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Res No 221-14-14315RESOLUTION NO.221-14-14315 A Resolution authorizing the City Manager to negotiate and enter into a contract with Florida Construction &Engineering,Inc.,for the construction of the Police Fueling Station Improvements. WHEREAS,theMayorandCityCommissionwishtoprovidefuelstation facility improvements forthe South Miami Police Department,and WHEREAS,pursuant toacompetitive selection process in accordance withtheCity Charter,it was determined that Florida Construction &Engineering,Inc.,submitted a proposal in the amount of $163,095.96, that was the lowest and most comprehensive and cost effectiveinits construction approach ofall the responses to the solicitation;and WHEREAS,the City desires to provide a contingency of $24,467 over the proposal amount for unknown factors that may arise during the work;and WHEREAS,the total expenditure,including the contingency amount,is not to exceed $187,562.96;and WHEREAS,the Mayor and City Commission desire to authorize the City Manager to negotiate and enter intoa contract with Florida Construction &Engineering,Inc.for the Police fueling station improvements,foratotal amount not to exceed $187,562.96. 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 the terms and conditions and to execute a contract withFlorida Construction &Engineering,Inc.for the Policefueling station improvements foran amount notto exceed $163,095.96 and heis authorized to expend upto $24,467 for unforeseen conditions.A copy of the proposed contract is attached. Section 2:The expenditure shallbe charged tothe Federal ForfeitureFund account number 615-1910-521-6440 which has a balance of $397,525.00,before this request was made. Section 3:Ifanysectionclause,sentence,orphraseofthisresolutionisforanyreasonheld invalid or unconstitutional byacourtofcompetent jurisdiction,the holding shallnotaffectthe validity ofthe remaining portions of this resolution. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th dayof November 2014. ATTEST: READ AND APPROVED AS TO FORM LANGUA^LEGALITY AND EXECUTION THES^OF^ APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 5-0 Yea Yea Yea Yea Yea Soutfr Miami Tl IE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:TheHonorableMayor&Members of the City Commission From:Steven Alexander,City Manager Date:November 6,2014 AgendaItem No.:. Subject:A Resolution authorizing the CityManagerto negotiate and enter intoa contract with Florida Construction &Engineering,Inc.,fortheconstructionofthe Police Fueling Station Improvements. Background:In aneffortto provide environmental protection,adequate lighting forsafetyand overall facility improvementsforthe Police while fueling their vehicles at City Hall,a consultantwashiredtoprepareconstructiondocumentsforacanopyovertheexisting fuel station.Upon completion of the plans,an RFP was advertised for the construction of the structure. Thescope of workincludesconstruction,perspecificationsandconstruction documents,ofa Police Fueling Station.This includes a pre-fabricated metal canopy,an islandto accommodate awaterandairvacuumunit,steelstoragecabinet,trashcan,an existingfuel management console,andexistingfuelpump,newsidewalk,newcurb, planting new trees,andlighting. TheCityreceivedonebidinresponseto the solicitationonOctober3,2014.Pursuantto review,itwas determined that Florida Construction &Engineering isaresponsiveand responsible bidder for this proposal. Acontingencyintheamountof$24,467 will beincludedoverthe proposal amountto address for unknown factors that mayariseduring the work.The total amount of the contract,including the contingency,willbe $187,562.96. Amount:Amount not to exceed $187,562.96 Account:The expenditure shallbechargedto the FederalForfeitureFund account number 615- 1910-521-6440whichhasabalanceofis$397,525.00,beforethis request wasmade. Attachments:Resolution Bid Opening Report Pre-bid signin sheet Demand Star results RFP Contract an ?M ,1-K?BID OPENING REPORT Bids were opened on:Friday,October 03,2014 after:10:00am For:RFP #PW-2014-10 -Police Fueling Station Improvements COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: 1.FLORIDA CONSTRUCTION &ENGINEERING,INC.AlMj^Ak. THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: Print Name J Witness:«s^'-p"^tftg*. Print Name Witness:j6i"C^rcL A ^W^/s Print Name ' n i&."sBkiUZL^>s, /f Signature Date: fAS Soutlf Miami 11IECITY OF PLEASANT 11VINC Pre-Bid Conference Sign-In Sheet September 24,2014 RFP Title:Police Fueling Station Improvements ITQNo.:PW-2014-10 Please Print Clearlv J^^^^^^S^^^S^^&^^^^^^^^^^% LnnSr'aA^^O^X, StjwgWng,C.aoik Mowc^e***-^ /$r?i'm tferwidfez: WA l^NiActo SESsaAcrA* "^v^^sHStj^ dP/4f jfc4fft pA^r$^-(Wf lm$e<$^;^ *5*<5>E»J<3i/iagecfl^by Me. l&hfACiO <&&£^CaQ&>\<Zo*-4 ty&^w-'&ts ®*S}f&*66,S5 (3&k>6&Z.-&2>&7 'b/^60reh^£o»Jtnrfi<to'&h 3a5'^33'/7J9 )M-\Ve-G<o<i>(?UJUUl^v. H-W-itW«?H Cow^V-^ch\o>^- v^CjOoAujw (5x(/.v.s(|4ji/L.t-i.rU Cokv,v T^oP £soU. /^f,f^ir •y-fcV)*:w /£>q^V.. ~~&c>bcB My Mlr^a',c^a F frf%ecU*^{s&v'fj^f**^LuC Ppc^jO ^?W ^c ^P-ff-y '7%-Sxih -e^A,,£<y j>-t >&gg Co/1*-}- W-f57-?7£.? £>/j-Frt cs*-Hu £t at-r Kfckg^^fta,CL&s\s Irc>c-4-«'o n .<c BAUST2AC te cP*,'J l7Utc77QKf CcPAp £,4/^-te*-@L-ts?r*<G&rtPCi c^aW r^u-iiTioA; 10 n £tti>W&>Y^sY M a *•»i*cA °*-1)/-"i ^"•"•*^'••*1'- B^SUL*?g>f fegs&Ls a e^^rfejsy^tft^fg.^/y^ *f Cf ^9 &Mai,,,>v(W (I tt_C. 7" ^-£?*^fr C:\Users\skulick.CSMl\Documents\South Miami\Tempiates\Pre-Bid Meeting Sign-In Shcct.doc Bid Number Bid Name 5 Document(s)foundfor this bid RFP-PW-2014-10-0-2014/SK PoliceFuelingStation Improvements 570 Suppliers Notified 23 Planhold er(s)found. Supplier Name Address 1 City State Zip Phone Attributes A2Z Sales 400 Travis Road Toledo OH 11735 8007461218 1.Hispanic Owned ABC Construction,Inc.7215 N.W.7th Street Miami FL 33126 3056630322 1.Hispanic Owned 2.woman owned AGC Quoin 7168 Envoy Court Dallas TX 75247 8003642059 Canyon Construction,Inc.6538 Collins Ave Miami Beach FL 33141 3057638869 1.Hispanic Owned 2.Small Business 3.Woman Owned Construction Journal,Ltd.400 SW 7th Street Stuart FL 34994 8007855165 Emerald Construction Corp.1211 StirlingRd Dania Beach FL 33004 9542412583 fsdbsdz 254 sdvgsdv polk FL 33830 3256214562 Glasgow Equipment Service,Inc.1750 Hill Avenue West Palm Beach FL 33407 5618427236 Hartzell Painting 2301 nw 33rd court Pompano Beach FL 33069 9546580515 isqft -MAIN ACCT 4500 Lake Forest Drive Cincinnati OH 45242 8772271680 LandscapeServiceProfessionals,Inc.6115N.W.77thWay Tamarac FL 33321 9547216920 1.Small Business 2.Woman Owned Lutz Petroleum Equipment Installations .2351 N Powerline Rd.Pompano Beach FL 33069 9549715222 1.Small Business McGraw-Hill 4300 Beltway Place Suite 180 Arlington TX 76018 8506563770 Onvia,Inc.-Content Department 509 OliveWay,Suite 400 Seattle WA 98101 2063739500 PaintSquare 2100 Wharton Street,Suite 310 Pittsburgh PA 15203 4124318300 Perpetual Advancement Enterprises 697 N.Miami Ave.Loft3E27 Miami FL 33136 3058042812 1.Small Business Providian Construction Group 10202 NW 47th St Sunrise FL 33351 9543063687 i.ATncan American Owned 2.Small Business 3.Woman Owned Reed Construction Data 100 Norcross GA 30092 8009018687 School Specialty 2915-A Courtyards Dr.Norcross GA 30071 8005547632 SolidBuilders Construction Company 911 nw 209 Avenue Pembroke Pines FL 33029 9544337990 The Bluebook ofBuilding& Construction 800 E.Main St.Jefferson Valley NY 10535 8004312584 Trak Engineering,Inc 2901 Crescent Drive Tallahassee FL 32301 8508784585 1.Small Business VendorLink LLC 12201 Research Parkway Orlando FL 32826 4074010031 1.Small Business //K-H South1 Miami n l?CI I v Ol PI fASANl 11VIM*. CITY OF SOUTH MIAMI Police Fueling Station Improvements RFP#PW-20I4-!0 Proposal Due Date:October 3,2014 at 10 AM Solicitation Cover Letter TheCityof South Miami,Florida (hereinafter referred toas "CSM")through its chief executive officer (City Manager)hereby solicits sealed proposals responsive totheCity'srequest(hereinafterreferredtoas "Request for Proposals"or "RFP").Allreferencesinthis Solicitation (alsoreferredtoasan "Invitation for Proposals"or "Invitation to Bid")to "City"shall bea reference tothe City Manager,orthe manager's designee,forthe City of South Miami unless otherwise specifically defined. TheCityis hereby requesting sealed proposals in response to this RFP #PW-20I4-I0 titled "Police Fueling Station improvements."The purpose of this RFP isto contract forthe services necessary forthe completion oftheprojectin accordance with thescopeof services andthe plans and/or specifications,if any,described*inthis RFP (hereinafterreferredtoas"theProject"or"Project") Interested persons who wish to respond to this RFP can obtain the complete RFP package atthe City Clerk's office Monday through Friday from 9:00 A.M.to 4:00 P.M.or by accessing the following webpage: http://www.southmiamifI.gov/which istheCityofSouth Miami's webaddressfor solicitation information. Proposals are subject tothe Standard Terms and Conditions contained in the complete RFP Package,including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (I)original unbound proposal,two(2)additional copies and one (I) digital (or comparable medium including Flash Drive,DVD orCD)copy all of which shall be delivered tothe Office oftheCityClerklocatedatSouth Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143.The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written onthe exterior ofthe envelope or container in which the sealed proposal Is delivered:thetitleof this RFP,as follows "Police Fueling Station Improvements,"RFP #PW-20I4-I0 and the name ofthe Proposer (also referred toas "Respondent").Special envelopes such as those provided by UPS or Federal Express will notbe opened unless they contain the required Envelope Information onthefrontor back of the envelope.Sealed Proposals must be received by Office of the City Clerk,either by mail or hand delivery,no later than 10 A.M,local time on October 3,2014.A public opening will take place at 10 AM.onthe same date \n the City Commission Chambers located at City Hall,6130 Sunset Drive,South Miami 33143.Any Proposal received after 10 AM.local time on said date will notbe accepted under any circumstances.Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor ofthe Clerk's receiptstamp. AMandatoryPre-Proposal Meeting will be conducted atCity Hall in the Commission Chambers at 6130 Sunset Drive,FL 33143 on,September 24,2014 at 10:00 A.M..The conference shall be held regardless of weather conditions.Proposals are subject tothe terms,conditions and provisions of this letter as well as to those provisions,terms,conditions,affidavits and documents contained in this RFP Package.The City reserves the right to award the Project tothe person with the lowest,most responsive,responsible Proposal,as determined by the City,subject to the right of the City,or the City Commission,to reject any and all proposals, and the right ofthe City to waive any irregularity in the Proposals or RFP procedure and subject also tothe right ofthe City to award the Project,and execute a contract with a Respondent or Respondents,other than toone who provided the lowest Proposal Price or,if the scope ofthe work is divided into distinct subdivisions,to award each subdivision toaseparate Respondent. Maria M.Menendez,CMC CityClerk,CityofSouth Miami Page I of74 SCOPE OF SERVICES and SCHEDULE OF VAI l if The Scope of Services and the Schedule of Values,if any,are set forth in the attached Exhibit I ENDOF SECTION Page2 of 74ThomasF.Pepe 9-10-14 SCHEDULE OF EVENTS No Event Date*Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 9/10/2014 4;00 PM 2 Mandatory Pre-RFP Meeting at City Hall Chambers, 9/24/2014 10:00 AM6130SunsetDrive,South Miami,FL 33143 3 Deadline to Submit Questions 9/26/2014 10:00 AM 4 Deadline to CityResponses to Questions 9/30/2014 10:00 AM 5 Deadline to Submit RFP-Response 10/3/2014 10:00 AM 6 Announcement of selected Contractor/Cone of Silence ends 10/21/2014 3:00 PM END OF SECTION Thomas F.Pepe 9-10-14 Page3of 74 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE 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 THERFPFORM. 1.Purpose of RFP.The City of South Miami is requesting proposals for the lowest and most responsive price for the Project.The City reserves the right to award the contract to the 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 to the City of South Miami.The City reserves the right,before recommending any award,to inspect the offices and organization ortotake any other action necessary to determine ability to perform in accordance with the specifications,terms and conditions.TheCityof South Miami will determine whetherthe evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted,or investigation and evaluation,indicates inability ofa firm to perform. 3.Deviations from Specifications.The awarded firm shall clearly indicate,as applicable,all areas in which the services proposeddonot fully complywiththerequirementsofthis RFP.The decision astowhether an item fully complies withthe stated requirements rests solely with the City of South Miami. 4.Designated Contact.The awarded firm shall appoint a person to act as a primary contact with the City of South Miami.This person or back-up shall be readily available during normal work hours by phone,email, orinperson,andshallbeknowledgeable of the terms of the contract. 5.Precedence of Conditions.The proposing firm,by virtue of submitting a response,agrees that City's General Provisions,Termsand Conditions herein will take precedence over any terms and conditions submitted with the response,either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence,with the one having the most precedence being at the topof the list and the remaining documents in descending order of precedence. This orderof precedence shall apply,unless otherwise specified \r\the Contract or General Conditions to the Contract: a)Addenda to RFP b)Attachments/Exhibits to RFP c)RFP d)Attachments/Exhibits to Special or supplementary conditions toContract e)Special orsupplementaryconditionstoContract 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 are not permitted,butthe City may allow the proposing firm to withdraw an erroneous Proposal prior tothe confirmation ofthe proposal award byCity Commission,if all ofthe following is established: a)The proposing firm acted in good faith in submitting the response; b)Theerrorwasnottheresultof gross negligence or willful inattention onthe part ofthe firm; c)The error was discovered and communicated totheCity within twenty-four (24)hours (not including Saturday,Sunday ora legal holiday)of opening the proposals received,abngwitha request for permission towithdrawthe firm's Proposal;and d)The firm submits an explanation In writing,signed under penalty of perjury,stating howthe error was made and delivers adequate documentation totheCityto support the explanation and to show thattheerrorwasnottheresultof gross negligence or willful inattention normadeinbad faith. 7.The terms,provisions,conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents andtheyareherebyadoptedandmadeaparthereofby reference. 8.Any questions concerning the Solicitation or any required need for clarification mustbe made in writing, by September 26,2014 at 10 AM to the attention of Steven P.Kuiick at skulick(S)southmiamffl.gov orviafacsimileat(305)663-6346. Page4of74 Thomas F.Pepe 9-10-14 9.The issuance ofa written addendum is the only official method whereby interpretation and/or clarification of information can be given.Interpretations or clarifications,considered necessary by the City in response to such questions,shall be issued bya written addendum tothe RFP Package (also known as "RFP Specifications"or "RFP')by U.S.mail or other delivery method convenient tothe City and the City will notify all prospectivefirmsviatheCity'swebsite. 10.Verbal interpretations or clarifications shall be without legal effect.No plea by a Respondent of ignorance orthe need for additional information shall exempt a Respondent from submitting the Proposal onthe requireddateandtimeassetforthinthe public notice. 