The CONTRACTOR shallcauseappropriateprovisions to beinsertedin all subcontracts relativeto the Work to bindSubcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofaras applicable to the Work of Subcontractors,andgivethe CONTRACTOR thesame power asregardstoterminatingany subcontract that the OWNER mayexerciseoverthe CONTRACTOR underanyprovisions of the Contract Documents. 6.12.2 TheCITYor CONSULTANT willnotundertaketosettleanydifferences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 Ifin the opinion of the CONSULTANT,any Subcontractor on the Projectprovestobe incompetent or otherwise unsatisfactory,they shallbe promptly replacedby the CONTRACTOR ifandwhendirectedbythe CONSULTANT inwriting. ©Thomas F.Pepe,2014 4/28/2014 Page 51 of 72 6.12A Discrimination:Noaction shall betakenbytheany subcontractor withregardtothefulfilmentofthe terms of the subcontract includingthehiringand retention of employees for the performance of Work that woulddiscriminateagainstanypersonon the basis of race,color,creed,religion,nationalorigin,sex, age,sexual orientation,familial statusor disability.This paragraph shallbemadeapart of the subcontractor's contract with the Contractor. Patent FeesandRoyalties: 6.13 The CONTRACTOR shall pay all licensefeesandroyaltiesandassume all costsincidenttotheuseofany invention,design,processordevicewhichisthesubjectofpatentrightsorcopyrightsheldby others.He shall indemnifyandholdharmlessthe OWNER and the CONSULTANT andanyonedirectlyorindirectly employedbyeitherof them from against all claims,damages,lossesand expenses (including attorney's fees)arising out of anyinfringementofsuchrightsduringorafterthecompletionofthe Work,and shall defend all such claims inconnectionwithany alleged infringementofsuchrights. 6.14 The CONTRACTOR shall be responsible for determining the application ofpatentrightsand royalties materials,appliances,articlesorsystemspriorto bidding.However,he shall not beresponsibleforsuch determinationonsystemswhichdonotinvolvepurchasebythemofmaterials,appliances andarticles. Permits: 6.15 The CONTRACTOR shall secureandpayfor all constructionpermitsand licenses and shall payfor all governmentalchargesandinspectionfeesnecessaryfortheprosecutionofthe Work,whichare applicable atthetimeofhis Bid.When such charges arenormallymadebytheCITYandwhensostated in the Special Conditions,there willbeno charges tothe CONTRACTOR.TheCITY shall assistthe CONTRACTOR,whennecessary,in obtaining suchpermitsandlicenses.The CONTRACTOR shall also payallpublicutilitycharges. Electrical Powerand Lighting: 6.16 Electrical powerrequired during construction shall be provided byeachprime CONTRACTOR as required by it Thisservice shall be installed bya qualified electrical Contractorapprovedbythe CONSULTANT.Lighting shall beprovidedbythe CONTRACTOR in all spacesat all timeswhere necessary forgoodandproper workmanship,for inspection orfor safety.Notemporarypower shall be usedofftemporary lighting lines without specific approval ofthe CONTRACTOR. LawsandRegulations: 6.17 TheCONTRACTOR shall complywith all notices,laws,ordinances,rules and regulations applicable to the Work.Ifthe CONTRACTOR observesthatthe Specifications or Drawings areat variance therewith, it shall givetheCONSULTANTpromptwrittennoticethereof,andany necessary changes shall be adjustedbyan appropriate modification.Ifthe CONTRACTOR performsany Work knowingittobe contrary to suchlaws,ordinances,rulesandregulations,and without such notice to the CONSULTANT, it shall bear all costs arising there from;however,it shall notbeits primary responsibility tomakecertain thatthe Drawings and Specifications arein accordance withsuch laws,ordinances,rulesand regulations. Discrimination: 6.I7A Noaction shall betakenby the Contractor withregardtothefulfilment of the terms of the Contract including the hiringand retention of employeesfortheperformanceof Work thatwoulddiscriminate againstanypersonon the basis of race,color,creed,religion,nationalorigin,sex,age,sexual orientation, familial statusor disability. Taxes: 6.18 Cost of allapplicablesales,consumer use,and other taxes forwhich the CONTRACTOR isliableunder the Contract shall beincludedin the Contract Price statedby the CONTRACTOR. Page52 of 72 ©Thomas F.Pepe,2014 4/28/2014 SafetyandProtection: 6.19 The CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection withtheWork.They shall take all necessary precautions for the safety of, and shall providethe necessary protectiontoprevent damage,injury orlossto: 6.19.1 All employees and other persons,who may be affected thereby, 6.19.2 All theWork and all materials or equipment tobe incorporated therein,whether in storage on or off the site,and 6.19.3 Otherpropertyatthesiteor adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,structuresand utilities not designated for removal,relocation or replacement inthe course of construction. 6.20 The CONTRACTOR shall designate a responsible member oftheir organization atthesitewhoseduty shall bethe prevention of accidents.This person shall betheCONTRACTOR'S Superintendent unless otherwise designatedinwritingby the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons ortheWorkor property atthesiteor adjacent thereto, the CONTRACTOR,without specialinstructionorauthorizationfrom the CONSULTANT orCITY,is obligated to act athis discretion,topreventthreatened damage,injury or loss.He shall give the CONSULTANT promptwrittennoticeofany significant changes inthe Work or deviations fromthe ContractDocuments caused thereby.IftheCONTRACTOR believes that additional Work donebyhim inan emergency whicharosefromcausesbeyondhis control entitles him to anincreasein the Contract Price oranextensionoftheContractTime,hemaymakea claim therefore asprovidedinArticles 11 and 12. ShopDrawingsand Samples: 6.22 After checkingandverifying all field measurements,the CONTRACTOR shall submittothe CONSULTANTfor review,in accordance withthe accepted schedule ofshop drawing submissions,six (6)copies(orattheCONSULTANToption,one reproducible copy)of all Shop Drawings,which shall havebeencheckedbyandstampedwiththe approval ofthe CONTRACTOR.TheShop Drawings shall benumberedand identified astheCONSULTANTmayrequire.ThedatashownontheShop Drawings shall be complete with respect to dimensions,design criteria,materials of constructionandtheliketo enablethe CONSULTANT to reviewthe information withoutanyunnecessary investigation. 6.23 TheCONTRACTOR shall alsosubmittotheCONSULTANTfor review,with such promptness asto causenodelayin Work,all samplesrequiredbythe Contract Documents. Allsamples shall havebeencheckedbyandstampedwiththe approval ofthe CONTRACTOR,identified clearlyastomaterial,manufacturer,anypertinent catalog numbersand the useforwhichintended. 6.24Atthetimeof each submission,theCONTRACTOR shall notifytheCONSULTANT,in writing,ofany deviations betweentheShop Drawings or samples andtherequirementsoftheContractDocuments. 6.25 TheCONSULTANT shall reviewwith responsible promptness Shop Drawings and Samples,buthis review shall beonlyforconformancewiththe design conceptoftheProjectandfor compliance withthe information given intheContractDocuments.Thereviewofaseparateitemassuchwillnot indicate reviewofthe assembly inwhichtheitems functions.The CONTRACTOR shall makeany corrections required bytheCONSULTANTand shall returnthe required numberofcorrectedcopiesofShop Drawings andresubmitnew samples until thereviewis satisfactory totheCONSULTANT.The CONTRACTOR shall notifythe CONSULTANT,in writing,ofanypriorShop Drawing or revisions to Shop Drawings thatarein conflict with each submission or re-submission.The CONTRACTOR'S stamp of approval onanyShop Drawings or sample shall constitute representation totheCITYandthe CONSULTANTthattheCONTRACTOR has either determined and/or verified all quantities,dimension, field construction criteria,materials,catalog numbers and similar data orthey assume full responsibility fordoingso,andthattheyhavereviewedor coordinated eachShop Drawing or sample withthe requirements of the Work and the Contract Documents. 6.26No Work requiring a submittal ofaShop Drawing or sample shall becommenced until the submission has been reviewed and approved in writing bythe CONSULTANT.Acopyof each Shop Drawing and each Page53 of 72 ©Thomas F.Pepe,2014 4/28/2014 approvedsample shall bekeptingoodorder,ina book orbinder,in chronological order orinsuchother orderrequiredbythe CONSULTANT in writing,bythe CONTRACTOR atthesiteand shall be available to the CONSULTANT. 6.27The CONSULTANTS reviewofShop Drawings orsamples shall notrelievethe CONTRACTOR from his responsibility foranydeviationsfromtherequirementsoftheContractDocumentsunlessthe CONTRACTOR hasinformed the CONSULTANT,inwriting,to eachdeviationatthetimeof submissionand the CONSULTANT hasgiven written approvalto the specificdeviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR fromresponsibilityfor errors or omissions in the ShopDrawings or samples. 6.271 The CONTRACTOR shallbeliable to the OWNER foranyadditional cost or delay that iscausedbyits failure tonotify the CONSULTANT ofanyofsaiddeviationsorconflicts between ShopDrawingsordue to errors in the ShopDrawingsorsamples. CleaningUp: 6.28The CONTRACTOR shallcleanupbehindthe Work asmuchasisreasonablypossibleasthe Work progresses.Upon completion of the Work,and before acceptance of final payment for the Projectby the OWNER,the CONTRACTOR shall remove allhissurplusand discarded materials,excavated material andrubbishaswellasall other materialand equipment thatdoes not formapartof the Work,from the property,roadways,sidewalks,parkingareas,lawnandall adjacent property.Inaddition,the CONTRACTOR shallcleanhisportion of Work involvedinanybuilding under this Contract so that no furthercleaningby the OWNER isnecessaryprior to itsoccupancyandheshall restore all property,both publicandprivate,which has been disturbed or damagedduring the prosecution of the Work soas to leave the whole Work and Work Siteinaneatand presentable condition. 