11.Cone of Silence:You are hereby advised that this Request for Proposals is subject tothe "Cone of Silence,"inaccordancewith Miami-Dade CountyOrdinanceNos.98106 and 99-1.Fromthetimeof advertising until theCity Manager issues his recommendation,thereisa prohibition on verbal communication withthe Cit/s professional staff.All written communication must comply with the 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 withthestaff following theCity Manager's written recommendation for the award ofthe contract,or communications in writing at any timewith any City employee,official or memberoftheCity Commission unless specifically prohibited.Acopyof all written communications must becontemporaneously filed withtheCity Manager andCityClerk 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 fora proposal,for qualifications,foraletterofinterestor 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 forthe purposes of obtaining additional orclarifyinginformation. 13.Lobbying.All firms andtheir agents whointendto submit,orwho submitted,bids or responses for this RFP,arehereby placed on formal notice thatneitherCity Commissioners,candidates forCity CommissioneroranyemployeeoftheCityofSouth Miami aretobe lobbied either individually or collectivelyconcerningthis RFP.Contact shall onlybemadethrough regularly scheduledCommission meetings,ormeetings scheduled throughthe Purchasing Division,whichareforthepurposesof obtaining additionalor clarifying information. 14.Reservationof Right.TheCity anticipates awarding onecontractforservicesasaresultofthis RFP and the successful firm willberequestedtoenterinto negotiations toproduceacontractforthe Project.The City,however,reservesthe right,initssolediscretion,todoanyofthe following: a)torejectanyand all submittedResponsesandtofurtherdefineorlimitthescopeofthe award. b)towaiveminor irregularities intheresponsesorintheprocedurerequiredbythe RFP documents. c)to request additionalinformationfromfirmsas deemed necessary. d)tomakeanawardwithout discussion orafterlimited negotiations.Itis,therefore,importantthat all the partsof the Request forProposalbe completed In ailrespects. e)to negotiatemodificationstotheProposalthatitdeemsacceptable. f)toterminatenegotiationsintheeventtheCitydeemsprogresstowardsacontracttobe insufficient andtoproceedto negotiate withtheRespondentwho made thenextbest Proposal.TheCity reservestherighttoproceedinthismanner until ithas negotiated acontractthatis satisfactory to the City. g)TomodifytheContractDocuments.ThetermsoftheContractDocumentsare general andnot necessarily specifictothe Solicitation.Itistherefore anticipated thattheCitymaymodifythese documentsto fit the specific projectorworkinquestion and the Respondent,by making a Proposal, agreestosuchmodificationsand to beboundbysuchmodifieddocuments. h)to cancel,inwholeor part,any invitation for Proposals whenitisinthebestinterestofthe City, i)to award the Project tothe person withthelowest,most responsive,responsible Proposal,as determined by the City j)to award the Project,andexecuteacontractwithaRespondentorRespondents,otherthantoone whoprovidedthelowest Proposal Price, k)ifthescopeoftheworkis divided into distinct subdivisions,to award each subdivision toa separate Respondent. Page5 of 74 Thomas F.Pepe 9-10-14 15.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 inits employ, to solicit orsecurea contract withthe City,and thatit 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 orother consideration contingent uponor resulting from the award or making ofacontractwiththeCity. 16.Public Entity Crimes.A person or affiliate ofthe Respondent who has been placed onthe convicted vendorlist pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal ona contract to provide any goods or services,ora contract for construction or repair ofa public building,may not submit proposals on leases of real property toorwiththeCityof South Miami, may notbe awarded a contract to perform work as a CONTRACTOR,Sub-contractor,supplier,Sub consultant,or consultant under a contract withtheCityof South Miami,and may not transact business with the City of South Miami for a period of36 months from the date of being placed onthe convicted vendor list. 17.Respondents shall usethe Proposal Form(s)furnished bythe City.AH erasures and corrections must have the initials ofthe Respondent's authorized representative in blue ink atthe location of each and every erasure and correction.Proposals shall be signed using blue ink;all quotations shall be typewritten or printed with blue ink.All spaces shall be filled inwiththe requested information orthe phrase "not applicable"or "NA".The proposal shall be delivered onor before the date and time,and atthe place and in such manner as set forth in the Solicitation Cover Letter.Failure todoso may cause the Proposal tobe rejected.Failure to include any ofthe Proposal Forms may invalidate the Proposal.Respondent shall deliver tothe City,aspartofits Proposal,the following documents: a)The Invitation for Proposal and Instructions to Respondents. b)Acopyof all issuedaddenda. c)Thecompleted Proposal Form fully executed. d)Proposal/Bid Bond,(Bond or cashier's check),if required,attached tothe Proposal Form. e)Certificates of Competency as well as all applicable State,County and City Licenses held by Respondent f)Certificate of Insurance and/or Letter of Insurability. 18.Goods:If goods are tobe provided pursuant to this RFP the following applies: a)Brand Names:If a brand name,make,manufacturer's trade name,or vendor catalog number is mentioned in this Solicitation,whether ornot followed bythe words "approved equal",itis for the purpose of establishing a grade or quality of material only.Respondent may offer goods that are equal tothe goods described in this Solicitation with appropriate identification,samples and/or specifications for such item(s).The City shall bethe sole judge concerning the meiits of items proposed asequals. b)Pricing:Prices should be stated in units of quantity specified in the Proposal Form.In case ofa discrepancy,theCityreservesthe right tomakethe final determination atthelowestnetcosttothe City. c)Mistake;In the event that unit prices are part ofthe Proposal and if there is a discrepancy between the unit price(s)and the extended price(s),the unit price(s)shall prevail and the extended price(s) shall be adjusted to coincide.Respondents are responsible for checking their calculations.Failure to doso shall beatthe Respondent's risk,and errors shall not release the Respondent from his/her or its responsibility as noted herein. d)Samples;Samples of items,when required,must be furnished bythe Respondent free of charge to the City.Each individual sample mustbe labeled with the Respondent's name and manufacturer's brand name and delivered byit within ten (10)calendar days ofthe Proposal opening unless schedule indicates a different time.If samples are requested subsequent tothe Proposal opening,they shall be delivered within ten (10)calendar days ofthe request The City shall notbe responsible for the return of samples. e)Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f)Governmental Restrictions:In the event any governmental restrictions may be imposed which would necessitate alteration ofthe material quality,workmanship,or performance oftheitemsofferedon this Proposal prior to their delivery,it shall bethe responsibility ofthe successful Respondent to notify theCityat once,indicating in itsletterthe specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration,including any price Page6of74 Thomas F.Pepe 9-10-14 adjustments occasioned thereby,orto cancel all oranyportionoftheContract,atthesole discretion oftheCity and atno further expensetotheCitywiththirty (30)days advanced notice. g)Respondent warrants thatthe prices,termsand conditions quotedinthe Proposal shall be firm fora period ofone hundred eighty (180)calendar days from thedateofthe Proposal opening unless otherwisestatedinthe Proposal Form.Incomplete,unresponsive,irresponsible,yague,or ambiguous responses tothe Invitations for Proposals shall be cause for rejection,as determined bythe City. h)Safety Standards:The Respondent warrants thatthe produces)tobe supplied tothe City 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. 19.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 andas required by law. TheRespondent shall be liable forany damages orlosstotheCity occasioned bythe negligence ofthe Respondent (oritsagentor employees)or any person acting foror through the Respondent. Respondents shall furnish acertifiedcopyof all licenses,Certificates ofCompetencyorother licensing requirementnecessarytopracticetheirprofessionand applicable tothe work tobeperformedasrequired by Florida Statutes,the Florida Building Code,Miami-Dade CountyCodeorCityofSouth Miami Code. These documents shall befurnishedtotheCityaspartofthe Proposal.Failure tohaveobtainedthe requiredlicensesand certifications orto furnish thesedocuments shall begroundsfor rejecting the Proposalandforfeitureofthe Proposal/Bid Bond,ifrequiredforthisProject. 20.Respondent shall complywiththeCity'sinsurance requirements assetforthintheattached Exhibit 2or, if applicable,theGeneralConditionstotheContract,priorto issuance ofany Contracts)or Award(s)Ifa recommendationforawardofthecontract,oranawardofthecontractismadebeforecompliancewith this provision,the failure to fully and satisfactorily complywiththe City's bonding,ifrequiredforthis project,andinsurancerequirementsassetforthherein shall authorizetheCity to implementa rescission ofthe Proposal Awardorrescissionoftherecommendationforawardofcontract without furtherCity action.The Respondent,bysubmittinga Proposal,therebyagreestoholdtheCityharmlessandagreesto indemnify the City andcovenantsnottosuetheCitybyvirtueofsuchrescission. 21.Copyrightsand/orPatent Rights:Respondentwarrantsthatastothe manufacturing,producingor selling ofgoods intended to beshipped or ordered by the Respondent pursuanttothisProposal,there hasnot been,norwill there be,anyinfringementofcopyrightsorpatentrights.The Respondent agreesto indemnifyCityfromanyandall liability,lossor expense occasionedbyanysuchviolationorinfringement. 22.Execution of Contract:The Respondent tothis RFP acknowledgesthatbysubmittingaresponseora proposal,Respondent agreestothe terms oftheformcontractandtothe terms of thegeneralconditions tothecontract,both of whicharepartofthis RFP packageandagreesthat Respondent's signatureonthe response to this RFP grantstotheCity the authority,onthe Respondent's behalf,to inserted,intoany blankspacesin the contract documents,information obtained from the proposaland the Respondent's signatureshallalsobe treated,for all purposes,including the enforcement of all of the terms and conditions of the contract,asthe Respondent's signatureonthe contract,after the appropriate information has been inserted. 23.Evaluation of Proposals:The City,atitssole discretion,reserves the right to inspect the facilities of anyor all Respondents to determine its capability to meet the requirements ofthe Contract.Inaddition,the price,responsibilityand responsiveness of the Respondent,the financial position,experience,staffing, equipment,materials,references,andpasthistory of servicetotheCityand/orwith other unitsofstate, and/orlocal governments in Florida,orcomparableprivateentities,willbetakenintoconsiderationinthe Award of the Contract. 24.DrugFree Workplace:Failure toprovideproof of compliancewith Florida StatuteSection287.087,as amended,when requested shallbecauseforrejectionoftheProposalas determined by the City. 25.Public EntityCrimes:Apersonor affiliate who wasplacedon the Convicted VendorsList following a conviction forapublic entity crime may not submit a response ona contract to provide any services toa publicentity,may not submit RFP onleases of real property toapublicentity,andmay not transact businesswithanypublic entity inexcessofthethresholdamountprovidedinSection 287.017,foraperiod of36monthsfromthedateofbeingplacedontheConvictedVendors List. 26.ContingentFeesProhibited:Theproposingfirmmustwarrantthatithasnotemployedorretaineda company or person,other thanabona fide employee,contractor or subcontractor,working initsemploy, tosolicitor secure a contract withtheCity,andthatithasnotpaidoragreedtopayanyperson,company, corporation,individual or firm other thanabonafide employee,contractor orsub-consultant,workingin Page7of74 Thomas F.Pcpe 9-10-14 its employ,any fee,commission,percentage,gift orother consideration contingent upon or resulting from theawardor making ofacontractwiththeCity. 27.Hold Harmless:All Respondents shall hold the City,its officials and employees harmless and covenant not tosuethe City,its officials and employees in reference toits decisions to reject,award,ornot award a contract,as applicable,unless the claim is-based solelyon allegations of fraud and/or collusion.The submission ofa proposal shall act as an agreement bythe Respondent thatthe Proposal/Bid Bond,if required for this project,shall notbe released until and unless the Respondent waives any and all claims thatthe Respondent may have against the City that arise outof this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process,in any such suit, the prevailing party shall recover its attorney's fees,courtcosts as well as expenses associated with the litigation.In theeventthat fees,court costs and expenses assodated with the litigation are awarded tothe City,the Proposal/Bid Bond,if required for this project,shall be applied tothe payment of those costs and any balance shall be paid bytheRespondent. 28.Cancellation:Failure on the part ofthe Respondent to comply with the conditions,specifications, requirements,andtermsasdeterminedbytheCity,shall bejustcausefor cancellation oftheAwardor termination of the contract. 29.Bonding Requirements:The Respondent,in submitting this Proposal,shall include a Proposal/Bid Bond,if required for this project,In the amount of S%of the total amount of the base Proposal onthe Proposal/Bid Bond Form included herein.A company or personal check shall not be deemed a valid Proposal Security. 30.Performance and Payment Bond:The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond,each,in the amount of 100%of the total Proposal Price, including Alternates if any,naming the City of South Miami as the obligee,as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor,services and/or furnishing materials in connection herewith.The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1.Each Performance Bond shall be in the amount of one hundred percent (100%)of the Contract Price guaranteeing toCITYthe completion and performance oftheWork covered in the Contract Documents. 30.2.Each Performance Bond shall continue in effect for five year after final completion and acceptance oftheWork with the liability equal to one hundred percent (100%)ofthe Contract Sum. 30.3.Each Payment bond shall guarantee the full payment of all suppliers,material man,laborers,or Subcontractor employed pursuant tothis Project. 30.4.Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies assetforthinthe insurance requirements ofthis solicitation. 30.5.Pursuant to the requirements of Section 255.05,Florida Statutes,Respondent shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITYwith evidence ofsuch recording. 30.6.The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570,current revisions. 31.Proposal Guarantee:The successful Respondent,within ten (10)calendar days of Notice of Award by the City,shall execute the Contract and other Contract Documents that provide for the Respondent's signature,and deliver totheCitythe required insurance documentation aswellasa Performance and Payment Bond ifthese bonds are required.The Respondent who has the Contract awarded toit and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall,at the City's option,forfeit the Proposal/Bid Bond/Security that accompanied the Proposal,and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City.It is agreed that if the City accepts payment from the Proposal/Bid Bond,thatthis sum is a fair estimate ofthe amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation.If the City does not accept the Proposal/Bid Bond,the City may proceed to sue for breach of contract ifthe Respondent fails to perform in accordance with the Contract Documents.Proposal/Bid Bond/Security deposited in the form ofa cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32.Pre-proposal Conference Site Visits:If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Proposal Documents,it shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre- proposal conference.No pleas of ignorance by the Respondent of conditions that exist,or that may hereinafter exist,as a result of failure to make the necessary examinations or investigations,or failure to Page8 of 74 Thomas F.Pepe 9-10-14 complete any part ofthe RFP Package,will be accepted as basis for varying the requirements of the Contract with theCityof South Miami orthe compensation ofthe Respondent. 33.Time of Completion;Thetimeisofthe essence with regard tothe completion oftheWorktobe performed under the Contract to be awarded.Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section ofthe Contract Documents,including the ProposalForm. 34.Submittal Requirements:All Proposals shall comply with the requirements set forth herein. 35.Cancellation of Bid Solicitation:The City reserves the right to cancel,in whole or part,any request for proposalwhenitisinthebestinterestoftheCity. 36.Respondent shall not discriminate with regard toits hiring of employees or subcontractors or in its purchase of materials orinanywayinthe performance ofits contract,ifone is awarded,based on race, color,religion,national origin,sex,age,sexual orientation,disability,or familial status. 37.All respondents,atthetimeof bid 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 that there are no outstanding fines, monies,fees,taxes,liens orother charges owedtotheCitybythe Respondent,any ofthe Respondent's principal,partners,members or stockholders (collectively referred to as "Respondent Debtors").A bid, proposal orquotationwillnotbeaccepteduntil all outstanding debtsof ail RespondentDebtorsowedto thecityare paid in full.No bidder whoisin default of any prior contract withtheCity may haye their bid considereduntil die defaultiscuredtothe satisfaction oftheCity Manager. END OF SECTION Page9of74 Thomas F.Pepe 9-10-14 / Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation.Fulfillment of all solicitation requirements listed Is mandatory for consideration of response to the solicitation.Additional documents may be required and,if so,they will be identified in an addendum to this RFP.The response shall include the following items: X Bid Form X Proposal/Bid Bond x Performance Bond (As a Condition ofAward;Not Required With the Submittal) X X X X X Respondents Qualification Statement Non-Collusion Affidavit PublicEntityCrimesandConflictsofInterest DrugFree Workplace Acknowledgement of Conformance with OSHA Standards List of Proposed Subcontractors and Principal Suppliers RelatedPartyTransaction Verification Form indemnificationandInsurance Documents x Signed Contract Documents (All -including General Conditions and Supplementary Conditions) X *See Note(I) Below *(0 Performance Bond;Required as a Condition ofAward and Prior to the Contractor Receiving j Notice toProceed.NotRequiredwithSubmittal. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Thomas F.Pepe 9-10-14 Page 10 of 74 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander CityManager City of South Miami 6130 Sunset Drive South Miami,FL 33143 1.If this Proposal is accepted,the undersigned Respondent agrees to enter into a Contract with the City of South Miami inthe form included in this RFP Package,and to perform and furnish all workas specified or indicatedinthis RFP for the ProposedPrice,withinthe Contract Timeandinaccordancewiththeother terms andconditionsofthe RFP Package. 2.Respondent accepts all oftheterms and conditions ofthe RFP,Invitation for Proposals and Instructions to Respondents,including without limitation those dealing withthe disposition of Proposal/Bid Bond.This Proposal will remain subject to acceptance for 180 calendar days after the day ofthe Proposal Opening. Respondent agrees to sign and submit the Contract,ifnot already submitted,the Bonds,required insurance documents,and other documents required bythe RFP,within ten (10)calendar days after the dateof the City's Notice of Award. 3.Insubmittingthis Proposal,Respondentrepresentsthat: a.Respondent has examined copies of all the RFP Documents and ofthe following Addenda,if any (receiptof all whichisherebyacknowledged.) Addendum No. Addendum No. _d Dated:f/xiffafi/if _jL Dated:f /3o/jQ/*j Addendum No.Dated: Addendum No.Dated; Addendum No.Dated: Addendum No.Dated; b.Respondenthas familiarized himself withthe nature andextentoftheContract Documents,the proposed work,site,locality,and all local conditions and laws and regulations that in any manner mayaffectcost,progress,performance or furnishing oftheWork. c.Subsurface conditions:If applicable to this RFP,the Respondent represents that: i.Respondent has studied carefully all reports and drawings,if applicable,of subsurface conditionsand drawings of physical conditions. d.Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations,tests and studies in addition toortosupplementthose referred tointhis paragraph which pertain tothe subsurface or physical conditions atthesiteor otherwise may affect thecost,progress,performance,orthe furnishing of the Work at the Contract Price,withinthe Contract Timeandinaccordancewith theother terms and conditions ofthe Contract Documents.The Respondent hereby acknowledges that no additional examinations,investigations,explorations,tests,reports or similar information or data are,or will,be required by Respondent for any reason in connection with the Proposal.The failure ofthe Respondent to request a pre-bid marking ofthe construction siteby any or all utility companies shall create an irrefutable presumption thatthe Respondent's bid,or proposal price,has taken into consideration ail possible underground conditions and Respondent,if awarded the contract,shall notbe entitled toa change order for anysuch condition discovered thereafter. Page 11 of74 Thomas F.Pepe 9-10-14 \i Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reportsandstudieswiththetermsand conditions ofthe Contract Documents, iii.Respondenthasreviewedandcheckedallinformationanddatashownorindicatedinthe RFP Package or in the Contract Documents with respect to existing Underground Facilities or conditions ac or contiguous tothesiteand assumes responsibility forthe accurate location of all Underground Facilities and conditions that may affect the Work.No additional examinations,investigations,explorations,tests,reportsor similar information or data in respect to any Underground Facilities or conditions are,or will be,required by Respondentin order toperformandfurnishthe Work attheContract Price,withinthe Contract Time andin accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states dial thecontract price is subject to adjustmentforfuture discovery ofunderground facilities and/or conditions that affect the costoftheWorkand unless the respondent makes a written request tothe City for additional information priorto submitting thebidor proposal as required in subsection ii above, e.Respondent has given the City written notice of all conflicts,errorsor discrepancies thatit has discovered in the Contract Documents and,if any conflicts,errors or discrepancies have been found and notice given,the Respondent represents,by submitting its proposal tothe City,that the Respondent has received sufficient noticeofthe resolution thereoffromthe City,that such resolution is acceptable to Respondent andthatthe Respondent waives any claim regarding the conflicts,errors or discrepancies. f.This Proposal is genuine and not made in the interest oforon behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association,organization,or corporation;Respondent hasnot directly or indirectly induced or solicited anyother Respondent to submit a false orsham Proposal;Respondent has not solicited or induced any person,firm or corporation to refrain from responding;and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4.Respondent understands andagreesthattheContractPriceistheamountthatit needs to furnish and install all ofthe Work complete and in place.The Schedule of Values,if required,is provided for the purpose of Proposal Evaluation and when initiated by the CITY,it shall form the basis for calculating the pricing of change orders.TheContract Price shall notbe adjusted in any way soasto result in a deviation from the Schedule of Values,except totheextentthatthe CITY changes the scope of the Work after the Contract Date.As such,the Respondent shall furnish all labor,materials,equipment, tools,superintendence and services necessary to provide a complete,in place,Project forthe Proposal Price of: LUMP SUM BASE PRICE:$On/LjAf/^d *,>//jlf^JJ vJQArtd dollars and P/^-if fij/t~-Art J cents $/A3/D?$*?£ Alternates:#}#5 m.#6 #3 W UA m Afee breakdown,if applicable,foreachtaskmustbecompletedinthetableshown above.Failure to completethisinformationshall render theproposalnon-responsive. Page 12 of74 Thomas F.Pepe 9-10-14 5.The ENTIRE WORK shall be completed,in full,within 90workingdays from the date stipulated in the NOTICE TO PROCEED.Failure to complete the entire work during the described time period shall resultintheassessmentof liquidated damages assetforthintheContract. 6.Communications concerning this Proposal shall beaddressedto; RESPONDENT:Hamid R Djahanshahi Address:155Bentley Drive 305-883-7601 Telephone:305-883-7601 " Facsimile;Hamid R.Djahanshahi ' Attention:""~~~~~ 7.The terms used in this Proposal which are defined in the Contract shall have the same meaning as assigned totheminthe Contract Documents,unless specifically defined inthis RFP Package. SUBMITTED THIS 02 DAy OF October 20 u . PROPOSAL SUBMITTED BY: Florida construction &Engineering,!nc 305-883-7601 Company Telephone Number HamidR.Djahanshahi 305-883-1514 Name of Person Authorized to Submit Fax Number Proposal /...i-4 €L.<O ''.-?^-x'.^'*fce52@yahoo.com Signature,-^"*'~"~~*•"""-•^Email Address President Title END OF SECTION Page 13 of74 Thomas F.Pepe 9-10-14 PROPOSAL/BID BOND "Police Station Fueling Station Improvements" STATEOF FLORIDA ) ) COUNTY OF MIAMI-DADE )......... itk.^va/a,,MC-K,nv-r-.,rrr ^^^L Florida Construction&Engineering,Inc.KNOW ALLMENBYTHESE PRESENTS,that we,. ,as Principal,and AXIS Insurance Company ,as Surety,are held and firmly bound unto the City of South Miami ("City,,)1 a municipal corporation ofthe State of Florida in the sum of Five Percent of Amount Bid ^ Dollars ($5%ofAmountBid).lawful money ofthe United States,for the payment of which sum well and truly tobe made,we bind ourselves,our heirs,executors,administrators and successors jointly and severally, firmlybythesepresents. THE CONDITION OF THIS OBLIGATION IS SUCH that:October 3 2014 WHEREAS,the Principal has submitted the accompanying Proposal dated Police Fueling Station Improvements *pursuant to an RFP and a© for the Police Fueling Station Improvements pursuant to an RFP and a condition precedent tothe submission of said Proposal is that a Proposal/Bid Bond in the amount of five percent (5%)ofthe Base Proposal be submitted with said Proposal as a guarantee thatthe Respondent would fulfill the obligations set forth In the RFP and proposal documents;*RFP #PW-2014-1D NOW THEREFORE, A>Ifthe principal shall not withdraw said proposal within one hundred eighty (180)calendar days after the date for opening ofthe same,and shall,within ten (10)calendar days after the prescribed forms are presented toit for signature,enter into a written contract with the City in accordance with the proposal as accepted,and give bonds with good and sufficient surety or sureties,as may be required,for the faithful performance and proper fulfillment of such contract,and provide proof of insurance as required,then the above obligations shall be void and of no effect,otherwise to remain infull force and effect B.However,in theeventofthe principal's unauthorized withdrawal of said proposal within one hundred eighty (180)calendar days afterthedateofthe opening ofthesameorthe failure toenterintoawrittencontract with the Owner in accordance with the proposal as accepted,and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties,as may be required,for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10)calendar days after the prescribed forms are presented toit for signature and/or intheeventthatthe principal isnot awarded the project but fails to waive all claims that arose or might have arisen outofthe RFP process,thenthe above obligations shall remain in full force andeffect and thebond shall thereafterbe disburse,bycourt order,totheOwnerinthe full amountofthebondif the Proposal Documents provide for liquidated damages under the circumstance of the case or,if liquidated damages are not applicable,then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due tothe breach of the terms of this Bond,including all attorney fees,court costs and legal expense incurred bythe City for any and all action taken,whether before or after the commencement of legal proceedings,including proceedings required to obtain thecourtorderof disbursement,including thecostof all appeals orother related proceedings,as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF,theabovebonded parties haveexecutedthis instrument undertheir several seals this _3[d day of October ,20 14 t the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed byits undersigned representative. Page 14 of74 Thomas F.Pepe 9-10-14 SECOND PAGE OFA TWO (2)PAGE PROPOSAL/BID BOND IN PRESENCE OF: j ATTEST: As per attached power of attorney Secretary Florida Construction &Engineering,Inc. (Individual or^rtnershJp Principal) Bv:/*t^o, 155 Bentley Drive (Business Address) Miami Springs,FL 33166 (City/State/Zip) 305-883-7601 (Business Telephone) AXIS Insurance Company (CorporateSu.retyP »....„„^^ ^-^ Warren M.Alter,Attorney-in-Fact (Seal) *impress Corporate Surety Seal IMPORTANT Surety companies executing bonds must appear onthe Treasury Department's mostcurrent list (circular 570asamended)andbeauthorizedtotransactbusiness In theStateof Florida. FAILURE TO COMPLETE.SIGN.&RETURN THIS FORM MAY DISQUALIFY YOU By: Thomas F.Pepe 9-10-14 Page 15 of74 POWER OF ATTORNEY X«M •\^> Know AH Men by These Presents:That AXIS Insurance Company,an liltnoi*property and casualty company,(the "Company")docs hereby appoint: Warren M.Alter;David T,Satinc;and Dawn Auspitxol Miami L?kcs,FL as ilstrue and lawful Altomcy(5)-]n-Factf to make,execute,seat and deliver for and onte behalf as surety,bonds and undertakings,such documents tobevalid as though executed bythe Company on its own behalf.The Company may revoke this appointment at any time. EXCEPTION:NO^UTHORITY is granted tomake,execute,seal and dcliverjj&nds or undertakings that guarantee the payment or collection ofany nromissoiy note jrche$k,M&frUm ofcredit.""**""*'u ^Thl5 l>ower of Atlontey is signed,sealed andi^ertified wtderfffd ggjhe authority of resolutions adopted byunanimous written consent of the Board ofDirectors of ^thaGofrpttfon July 12,2013:*~:~**+*"- RESOLVED,That any authorized Vice President,Surety,acting singly shall have the power and authority toappoint and revoke attorneys-m-fact to make, execute,seal and deliver for and on behalf ofthe Company,as surety,bonds and undertakings,such documents tobevalid as though executed bythe Companyonits o>vn behalf ;in-Witness Whereof*AXIS Insurance Company has caused this,instrument to fce signed and its corporate seal to beaffixed bvaduly elected ami "qualified officei,this •28tlrdayoflviay^OH.*~ Attested and Certified AXIS insuranceCompany a Printed Name:Richard Zmandona Title:Vice President Surety STATE OK •"Js^SwPb^w*".:*,^™™J.:"£S£^•£*»..*-%noftu^-H j me jpereonally came Richard Zar&ndona Vioo PresidentSurety ofAXIS tou^TOm^ffl^to^'iqnown.tobe the Individual Si^^cW Scribed herein,who;acknowledged that they being duly auraorized signed,sealed with the corporate seal and delivered the foregoing instrument by the authority and direction :ofsaidCompany.;:!-rv;!--->:j j ••.;;.::;:;;"'"'•'*'"•' [griSSTll^OHY^WBE I hav.e hereumc>se;myhand and W»&4 my official seal. JVfatthew K.Canfield,Notary Putjffc::~State of New Jersey i?^l»J@JXION'.^ l»..te^£ejei>Assistant Secretary of AXIS Insurance Company,do hereby certify thai the ^ttaeJied JPciWcr ofAttorney dated May i2#-Soi'4pii behalf of the person(s)as listed above isa true and correct copy and thesame lias been in full force and effect since thedate thereof and is in full force and eiffect onthedate of this certificate;and Ido further certify Uiai the said Krehard Zarandoiia .