6.29If the CONTRACTOR does not clean the Work site,the CITYmayclean the Work Site of the materials referred to in paragraph 6.28andcharge the cost to the CONTRACTOR. Public Convenience andSafety: 6.30 The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to publictravel.The convenience of the generalpublicand of the residents along andadjacent to the area of Work shallbeprovidedforinasatisfactorymanner,consistent with the operationandlocalconditions."Street Closed"signs shall beplacedimmediatelyadjacent to the Work,in a conspicuous position,atsuchlocationsastraffic demands.At any time that streets are required to be closed,the CONTRACTOR shallnotifylaw enforcement agenciesandinparticular,the City of South Miami Police Department before the street isclosedand again as soon asitis opened.Access to fire hydrantsand other fireextinguishing equipment shall beprovidedandmaintainedatalltimes. SanitaryProvisions: 6.31 The CONTRACTOR shall provide on-site office,and necessary toilet facilities,secluded frompublic observation,foruse of allpersonnelon the Work Site,whether or not inhis employ.They shallbe kept inacleanandsanitary condition andshallcomplywith the requirements andregulations of the Public Authorities havingjurisdiction.They shall commit nopublicnuisance.Temporary fieldofficeandsanitary facilities shallbe removed upon completion of the Work and the premises shall beleftclean. Indemnification: 6.32 The CONTRACTOR shallindemnifyandholdharmless the OWNER and the CONSULTANT,aswellas theirofficers,agentsand employees oranyof them fromandagainstclaims,damages,lossesand expenses (including but not limited to attorneys'fees)received or sustained byany person or persons duringoron account of or arising out of any operations connected with the Work,but only to the extent causedin whole or inpartby the negligentactsoromissions of the CONTRACTOR,a Subcontractor, oranyonedirectlyorindirectlyemployedbythemoranyonefor whose acts they are liable.This indemnificationprovisioniscumulativewith all other remediesor other indemnificationprovisions containedin the Contract Documents.The CONTRACTOR shallpay all claimsandlosses of anykindor nature whatsoever,in connection therewith,includingthe CITY'S attorne/s feesand expenses in the Page54 of 72 ©Thomas F.Pepe,2014 4/28/2014 defense of any action in law orequity brought against theOwner arising from eitherthe negligent willful, wantonor intentional error,omission,oractoftheCONTRACTOR,itssub-contractoror assigns as wellas all oftheir agents,representatives or employees,incident to,arising outofor resulting from the performance oftheCONTRACTOR'S services underthis Agreement TheCONTRACTOR agrees and recognizes thattheOwner shall notbeheld liable or responsible forany claims,including thecostsand expenses of defendingsuchclaimswhichmayresultfromorarise out of actionsoromissions of the CONTRACTOR,its sub-contractor or assigns aswellas ail oftheir agents,representatives or employees. Inreviewing,approvingorrejectinganysubmissionsoractsofthe CONTRACTOR,the Owner inno wayassumesorsharesresponsibilityor liability ofthe CONTRACTOR,oritssub-contractoror assigns, oranyoftheiragents,representativesoremployees 6.33 In theeventthatany action or proceeding isbrought against OWNERorCONSULTANTby reason of anysuchclaimordemand,CONTRACTOR,upon written notice fromCITYshalldefendsuchactionor proceedingbycounselsatisfactory to CITY.Theindemnificationprovidedabove shall obligate CONTRACTOR todefendatitsownexpenseortoprovideforsuchdefense,atCITY'Soption,anyand all claims of liability and all suitsandactionsof every nameanddescriptionthatmaybebrought against OWNER or CONSULTANT,excludingonly those claimsthatallegethattheinjuriesarose out ofthe solenegligence of OWNER or CONSULTANT. 6.34The obligations ofthe CONTRACTOR under paragraph 6.33 shall notextendtothe liability ofthe CONSULTANT,itsagentsoremployees arising outof (a)the preparation or approval ofmaps,drawings, opinions,reports,surveys,Change Orders,designsorspecificationsor(b)the giving of or the failure to givedirectionsorinstructionsbythe CONSULTANT,itsagentsor employees providedsuchactor omission is the primarycause of injury or damage. 6.34AAlloftheforgoingindemnificationprovisions shall survive the term of the Contract to which these General Conditions area part Indemnification shall not exceed an amount equal to the totalvalueofall insurancecoveragerequiredbySection 5.1 ofthis document Indemnificationislimited to damagescaused in whole or inpartbyany act omission,ordefault of the Contractor,the Contractor's subcontractors, sub-subcontractors,materialmen,oragentsofanytierortheirrespective employees to the extent caused bythe negligence,recklessness,orintentionalwrongfulmisconduct of theindemnifyingpartyandpersons employed or utilizedby the indemnifyingpartyin the performance of the construction contract Responsibility for Connection to Existing Work: 6.35It shall be the responsibilityof the CONTRACTOR to connect its Work to eachpartoftheexisting Work,existingbuilding or structure or Work previouslyinstalledasrequiredby the Drawingsand Specifications to providea complete installation. 6.36 Excavations,grading,fill,storm drainage,paving andany other construction or installations inrights-of- ways of streets,highways,publiccarrierlines,utilitylines,either aerial,surfaceorsubsurface,etc.,shallbe doneinaccordancewith requirements of the special conditions.The OWNER willberesponsiblefor obtaining all permitsnecessaryforthe Work describedinthis paragraph 6.36.Uponcompletionofthe Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate,fromtheproper authorities,statingthat the Work hasbeendoneinaccordancewiththeirrequirements. 6.36.1 TheCITYwill cooperate withthe CONTRACTOR inobtainingactionfromanyutilitiesor public authorities involvedin the above requirements. 6.36.2The CONSULTANT shall beresponsiblefor obtaining elevationsofcurbsandgutters,pavement storm drainage structures,and other itemswhichmustbeestablishedbygovernmental departmentsassoonas grading operationsarebegunonthesiteand,inanycase,sufficiently earlyinthe construction periodtopreventanyadverseeffecton the Project Cooperation with Governmental Departments.Public Utilities.Etc.: 6.37The CONTRACTOR shall beresponsibleformaking all necessaryarrangementswithgovernmental departments,publicutilities,public carriers,servicecompaniesandcorporations(hereinafterreferredto as"third parties")owningor controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,and telegraph facilities suchaspavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,includingincidental structures connected therewith,that are encountered in the Work in order that Page55 of 72 ©Thomas F.Pepe,2014 4/28/2014 suchitemsareproperlyshored,supported and protected,thattheirlocationisidentifiedandtoobtain authority from these thirdpartiesforrelocationif the CONTRACTOR desires to relocate the item.The CONTRACTOR shallgiveall proper notices,shall comply withall requirements of suchthirdpartiesin the performance of his Work,shall permit entrance of suchthirdpartieson the Projectin order that they may perform their necessary work,andshallpayallchargesandfeesmadebysuchthirdpartiesfor their work. 6.37.1 The CONTRACTOR'S attention iscalled to the fact that there maybedelayson the Project due to work to be done by governmental departments,publicutilities,and others inrepairing or moving poles,conduits,etc.The CONTRACTOR shall cooperate with the above partiesin every way possible,so that the construction canbe completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and regulations which inany manner affect those engaged or employed in the Work,or materialsand equipment usein or upon the Work,or inany way affect the conduct of the Work,andnoplea of misunderstanding willbe considered on account of damageordelaycausedbyhisignorance thereof. Use Premises: 6.38 CONTRACTOR shall confineitsapparatus,storageofmaterials,and operations of its workmen to the limitsindicatedbylaw,ordinances,permitsanddirections of CONSULTANT andCITY,andshall not unnecessarily encumber anypart of the siteoranyareasoffsite. 6.38.1 CONTRACTOR shall not overloador permit anypart of any structure to beloaded with such weight aswill endanger itssafety,nor shallit subject any work to stresses or pressures that will endanger it 6.38.2 CONTRACTOR shallenforcetherulesandregulationpromulgatedby the CONSULTANT and OWNER aswellas their instructionswithregard to signs,advertisements,firesandsmoking. 6.38.3 CONTRACTOR shallarrangeand cooperate withCITYinroutingandparking of automobiles of its employees,subcontractors and other personnel,aswellas that of the materialdelivery trucks and other vehicles that come to the Projectsite. 6.38.4TheCitywilldesignatespecificareason the siteforstorage,parking,etc.and the jobsite shall be fenced to protect the jobsiteand the generalpublic. 6.38.5The CONTRACTOR shall furnish,install andmaintainadequate construction office facilities for all workers employed byitorbyits Subcontractors.Temporary officesshallbeprovidedand located where directed andapprovedby the CONSULTANT.Allsuch facilities shallbe furnishedin strict accordancewithexistinggoverningregulations.Field officesshallinclude telephone facilities. Protection of Existing Property Improvements: 6.39 Any existingsurfaceorsubsurfaceimprovements,suchaspavements,curbs,sidewalks,pipesorutilities, footings,or structures (including portions thereof),trees and shrubbery,not indicatedon the Drawings or noted in the Specificationsasbeing removed oralteredshallbe protected fromdamageduring construction of the Project Any such improvements damagedduring construction of the Projectshallbe restored at the expense of the CONTRACTOR to a condition equal to that existingat the time of award of Contract ARTICLE 7-WORK BY OTHERS 7.1 The CITYmay perform additional Work related to theProjectormaylet other direct contracts therefor which shall contain General Conditions similar to these.The CONTRACTOR shall afford the other contractors who areparties to such direct contracts (or the OWNER,ifitis performing the additional Work itself),reasonable opportunity for the introduction andstorage of materialsand equipment and the execution of Work,andshall properly connect and coordinate its Work with theirs. 7.2Ifanypart of the CONTRACTOR'S Work dependsupon proper execution orresults of the Work ofany other contractor or the OWNER,the CONTRACTOR shall promptly report to the CONSULTANT in Page 56 of 72 ©Thomas F.Pepe,2014 4/28/2014 writing any defects or deficiencies insuch Work that render it unsuitable for the CONTRACTOR'S Work. 7.3 The CONTRACTOR shall do all cutting,fitting and patching oftheWorkthat may be required to make itsseveralpartscometogetherproperlyandfittoreceiveorbereceivedbysuch other Work.The CONTRACTOR shall not endanger any Work ofothersby cutting,excavating orotherwise altering their Work andshallonlycut or altertheir Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4Iftheperformanceof additional Work by other contractorsorthe OWNER isnotnotedintheContract Documentspriortotheexecutionoffthe Contract writtennotice thereof shall be given tothe CONTRACTOR priortostartinganysuch additional Work.Ifthe CONTRACTOR believesthatthe performance of such additional Work bythe OWNER or others willcausethe CONTRACTOR additional expenseorentitleshimtoanextensionoftheContractTime,hemaymakea claim therefore as provided in Articles 11 and 12. 