\vho executed the Power of Attorney,was a duly elected Vice President,Surety of AXIS InsuranceCompany on IN TEST&tt>HY WilBRBOH,1 have hereunto:m inyjiand^^ll^^eil the corporate seal of AXIS Insurance Company on shfeihc 3rd day of October <2OL0 Printed Name:David Pcscc- Title:.Assistant Secretary [Seal] RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shallbeutilizedaspartof the CITY'SoverallProposal Evaluation and RESPONDENT selection. I.Number of similar construction projects completed, a)In the past5years In the past5years On Schedule b)In the past 10 years In the past 10 yearsOnSchedule 2.List the last three (3)completed similarprojects. a)ProjectName: Owner Name: Owner Address: Owner Telephone: Original ContractCompletionTime (Days): Disability Services and Independent Living Miami-Dade ADA MiamiDade County 305-375-2441 180 Original Contract Completion Date:2001 Actual Final Contract Completion Date:2001 Original Contract Price:340,200 Actual Final Contract Price:$340,200 b)ProjectName:Fuel Tank Thomas F.Pepe 9-10-14 Owner Name:MiamiDadeCounty Owner Address:GSA Page20 of 74 Owner Telephone: Original Contract Completion Time (Days): 305-547-7310 90 Original Contract Completion Date:2003 Actual Final ContractCompletion Date: Original Contract Price: Actual Final Contract Price c)Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Thomas F.Pepe 9-10-14 Page 21 of 74 2003 $121000.00 $124960.00 Pinecrest Fire Station #49 Miami Dade Fire rescue Cityof Pinecrest 786-331-4509 270.00 2008 2008 $970,000.00 $1003,264.00 Accounting/Office 1 Manager j Roya Arabi j Pay/Receivables Zoila Reyes Florida Construction&Engineering,Inc. OrganizationalChart 2014 a President/Project j Manager HamidR.Djahanshahi I JV— "^ V.President Reza Djahanshahi r Superintend ant Isais Carranza Estimator Isabel M. Fernandez HAMID REZA DJAHANSHAHI 61 Deer Run Miami Springs,FL 33166 (305)888-9229 EDUCATION Bachelor of Science inCivil Engineering.Ohio StateUniversity,Columbus,Ohio (December 1982) Areas of concentration include Structural and Construction Engineering Bachelorof Science inMining Engineering.Ohio State University,Columbus,Ohio (June 1982) Relevant Coursework includes: StructuralEngineeringPrinciples StructuralAnalysis Basic Reinforcement ConcreteDesign Principles ofRock Mechanics Design of Steel Structures Geotechnical Engineering Wood Structure Design Cost Analysis PROFESSIONAL BACKGROUND General Construction Contractor,Florida Construction &Engineering,Inc.Miami Springs,FL (1987topresent) -Responsibilities includedoversightofallaspectsofassignedprojects. Design and ConstructionEngineer,A&M International,Inc.,Rockville,MD.(Jan 1983 to 1987) -Responsibilitiesincludedanalysisanddesignoflow-tomid-highriseresidential,institutionaland office building of both steel and concrete material Research Assistant.TheOhioState Department ofCivil Engineering,Hydrology Laboratory, Columbus,Ohio(Jan1981toApril1981) -Responsibilities includedcollecting geomorphic dataforaU.S.GeologicalDepartment sponsored project in Ohio River Basin Resident Manager,Hill's Apartments,Columbus,Ohio(June1979toJan 1981) ResearchAssistant,TheOhioStateUniversity,DepartmentofCivilEngineering,Divisionof Materials andDesign,Columbus,Ohio (March 1979 toSept 1980) -Responsibilitiesincludedpreparingandtestingsamplesfortworesearchprojects:AStatewideStudy of SubgradeSoilSupportConditionsandOptimizationofDesignofAsphaltPavingMixtures. Maintenance and Repair Assistant,OhioDominicanCollege,Columbus,Ohio(June 1978 toSept 1978) PROFESSIONAL AFFILIATIONS Miami Springs Rotary Club American Society of Civil Engineers (ASCE) American Society of Mining Engineers (ASME) HONORS /AWARDS Recipient of Engineer in Training (EIT)certificate from state of Ohio Chi Epsilon,National Honorary SocietyforEngineers Achieved a3.0/4.0 Cumulative GradePointAverage,TheOhioState University Recipient of theMining Engineering Department Scholarship,TheOhioStateUniversity References Available upon Request 3.Current workload ^^^^^^^MM?£J^mKJ^i^^^^^i^^^feS^^S^^SHM^^^^^^^^j^^H^^^^^JE^^^^^^^^^^^^^dj^^sMMls^^^^ Park and Ride Miami Dade transit 786-473-4710 786-469-5266 $2,991,894.30 Blakey Park bathrooms Homestead 305-345-2944 $130,000.00 S.Miami Sewer connection South Miami 305-403-2072 305796-5944 $78,933.00 MIA CHILLER REPLACE B MIA 305-541-000 $42,460.00 MIA CHILLER REPLACE J MIA 305-541-0000 $25,500.00 4.The following information shall beattachedtothe proposal. a)RESPONDENT'S home officeorganizationchart. b)RESPONDENT'S proposedproject organizational chart. c)Resumesofproposedkeyproject personnel,including on-site Superintendent. 5.Listanddescribe any: a)Bankruptcy petitions filed byor against the Respondent or any predecessor organizations,NO b).Any arbitration or civil or criminal proceedings,or NO Suspension of contracts or debarring from Bidding or Responding by any public agency brought c)against the Respondent inthelast five (5)years NO 6.Government References: List otherGovernment Agencies or Quasi-government Agencies for which you have done business within the pastfive(5)years. Name of Agency:CITY OF NORTH MIAMI Thomas F.Pepe V-10-14 Page22 of 74 Address:1770 NE162ND STREET Telephone No.:305-948-2946 Contact Person: Typeof Project renovation/fire safety youth center Name of Agency:Miami Dade County Address:111NW 1ST STREET Telephone No.:786-469-2718 Contact Person:DAVID Typeof Project:PARKING LOT LIGHT POLES Name of Agency:MIAMI DADE COUNTY TRANSIT Address:7Q1N.W.1 ST COURT 15Th Floor Telephone No.:305-799-9578 Contact Person:Jimmy TypeofProject:Bus Shelter Thomas F.Pepe 9-10-14 Page23of74 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 D'JAHANSHAHi.HAMIDR FLORIDA CONSTRUCTION &ENGINEERING INC. 155BENTLEYDR MIAMI SPRINGS FL 33166 Congratulations!With thislicenseyoubecomeoneofthenearly one million Fioridians licensedbythe Department ofBusinessand Professional Regulation.Our professionals andbusinessesrange from architects toyacht brokers,from boxerstobarbequerestaurants, andtheykeepFlorida'seconomystrong. Everyday we-wort;toimprovethewaywedo business inorderto serve ypu.belter.For information about-our services,please logonto www.myfloridalicensexo.m.Thereyoucanfindmoreinformation aboutour divisions andtheregulationsthatimpactyou,subscribe to departmentnewslettersandlearnmore about the Department's initiatives. OurmissionattheDepartmentis:License Efficiently.Regulate Fairly. Weconstantly strive toserveyoubettersothatyoucanserveyour customers.Thankyoufordoing business in rlorida, and congratulations onyournew license! DETACH HERE RICK SCOTT,GOVERNOR (850)487-1395 43%STATE OF FLORIDA if|»DEPARTMENT OF BUSINESS AND^P^PROFE§§l(JNA|||^ CGC038438 :'S^.!^M^::Q8/17/2014 CERTIFIED GE^l4t^ONT^ASF6R. DgAHANSHAHj^MWiffiR**ii::^:-. FLORIDA CONS^U^iO^^^EtplNEERIWG IS CERTIFIED under the provisions of Ch.489 FS. Expiration as>o •AUQ 31.2018 L14O617C0Q2842 KEN LAWSON.SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Undertheprovisionsof Chapter 489 FS Expiration date.:AUG 31,2016 D'JAHANSHAHI.HAMID R FLORIDA CONSTRUCTION:&-ENGINEERING INC. PO BOX 1426 '.'.,—..,•...... MIAMI SPRINGS FL33266 ^' Construction &Engineering,inc.. GENERAL CONTMGWtfi 27*'m®$SERVING DADE RESIDENTIAL -COMMERCIAL -INDUSTRIAL •New Construction •Architectural Design 6 Additions 9 Remodeling Let Our Qualified Engineers &Architects Work For You FREE ESTIMA TE &CONSUL TA TiON LICENSED INSURED STATE CERTIFIED CG CO 38438 LQcaj;tiu.siiiess rax-Receipt Miami-Dade County,State of ftorida -THIS IS fcOTA BILL:-DO NOT-PAY ; 1685578 BUSINESS NAME/LOCATION RECEIPT NO. FLORIDA CONSTRUCTION &ENGINEERING INC RENEWAL 155BENTLEVDR '16S5578 MIAMISPRINGS PL33166 EXPIRES SEFTEMBEBSO^OIB Must b?'displayed at placet or'business Ptji.euant to.CJbunty Codfc •.Cbffptftf firA •«A«.9 &.10 OWNER aORIDA CONSTR &ENGINEERINGINC Workers)1 SEC.TYPE Of-BUSINESS 196 GENERAL BUILDING CONTRACTOR CGC038430 PAVMiSNT RecmvcD uy tax cqaecTOii S45.G0 00/08/2014 •CHECK2J-14-047539 This Local Businesslux Recoipfonly eonlfrmspaymentuJtheLocalBusiness Tax.ThoRoceiptIs not o jicenso, \mtwi,ora carliHcatfon ofthehoiifcrs.quutilfcaiions.to dobusiness,Kohtar roust comply with any fjotferiifnehtai or nonyovernmfcniol regulatory laws awlrequiremiWlsvWttV.il apply tothe business. Tho RECEIPT NO",abuvo imiathoiftsplayeil an all liommercial vohiclns'~foipinfrp.nde'Code Sbc U/1-27H Ht wore information,visit yy Wy/wjfe r .•f D;..'".City Of Miami .Sp/^inga yS ..i„....201.Rastuard Drivel Location a<Jqr „ Huinbe r/C1 a-aa issue date P _ Business Ta;<„ P&rjft-Ky-,v ., Xotel ,-.-• FLA.(XWSTRUa &XrtQTNEKR.IWC Ctl r>br .: 155 fi«HTLHf BRIVB | i-5 O0OO0851 CX^KACTOES MAIffBM»lH8.0FEICS 9/29/14 B^piration date 4 :9/30/16 66,85 -GO f»4^0^-54f?WSSR^S^ 548 NON COLLUSION AFFIDAVIT STATEOFFLORIDA ) ) COUNTY OF MIAMI-DADE ) Hamid R.Djahanshahi being first duly sworn,deposes and states that: (I)He/She/They is/are the OHter (Owner,Partner,Officer,RepresentativeorAgent)of Florida Construction &Engineering,Inc attached Proposal; the Respondent that has submitted the (2)He/She/They is/are fully informed concerning the preparation and contents ofthe attached Proposal andof all pertinentcircumstancesconcerningsuch Proposal; (3)Such Proposal is genuine and isnota collusive or sham Proposal; (4)Neitherthe said Respondent nor any ofits officers,partners,owners,agents,representatives, employees or parties ininterest,including this affiant,haveinanyway colluded,conspired,connived or agreed,directly or indirectly,withanyotherRespondent,firm,orpersontosubmita collusive or sham Proposal in connection withtheWorkforwhichthe attached Proposal has been submitted;or to refrain from Bidding or proposing in connection with such Work;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Respondent,firm,or person to fix any overhead,profit,orcost elements ofthe Proposal orof any other Respondent,orto fix any overhead,profit,orcost elements ofthe Proposal Price orthe Proposal Price of any other Respondent,orto secure through any collusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),or any person interested in the proposed Work; (5)The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,conspiracy,connivance,or unlawful agreement onthe part ofthe Respondent or any other ofits agents,representatives,owners,employees or parties of interest,including this affiant. Signed,sealedanddeliveredinthepresenceof: U\^By:H tft*C>><^?<y Witness •/Sjgnatofe -JSl y /»>*/*.Or.l,.£1- Witness /Print Name and Title /&/*//<-/ Date Page24of74 Thomas F.Pepe 9-10-14 STATE OF FLORIDA COUNTY OF MIAMI-DADE ACKNOWLEDGEMENT ) ) On this the _je2L_.day of <£h~i~-,20JH ,before me,the undersigned Notary Public of the State of Florida,personally appeared (Name(s)of individual(s)who appeared before notary),and whose name(s)is/are Subscribed tothe within instrument,and he/she/they acknowledge that he/she/they executedit. WITNESS myhandandofficialseal. NOTARY PUBLIC: SEAL OF OFFICE: Thomas F.Pepe 9-10-14 (NameofNotary Public:Print, commissioned.) __j^f Personally known 1ito me,or Personal identification: Type of IdentificationProduced Did take an oath,or Did Not take an oath. Page 25 of 74 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed onthe convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid ona Contract to provide any goods or services toa public entity,may not submit a Bid or proposal for a Contract with a public entity for the construction of repair ofa public building or public work,may not submit bids or proposals on leases or real property toa public entity,may notbe awarded to perform Work as a RESPONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant under a Contract with any public entity,and may not transact business with any public entity in excess ofthe threshold amount Category Twoof Section 287.017,Florida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor list". The award of any contract hereunder is subject tothe provisions of Chapter 112,Florida State Statutes. Respondents must disclose with their Proposals,the name of any officer,director,partner,associate or agent who is alsoanofficeroremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORMMUSTBESIGNED AND SWORN TO INTHEPRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to Cityof South Miami [printnameofthe public entity] by Hamid R.Djahanshahi President for [printindividual'snameandtitle] Florida Construction&Engineering,!lnc [printnameofentitysubmittingswornstatement] whosebusinessaddressis 155 Bent,ey Drive Miami sPrln9s and (if applicable)ks Federal Employer Identification Number (FEIN)is 59-2768130 ^tne entityhasno FEIN,includethe Social SecurityNumberofthe individual signing thisswornstatement: •) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes. meansa violation ofanystateor federal lawbyapersonwithrespecttoand directly relatedtothe transaction ofbusinesswithany public entityorwithan agency or political subdivision ofanyotherstate oroftheUnitedStates,including,butnot limited to ,anybid,proposal orcontractforgoodsor services tobe provided toany public entityoran agency or political subdivision ofanyotherstateorofthe UnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3-I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b),Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,withorwithout an adjudication of guilt,in any federal orstate trial courtof record relating to charges brought by indictment or information after July I,1989,asa result ofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133 (I)(a),Florida Statutes,means: (a)Apredecessororsuccessorofapersonconvictedofa public entity crime;or Page26 of 74 Thomas F.Pepe 9-10-14 (b)An entity under the control of any natural person whois active in the management ofthe entity andwhohasbeenconvictedofa public entitycrime.Theterm "affiliate"includes those officers, 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 underan arm's length agreement,shall bea prima facie case thatone person controls another person.A person who knowingly entersintoa joint venturewitha person whohasbeen convicted ofa public entitycrimein Florida during the preceding 36months shall be considered an affiliate. I understand thata "person"as defined in Paragraph 287.133 (I)(e),Florida Statutes,means any natural person or entity organized under the laws of any state orofthe United States with the legal powertoenterintoa binding contract and which bids or proposal or applies tobidor proposal on contractsforthe provision ofgoodsorservicesletbya 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 of an entity. Basedon information andbelief,the statement which I have marked below is true inrelation to the entity splitting this sworn statement [Indicate which statement applies.] ^Neither the entity submitting this sworn statement,nor any of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management ofthe entity, nor any affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July I,1989. .Theentitysubmittingthisswornstatement,oroneormoreofits officers,directors,executives. partners,shareholders,employees,members,or agents who are active in the management ofthe entity, oran affiliate oftheentity has been charged withand convicted ofa public entitycrimesubsequentto Jury I,1989. kThe entity submitting thissworn statement,oroneormoreofits officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management ofthe entity, or an affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent of July I,1989.However,there has been a subsequent proceeding before a Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined thatit was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list,[attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TOTHE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIF1ED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,ANDTHAT THIS FORM IS VALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTOACONTRACTIN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FORCATEGORY TWO OFANY CHANGE INTHE INFORMATION CONTAINED INTHISFORM. / of [Signature] ,70/'?.Sworn to and subscribed before me this Personally known /^"'^ OR Produced identification Notary Public -State of //£-•--{J^£''--'•• My commission expires X:>•'?/;*.^-v (Type of identification)(Printed,typed or stamped commissioned Form PUR 7068 (Rev.06/11 /92)name of notary public) Page 27 of 74 Thomas F.Pepe 9-10-14 DRUG FREE WORKPLACE Whenevertwoormore Bids or Proposals which are equal with respect to price,quality and service are received bytheStateorbyany political subdivisionsfortheprocurementof commodities orcontractualservices,aBidor Proposal received from a business that certifies thatit has implemented a drug-free workplace program shall be given preference inthe award process.Established procedures for processing tie Bids or Proposals shall be followed ifnoneofthetiedvendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1)Publish a statement notifying employees thatthe unlawful manufacture,distribution,dispensing, possession,oruseofa controlled substance is prohibited inthe workplace and specifying the actions that shall betaken against employeesfor violations ofsuch prohibition. 2)inform employees aboutthe dangers of drug abuse inthe workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,andthe penalties thatmaybeimposeduponemployeesfordrugabuse violations. 3)Giveeach employee engaged in providing thecommoditiesorcontractualservicesthatareunder Bidacopyofthestatement specified in Subsection (I). 4)In thestatement specified in Subsection (I),notify the employees,that,asa condition of working ofthe commodities or contractual services thatareunder Bid,he employee shall abide bythe termsofthestatementand shall notify theemployeeofany conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893orofanycontrolled substance law ofthe United States or any state,for a violation occurring in the workplace no later than five (5)business days after such conviction. 5)Impose a sanction on,or require the satisfactory participation inadrug abuse assistance or rehabilitation program,ifsuch \s available intheemployee's community,byanyemployeewhois so convicted. 6)Make agood faith effortto continue to maintain a drug-free workplace through implementation of this section. Astheperson authorized to sign thestatement,I certify thatthis firm complies fully withthe above requirements. RESPONDENTS Signature:R <>-'O,^ Print Name:*/^«>l£*W^/.~-*/JJ'.. Date://^/^-/y^l Page28 of 74 Thomas F.Pepe 9-10-14 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,Hamid R Djahanshahi ,(Nameof CONTRACTOR),hereby acknowledge andagreethatas CONTRACTOR forthe "Police Station FuelingStation Improvements"projectas specified have thesole responsibility for compliance with ail therequirementsofthe Federal Occupational Safety and Health Actof 1970, and all Stateand local safetyandhealth regulations,andagreeto indemnify andhold harmless the City of South Miami and SRS Engineering,Inc.,(Consultant)against anyand all liability,claims,damages,lossesand expensestheymayIncurduetothe failure of(Sub-contractor's names); to comply withsuchactorregulation. CONTRACTOR y r ^</^',- :/LJ ^ A'7'--S"\<>./'-•>&>•?**«-Witness. v.> BY: Name Title Page29of74 Thomas F.Pepe 9-10-14 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS ^OPERsteli list all Proposed Subcontractors to be used on this project ifthey are awarded the Contract. Florida Construction 155 Bentley driveLandscape 305-883-78-01 Soddingand Turf Work Florida Construction 155 Bentley DriveMiamiSprings Electrical Lincoln Electrical 2220 N.50 ave Hnlfvwnnd Ft 305-694-1616 Irrigation Florida Construction 155 BentleyDriveMiami Spring 305-883-76-01 5 Paving Florida Construction 155 BentleyDriveMiami Spring*305-883-76-01 Park Amenities Florida Construction 155BentleyDriveMiamiSpring 5 305-883-76-01 Graphics Florida Construction 155 aeritiey bnve Miami springs 305-883-76-01 Utilities Florida Construction 155 Bentley DriveMiami Springs 305-883-76-01 Excavation Florida Construction 155 Bentley DriveMiami Springs Building Mcgee corporation 12701East Independence blvd Matthews .Ne 1800-525-5589 Structures Florida Construction 155 Bentley DriveMiami Springs Plumbing Jpplumbing 12300 SW 259th terrace Homestead Fl 305-266-1780 Painting TestingLaboratory Soil Fumigator Signs Other: Thislist shall be provided totheCityofSouth Miami bytheapparentlowestresponsiveand responsible Bidder withinfive(5)businessdaysafterBidOpening. Thomas F.Pepe 9-10-14 Page 30 of 74 RELATED PARTY TRANSACTION VERIFICATION FORM I Hamid R PJananshahi ^individually and on behalf of Florida construction &Engineering,inc ("Firm")have Name ofRepresentative CompanylVendorlEntity read the City of South Miami ("CityTs Codeof Ethics, Section 8A-1 ofthe City's Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestofmy knowledge,informationandbelief: (1)neither I northe Firm have anyconflict ofinterest (as defined in section 8A-I)with regard tothe contract or businessthat I,and/orthe Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I nor any employees,officers,directors ofthe Firm,nor anyone who has a financial interest greater than 5%inthe Firm,has any relative(s),as defined in section 8A-1,whois an employee oftheCityorwho is(are) an appointed orelected official ofthe City,orwho is(are)amemberofany public body created bytheCity Commission,;.e.,a board or committee ofthe City,[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis publicly traded,the statement inthis section (2)shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation as to the relationship of employees orthosewho have a financial interest inthe Firm.];and (3)neither I northe Firm,nor anyone who has a financial interestgreater than 5%inthe Firm,nor any member of those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoanycontracts)withtheCityor has a financial interest,director indirect,inany business beingtransacted withthe city,orwithanypersonor agency acting forthecity,otherthanas follows; _(use (if necessary,use a separate sheet to supply additional information that will not fit on this line;however,you mustmake reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stock is publicly traded,thestatement in this section (3)shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation as tothe relationship ofthosewho havea financial interest inthe Firm.];and (4)no elected and/or appointed official or employee ofthe City of South Miami,or any of their immediate family members (i.e.,spouse,parents,children,brothers and sisters)has a financial interest,directly or indirecdy,in the contract between you and/or your Firm and theCityother than the following individuals whoseinterestis set forth following their use a separate names;;___ (if necessary,use a separate sheet to supply additional information that will not tit on this line;however,you must make reference,onthe above line,tothe additional sheet and the additional sheet must be signed under oath). The names of all City employees and thatof all elected and/or appointed city officials or board members,who own,directly or indirectly,an interest of five percent (5%)ormoreofthe total assets of capital stock in the firm are as follows: (if necessary,use a separate sheetto supply additional information that will not fit on this line;however,you must make reference,onthe above line,tothe additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stockis publicly traded,the statement in this section (4)shall be based solely onthe signatory's personal knowledge and he/she is not required to make an independent investigation as tothe financial interest in the Firm of city employees,appointed officials orthe immediate family members of elected and/or appointed official or employee.] (5)I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometousthroughourpositionoftrust,orthroughourperformanceofourdutiesunderthetermsofthe contract with the City,to secure a special privilege,benefit,or exemption for ourselves,or others.We agree that we may not disclose oruse information,not available to member ofthe general public,for our personal gain or benefit or for the personal gain or benefit of any other person or business entity,outside ofthe normal gain or benefit anticipated throughtheperformanceofthecontract. (6)I and the Firm hereby acknowledge thatwe have not contracted or transacted any business with the City or any person or agency acting forthe City,and thatwe have not appeared in representation of any third party Page 31 of 74 Thomas F.Pepe 9-10-14 beforeany board,commission or agency oftheCity within the past two years otherthanas follows:a (,-f necessary,usea separate sheettosupply additional information thatwillnotfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath). X:\Purchasing\Vendor Registration 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I norany employees,officers,or directors ofthe Firm,nor any of their immediate family (i.e.,as a spouse,son,daughter,parent,brother or sister)is related by blood or marriage to:(i)any member ofthe City Commission;(ii)anycity employee;or (iii)anymemberofany board or agency oftheCityotherthanas follows: (ifnecessary,useaseparatesheettosupply additional informationthat will notfitonthis line;however,youmustmakereference,ontheabove line,tothe additional sheet and the additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stockis publicly traded,the statement in this section (7) shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation astothe relationship bybloodor marriage of employees,officers,or directors ofthe Firm,orofany of their immediate family to any appointed or elected officials ofthe City,ortotheir immediate family members]. (8)NoOther Firm,nor any officers or directors ofthatOther Firm or anyone who has a financial interest greater than 5%inthatOther Firm,nor any memberofthose persons'immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any ofmy immediate family members (hereinafter referred toas "Related Parties")has respondedtoa solicitation bytheCityinwhich I orthe Firm that I representoranyonewhohasa financial interestgreaterthan 5%inthe Firm,oranymemberofthosepersons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealsoresponded,otherthanthe following: -(^ necessary,useaseparatesheettosupply additional information thatwillnotfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(8)shall be based solelyonthe signatory's personal knowledge and he/sheisnot required tomakean independent investigation intotheOther Firm,orthe Firm he/she represents,as totheir officers,directors oranyone having a financial interestinthose Firms oranyoftheir any memberofthose persons'immediate family.] (9)I andthe Firm agreethatweareobligatedtosupplementthis Verification FormandinformtheCityofany changeincircumstancesthatwouldchangeouranswerstothisdocument.Specifically,aftertheopeningofany responses to asolicitation,I and the Firmhaveanobligation to supplement thisVerificationFormwith the name of all Related Parties whohavealsorespondedtothesame solicitation andtodisclosethe relationship ofthose parties to me and the Firm. (10)A violation oftheCity's Ethics Code,the giving ofany false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm to immediate termination ofany agreement withtheCity,and the impositionofthemaximumfineand/orany penalties allowedby law.Additionally,violationsmaybeconsideredby andsubjecttoactionbythe Miami-Dade CountyCommissionon Ethics.Underpenaltyof perjury,I declarethat I havemadeadiligent effort to investigate the matterstowhich I am attesting hereinabove andthatthe statements madehereinaboveare true and correct to the bestofmyknowledge,informationandbelief. Signature:..(J*#L *CK ,t.*/^''C Print Name &Title:/;^"»>y/<//.->,d^^-/W ./{. Date:_j£2/k./'¥ A ATTACHED: Sec.8A-I -Conflict of interest and code of ethics ordinance. Municode Page 10f4 Page 32 of74 Thomas F.Pepe 9-10-14 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. This section shallbedesignatedand known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance."Thissection shall be applicable to all citypersonnelasdefinedbelow,andshallalsoconstitutea standardofethicalconductandbehaviorfor all autonomouspersonnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.Theprovisionsofthissection shall beappliedinacumulativemanner.By wayofexample,andnotasalimitation,subsections(c)and(d)maybeappliedto the same contract ortransaction. (b)Definitions.For thepurposesofthissectionthefollowingdefinitionsshallbeeffective: (1)The term "commission members"shall referto the mayorandthe members of thecitycommission. (2)Theterm"autonomous personnel"shall refertothemembersofautonomous authorities,boardsand agencies, suchasthecitycommunityredevelopment agency andthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,theenvironmentalreview andpreservationboard,the code enforcement boardandsuch other individuals,boardsand agencies of thecityas perform quasi-judicial functions. (4)Theterm"advisorypersonnel"shall refertothemembersofthosecityadvisoryboardsand agencies whose soleor primary responsibility istorecommend legislation orgive advice tothecitycommission. (5)Theterm "departmental personnel"shall refertothecityclerk,thecity manager,department heads,thecity attorney,andallassistantstothecityclerk,citymanagerandcityattorney,however titled, (6)Theterm "employees"shall referto all other personnel employed bythecity. (7)Theterm"compensation"shallrefertoanymoney,gift,favor,thingofvalueor 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 oftheoutstanding capital stock inanycorporationoradirectorindirectinterest often percentormoreina firm, partnership,or other businessentityatthetimeoftransactingbusinesswiththecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothers and sisters ofthe person involved. (10)Theterm "transact any business"shall refertothe purchase or sale bythecityof specific goodsor services for consideration andtosubmittingabid,a proposal inresponsetoa RFP,astatementof qualifications inresponse toarequestbythecity,orenteringintocontractnegotiationsfortheprovision onany goods or services,whichever firstoccurs. (c)Prohibitionon transacting businesswiththe city. Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto anycontractortransactanybusinessinwhichthatpersonoramemberoftheimmediate family hasa financial interest,directorindirectwiththecityoranypersonor agency acting forthecity,andanysuchcontract, agreementorbusinessengagemententeredin violation ofthissubsection shall renderthe transaction voidable. Willful violation of this subsection shall constitute malfeasance in office andshall affect forfeiture of office or position.Nothinginthissubsection shall prohibitormake illegal: (1)The payment oftaxes,special assessments orfeesfor services provided bythecity government; (2)The purchase of bonds,anticipation notesorother securities that may be issued bythecity through underwriters or directlyfrom time to time. Waiver of prohibition.The requirements ofthis subsection maybe waived fora particular transaction onlyby four affirmative votesofthecitycommissionafter public hearingupon finding that (1)An open-to-all sealed competitive proposal has been submitted byacity person as defined in paragraphs (b)(2), (3)and(4); (2)The proposal hasbeensubmittedbya person or firm offering services withinthescopeofthe practice of architecture,professionalengineering,orregisteredlandsurveying,asdefinedbythelawsof the stateand pursuant tothe provisions of the Consultants'Competitive Negotiation Act,andwhenthe proposal hasbeen submittedbyacitypersondefinedin paragraphs (b)(2),(3)and (4); (3)Thepropertyor services tobe involved inthe proposed transaction are unique and thecitycannot avail itself ofsuch property orservices without enteringatransactionwhichwouldviolatethissubsectionbutforwaiverof its requirements;and (4)That the proposed transactionwillbein the best interest ofthecity. Thissubsection shall be applicable onlyto prospective transactions,andthecity commission mayinnocase ratify a transaction entered in violation of this subsection. Provisions cumulative.Thissubsection shall betakentobe cumulative and shall notbeconstruedtoamendor repeal any other lawpertainingto the samesubjectmatter. Page33of74 Thomas F.Pepe 9-10-14 (d)Further prohibition on transacting business withthecity. No person included inthe terms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into any contract or transact any business through a firm,corporation,partnership or business entityin which that person or any member ofthe immediate family has a controlling financial interest,direct or indirect,with the city or any person or agency acting for the city,and any such contract,agreement or business engagement enteredin violation of this subsection shall render the transaction voidable.The remaining provisions of subsection (c)will also be applicable tothis subsection asthough incorporated by recitation. Additionally,no person included in the term defined in paragraph (b)(1)shall voteonor participate in anyway in any matter presented tothecitycommission ifthat person has any ofthe following relationships with any ofthe persons or entities which would beor might be directly or indirectly affected by any action ofthe city commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,or creditor,ifin any instance the transaction ormatterwould 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 orwhowouldor might,directly or indirectly,realize aprofitbythe action ofthecity commission shall notvoteon or participate inany way in the matter. (E)Gifts. (l)Definition.Theterm "gift"shall refertothe transfer of anything of economic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemorpromise,orinanyotherform,without adequate andlawful consideration. (2)Exceptions.