7.5 Where practicable,the CONTRACTOR shall build aroundthe work ofotherseparatecontractorsor shall leavechases,slotsandholesasrequiredtoreceiveandtoconcealwithinthe general construction Work the work ofsuch other separatecontractorsasdirectedbythem.Where suchchases,slots,etc., areimpracticable,the Work shallrequirespecificapproval of the CONSULTANT. 7.6 Necessary chases,slots,andholesnotbuiltorleftbythe CONTRACTOR shall becutbythe separate contractor requiringsuchalterationsafterapproval of the CONTRACTOR.The CONTRACTOR shall do all patching and finishing oftheworkofothercontractorswhereitiscutbythemandsuch patching and finishing shallbeat the expense of CONTRACTOR 7.7 Cooperationisrequiredin the useofsite facilities andin 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 delayin the execution thereof. 7.8 Each of several contractorsworkingonthe Project Site shall keepthemselvesinformedofthe progress of the work of other contractors.Shouldlackofprogressordefectiveworkmanshiponthepartof other contractorsinterferewith the CONTRACTOR'S operations,the CONTRACTOR shall notifythe CONSULTANT immediatelyandinwriting.Lackofsuchnotice to the CONSULTANT shall be construedasacceptanceby the CONTRACTOR ofthestatus of the work of other contractorsasbeing satisfactoryfor proper coordination of CONTRACTOR'S own Work. 7.9Thecostofextra Work resulting fromlackofnotice,untimelynotice,failure torespondtonotice, Defective Work or lack of coordination shall be the CONTRACTOR'S cost. 7.10 TheCITYreservestherightintheeventthe CONTRACTOR cannotprovideanitem(s)orservice(s)ina timelymannerasrequested,to obtainthegoodand/orservicesfrom other sourcesanddeductingthe cost from the Contract Price without violatingtheintentofthe Contract ARTICLE 8-CITY'S RESPONSIBILITIES 8.1 TheCITYwillissue all communicationstothe CONTRACTOR throughthe CONSULTANT. 8.2 In cases ofterminationofemploymentoftheCONSULTANT,theCITYwillappointa CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3TheCITY shall promptly furnish thedatarequiredofthemundertheContractDocuments. 8.4The CITY'S duties inrespectto providing lands and easements areset forth in Paragraphs 4.1 and 4.2. 8.5TheCITY shall havetherighttotake possession of and useanycompletedor partially completed portionsofthe Work,notwithstanding the fact thatthetimeforcompletingtheentire Work orany portion thereof may not haveexpired;butsuchtakingpossessionanduse shall not be deemed an acceptance of any Work not completed inaccordancewith the Contract Documents. ARTICLE 9 -CONSULTANTS'STATUS DURING CONSTRUCTION City's Representative: 9.1 TheCONSULTANT shall bethe CITY'S representative during the construction period.Thedutiesand responsibilities andthe limitations ofauthorityoftheCONSULTANTastheCITY'S representative during Page 57 of 72 ©ThomasF.Pepe,2014 4/28/2014 construction are set forthin Articles I through 16 of these General Conditions andshall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision,in matters relating to aesthetics,shallbe final,if within the terms of the Contract Documents. 9.1.2 Except asmaybe otherwise providedinthis contract allclaims,counterclaims,disputesand other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof,shallbe decided ina court of competent jurisdiction within the State of Florida. Visits to Site: 9.2The CONSULTANT shall provideaninspectortomakeperiodicvisitstothesiteateachphase of construction to observe the progress andquality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents.His efforts shallbe directed toward providing assurancefor the OWNER andallapplicableregulatoryagencies that construction isincompliancewith the Construction Documents andapplicablelaws,rulesandregulations.On the basis of these onsite- observations asan experienced andqualifieddesignprofessional,heshallkeep the CITY informed of the progress of the Work andshallguard the OWNER against defects anddeficienciesin the Work of CONTRACTOR. Clarificationsand Interpretations: 9.3The CONSULTANT shall issue,withreasonablepromptness,such written clarifications orinterpretations ofthe Contract Documents (in the formof Drawings or otherwise)asitmay determine necessary,which shall be consistent with,orreasonablyinferablefrom,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 berequired to submit a timely claimasprovidedin Articles 11 and 12. Measurement of Quantities: 9.4All Work completedundertheContract shall bemeasuredbythe CONSULTANT according tothe UnitedStatesStandardMeasures.Alllinearsurface measurements shall bemadehorizontallyorvertically as required by the item measured. Rejecting Defective Work: 9.5The CONSULTANT shall haveauthoritytodisapproveorreject Work thatis"Defective Work"as definedinArticle I.It shall alsohaveauthoritytorequire special inspectionortestingofthe Work including Work fabricated onoroffsite,installed or completed asprovided.In the event that the CONSULTANT requirestestingofcompleted Work,thecostofsuchinspectionsand/ortesting shall be approvedinwritingby the CITY.Allconsequential cost of such inspections andtesting,includingbut not limited to the cost of testing andinspection,the cost of repairingany of the Work,or the work of others, the cost to move furnitureand equipment and/orthe cost toprovidealternative facilities until the repair work canbe completed,shallpaidby the CONTRACTOR if the Work isfound to be Defective Work. ShopDrawings.Change Orders andPayments: 9.6Inconnectionwith the CONSULTANT responsibilityas to ShopDrawingsandsamples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In connection with the CONSULTANTS responsibilityforChange Orders seeArticles 10,II,and 12. 9.8 In connection with the CONSULTANT responsibilitieswith respect to the Applicationfor Payment etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter oftheConstruction Documents. Page58 of 72 ©Thomas F.Pepe,2014 4/28/2014 LimitationsonConsultant'sResponsibilities: 9.11 The CONSULTANT will notbe responsible for the construction means,methods,techniques,sequences orprocedures,or the safetyprecautionsandprogramsincident thereto. 9.12 The CONSULTANT will notbe responsible for the acts or omissions ofthe CONTRACTOR,or any Subcontractors,oranyoftheiragent servants or employees,oranyotherperson performing anyofthe Work under or through them. ARTICLE 10 -CHANGES IN THE WORK 10.1 Without invalidating the Contract theCITY may,atanytimeorfromtimetotime,order additions, deletionsor revisions inortothe Work which shall onlybeauthorizedbyawritten Change Orders. UponreceiptofaChangeOrder,the CONTRACTOR shall proceedwiththe Work involved.Allsuch Work shall beperformedunderthe applicable conditions oftheContractDocuments.Ifany authorized written Change Order causesanincrease or decrease in the Contract Price or an extension or shorteningoftheContractTime,an equitable adjustment will bemadeasprovidedinArticle 11 or Article 12.AwrittenChangeOrder signed bytheCITYandthe CONTRACTOR indicates their agreementtothetermsoftheChangeOrder.AllChangeOrders shall becertifiedbythe CONSULTANTastothe appropriateness and value ofthe change inthe Work aswellastoany change in the time to complete the Work under the circumstances.The failure to includea time extension in theChangeOrderorintherequestfora change order shall resultinawaiverofanyextensionoftime due to the changein the work asreflectedin the ChangeOrder. 10.2 TheCONSULTANTmayauthorizeminor changes or alterations inthe Work not involving extracost and not inconsistent with the overall intent of the Contract Documents without the need for a formal writtenChange Order provided the CONTRACTOR does not request additional timeor additional compensation.These maybe accomplished bya written Field Order.If the CONTRACTOR believes thatanychangeoralterationauthorizedbythe CONSULTANT'S Field Order wouldentitlesthe CONTRACTOR to an increase in the Contract Price or extension of Contract Time,it must submit a written notice of intent todemandaChange Order within twenty four(24)hours of theissuanceofthe Field Order andsubmita written proposalforChange Order withinfour(4)daysthereafter,otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performedbythe CONTRACTOR without authorization ofawritten Change Order shall notentitleittoanincreaseintheContract Price oranextensionoftheContractTime,exceptin thecaseofanemergencyasprovidedin paragraph 6.22andexceptasprovidedin paragraph 10.2. 10.4 TheCITY will execute appropriate Change Orders prepared bytheCONSULTANT covering changes in the Work,tobeperformedasprovidedin paragraph 4.4,and Work performedinanemergencyas providedin paragraph 6.22andany other claim ofthe CONTRACTOR forachangeintheContractTime orthe Contract Price whichisapprovedbythe CONSULTANT. 10.5 ItistheCONTRACTOR'S responsibility tonotifyitsSuretyofany changes affecting the general scopeof the Work or change intheContract Price orContractTimeandtheamountofthe applicable bonds shall beadjusted accordingly.The CONTRACTOR shall furnish proofofsuchanadjustment to theCITY beforecommencementofthe Change OrderWork.The Work shall bestopped until the CONTRACTOR provides suchproofof adjustment inthe Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE I I.I The Contract Price constitutes thetotal compensation payable totheCONTRACTORfor Performing the Work.Allduties,responsibilities and obligations assigned toorundertakenbythe CONTRACTOR shall beatits expense without changing theContract Price. 11.2 TheCITY may,atanytime,withoutwritten notice tothe sureties,bywrittenorder designated or indicated tobeaChangeOrder,makeany change inthe Work withinthe general scopeofthe Contract including but not limited to changes to orin: 11.2.1 Specifications (including drawings and designs); 11.2.2 Methodormannerofperformanceofthe Work. 11.2.3 CITY-furnished facilities,equipment materials,services,orsite;or Page 59 of 72 ©Thomas F.Pepe,2014 4/28/2014 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided inthis section,or sections referred to inthis section,no order,statement or conduct of the CITY shallbe treated asaChange Order or entitle the CONTRACTOR to anequitable adjustment unlessanduntil the changein the Work isspecificallyand expressly providedforina written Change Order,or as otherwise provided in another section of the Contract Documents. 