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 ofa third party to thedeliveryofagiftthatisprohibitedunder paragraph(3); c.Awards forprofessionalorcivic achievement; d.Material such asbooks,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 foranypersonorentitytooffer,giveoragreetogivetoanyperson included intheterms defined in paragraphs (b)(1)through (6),or for any person included intheterms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfromanotherpersonorentity,anygiftfororbecauseof: a.An official public action taken,ortobe taken,or which could be taken,or an omission or failure totakea public action; b.A legal duty performed ortobe performed,or which could be performed,oran omission or failure to perform a legal duty; c.A legal dutyviolatedortobeviolated,orwhichcouldbeviolatedbyanypersonincludedinthetermdefinedin paragraph (b)(1);or d.Attendance orabsencefromapublicmeetingatwhich official actionistobetaken. (4)Disclosure.Any person included intheterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or series of gifts fromanyonepersonorentity,having a value inexcessof $25.00.The disclosure shall bemadeby filing acopyofthedisclosureformrequiredbychapter 112,Florida Statutes,for "local officers"withthecityclerk simultaneously withthe filing oftheformwiththeclerkofthecountyandwiththe Florida Secretary of State. (f)Compulsory disclosureby employees of firmsdoingbusiness with thecity. Should anyperson included inthetermsdefinedin paragraphs (b)(1)through(6)beemployedbya corporation, firm,partnership orbusinessentityinwhichthatpersonortheimmediate family doesnothavea controlling financial interest,andshouldthecorporation,firm,partnershiporbusiness entity havesubstantialbusiness commitmentstoorfromthecityoranycity agency,orbesubjecttodirect regulation bythecityoracity agency, thenthe person shall file aswornstatement disclosing suchemployment and interestwiththeclerkofthe city. (g)Exploitation of officialpositionprohibited. Noperson included intheterms defined in paragraphs (b)(l)through(6)shall corruptlyuseorattempttousean official positiontosecure special privileges orexemptionsforthatpersonorothers. (h)Prohibition onuse of confidential information. Noperson included inthe terms defined in paragraphs (b)(1)through (6)shall acceptemploymentor engage in anybusinessorprofessionalactivitywhich one might reasonably expect wouldrequireorinduceonetodisclose confidential informationacquiredbyreasonofan official position,nor shall that person in fact ever disclose confidential information garnered or gained through an Page34of74 Thomas F.Pepe 9-10-14 official positionwiththecity,nor shall thatpersoneverusesuchinformation,directlyorindirectly,for personal gainor benefit. (I)Conflicting employment prohibited. Nopersonincludedinthe terms definedin paragraphs (b)(1)through(6)shallaccept other employment which wouldimpairindependenceofjudgmentintheperformanceofany public duties. (j)Prohibition on outside employment. (1)Nopersonincludedin the termsdefinedin paragraphs (b)(6)shall receiveanycompensationforservicesasan officeroremployeeofthecityfromanysourceotherthanthecity,exceptasmaybepermittedas follows: a.Generally prohibited.Nofull-timecityemployee shall acceptoutsideemployment,either incidental,occasional or otherwise,where citytime,equipmentor material istobeusedorwheresuch employment oranypart thereof is tobe performed oncitytime. b.When permitted.Afull-timecityemployeemayaccept incidental or occasional outside employment solongas such employment is not contrary,detrimental oradverseto the interest of the cityorany of its departments and theapprovalrequiredinsubparagraphc.isobtained. c.Approval of departmentheadrequired.Anyoutside employment byany full-time city employee mustfirstbe approvedinwritingbytheemployee'sdepartmentheadwho shall maintain acompleterecord of such employment. d.Penalty.Anypersonconvictedofviolatinganyprovisionofthissubsectionshallbepunishedasprovidedin section I-11 of the Code of Miami-Dade Countyand,inaddition shall besubjectto dismissal bytheappointing authority.Thecitymayalsoassess against aviolatorafine not toexceed$500.00andthecosts of investigation incurred by the city. (2)All full-time cityemployeesengagedinanyoutside employment foranyperson,firm,corporationorentity other than the city,or any of itsagenciesorinstrumentalities,shall file,underoath,anannual report indicating the source of theoutside employment,thenatureofthe work beingdoneandanyamountof money or other considerationreceivedby the employeefromtheoutside employment.Cityemployeereportsshallbe filed with thecityclerk.Thereports shall be available atareasonabletimeandplaceforinspectionbythe public.Thecity managermayrequire monthly reports from individual employees or groups of employees forgoodcause.. (k)Prohibited investments. Noperson included in theterms defined in paragraphs (b)(1)through(6)oramemberoftheimmediate family shall have personal investments In anyenterprisewhich will createa substantial conflictbetweenprivateinterests and the public interest. (I)Certain appearances and payment prohibited. (1)Nopersonincludedinthetermsdefinedin paragraphs (b)(1),(5)and(6)shall appearbeforeanycityboardor agencyandmakea presentation onbehalfofathirdpersonwith respect toanymatter,license,contract, certificate,ruling,decision,opinion,rateschedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall thepersonreceiveanycompensationorgift,directlyorindirectly,forservicesrenderedtoathirdperson,who has applied fororisseekingsomebenefitfromthecityoracity agency,inconnectionwiththe particular benefit soughtbythethirdperson.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisortoapartywhoseeks legal relieffromthecityoracityagencythroughthesuitinquestion. (2)Noperson included inthetermsdefinedin paragraphs (b)(2),(3)and(4)shall appear beforethecity commission oragencyonwhich the personserves,either directly or throughanassociate,and make a presentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rateschedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall suchpersonreceiveany compensation or gift,directly or indirectly,for services renderedtoathird party whohas applied fororis seeking somebenefitfromthecitycommissionoragencyonwhichthepersonservesinconnectionwiththe particular benefitsoughtbythethirdparty.Nor shall thepersonappearinanycourtorbeforeanyadministrative tribunal as counselor legal advisortoathirdpartywhoseeks legal relieffromthecitycommissionoragencyonwhichsuch personservesthrough the suitinquestion. (m)Actions prohibited when financial interests involved. Nopersonincludedinthe terms definedin paragraphs (b)(I)through(6)shall participate inany official action directlyorindirectlyaffectingabusinessinwhichthatpersonoranymemberoftheimmediate family hasa financial interest.A financial interest isdefinedinthissubsectionto include,but not belimitedto,anydirector indirect interest inany investment,equity,or debt, (n)Acquiring financial interests. Nopersonincludedinthe terms definedin paragraphs (b)(1)through(6)shall acquirea financial interest ina project,business entity or property atatimewhenthepersonbelievesorhasreason to believethatthe financial Page35 of 74 Thomas F.Pepe 9-10-14 interest may be directly affected by official actions orby official actions bythe city orcity agency of which the personisan official,officeroremployee. (0)Recommending professional services. No person included intheterms defined in paragraphs (b)(I)through (4)may recommend the services of any lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist inany transaction involving thecityoranyofits agencies,provided thata recommendation mayproperlybemadewhenrequiredtobemadebythedutiesof office and in advance ata public meeting attended byothercity officials,officers or employees. (p)Continuing application after cityservice. (1)No person included intheterms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his orhercityservice or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,request for ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subject matterin which thecityoroneofits agencies isapartyor has anyinterestwhatever,whetherdirector indirect. Nothing contained inthis subsection shall prohibit any individual from submitting a routine administrative request or application toacitydepartmentoragency during thetwo-yearperiodafterhisorherservicehasceased. (2)The provisions ofthe subsection shall not apply to persons whobecomeemployedby governmental entities, 501 (c)(3)non-profit entitiesor educational institutions or entities,and who lobby on behalf ofthose entities in theirofficialcapacities. (3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whosecity service or employment ceased after the effective date of the ordinancefromwhichthis section derives. (4)No person described in paragraph (p)(l)whosecity service or employment ceased within two years prior to theeffectivedateofthis ordinance shall foraperiodoftwoyearsafterhisorherserviceoremploymententer intoa lobbying contracttolobby any city official in connection withanysubject described in paragraph (p)(l)in whichthecityoroneofitsagenciesisapartyorhasanydirectand substantial interest;andinwhichheorshe participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,orotherwise,duringhisorhercityserviceoremployment.Aperson participated "directly" whereheorshewas substantially involved inthe particular subjectmatterthrough decision,approval,disapproval, recommendation,therendering of advice,investigation,orotherwise,duringhisorhercityserviceor employmentAperson participated "indirectly"whereheorshe knowingly participated inanywayinthe particular subjectmatterthrough decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during hisorhercityserviceoremployment.Allpersonscoveredbythis paragraph shall executean affidavit onaformapprovedbythecityattorneypriorto lobbying anycity official attestingthatthe requirementsofthissubsectiondonotprecludethepersonfrom lobbying city officials. (5)Anypersonwho violates thissubsection shall besubjecttothe penalties providedinsection8A-2(p). (q)City attorney to render opinions on request. Whenever anypersonincludedinthetermsdefinedin paragraphs (b)(1)through(6)and paragraph (b)(9)isin doubt as to the proper interpretation orapplication of thisconflictof interest and code of ethicsordinance,or whenever anypersonwhorendersservicestothecityisindoubtastothe applicability oftheordinancethat person,maysubmittothecityattorneya full written statement ofthe facts andquestions.Thecityattorney shall thenrenderanopinion to suchpersonand shall publish theseopinionswithoutuseofthenameoftheperson advisedunless the person permits the use of aname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680.§I.adopted 3-2-99,repealed §§8A-Iand8A-2intheirentiretyand replaced them with new §§ 8A-1 and8A-2.Former §§8A-1 and 8A-2 pertainedto declaration ofpolicyand definitions,respectively,and derivedfrom Ord.No.634,§§I (I A-1),I (IA-2)adopted Jan.II,1969. END OF SECTION Page36of74 Thomas F.Pepe 9-10-14 CONTRACT "Police Station Fueling Station Improvements'1 THIS CONTRACT wasmadeandenteredintoonthis and between /v^n^srfL U&n5*l>^\^»^.n^^y "Contraaor"),and theCityof South Miami (hereafter referredTto as "Owner"),through its City Manager (hereafter referred toas"City"). WITNESETH: That,the Contractor,forthe consideration hereinafter fully setout,hereby agrees with theOwneras follows: 1.The Contractor shall furnish all labor,materials,equipment,machinery,tools,apparatus,transportation andany other itemsnecessarytoperformalloftheworkshownonanddescribedinthe Contract Documentsandshalldo everything requiredbythis Contract andthe other Contract Documents,and hereinafter referred to as the Work. 2.TheContract Documents shall include this Contract,the General Conditions tothe Contract,if any,the drawings,plans,specifications andproject manual,if any,any supplementary or special conditions,other documents referringtothiscontractand signed bythe parties,the solicitation documents ("hereinafter referred toas"Bid Documents")andanydocumentstowhich those documents refer and that areused bythe Owner aswellasanyattachmentsorexhibitsthataremadeapartofanyofthedocuments described herein. 3.TheContractor shall commencetheWorktobeperformedunderthisContractonadatetobe specified inaNoticetoProceedandshallcompleteall Work hereunder withinthelengthoftime set forthinthe Contract Documents. 4.TheOwnerherebyagreestopaytothe Contractor forthe faithful performanceofthis Contract,subject toadditionsanddeductionsasprovidedintheContractDocumentsandanyproperlyapproved,written Qf^j,°$ersy ^r kwM mo2?y^°f /ty*/7 United States,the amount of:CfaJL~6*£SrtiJ?Jha^^6M M^/LAm\\m ft/AO/M?.00^).Lump Sum ("Contract Price").'/Zrr-L &-ft fi^C^/^gp (Spell Dollar Amountonlineabove)r {' 5.Theexpensesofperforming Work afterregularworkinghours,andonSundayand legal holidays shall be includedinthe Contract Price.However,nothingcontainedhereinshallauthorize work ondaysand duringhours that are otherwise prohibitedbyordinanceunless specifically authorized or instructedin writingby the City. 6.Ifthe Work is expected to require morethanonemonth,the Owner shallmakemonthlypartial payments to the Contractor onthebasisofadulycertifiedand approved scheduleofvaluesforthe Work performed duringeachcalendarmonthbythe Contractor,less the retain age(allasprovidedforin the Contract Documents),whichistobewithheldbythe Owner untilcompletionandacceptanceofthe complete project in accordance withthis Contract and the other Contract Documents anduntilsuch Work hasbeen accepted by the City. 7.Uponsubmissionbythe Contractor ofevidencesatisfactoryto the Owner that alllabor,material,and other costsincurredbythe Contractor inconnectionwiththe construction ofthe Work havebeenpaid in full,and after compliancewith the terms forpaymentprovidedforin the Contract Documents,final paymenton account ofthis Contract shallbemadewithinsixty(60)calendardaysafterthe completion by the Contractor ofall Work covered bythis Contract and the acceptance ofsuch Work by the Owner. 8.Inthe event that the Contractor shall fail to complete the Work withinthetimelimitstipulatedin the Contract Documents,or the extended timelimitagreedupon,in accordance withthe procedure as more particularly set forth in the Contract Documents,liquidateddamagesshallbepaidby the Contractor at therateof $3000.00 dollars per day,plusanymoniespaidby the Owner to the Consultant,ifany,for additionalengineeringandinspectionservices,ifany,associatedwithsuchdelay. 9.Itisfurther mutually agreedbetweenthepartiesheretothatifaPaymentand/orPerformanceBond ("Bond")isrequiredand if,atanytimeaftertheexecutionofthis Contract andtheBondforits faithful performance andpayment,the CityshalldeemtheSurety or Suretiesuponsuchbond(s)to be unsatisfactory,or if,foranyreasonsuchbondceasestobe adequate tocoverthe performance of the Work or paymentto subcontractors andsuppliers,the Contractor shall,atitsexpensewithin five (5) businessdays after the receipt ofnoticefromtheCityso to do,furnishanadditionalbond or bondsin SjUch formand amount andwithsuchSurety or Suretiesasshallbe satisfactory to theCity.Insuchevent, Page 38 of74 Thomas F.Pepe 9-10-14 10. II. 12. no further payment tothe Contractor shall be deemed tobe due under this Contract until such newor additional security for the faithful performance oftheWork is furnished in the manner and in the form satisfactory to the City. No additional Work orextras shall bedone unless thesameisdulyauthorizedinwritingandin advance ofthe workby appropriate action bytheCity and in accordance withthe Contract Documents. Thedatethatthis contract was"madeandenteredinto"isthedatethat the lastpartysignsthis contract The EffectiveDate of this contract is the dateitwasmadeand entered intoor,if the contract isrequiredtobe approved by resolution ofthe City Commission,thenthe Effective Date isthe date ofthe resolution. The date that this contract was "made and entered into"andits effective dateis the date that the contractisthesignedbytheCity. IN WITNESS WHEREOF,the parties hereto have executed this Contract onthe day and date set forth nextto their name below and may be signed in oneor more counterparts,each of which shall,without proof or accounting fortheother counterpart,bedeemedan original Contract CONTRACTOR:/teKi^t^<^^4fey?&fayt^^^3%. Signature:t**»..0,**si*St Name^lL^<^yf^ft.Op.1**k L+A*' TitleH^s^^ Signature:v Maria Menen City Clerk Thomas F.Pepe 9-10-14 OWNER: Signature:. ^^^Steven Alexander CityManager Page 39of74 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Whenever usedin these General Conditions or in the other Contract Documents,the following terms shallhave the meaningindicated.These definitionsshallalwaysapply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document However,when the section of the Contract,where the word to be defined is used,does not specifically refers to this Article to define the word or group of words,the definitions contained inthis Article shall not applyunless the word or group of words,in the context of itor their usein the Contract Document in question,is/areambiguousand open for interpretation.Inaddition,these definitionsshallalso not apply to interpret terms inaspecificprovision of a Contract Document if that specificprovisioncontainsadefinition of these terms: Addenda:Written orgraphic documents issuedprior to the Bid Opening which modify or interpret the Contract Documents,DrawingsandSpecifications,byaddition,deletions,clarificationsor correction. Application for Payment-Aform approved bytheCONSULTANTwhichistobeusedbythe CONTRACTOR in requesting progresspayments. Bid:Theofferorproposalof the Biddersubmittedontheprescribedformsettingforththepricesand other terms for the Work to be performed. BidderAnyperson,firmorcorporationsubmittingaresponse to theCity'ssolicitationforproposalsor bids for Work. Bid Documents:The solicitationforbidsorproposalsandall documents that make up the solicitation including the instructions,form of documents andaffidavits. Bonds:Bidbond,performanceandpaymentbondsand other instrumentsofsecurity,furnishedbythe CONTRACTOR anditssuretyin accordance withtheContractDocumentsandin accordance withthe laws of the State of Florida. Change Order.AwrittenordertotheCONTRACTOR signed bytheCity authorizing an addition, deletionorrevisioninthe Work,oranadjustmentintheContract Price ortheContractTimeissuedafter execution of the Contract. CITY:TheCity Manager fortheCityof South Miami,6130 Sunset Drive,South Miami,FL 33143. ConstructionObserver:Anauthorized representative oftheCONSULTANT assigned toobservethe Work performed and materials furnished bythe CONTRACTOR or such other person as may be appointed by theCITYashis representative.TheCONTRACTOR shall be notified in writing oftheidentityofthis representative. Contract Documents:The Contract Documents shall include the Contract between the Owner and the Contractor,other documents listedin the Contract andmodificationsissuedafter execution of the Contract as wellas all Bid Documents including butnot limited tothe solicitation for Bid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificates and policies,theNoticeofAward,theNoticeto Proceed,the General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications, Drawings,including any incorporated specifications,addenda tothe drawings issued prior to execution ofthe Contract,Change Orders,Construction Change Directives and any written orderforaminor change inthe Work,and written modifications to any of the Contract Documents. Contract Price:Thetotalmoneys payable totheCONTRACTOR pursuant tothetermsoftheContract Documents. Contract Time:Thenumberof calendar days statedintheContractforthe completion oftheWork. Contracting Officer The individual who is authorized to sign the contract documents on behalf ofthe CITY'Sgoverningbody. CONTRACTOR:The person,firm or corporation withwhomtheCITY has executedthe Contract. CONSULTANT:The person identified as the CONSULTANT inthe Supplementary Conditions oras designated bytheCITYin writing and delivered tothe CONTRACTOR. Day:A period of twenty-four hours measured from the beginning ofthe day at 12:01 a.m.and it shall be presumed tobea calendar day unless specifically designated as a business day. Days:The number of twenty-four (24)hour periods following the event to which the word "days"refers commencing at 12:01 a.m.atthe start ofthenext day.Therefore,in computing any period of time prescribed or allowed bythe Contract Documents,the day ofthe act,event or default from which the designated period of time begins to run shall notbe included.The last day ofthe period so computed shall be included unless itisa Saturday,Sunday or legal holiday,in which event the period shall run until the end ofthenext business day that is not a Saturday,Sundayor legal holiday. Page 40of74 Thomas F.Pepe 9-10-14 DefectiveWork:Work thatis unsatisfactory,faulty,ordeficientinthatitdoes not conformto the ContractDocuments,ordoesnot meet therequirementsofany applicable inspection,reference standard,test,or approval referredtointheContract Documents,orhasbeen damaged priortothe CONSULTANTS recommendation of final payment (unless responsibility forthe protection thereof has been delegated tothe City); substitutions thatarenot properly approved and authorized,any deficiency intheWork,materials and equipment; materials andequipment furnished undertheContractthatarenotgood quality and new unless otherwise required or permitted by the Contract Documents. Drawings:The drawings whichshowthe character andscopeofthe Work tobeperformedandwhich havebeenpreparedorapprovedbytheCONSULTANTandarereferredtointheContractDocuments. Field Order:Awrittenorder issued bytheCONSULTANTwhich clarifies orinterpretstheContract Documentsin accordance with Paragraph 9.3 orordersminor changes inthe Work in accordance with paragraph 10.2. Modification:(a)Awritten amendment oftheContract Documents signed byboth parties,(b)a Change Order signed byboth parties,(c)awritten clarification or interpretation if issued bytheCONSULTANTin accordance with paragraph 9.3 or (d)awrittenorderforminor change or alteration inthe Work issued bythe CONSULTANT pursuant to Paragraph 10.2.A modification mayonlybe issued afterexecutionofthe Contract,it mustbein writing and signed bytheparty against whomthe modification issoughttobeenforced. NoticeofAward:The written noticebyCITYtotheapparentsuccessfulBidderstatingthatupon compliance with the conditions precedent tobe fulfilled byit within thetime specified,CITY will execute and deliver the Contract to him. Noticeto Proceed:Awrittennotice given byCITYtoCONTRACTOR (with copyto CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall startto performits obligations underthe Contract Documents. Person:An individual or legal entity. Project:Theentireconstruction operation befng performedas delineated intheContractDocuments. -Shop Drawings:All drawings,diagrams,illustrations,brochures,schedules and other data which are prepared bytheCONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,and which illustrate the equipment,material orsome portion ofthework and as required bytheContract Documents. Samples:Physical examples which illustrate materials,equipment or workmanship and establish standards -bywhichthe Work willbejudged. Specifications:Those portions ofthe Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied totheWork. Subcontractor An individual,firm or corporation having adirectcontractwithCONTRACTORorwith anyotherSubcontractorforthe performance ofa part ofthe Work attheconstruction site. Substantial Completion:The date,as certified bytheCONSULTANT,whenthe construction ofthe Project ora certified part thereofis sufficiently completed,in accordance withthe Contract Documents,sothat the Project,ora substantial part,can be utilized forthe purposes for which itwasintendedwithout restriction or limitation toany degree,other than forthe repair ofminor"punch list"items;oriftherebeno such certification, thedatewhen final payment isduein accordance with paragraph 14.9.However,innoevent shall the project or portion thereof,be deemed tobe substantially completed until a certificate of occupancy or certificate ofuseis lawfully issued bythe applicable governmental agency.A certificate of Substantial Completion,issued bythe CONSULTANT,shall benullandvoidifitisbasedon false,misleading or inaccurate information,fromanysource, or when itwouldriothavebeenissue but fortheconsideration of Work that is thereafter found to bedefective to a degree greater than that which would normally tobe considered bythe City tobe minor "punch list"work. Supplier:Any person or organization who supplies materials or equipment for theWork,including the fabrication ofanitem,butwhodoesnotperformlaboratthesiteofthe Work. Surety:The individual or entity whois an obligor ona Bond and whois bound with the CONTRACTOR for the full and faithful performance ofthe Contract and for the payment of all labor,services and materials used on the project. Work:Anyand all obligations,duties and responsibilities necessary for the successful performance and completion of the Contract. Notice:The term "Notice"asusedhereinshallmeanand include all written notices,demands, instructions,claims,approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person tothe individual ortoa member of the firm orto an officer ofthe corporation for whom it is intended,orto an authorized representative of such individual,firm,or corporation,orif delivered ator sent by registered mail tothe last known business address. Page 41 of74 Thomas F.Pepe 9-10-14 Unless otherwise stated inwriting,anynotice to ordemandupon the CITY under this Contract shallbedelivered to the CITY'S Managerand the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 x The CITY reserves the right to reject anyandallBids,atitssole discretion.Bidsshallbeawardedby the CITY to the lowest responsive andresponsibleBidder.No Notice of Award shallbegivenuntil the CITY has concluded itsinvestigation,asit deems necessary,to establish,to the satisfaction of the CITY*which Bidderis the most responsive andresponsibleofall the Bidders to complete the Work within the time prescribedandinaccordancewiththeContractDocuments.TheCITYreservestherighttorejectthe Bidof any Bidder who is not believed to be,inthesolediscretionandsatisfactionoftheCity,to be sufficiently responsible,qualified and financial abletoperformthework.In analyzing a Bid,the CITYmay alsotakeinto consideration alternateandunitprices,if requested by the Bidforms.If the Contract is awarded,the CITYshallissue the Notice ofAwardandgive the successfulBiddera Contract for execution withinonehundredeighty (180)calendardayafteropeningof Bids. Execution of Contract: 2.2Atleastfourcounterpartsofthe Contract,the Performance and Payment Bond,the Certificates of Insurance,thewrittennoticeof designated supervisororsuperintendentasprovidedinSection 6.1 oftheGeneral Conditions and suchotherDocumentsas required bytheContract Documents shall beexecutedand delivered by CONTRACTOR totheCITYwithinten (10)calendar days ofreceiptoftheNoticeofAward.AContract Documentthat requires the signature ofa party maybeexecutedin counterparts separately by each ofthe parties and,insuchevent,each counterpart separately executed shall,withoutproofor accounting fortheother counterpart be deemed an original Contract Document ForfeitureofBidSecurity/PerformanceandPaymentBond: 2.3Withinten (10)calendar days of being notified ofthe Award,CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions ofthe Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall beintheamountofonehundredpercent (100%)oftheContract Price guaranteeing toCITYthe completion and performance oftheWork covered in such Contract as well as full payment of all suppliers,material man,laborers,or Subcontractor employed pursuant tothisProject Each Bond shall bewitha Surety company whose qualifications meetthe requirementsofSections 2.3.4,2.3.5,and 2.3.6. 2.3.2 Each Bond shall continue ineffectfor fwe year after final completion and acceptance oftheWork with the liability equal toone hundred percent (100%)ofthe Contract Sum.The Performance Bond shall beconditionedthat CONTRACTOR shall,uponnotificationbyCITY,correct any patent defective or faulty Workor materials which appear within one year after final completion ofthe Contract and shall,upon notification by CITY,correct any latent defective or faulty Work or materials which appear within five yearafter final completion oftheContract 2.3.3 Pursuant tothe requirements of Section 255.05(I),Florida Statutes,CONTRACTOR shall ensure thatthe Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITYwith evidence of such recording. 2.3.4 Each Bond mustbe executed byasurety company authorized todo business inthe State of Florida as a surety,having a resident agent in the State of Florida and having been in business with a record ofsuccessfulcontinuousoperationforaleastfive(5)years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bondsin accordance withthe United States Department of Treasury Circular 570,current revisions. 2.3.6 The CITY will accept a surety bond from a company witha rating A.VII orbetter. 2.3.7 Failure ofthe successful Bidder to executeand deliver theContractand deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause fortheCITYto annul theNoticeofAwardand declare the Bid andanysecuritytherefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with,and assumes full responsibility for having familiarized itselfwiththenatureandextentoftheContract Documents,Work,locality,andwith all local conditions and federal,state and local laws,ordinance,rules and regulations that may in any manner affect performance ofthe Work,and represents that it has correlated its study and observations with the Page 42of74 Thomas F.Pepe 9-10-14 requirements ofthe Contract Documents.CONTRACTOR also represents thatit has studied all surveys and investigations,reportsof subsurface and latent physical conditions referredtointhe specifications andmadesuch additional surveys and investigations asitdeems necessary forthe performance ofthe Work reflected in the Contract Documents and that hehas correlated the results of allsuchdata with the requirementsof the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to runon the date stated in the Notice to Proceed. Starting the Project: 2.6CONTRACTOR shall startto perform its obligations undertheContract Documents onthedatethe ContractTimecommencestorun.No Work shall bedoneatthesite(asdefinedinArticle I),priorto thedateonwhichtheContractTimecommencestorun,except withthe written consentoftheCITY Before Starting Construction: 2.7Before undertaking eachpartoftheWork,CONTRACTOR shall carefully studyandcomparethe ContractDocumentsandcheckandverifypertinent figures shownthereonand all applicable field measurementsandconditions.It shall atoncereportinwritingto CONSULTANT any conflict,error,or discrepancy which itmay discover.Neither the CITY northe CONSULTANT shall be liable for any harm,damage or loss suffered by CONTRACTOR asaresultofits failure to discover any conflict,error, or discrepancy inthe Drawings or Specifications nor shall theCONTRACTORbeentitleto any compensation forany harm,damage or loss suffered bytheCONTRACTORduetoany conflict,error, or discrepancyin the Contract Documents. Schedule of Completion: 2.8 Within Five (5)business days after delivery ofthe Notice to Proceed byCITYto CONTRACTOR, CONTRACTOR shall submittoCONSULTANTfor approval,anestimatedconstructionschedule indicating the starting and completion dates ofthe various stages oftheWork,and a preliminary schedule ofShop Drawing submissions.The CONSULTANT shall approve this schedule or require revisions thereto within seven (7)calendar days ofits submittal.If thereismore than one CONTRACTOR involved in the Project,the responsibility for coordinating theWorkof all CONTRACTORS shall be providedin the Special Conditions. 