11.4 When aChange Order isissuedby the CONSULTANT andsignedby the CITYorissuedby the CITYin writing,the CONTRACTOR shall perform the Work evenif the CONTRACTOR does not agreewith the dollar amount of the Change Order.IfanyChange Order causesanincrease or decrease in the CONTRACTOR'S cost of,orthetimerequiredfor,theperformanceofanypart of the Work underthis Contract forwhich the CITYand the CONTRACTOR cannot reachatimely agreement anequitable adjustment basedon the cost of the Work shallbemadeand the Contract modifiedaccordingly. 11.5 If the CONTRACTOR intendstoassertaclaimforanequitable adjustment or contest the equitable adjustment madeby the CONSULTANT,it shall,within ten (10)calendardaysafter receipt ofa written Change Order,submit to the CITYand CONSULTANT a written noticeincludinga statement setting forththegeneralnatureand monetary extent of suchclaimforequitable adjustment time extension requested and supporting data.In determining the cost of the Change Order,the costs shallbelimited to those listed in section 11.7 and 11.8. 11.6 Noclaimby the CONTRACTOR foranequitable adjustment hereunder shallbeallowedif not submitted inaccordance with this section orifassertedafter final payment underthis Contract. 11.7 Thevalueofany Work coveredbyaChange Order or of anyclaimforanincreaseordecreasein the Contract Price shall bedeterminedinoneofthe following ways: 11.7.1 By negotiated lumpsum. 11.7.2 Onthebasis of thereasonable cost and savings thatresultsfromthechangeinthe Work plusa mutuallyagreeduponfee to the CONTRACTOR to cover overheadandprofit not to exceed 15%.If the CONTRACTOR disagreeswith the CONSULTANTS determination ofreasonable costs,the CONTRACT shallprovidealistof all costs together withbackup documentation 11.8 The term cost of the Work meansthesumof all directextracostsnecessarilyincurredandpaidbythe CONTRACTOR in the properperformanceoftheChangeOrder.Exceptas otherwise maybeagreed toinwritingbyCITY,such costs shallbein amounts nohigherthan those prevailinginMiami-Dade County andshallincludeonly the followingitems: 11.8.1 Payroll costsforemployeesin the directemployof CONTRACTOR in theperformanceofthe Work describedin the Change Order underschedules of job classifications agreeduponbyCITY and CONTRACTOR.Payroll costsfor employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs shallbelimitedto: salariesandwages,plus the costsof fringe benefitswhich shall includesocialsecurity contributions,unemployment exciseandpayrolltaxes,workers'compensation,healthand retirement benefits,sickleave,vacationandholidaypay applicable thereto.Such employees shall include superintendents andforemenat the site.The expenses of performing Work after regular working hours,onSundayor legal holidays shall beincludedin the aboveonlyif authorized by CITY andprovideditwas not inanyway,whether in whole orinpart the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those actingby or through him or duein whole orinpart to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materialsand equipment furnishedandincorporatedinthe Work,includingcostsof transportation andstorage,andmanufacturers'fieldservicesrequiredin connection therewith. The CONTRACTOR shall notify the CITY of allcash discounts that are available and offer the CITY the opportunity to deposit fundswith the CONTRACTOR for the payment foritemsthat offer a discount Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR withwhich to makepaymentsinwhichcases the cash discounts shallaccrue to the OWNER.All trade discounts,rebates and refunds,andall returns fromsale of surplus materialsand equipment shallaccrue to OWNER,and CONTRACTOR shallmakeprovisionsso that they maybe obtained. Page 60 of 72 ©Thomas F.Pepe,2014 4/28/2014 11.8.3 Payments made byCONTRACTORtothe Subcontractors forWork performed by Subcontractors.If required byCITY,CONTRACTOR shall obtain competitivebidsfrom Subcontractors acceptable to himand shall deliversuchbids to CITY who will then determine, withtheadviceoftheCONSULTANT,which Bids willbeaccepted.Nosubcontract shall bea costpluscontract unless approved inwritingbytheCITY.Ifa Subcontract provides thatthe Subcontractoristobe paid onthe basis ofCostof Work plusafee,thecostofthe Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery,except hand tools,and the parts thereof whetherrented from CONTRACTORorothersin accordance with rental agreements approvedbyCITYwiththe advice ofCONSULTANT,andthecostsof transportation,loading, unloading,installation,dismantlingandremoval thereof -allin accordance with terms of said rentalagreements.Therentalofanysuchequipment,machineryorparts shall ceasewhenthe use thereof isnolonger necessary for the Work. 11.8.5 Sales,useor similar taxes related totheWork,and for which CONTRACTORis liable,imposed byanygovernmentalauthority. 11.8.6 Payments andfeesforpermitsand licenses.Costsforpermitsand licenses mustbeshownasa separate item. 11.8.7 The cost ofutilities,fueland sanitary facilities atthesite. 11.8.8 Minor expensessuchas telegrams,long distance telephone calls,telephone service atthesite, expressage andsimilar petty cash items in connection with the Work. 11.8.9 Costof premiums for additional Bonds and insurance required solely because of changes inthe Work,not to exceed two percent (2%)of the increasein the Cost of the Work. 11.9 ThetermCostofthe Work shall NOT include anyofthe following: 11.9.1 Payroll costsandother compensation of CONTRACTOR'S officers,executives,principals (of partnership and sole proprietorships),general managers,engineers,architects,estimators,* lawyers,agents,expediters,timekeepers,clerksandother personnel employedby CONTRACTOR whether atthesiteorinits principal ora branch officefor general administration of the Work and not specifically includedintheschedulereferred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal andbranchoffices other thanitsofficeat the site. 11.9.3 AnypartofCONTRACTOR'S capital expenses,including interestonCONTRACTOR'S capital employedforthe Work and charges against CONTRACTOR fordelinquentpayments. 11.9.4 Costofpremiumsfor all bondsandfor all insurance policies whether ornot CONTRACTOR is requiredbytheContractDocumentsto purchase and maintain thesame(exceptasotherwise providedin Subparagraph 11.8.9). 11.9.5 Costsduetothe negligence ofCONTRACTOR,any Subcontractor,oranyone directly or indirectly employedbyanyofthemorforwhoseactsanyofthemmaybe liable,including but not limited to,thecorrectionof defective work,disposal of materials orequipmentwrongly suppliedandmakinggoodanydamage to property. 11.9.6 Other overhead or general expensecostsofany kind and thecostsof any itemnot specifically and expressly includedin Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price;orifnone can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (nottoexceed 15%). 11.11 The amount of credit tobe allowed by CONTRACTOR toOWNER for any such change which results in a net decrease in cost willbe the amount of the actual net decrease in costs calculated in the same mannerasprovidedin 11.8.When both additions andcreditsareinvolvedinanyone change,thenet shall becomputedtoincludeoverheadandprofit identified separately,forboth additions and credit provided however,theCONTRACTOR shall notbe entitled to claim lost profits forany Work not performed. Page 61 of 72 ©ThomasF.Pepe,2014 4/28/2014 ARTICLE 12 -TIME FOR COMPLETION.LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Timeisoftheessencetothiscontractandthedateof beginning andthetimeforcompletion of the Work areessential conditions of the Contract Therefore,the Work shallbe commenced on the datespecified intheNoticetoProceedand completed withinthetimespecifiedforcompletionofthework. 12.2 The CONTRACTOR shall proceedwiththe Work atsuchrateofprogresstoensure full completion withinthe Contract Time.Itisexpresslyunderstoodandagreed,byand between the CONTRACTOR andthe OWNER,thattheContractTimeforthecompletionofthe Work describedhereinisa reasonabletime,takingintoconsiderationtheaverageclimaticand economic conditionsand other factors prevailing in the localityof the Work.No extension of timeshallbegranteddue conditions thatthe Contractor knewoforshouldhaveknownofbefore bidding ontheprojectorduetoinclementweather, except as provided in section 12.7. 12.3 Ifthe CONTRACTOR shall fail tocompletethe Work withintheContractTime,orextensionoftime grantedbytheCITY,thenthe CONTRACTOR shall paytothe OWNER theamountof liquidated damages asspecifiedintheContractDocumentsforeachcalendardayafterthescheduleddatefor completion asadjustedby written ChangeOrders that extended the completion date. 12.3.1 Theseamountsare not penaltiesbutare liquidated damages incurredbythe OWNER forits inability toobtain full useoftheProject.Liquidated damagesareherebyfixedandagreedupon between theparties,recognizingtheimpossibilityofpreciselyascertaining the amount of damagesthatwillbesustainedasaconsequenceofsuchdelay,andbothpartiesdesiring to obviateany question ordisputeconcerningthe amount ofsaiddamagesand the cost and effect ofthe failure of CONTRACTOR tocompletetheContractontime.Theabove-stated liquidated damages shall applyseparatelytoeachphase of the Projectforwhichatimefor completion is given. 12.3.2 CITYisauthorized to deductthe liquidated damages frommoniesdueto CONTRACTOR for the Work under this Contract 12.4 TheContractTimemayonlybe changed byawritten Change Order.Any claim foranextensioninthe CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5)businessdaysoftheoccurrenceoftheevent giving risetothe claim andstatingthe general nature ofthe claim including supporting data.All claims foradjustmentintheContractTime shall be evaluated andrecommendedbytheCONSULTANT,with final approval bytheCITY'Srepresentative.Any change intheContractTimeresultingfromanysuch claim shall beincorporatedinawrittenChangeOrder. 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 beforethe expiration of fourteen (14)calendar daysafterdemandhasbeenmadeinwritingto the CONSULTANT forsuch Drawings.Furthermore,there shall benomonetarycompensationforsuchdelayandthe CONTRACTOR'S soleremedy shall beanextensionoftimefortheperiodof delay. 12.7 ExtensionstotheContractTimefor delays causedbytheeffectsofinclementweather shall not be grantedunless the weather wasunusualforSouth Florida andcould not havebeenanticipated,the abnormal weather is documented byrecordsfromthe national weather serviceand the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 NoDamagesfor Delay:The CONTRACTOR agreesthathe shall nothaveanyclaimfor damages dueto delayunlessthedelay exceeds 6months,whether individually or cumulatively,andthen the damages shall belimitedtoincreased cost of materialsthat were unanticipatedandthatwould not havebeenincurred butfor the delay.Other thanas set forthabove,theonly remedy foranydelay shall belimitedtoan extension of time asprovidedforinSection 12.4 which shall be the soleandexclusive remedy forsuch resulting delay.Other thanas set forthabove,CONTRACTOR shall not be entitled to an increase in the Contract Priceor payment orcompensation of anykindfrom OWNER for direct indirect consequential, impact or other costs,expenses or damages,including but not limited to,costs of acceleration or inefficiency,overhead or lostprofits,arising becauseofdelay,disruption,interference orhindrancefrom anycause whatsoever,whether suchdelay,disruption,interference or hindrancebereasonableor unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable. 12.9 The CONTRACTOR waivesallclaimsthatare not presentedtotheCityinwritingonorbeforethe 21rt dayfollowing the date of the event uponwhich the claimisbased. Page 62 of 72 ©Thomas F.Pepe,2014 4/28/2014 ARTICLE 13 -GUARANTEE 13.1 TheCONTRACTOR shall guarantee and unconditionally warrantthrougheitherthe manufacturer orthe CONTRACTOR directly,all materials and equipment furnished and Work performed forpatent Defective Work foraperiodofone(I)yearfromthedateof Final Acceptanceas indicated inthe CONSULTANT LetterofRecommendationofAcceptanceorfromthedatewhenthedefectwasfirst observable,whicheveris later.Thesame guarantee and unconditional warranty shall beextendfor five (5)yearsfromthedateof Final Acceptanceasindicatedinthe CONSULTANT Letterof RecommendationofAcceptanceforlatentDefective Work.TheCITYwillgivenoticeofobserved defectswithreasonable promptness.In the event that the CONTRACTOR should fail to commence to correctsuchDefective Work withinten (10)calendar daysafter having receivedwrittennoticeofthe defect orshouldthe CONTRACTOR commencethecorrectivework,but fail toprosecutethe corrective work continuouslyand diligently andin accordance withtheContractDocuments,applicable law,rulesandregulations,theCITYmaydeclarean event of default terminatethe Contract inwholeor inpartandcausetheDefective Work toberemovedor corrected andto complete the Work atthe CONTRACTOR'Sexpense,andtheCITY shall charge the CONTRACTOR thecostthereby incurred. The Performance Bond shall remainin full forceandeffectthroughthe guarantee period. 13.2 The specific warranty periods listed inthe Contract Documents,if different from the period oftime listed inSection 13.1,shalltake precedence over Section 13.1. 13.3 CONTRACTOR shall actasagentona limited basis fortheOWNER,atthe CITY'S option,solely for the follow-up concerning warranty compliance for all itemsunder manufacturer's Warranty/Guarantee andforthepurpose of completing all formsforWarranty/Guaranteecoverageunderthis Contract 13.4 In caseof default bytheCONTRACTOR,theCityofSouth Miami mayprocurethe articles orservices from other sourcesandhold the CONTRACTOR responsibleforanyexcesscostsoccasionedor incurred thereby. 13.5 TheCITYmaywithholdacceptanceof,orrejectitemswhicharefoundupon examination,notto meet thespecification requirements.Upon written notification of rejection,items shall be removed withinfive (5)business days bythe CONTRACTOR athisownexpenseand redelivered athisexpense.Rejected goodsleftlongerthanthirty(30)calendar days shall be regarded as abandoned andtheCity shall havethe righttodisposeofthemasitsownpropertyandthe CONTRACTOR therebywaivesany claim tothe goodortocompensationofanykind.Rejectionfornon-conformanceor failure to meet delivery schedulesmayresultin the Contract beingfoundin defaultARTICLE 14 -PAYMENTS AND COMPLETION Payments to Contractor 14.1 TheContractor shall notbeentitledtoanymoneyforany work performedbeforethe issuance ofa Noticeto Proceed ontheform described intheContractDocumentsandthe issuance bytheCityofa "purchase order",or any other document does not andshall not authorize the commencement of the Work.At leastten (10)calendardaysbeforeeachprogresspayment falls due(butnot more oftenthan onceamonth),the CONTRACTOR shall submittothe CONSULTANT a partial paymentestimate filled outand signed bytheCONTRACTOR covering the Work performed during the period coveredbythe partial paymentestimateandsupportedbysuch data astheCONSULTANTmay reasonably require.All progresspayment applications after the firstprogresspayment shall be accompanied by partial releasesof lien executed by all persons,firmsandcorporationswhohave furnished labor,servicesor materials incorporatedintothe work duringtheperiodoftimeforwhichthepreviousprogresspaymentwasmade, releasing suchclaimsandlienrights,ifany,of those persons. Ifpaymentisrequestedonthe basis of materials andequipmentnot incorporated inthe Work but delivered and suitably storedatornearsite,the partial payment estimate shall also be accompanied by suchsupportingdata,satisfactory to theCITY,whichestablishes the OWNER'S title to the materialand equipmentaswellascertificatesof insurance providing coveragefor 100%ofthevalueof said material andequipmentcoveringthematerialandequipmentfrom all casualties aswellastheft,vandalism,fireand flood.The CONTRACTOR shall replaceatitsexpenseanystored materials paid forwhichareeither damaged orstolenbefore installation.TheCONSULTANT will within ten (10)calendar days after receiptofeach partial payment estimate,either certifying in writing its approval ofpaymentandpresent the partial paymentestimatetotheOWNER,orreturnthe partial paymentestimatetothe Page 63 of 72 ©ThomasF.Pepe,2014 4/28/2014 CONTRACTOR,indicating inwritinghisreasonsfor refusing toapprovepayment In thelattercase,the CONTRACTOR maymakethenecessarycorrectionsandresubmitthe partial paymentestimate.The OWNER,will withinthirty(30)calendar days of presentation toitofanyapproved partial payment estimate,paythe CONTRACTOR aprogresspaymentonthe basis oftheapproved partial payment estimate.The OWNER shall retainten (10%)percentoftheamountofeachpaymentuntil Final CompletionandAcceptanceof all Work coveredbytheContractDocuments.Anyinterestearnedon the retainageshallaccrue to the benefit of the OWNER. 14.2 TheCONTRACTOR,beforeit shall receive final payment shall deliver totheCITYaContractor's Final Payment Affidavit as set forthin the Florida Construction Lien Statute aswellas final releases of lien executedby all personswhohaveperformedor furnished labor,servicesor materials,directly or indirectly,whichwasincorporatedintothe Work.Ifanypersonrefusestoprovidesucha release or provides a conditional release,theCITY shall have therighttoissueajointcheckmade payable tothe CONTRACTOR andsuchperson. Contractor's Warranty of Title 14.3 TheCONTRACTOR warrants and guarantees thattitleto all Work,materials and equipment covered by an Application for Payment whethertheWork,material or equipment is incorporated inthe Project or not shall have passed totheOWNERpriortothe making ofthe Application forPaymentfree and clear of all liens,claims,securityinterestand encumbrances (hereafterinthese General Conditionsreferredto as "Liens");and thatnoWork,materials or equipment covered by an Application for Payment will have been acquired bythe CONTRACTOR orbyanyotherperson performing the Work atthesiteor furnishing materials and equipmentfortheProjectunderor pursuant toanagreementunderwhichan interestthereinor encumbrance thereonis retained bythesellerorotherwiseimposedbythe CONTRACTOR orsuch other person. Approval of Payment 14.4 The CONSULTANTS approval of any payment requested in an Application for Payment shall constitute a representation byhim to the CITY,basedon the CONSULTANTS on site observations of the Work in progress asanexperienced professional andonhisreviewofthe Application for Payment and supporting data,thatthe Work has progressed tothepoint indicated inthe Application for Payment;thattothe besthis knowledge,information and belief,the quality ofthe Work isin accordance withtheContract Documents (subject to an evaluation oftheWorkasa functioning Project upon substantial completion as defined in Article I,tothe results of any subsequent tests called for inthe Contract Documents and any qualifications statedinhis approval);and thattheCONTRACTORis entitled to payment oftheamount approved.However,by approving,anysuch payment theCONSULTANT shall nottherebybedeemed to have represented thathe made exhaustive or continuous on-site observations tocheckthe quality or the quantity oftheWork,orthathe has reviewed the means,methods,techniques,sequences and procedures of construction orthathe had made any examination to ascertain howorforwhat purpose the CONTRACTOR hasusedthemoneys paid ortobe paid tohimonaccountoftheContract Price,or thattitletoany Work,materials,orequipmenthas passed tothe OWNER freeandclearofany liens.14.5 The CONTRACTOR shall makethe following certification oneachrequestfor payment: "Iherebycertifythatthe labor and materials listed onthisrequestforpaymenthavebeenusedinthe constructionofthis Work andthat all materials included inthisrequestforpaymentandnotyet incorporated intotheconstructionarenowonthesiteorstoredatan approved location,andpayment receivedfromthelastrequestforpaymenthasbeenusedtomakepaymentsto all hisSubcontractors and suppliers,except fortheamountslistedbelowbesidethenamesofthepersonswhoperformedwork or supplied materials". In theeventthatthe CONTRACTOR withholdspaymentfromaSubcontractoror Supplier,thesame amountofmoney shall bewithheldfromtheCONTRACTOR'Spaymentuntiltheissueisresolvedby writtenagreement between them andthenajointcheck shall bemade payable to thepersoninquestion andthe CONTRACTOR in accordance withthe settlement agreement otherwisethemoney shall be heldbythe OWNER untilajudgmentisenteredin favor ofthe CONTRACTOR ortheperson,inwhich Page64 of 72 ©ThomasF.Pepe,2014 4/28/2014 casethemoney shall be paid according with said judgment.Nothing contained herein shall indicate an intenttobenefitanythirdpersonswhoarenotsignatoriestothe Contract 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if,in its opinion,it is unable to make such representations tothe OWNER as required this Section 14.It may also refuse to approve any payment,orit may void any prior payment application certification because of subsequently discovered evidence orthe results of subsequent inspection or tests to such extent as may be necessary inits opinion to protect the OWNER fromloss because: 14.6.1 of Defective Work,or completed Work has been damaged requiring correction or replacement 14.6.2 theWorkfor which paymentisrequestedcannotbe verified, 14.6.3 claims of Liens have been filed or received,orthere is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Pricehasbeenreducedbecauseofmodifications, 14.6.5 the CITY hascorrect Defective Workor completed theWorkin accordance with Article 13. 14.6.6 of unsatisfactory prosecution ofthe 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 onthe Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable bythe CONTRACTOR,or 14.6.9 ofany other violation of,or failure to comply with provisions oftheContract Documents. 14.7 Prior to Final Acceptance the OWNER,with the approval ofthe CONSULTANT,may use any completed or substantially completedportionsoftheWorkprovidedsuchusedoesnotinterferewiththe CONTRACTOR'S completion ofthe 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 notbeconstruedas relieving the CONTRACTOR ofthesole responsibility forthecare and protection ofthe Work,orthe restoration of any damaged Work except suchasmaybecausedbyagentsoremployeesoftheOWNER. 14.9 Upon completion andacceptanceoftheWorkthe CONSULTANT shall issueaCertificateattachedto the Final Application for Payment thattheWorkhasbeenacceptedbyitunderthe conditions ofthe Contract Documents.Theentire balance found tobeduethe CONTRACTOR,including the retained percentages,butexcept such sums as may be lawfully retained bythe OWNER,shall be paid tothe CONTRACTOR within thirty(30)calendar days of completion and acceptance oftheWork. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner.The Bank of America ePayables Solution isan automated card payment process that shifts accounts payable disbursements tocorporate purchasing cards.ePayables,streamline the process of making payments toyour organization going forward,theCity will provide the CONTRACTOR witha creditcardaccountnumbertokeepon file.This cardhas unique security features,with$0of available funds until an invoice is approved for payment After an invoice has received proper and complete approval,an electronic remittance advicewillbe sent via e-mail,or fax,whichnotifies the CONTRACTOR that the fundshavebeen transferred into the account linked to the cardfor the amount listed onthe invoice and/or remittance email.Please refertothe ePayables Questions &Answers Form contained in this RFP or contact the OWNER'S Finance department at (305)663-6343 with any questions. Acceptanceof Final PaymentasRelease 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release tothe OWNER and a waiver of all claims and all liability tothe CONTRACTOR other than claims previously filed and unresolved.Thewaiver shall include all things doneor furnished in connection withtheWork and for every act and neglect ofthe OWNER and others relating toor arising outof this Work.Any payment however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations undertheContract Documents orthe Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion ofthe Workas may be necessary in his opinion toprotectthe OWNER from loss ifhe determines,because of subsequently discovered evidence orthe results of subsequent inspection ortests,that: Page65 of 72 ©ThomasF.Pepe,2014 4/28/2014 14.12.1 the Work is defective,orthatthecompleted Work hasbeen damaged duetothe fault ofthe CONTRACTOR orany individual orentityoperatingunderorthroughit requiring correction orreplacementtothe extent thattheprojectisnolonger Substantially Completed,orinthe caseof Final Completion certification,isnolonger Finally Competed. 14.12.2 the Work necessary tobe completed forthe purpose of certifying theworkas being Substantially Completed or Finally Completedcannotbeverified, 14.12.3 claims or Liens havebeen filed or received,orthereis reasonable evidence indicating the probable filing orreceiptthereofthatif valid and paid,wouldreducetheamountowingtothe CONTRACTOR BY20%inthecaseof Substantial Completionand5%inthecaseof Final Completion. 14.12.5 thereis Defective Work the value of which,ifdeductedfromthecontract price wouldreduce theamountowingtotheCONTRACTORBY 20%inthecaseof Substantial Completion and 5% in the case of Final Completion. 14.13 If the CONSULTANT de-certifies any portion oftheWorkthat was certified ("Initial Certification")bythe CONSULTANT,theCONTRACTOR shall repay totheCityofSouth Miami anymoney paid asaresult of said Initial Certification beingissuedwhich shall be paid onlywhenthedecertified work isre-certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may,at any time and without cause,suspend theWorkor any portion thereof for a period of not morethanninety(90)calendardaysbynoticeinwriting to the CONTRACTOR andthe CONSULTANT,which shallfix the date on which Work shall be resumed.The CONTRACTOR shall be allowed an increase inthe Contract Price or an extension ofthe Contract Time,orboth,directly attributabletoanysuspensionandifa claim istimelymadeandifitisallowedunderthetermsofArticles II or Article 12. City May Terminate 15.2 Ifthe CONTRACTOR is adjudged bankrupt or insolvent orifhe makes a general assignment for the benefit ofits creditors,orifatrusteeor receiver is appointed for theCONTRACTORorfor any its property,orifhe files a petition totake advantage ofanydebtor'sactorto reorganize under bankruptcy or similar laws,orifherepeatedly fails tosupplysufficient skilled workmen orsuitable materials or equipment orifhe repeatedly fails tomake prompt payments to Subcontractors orforlabor,materialsor equipmentorhe disregards laws,ordinances,rules,regulations orordersofany public body having jurisdiction,orifhe disregards the authority ofthe CONSULTANT,orifhe otherwise violates any provision of,theContract Documents,thentheCITY may,without prejudice toanyother right or remedyandafter giving theCONTRACTORandtheSuretyseven(7)calendar days writtennotice, terminatetheservicesof the CONTRACTOR andtakepossessionoftheProjectandof all materials, equipment tools,constructionequipmentandmachinery thereon ownedbythe CONTRACTOR,and finish the Work bywhatevermethoditmaydeem expedient In suchcasethe CONTRACTOR shall not be entitled toreceiveanyfurther payment until the Work is finished.Ifthe unpaid balance ofthe Contract Price exceedsthedirect and indirect costsof completing the Project,including compensation for additional professional services,suchexcess shall be paid tothe CONTRACTOR.Ifsuchcosts exceedsuch unpaid balance,the CONTRACTOR ortheSuretyonthe Performance Bond shall paythe difference totheOWNER.Such costs incurred bytheOWNER shall bedeterminedbythe CONSULTANT andincorporatedinaChangeOrder. Ifafter termination oftheCONTRACTORunderthis Section,itisdeterminedbyacourtofcompetent jurisdiction foranyreasonthatthe CONTRACTOR wasnotin default,therightsand obligations ofthe OWNER andthe CONTRACTOR shall bethesameasiftheterminationhadbeenissuedpursuantto Section 15.5 15.3 WheretheCONTRACTOR'S services have beensoterminatedbytheCITY said termination shall not affectany rights ofthe OWNER against the CONTRACTOR thenexistingorwhichmaythereafter accrue.Any retention orpaymentofmoneysbythe OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability. Page66 of 72 ©ThomasF.Pepe,2014 4/28/2014 15.4 Uponseven(7)calendar days writtennoticetothe CONTRACTOR andtheCONSULTANT,theCITY may,without cause andwithout prejudice toanyother right orremedy,electtoterminatetheContract for the convenience ofthe OWNER.In such case,the CONTRACTOR shall be paid for all Work executed and accepted bythe CITY as ofthe date ofthe termination,minus any deduction for damage or Defective Work.No payment shall be made for profit forWork which has notbeen performed. I5.4A 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 costfromtheContract Price without violating theintentoftheContract. RemovalofEquipment 15.5 In the case of termination of this Contract before completion for any cause whatever,the CONTRACTOR,if notified todosobythe CITY,shall promptly remove any part or all ofits equipment andsuppliesfromthe property of the OWNER.Shouldthe CONTRACTOR not remove such equipment and supplies,theCITY shall have the right toremovethemattheexpenseofthe CONTRACTOR and the CONTRACTOR agrees thatthe OWNER shall notbe liable for loss or damage tosuchequipmentor supplies.Equipment and supplies shall notbeconstruedtoincludesuchitemsfor whichthe CONTRACTOR hasbeen paid inwholeorinpart Contractor MayStop Work or Terminate 15.6 If,through no act or fault ofthe CONTRACTOR,theWorkis suspended for a period ofmore than ninety (90)calendar days bytheCITYorbyorderofother public authority,orunderanorderofcourt orthe CONSULTANT fails toacton any Application for Payment within thirty (30)calendar days after it is submitted,ortheOWNER fails to pay theCONTRACTORanysum approved bythe CONSULTANT, within thirty (30)calendar days ofits approval,and presentation,thenthe CONTRACTOR may,upon twenty (20)calendardays written noticetotheCITYand the CONSULTANT,terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20)calendar day time frame.If timely remedied bythe CITY the Contract shall notbe considered terminated.In lieu of terminating the ContractiftheCONSULTANT has failed toacton an Application for Payment ortheOWNER has failed to make any payment as afore said,the CONTRACTOR may upon ten (10)calendar days'noticetothe CITY and theCONSULTANTstopthe Work until it has been paid all amountsthendue. Indemnification ofIndependentConsultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that ifthe CONSULTANT is an independent contractor ofthe OWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents oronthe performance ofthe CONTRACTOR orthe OWNER pursuant tothe terms ofthe Contract Documents.Therefore,the OWNER,atthe CONSULTANT'S request agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold theCONSULTANT harmless asto any decision inthis regard beforetheCONSULTANTmakes an interpretation,de-certifies a payment application,decertifies Substantial Completion,decertifies Final Completion,certifies an eventof default,or approves any action which requires the approval ofthe CONSULTANT. ARTICLE 16 -MISCELLANEOUS 16.1 Whenever any provision ofthe Contraa Documents requires the giving of written notice it shall be deemedto have been validly given if delivered in person tothe individual ortoamemberofthe firm or to an officer ofthe corporation for whom it is intended,orif delivered atorsentby registered or certified mail,postageprepaid,tothelastknownbusinessaddress. 16.2 The Contract Documents shall remain the property ofthe OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record setofthe Contract Documents upon completion of the Projea. 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 bythe Contract Page 67 of 72 ©ThomasF.Pepe,2014 4/28/2014 Documents and the rightsand remedies available to the OWNER and CONSULTANT thereunder,shall beinadditionto,and shall not beconstruedinanywayasalimitationof,anyrightsandremedies available bylaw,byspecialguaranteeorby other provisionsof the Contract Documents. 16.4 Shouldthe OWNER orthe CONTRACTOR sufferinjuryor damage toitspersonorpropertybecauseof any error,omission,oract of the other or of anyof their employees oragentsor others for whose acts theyare legally liable,claim shall bemadeinwritingtothe other partywithin twenty one (21)calendar days of the firstobservanceofsuchinjuryor damage. ARTICLE 17 -WAIVER OFJURYTRIAL 17.1 OWNER and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waiveanyrighteither mayhavetoatrialbyjuryinStateor Federal Courtproceedingsinrespect to anyaction,proceeding, lawsuitorcounterclaim arising out oftheContractDocumentsortheperformanceofthe Work thereunder. ARTICLE 18 -ATTORNEYS FEES JURISDICTION/VENUE/GOVERNING LAW 18.1 TheContract shall beconstruedinaccordancewithandgovernedbythelawof the Stateof Florida. 18.2 The parties submittothe jurisdiction ofanycourtof competent jurisdiction in Florida regarding any claim oractionarising out of orrelatingtothe Contraa or Contraa Documents.Venue of anyactionto enforce the Contract shall bein Miami-Dade County,Florida. 18.3 IfeithertheCITYor CONTRACTOR seekstoenforcethetermsoftheContractbycourt proceedings, the prevailing party shall beentitledtorecover all suchcostsandexpenses,including,butnotlimitedto, court costs,andreasonable attorney's fees. 18.4 Exceptasmaybeotherwiseprovidedinthe Contraa Documents,all claims,counterclaims,disputesand other mattersinquestion between the OWNER andthe CONTRACTOR arising out oforrelatingto this Contract or thebreach thereof,shall bedecidedina court of competent jurisdictionwithintheState of Florida. ARTICLE 19 -PROJECTRECORDS 19.1 TheCITY shall haverighttoinspectandcopy during regular businesshoursat OWNER'S expense,the booksandrecordsandaccountsof CONTRACTOR whichrelateinanyway to theProjectand to any claimforadditional compensation madeby CONTRACTOR,and to conduct anaudit of the financial and accounting records of CONTRACTOR whichrelate to the Project.CONTRACTOR shallretainand make available to CITY all such books and records and accounts,financial or otherwise,which relate to theProjectand to anyclaimforaperiod of three (3)yearsfollowing final completion of the Project During the Projea and the three (3)yearperiodfollowing final completion of the Project CONTRACTOR shall provideCITYaccess to its books andrecordsuponfive(5)businessday's written notice. 19.2 CONTRACTOR andall of its subcontraaors arerequired to complywiththepublicrecordslaw (s.l 19.0701)whileprovidingservicesonbehalfofthe OWNER and the CONTRACTOR,undersuch conditions,shall incorporate this paragraph inallofits subcontracts forthis Project CONTRACTOR andits subcontraaors are specifically requiredto:(a)Keepandmaintainpublic records that ordinarily andnecessarily would berequiredby the publicagencyin order to perform the service;(b)Provide the public with access to public records on the same terms and conditions that the publicagency would provide the records andata cost that does not exceed the cost provided inthis chapter or as otherwise providedbylaw;(c)Ensure that public records that are exempt orconfidentialand exempt frompublic records disclosure requirements are not disclosed except as authorized bylaw;and(d)Meet all requirements forretainingpublic records and transfer,atno cost to the publicagencyallpublic records in possession of the contractor upon termination of the contract and destroy anyduplicatepublic records that are exempt or confidentialand exempt frompublic records disclosure requirements.All records stored electronically must beprovidedtothe public agencyinaformatthatiscompatiblewiththe information technology systems of the publicagency. Page 68 of 72 ©Thomas F.Pepe,2014 4/28/2014 19.3 If CONTRACCTOR orits subcontraaor does not comply with a public records requestthe CITY shall have the right toenforcethiscontract provision by specific performance and the person who violates this provision shall be liable toOWNERforitscostsof enforcing this provision,including attorney fees incurred in all proceedings,whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.1 If any provision ofthe Contraa orthe application thereof to any person or situation shall to any extent be held invalid or unenforceable,the remainder oftheContract and the application of such provisions to persons or situations other than those as to which itshall have been held invalid or unenforceable shall not beaffected thereby,and shall continue in full forceand effect andbe enforced to the fullest extent permitted bylaw. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contraa.Services provided bythe CONTRACTOR shall beby employees ofthe CONTRACTOR and subject to supervision bythe CONTRACTOR,and notas officers,employees,or agents oftheOWNER.Personnel policies,tax responsibilities,social security and health insurance,employee benefits,purchasing policies and other similar administrative procedures,applicable toservicesrenderedundertheContract shall bethoseof the CONTRACTOR. ARTICLE 22 -ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign the performance,duties,obligations and responsibilities required bytheContraawithout prior written consent ofthe City.CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent ofthe City.The City will not unreasonably withhold and/or delay its consent tothe assignment ofthe 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 ofthe City's requirements tothe City's sole satisfaaion, executes all oftheContraa Documents thatwere required tobeexecutedbythe CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach ofthe Agreement bythe assignee. IN WITNESS WHEREOF,the parties hereto have executed tte General Conditionstosinclusionaspartofth/Ccfntrjact Documents on this y**day oyJ f\jfa<fflN ,20/*/.GeneralConditionstoacknowledgetheir AUTHENTICATION: Signatui Read Legality, Signal ©ThomasF.Pepe,2014 4/28/2014 Title: OWNER:CITY OF SOUTH MIAMI Steven Alexa. City^Matfager Page69 of 72 Supplementary Conditions Sunset Drive Downtown Median A.Consultant:In accordancewithARTICLE I oftheGeneralConditions CONSULTANT isdefinedasthe the person identified as the CONSULTANT in the Supplementary Conditions orif none,then CITY's designated representative as identified in the Supplementary Conditions.The CONSULTANT'S,if any,and the City's Designated Representative's name,address,telephonenumberand facsimile numberareas follows: Consultant City's Designated Representative RicardoA.Ayala,P.E. Capital Improvement ProjectManager 4795 SW 75 Ave 400 Miami,Fl.33155 Phone 305-403-2072 Fax 305-668-7208 B.SupplementalDefinition:Work that does not conform to the Contraa Documents includes work that is unsatisfaaory,faulty,or deficient orthatdoesnotmeetthe requirements of any applicable inspeaion,reference standard,test or approval referred to in theContraa Documents,or has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility forthe protection thereof has been assumedinwritingbyCITY). C.Termination or Substitution:Nothing herein shall prevent the CITY from terminating the services ofthe CONSULTANTorfrom substituting another"person"asto aa astheCONSULTANT. D.Disputes:If any dispute concerning a question offaa arises undertheContractotherthan termination for default or convenience,theCONTRACTOR and thecity department responsible forthe administration ofthe Contraa shall make a good faith effort to resolve the dispute.If the dispute cannot be resolved by agreement thenthe department with the advice ofthe City Attorney and the CONSULTANT shall rule onthe disputed issue and send a written copyofits decision tothe CONTRACTOR,which shall be binding onboth parties. E.Non-conformance toContractTheCityof South Miami may withhold acceptance of,orrejea items which are found upon examination,nottomeetthe specification requirements or conform tothe plans and drawings.Upon written notification of rejeaion,items shall be removed or uninstalled within five (5)business days bythe CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense.Rejeaed goods left longer than thirty (30)calendar days shall be regarded as abandoned and the CITY shall have the right to dispose ofthemasitsown property and the CONTRACTOR thereby waives any claim tothe good orto compensation ofany kind for said goods.Rejeaionfor non-conformance or failure tomeet delivery schedules mayresultinthe CONTRACTOR beingfoundin default F.Default Provision:In case of default bythe CONTRACTOR,theCityof South Miami may procure the articles or services fromothersources and holdtheCONTRACTOR responsible foranyexcesscosts occasioned orincurred thereby G.Secondary/OtherContraaors:TheCITYreservestherightintheeventthe CONTRACTOR cannot provideanitem(s)or service(s)inatimelymannerasrequested,toobtainthegoodand/or services fromother sourcesanddeduaingthecostfromthe Contraa Price without violating theintentofthe Contract H.Assignment:The CONTRACTOR shall nottransferor assign anyofits rights or duties,obligations and responsibilities arising undertheterms,conditions and provisions ofthis Contraa withoutpriorwrittenconsent oftheCity Manager..TheCITY will not unreasonably withhold and/or delay itsconsenttothe assignment of Page70 of 72 ©Thomas F.Pepe,2014 4/28/2014 the CONTRACTOR'S rights.TheCITYmay,initssoleandabsolutediscretion,refusetoallowthe CONTRACTOR to assign itsduties,obligations and responsibilities.In anyevent,theCITY shall notconsentto such assignment unless CONTRACTOR remains jointly and severally liable forany breach oftheAgreementby the assignee,theassignee meets all oftheCITY'srequirements to theCITY'ssolesatisfactionand executes all of the Contraa Documentsthatwererequiredtobeexecutedbythe CONTRACTOR.. I.Plans for Construction:The successful CONTRACTOR rwill be furnished four sets of Contraa Documents without charge.Any additional copiesrequiredwillbe furnished tothe CONTRACTOR atacostto the CONTRACTOR equaltothe reproduaion cost. J.Warranty/Guarantee:CONTRACTOR shall aa as agent,ona limited basis forthe OWNER,solely for the follow-up concerning warranty compliance for all itemsunder manufaaurer's Warranty/Guarantee and forthe purposeofcompleting all formsforWarranty/Guaranteecoverageunderthis Contract IN WITNESS WHEREOF,the parties heretojiave executed the;Supplementary Conditions to acknowledge theirinclusionaspartofti)AContraa on this 9**day of J^U/fttfj ^/O20 A/, WITNESSES: AUTHENTICATION: Signati City Clerk Read and Approved astd^FoVm,Languag Legality,and Exeowti^nJJieregf: Signature: ©ThomasF.Pepe,2014 4/28/2014 CONTRACTOR Signatun Name: 9^3°^^AjX^* Title:^r^^ctx^dt • OWNER:CITY OF S Signature: END OF SECTION Page 71 of 72 TO: NOTICE TO PROCEED Sunset Drive Downtown Median DATE: PROJECT DESCRIPTION:«PROJECT»in accordance with Plans andContract Documents as may be prepared inwhole or in part by<>. Youarehereby notified tocommence Work inaccordancewiththe Contract dated onorbefore .Youaretocompletetheworkwithin30 days.Thedateof completionofall Work is thereforeL^^ Cityof South Mi; ACCEPTANCE OF NOTICE Receiptof the aboveNotice to Proceedisherebyacknowledgedby onthisdayof ,20. BY: TITLE: ©ThomasF.Pepe,2014 4/28/2014 END OF DOCUMENT Page72of72 acord CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder isan ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION ISWAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder inlieu of such endorsement(s). PRODUCER Eastern Insurance Group,Inc. 9570 SW 107 Avenue Suite 104 Miami FL 33176 NAME?CTDavid M-Lopez fflr?&.™(305)595-3323 {**No,(305,595-7135 address:csr@easterninsurance.net INSURER(S)AFFORDING COVERAGE NAIC# insurer a Mid-Continent Casualty Company INSURED Maggolc,Inc. 11020 SW 55 Street Miami FL 33165 insurerbMapfre Insurance Co.of Florida insurer cCastlePoint Florida Insurance insurer d Assurance Company of America INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER**aster 14-15 REVISION NUMBER: THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICHTHIS CERTIFICATE MAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREIN IS SUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE |X1OCCUR XCU coverage included GEN*L AGGREGATE LIMIT APPLIES PER: POLICY n?FR&I IlOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE ADDLISUBR 'NSR WVP POUCY NUMBER 04-GL-000886108 4150130008652 PEP RETENTIONS 10,000 04 XS 182687 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y.N ANY PROPRIETOR/PARTNER/EXECUTIVE |1 OFFICER/MEMBEREXCLUDED? (Mandatory in NH)'' If yes,describe under DESCRIPTION OF OPERATIONS below Rented/Leased Equipment Scheduled Equipment N/A WCP760908402 EC69044826 EC69044826 POUCY EFF POLICY EXP (MM/DD/YYYY)(MM/DD/YYYY) 9/22/2013 9/22/2014 7/17/2014 7/17/2015 9/22/2013 9/22/2014 9/22/2013 9/22/2014 11/2/2013 11/2/2014 11/2/2013 11/2/2014 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101,Additional Remarks Schedule,ifmorespaceis required) Asphalt paving,concrete construction and drainage construction City of South MiamiandMiamiDade County are listed asan additional named insured and shall be provided written notice 30 days before modification of this policy or cancellation for nonpayment of premium or otherwise.Coverage as an additional insured is provided if required by written contract. CERTIFICATE HOLDER CANCELLATION LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP(Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILYINJURY (Per person) BODILYINJURY(Per accident) PROPERTY DAMAGE (Per accident) Hired Auto EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS E.L EACH ACCIDENT OTH- E.L.DISEASE -EA EMPLOYEE E.L DISEASE -POUCY LIMIT 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 $250,000 $111,834 City of South Miami Building &Zoning Department 6130 Sunset Drive Miami,FL 33143 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD25(2010/05). INS025 remnnfi)m AUTHORIZED REPRESENTATIVE David Lopez /AMANDA ©1988-2010 ACORDCORPORATION.All rights reserved. Tho AHHRn namo and \r\r\c\aro ronietoroH marlrc nf AHORn SouuT Miami TMF CITY OF PtlASANT LIVING ADDENDUM No.#1 Project Name:Sunset Drive Downtown Median RFP NO.PW2014-05 Date:June 27,2014 Sent:Fax/E-mail/webpage Thisaddendumsubmissionisissuedtoclarify,supplementand/ormodifythepreviouslyissued Requestfor Qualifications (RFQ)Documents,andisherebymadepart of the Documents.All requirements ofthe Documents not modified herein shall remain infull force andeffectas originally setforth.Itshallbethesole responsibility ofthebiddertosecure Addendums that maybeissuedfora specific solicitation. Question #1: Please explain the responsibility ofthe Contractor asit relates tothe installation ofthe irrigation meter. Answer to Question #1: Miami-Dade CountyWaterandSewer (WASD)willinstallthemeter.The Contractor must prepare the site,digthe trench and cover the trench with a plate until WASD completes the installation of the meter.The Contractor must coordinate with WASD for the meter installation and incorporate thework performed by WASD intothe project timeline. Question #2: Whichpermitsarerequiredtobepulledbythe Contractor? Answer to Question #2: All permits are tobe pulled and applied for by the Contractor.Permit fees will be waived for all City of South Miami permits.The Contractor will be responsible for permit fi^fes]associated with this project that are required by other government agencies or entities.* Page1 of2 DetailbyEntity Name Detail by Entity Name Florida Profit Corporation MAGGOLC,INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 11020 SW 55 STREET MIAMI,FL33165 Mailing Address P05000085356 203345775 06/14/2005 FL ACTIVE NAME CHANGE AMENDMENT 10/13/2005 NONE 11020 SW 55 STREET MIAMI,FL 33165 Registered Agent Name &Address GONZALEZ,MARIOH 11020 SW 55 STREET MIAMI,FL 33165 Officer/Director Detail Name &Address Title D GONZALEZ,MARIOH 11020 SW 55 STREET MIAMI,FL 33165 Annual Reports Report Year 2012 2013 2p14 Filed Date 01/06/2012 01/26/2013 01/12/2014 Page 1 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Entity...7/3/2014 ACORE?CERTIFICATE OF LIABILITY INSURANCE DAT£<MM/DD/YYYY) 9/24/2013 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRBIATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS).AUTHORIZED REPRESENTATIVEOR PRODUCER,ANDTHECERTIFICATEHOLDER IMPORTANT:ifthe certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to theterms and conditions ofthe policy,certain policies may require an endorsement A statement on this certificate does notconfer rights to the certificate holderinlieuofsuchendorsement^), PRODUCER Eastern Insurance Group,Inc. 9570 SW 107 Avenue Suite 104 Miami PL 33176 INSURED Maggolc,Inc* 11020 SW 55 Street Miami FI*33165 ggg|?CY David M.Lopez PHONE E« (305)395-3323 fPDRESfr csrgeas terainsurance.net rA/C.Nofc<30S>S9S-7135 INSUREDS)AFFORDING COVERAGE NA1C* insurera ^iid-Coritinent Casualty Company insurera frlapfre Insurance Co,of Florida insurer c:CastlePoint Florida Insurance insurer d Assurance Company of America insurer er INSURER F: COVERAGES CERTIFICATE NUMBER^aster 14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANDCONDITIONS OFSUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1n§r] LTR TYPE OF INSURANCE GENERAL UABJUTY COMMERCIAL GENERAL LIABILITY ICUMMS-MAOE [xl OCCUR XCU coverage included GBHl AGGREGATELIMITAPPUES PER: Xj poucy n^gL,oPRO- AUTOMOBILE LIABILITY x~ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA UAB EXCESS UAB LOC SCHEDULED AUTOS NON-OWNED AUTOS OCCUR CLAIMS-MADS mm wsri mo.POLICY NUMBER 04-GI>OO0B8ei08 4150130006652 PEP [RETENTIONS 10,00C 04 XS 182687 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y,N ANY PROPRtETOR/PARTNER/EXECUTiVE I \ GFFfCERV&EMBER EXCLUDED**I{MdriddWrylnNH)*' lfyes.$s$eflDeuf?der DESCRIPTION OF OPERATIONS feefoyy Rented/Leased Equipment Scheduled Equipment. <*CP7 60908402 EC69044826 EC69044826 9/22/2013 7/17/2013 9/22/2013 9/22/2013 11/2/2013 Ll/2/2013 9/22/2014 7/17/2014 9/22/2014 9/22/2014 11/2/2014 11/2/2014 EACH OCCURRENCE DAMAGE TO REWSO PREMISES m$occurence) MEDEXP(Any one person) PERSONAL &AOV INJURY GENERAL AGGREGATE PRODUCTS •COWP/OP AGO COMBINED SINGLE IMVf (Eaaccirienil BODILYINJURY(P<H p*son) BODILY INJURY {Peracckfen** PROPERTY DAMAGE (PerP&t accident Hired Auto EACH OCCURRENCE AGGREGATE y J WCSTATU-I S.L.EACH ACCIDENT OTHH JER E.L.DISEASE -EA EMPLOYSE E.L.DISEASE .POUCY LIMITS 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 $250,000 $111,834 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101,AdditionalRemarksSchedule,IfmorespaceIs required) Asphalt paving,concrete construction and drainage construction City of South Miami and Miami Dade County axe listed asan additional named insured and shallbe provided writtennotice30days before modification ofthispolicyor cancellation for nonpayment of premium or otherwise.Coverage asan additional insured is provided if required by written contract. CERTIFICATE HOLDER CANCELLATION City of South Miami Building &Zoning Department 6130 Sunset Drive Miami,FL 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE David Lopez/ANA 4 —"""—•"'"*^~"T """" ACORD 26 (2010/05) INS025/9AlftYiUM ©1988-2010 ACORD CORPORATION.All rights reserved. DetailbyEntityName Document Images 01/12/2014 -ANNUAL REPORTjViewimagein PDF format 01/26/2013 -ANNUAL REPORT View image inPDFformat 01/06/2012 -ANNUAL REPORT View image inPDFformat 01/07/2011 -ANNUAL REPORT View image inPDFformat 01/07/2010 -ANNUAL REPORT View image inPDFformat 01/17/2009 -ANNUAL REPORT View image inPDFformat 02/26/2008 -ANNUAL REPORT View image inPDFformat 06/12/2007 -ANNUAL REPORT View image inPDFformat 03/21/2006 -ANNUAL REPORT 10/13/2005 ~Name Change 06/14/2005 -Domestic Profit View image inPDFformat View image inPDFformat View image inPDF format Copyright ©and Privacy Policies State of Florida,Department of State Page 2 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Entity...7/3/2014 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCJUMENT#P05000085356 Jan 12,2014 Entity Name:MAGGOLC,INC.Secretary of State CC0169769548CurrentPrincipalPlaceofBusiness: 11020/SW55STREET ** MIAMI,FL 33165 Current Mailing Address: 11020SW 55 STREET MIAWII,FL 33165 FEI Number:20-3345775 Certificate of Status Desired:No Nameand Address of Current Registered Agent: GONZALEZ.MARIO H 1102&SW 55 STREET MIAMI,FL 33165 US 77?©abovenamedentity submits this statement for the purpose of changing its registered office orregistered agent,or both,intheStateof Florida. SIGNATURE: Electronic SignatureofRegisteredAgent Date Officer/Director Detail: Title D Namei GONZALEZ,MARIO H Address 11020 SW 55 STREET Ciiy-Siate-Zip:MIAMI FL 33165 I hereby certify that theinformationindicatedonthisreportor supplemental reportistrueandaccurateandthatmyelectronicsignatureshallhavethe same legaleffectasifmadeunder oath;thattamanofficerordirectorofthe corporation orthereceiverortrusteeempoweredtoexecutethisreportasrequiredbyChapter607,Florida Statutes;andthatmynameappears above,oronan attachment withallother like empowered. SIGNATURE:MARIO GONZALEZ PRESIDENT 01/12/2014 Electronic Signature of Signing Officer/DirectorDetail Date