2.9Within five (5)business days after delivery ofthe executed Contract byCITYto CONTRACTOR,but before starting the Work atthe site,a pre-construction conference shall be held to review the above schedules,to establish procedures for handling Shop Drawings and other submissions,and for processing Applications for Payment,and to establish a working understanding between the parties as tothe Project. Presentattheconference will bethe CITY'S representative,CONSULTANT,ResidentProject Representatives,CONTRACTOR anditsSuperintendent Qualifications of Subcontractors.MaterialmenandSuppliers: 2.10 Within five (5)business days after bid opening,the apparent lowest responsive and responsible Bidder shall submittotheCITYandtheCONSULTANTfor acceptance alistofthenamesofSubcontractors and such other persons and organizations (including thosewho are to furnish principal itemsof materials or equipment)proposed for those portions oftheWork as to which the identity of Subcontractors and other persons and organizations mustbe submitted as specified in the Contract Documents.Within thirty (30)calendar days after receiving the list,the CONSULTANT will notify the CONTRACTOR in writing if either the CITY orthe CONSULTANT has reasonable objection to any Subcontractor,person, or organization on such list.The failure ofthe CITY orthe CONSULTANT to make objection to any Subcontractor,person,or organization onthe list within thirty (30)calendar days ofthe receipt shall constitute an acceptance of such Subcontractor,person or organization.Acceptance of any such Subcontractor,person or organization shall hot constitute a waiver of any right ofthe CITY orthe CONSULTANT to reject defective Work,material or equipment,or any Work,material or equipment not inconformancewith the requirementsof the ContractDocuments. 2.11 If,prior tothe Notice of Award,the CITY orthe CONSULTANT has reasonable objection to any Subcontractor,person or organization listed,the apparent low Bidder may,prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. ARTICLE 3-CORRELATION.INTERPRETATION AND INTENTOF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance withtheContractDocuments.TheContractDocumentscomprisetheentireContract Page43of 74 Thomas F.Pepe 9-10-14 between the CITYandthe CONTRACTOR.Theymaybealteredonlybyamodificationasdefinedin Article I. 3.2TheContractDocumentsarecomplementary;whatis called forbyoneisasbindingasif called forby all the documents.If CONTRACTOR findsaconflict,error ordiscrepancyin 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;incaseof conflict,error or discrepancy,the more stringent interpretation and requirement that shallprovide the maximum benefit to the City shallapply 3.3The words "furnish"and"furnishand install","install",and"provide"or words withsimilarmeaning shall be interpreted,unless otherwise specifically stated,tomean"furnishand install complete inplaceand ready for service". 3.4Miscellaneousitemsand accessories whichare not specifically mentioned,but whichareessential to produce a complete and properly operatinginstallation,orusable 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 applicable characteristics,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 by or inferablefrom the DrawingsandSpecifications. 3.5 The Work of alltrades under this Contract shallbe coordinated by the CONTRACTOR insucha manner asobtain the best workmanship possiblefor the entire Project,andall components of the Work shallbeinstalled or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shallberesponsibleformakingthe construction ofhabitable structures underthis Contract rainproof,andformaking equipment andutilityinstallationsproperly perform the specified function.Ifheis prevented fromsodoingbyanylimitationsof the Drawings or Specifications,the CONTRACTOR shallimmediatelynotify the CONSULTANT inwriting of suchlimitations before proceeding with construction in the area where the problemlimitation exists. 3.7 Manufacturer's literature,when referenced,shall be dated and numbered and is intended to establish the minimum requirements acceptable.Whenever referenceisgiven to codes,orstandardspecificationsor other data published by regulating agencies oraccepted organizations,including butnotlimitedto National Electrical Code,applicable State Building Code,Florida Building Code,Federal Specifications, ASTM Specifications,variousinstitute specifications,andthelike,it shall be understood thatsuch reference is to the latesteditionincludingaddendain effect on the date of the Bid. 3.8Brandnames where usedin the technicalspecifications,are intended to denote the standard or quality requiredforthe particular material orproduct.Theterm "equal"or "equivalent",whenusedin connectionwithbrandnames,shall beinterpreted to meanamaterialor product thatissimilarandequal intype,quality,size,capacity,composition,finish,colorand other applicable characteristics tothe material orproduct specified bytradename,andthatis suitable forthesameuse capable of performing thesame function,inthe opinion oftheCONSULTANT,asthe material orproductso specified.Proposed equivalent itemsmustbe approved byCONSULTANTbeforetheyare purchased or incorporated inthe Work.(Whena brand name,catalog number,model number,orother identification,isusedwithoutthe phrase "or equal",theCONTRACTOR shall usethe brand,make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and viceversa andthe singular wordssubstitutedfor plural and plural wordssubstitutedfor singular wherever applicable. 3.10 All technical interpretations shall bemadebytheCONSULTANTassetforthinSection9.3below. 3.11 The CONTRACTOR shall advisedtheCONSULTANT,priortoperformingany work involving aconflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence.In theeventthatthereisa conflict betweenor among theContract Documents,onlythe latest version shall apply and thelatest version oftheContract Documents.TheCONSULTANT shall usethe following listofContractDocumentsasa guide.Thesedocumentsaresetforthbelowintheorderoftheir precedence sothat all thedocumentslistedabovea given documentshouldhaveprecedenceover all the documents listed below it. (a)Amendments andChange Orders (b)Addenda to Contract (c)Contract with all Exhibits thereto (d)Supplementary Conditions Page 44 of 74 Thomas F.Pepe 9-10-14 (e)Special Conditions (f)GeneralConditions (g)Written orfigureddimensions (h)Scaleddimensions (i)Drawings of alargerscale (j)Drawingsofasmallerscale (k)Drawings and Specifications are tobe considered complementary to each other ARTICLE 4-AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availabilityof Lands: 4.1 TheCITY shall furnish,as indicated intheContractDocuments,the lands uponwhichthe Work istobe done,rights-of-way for access thereto,and such other lands which are designed for theuseofthe CONTRACTOR.Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for bythe CITY,unless otherwise specified inthe Contract Documents.Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall bethe responsibility ofthe CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access theretothat may be required for temporaryconstruction facilities or storage of material and equipment 4.2 The CITY will,upon request,furnish tothe Bidders,copies of all available boundary surveys and subsurface tests at no cost Subsurface Conditions: 4.3 TheCONTRACTOR acknowledges thathe has investigated prior to bidding and satisfied himself asto the conditions affecting theWork,including butnot limited tothose bearing upon transportation, disposal,handling and storage of materials,availability of labor,water,electric power,roads and uncertainties of weather,river stages,tides,water tables or similar physical conditions atthe site,the conformation and conditions ofthe ground,the character of equipment and facilities needed preliminary to and during prosecution ofthe Work.The CONTRACTOR further acknowledges that he has satisfied himself as tothe character,quality and quantity of surface and subsurface materials or obstacles tobe encountered insofar asthis information is reasonably ascertainable from an inspection ofthesite, including all exploratory work done bythe CITY/CONSULTANT onthe site or any contiguous site,as well as from information presented bythe Drawings and Specifications made part ofthis Contract,or any other information made available toit prior to receipt of bids.Any failure bythe CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work.The CITY assumes no responsibility for any conclusions or interpretations made bythe CONTRACTOR onthe basis ofthe information made available bytheCITY/CONSULTANT. DifferingSite Conditions: 4.4The CONTRACTOR shall within forty eight (48)hours ofits discovery,and before such conditions are disturbed,notifytheCITYin writing,of: 4.4.1 Subsurface or latent physical conditions atthe site differing materially from those indicated in the Contract Documents,and 4.4.2 Unknown physical conditions atthe site,of an unusual nature,differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract The CITY shall promptly investigate the conditions,and ifit finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S costof,orthetime 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 by the City Manager orthe CONSULTANT. ARTICLE 5 -INSURANCE AND INDEMNIFICATION 5.0 Insurance Page 45 of 74 Thomas F.Pepe 9-10-14 A Without limitingits liability,the contractor,consultant orconsultingfirm (hereinafter referred to as "FIRM"withregard to InsuranceandIndemnification requirements)shallberequiredto procure and maintainatits own expense during the life of the Contract,insurance of the types andin the minimum amountsstated below aswill protect the FIRM,fromclaimswhichmayarise out oforresultfromthe contractortheperformanceofthecontractwiththeCity of South Miami,whether suchclaimis against the FIRM oranysub-contractor,orbyanyonedirectlyorindirectlyemployedbyanyofthemorby anyonefor whose actsanyof them maybe liable. •B.No insurance requiredbytheCITY shall beissuedorwrittenbyasurpluslinescarrierunlessauthorized inwritingbytheCITYandsuch authorization shall beatthe CITY'S soleandabsolute discretion.The FIRM shallpurchaseinsurancefromand shall maintain theinsurancewithacompanyorcompanies lawfully authorizedtosell insurance intheStateof Florida,onformsapprovedbytheStateof Florida,as will protectthe FIRM,ata minimum,from all claims assetforthbelowwhichmay arise outoforresult fromthe FiRM's operationsundertheContractandforwhich the FIRM maybe legally liable,whether such operations bebythe FIRM orbya Subcontractor orby anyone directly or indirectly employed by any ofthem,orby anyone forwhose acts any ofthemmaybe liable:(a)claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable tothe Work tobe performed;(b)claims for damages because of bodily injury,occupational sickness or disease,or death ofthe FIRM's employees;(c)claims for damages because of bodily injury,sickness or disease,or death ofany person other than the FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage;(e)claims for damages,other than totheWork itself,because of injury toor destruction of tangible property,including loss ofuse resulting there from;(f)claims for damages because of bodily injury,death ofa person or property damage arising outof ownership,maintenance oruseofa motor vehicle;(g)claims for bodily injury or property damage arising outof completed operations;and (h)claims involving contractual liability insurance applicable tothe FIRM's obligations under the Contract. 5.1 Firm'sInsurance Generally The FIRM shall provide and maintain in force and effect until all theWorktobe performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter),the insurance coverage writtenon Florida approved forms and asset forth below: 5.1.1 Workers'Compensation Insurance atthe statutory amount as to all employees in compliance with the "Workers'Compensation Law"ofthe State of Florida including Chapter 440,Florida Statutes,as presently written orhereafteramended,andall applicable federallaws. 5.1.2 Commercial Comprehensive General Liability insurance with broad form endorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrenceand$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •MedicalInsurance:$5,000 perperson; •Property Damage:$500,000each occurrence; •Automobile Liability:$1,000,000each accident/occurrence. •Umbrella:$1,000,000perclaim 5.1.3 Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate.Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements,as filed 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)BroadFormPropertyDamage (f)Broad Form Contractual Coverage applicable to this specific Contract including any hold harmless and/or indemnification agreement (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Page46 of 74 Thomas F.Pepe 9-10-14 5.1.4 Business Automobile Liability with minimum limits ofOne Million Dollars ($1,000,000.00)plus an additional Five Million Dollar ($5,000,000.00)umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.Umbrella coverage must be afforded ona form no more restrictive than the latest edition ofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththestateof Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 5.2 SUBCONTRACTS: The FIRM agrees thatif any part oftheWork under the Contract issubletthe subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word SUBCONTRACTOR fortheword FIRM andsubstitutingtheword FIRM forCITYwhere applicable. 5.3 Fire andExtendedCoverage Insurance (Builders'Risk).IF APPLICABLE: A.In the event thatthiscontractinvolvestheconstructionofastructureby the FIRM,the FIRM shall maintain,with an Insurance Company or Insurance Companies acceptable tothe CITY,"Broad"form/All Risk Property Insurance on buildings and structures,while in the course of construction,including foundations,additions,attachments and all permanent fixtures belonging to and constituting apartof said buildings or structures.The policy or policies shall also cover machinery,ifthecostof machinery is included intheContractorifthe machinery is located ina building thatis being renovated by reason of this contract Theamountof insurance must at all times,beatleastequaltothereplacementvalueofthe insured property.The policy shall be in the name oftheCITY and the FIRM,astheirinterestmay appear, andshallalso cover the interests ofallSubcontractorsperforming Work. B.All ofthe provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.4 Miscellaneous: A.If any noticeof cancellation of insurance or change in coverage is issued bythe insurance company or should any insurance have an expiration date that will occur during the period of this contract the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation,change,or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract The CITY shall have the option,butnotthe duty,to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability onthepartoftheCITYtothe FIRM for such cancellation. B.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Atthe option ofthe CITY,eitherthe FIRM shall eliminate orreduce such deductible orthe FIRM shall procurea Bond,ina formsatisfactory to theCITYcoveringthesame. C.The policies shall contain waiver of subrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have.The CITY reserves the right at any timeto request a copy ofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium paymentof the CITY. D.Before starting theWork,the FIRM shall deliver tothe CITY and CONSULTANT certificates of such insurance,acceptable tothe CITY,as well as the insurance binder,if one is issued,the insurance policy, including the declaration page and all applicable endorsements and provide the name,address and telephone number ofthe insurance agent or broker through whom the policy was obtained.The insurer shall be rated A.VII orbetter per A.M.Best's Key Rating Guide,latest edition and authorized to issue insurance in the State of Florida.All insurance policies mustbe 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 CITY.The FIRM must provide a "certified copy"of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements.In addition,the FIRM shall deliver,atthe time of delivery ofthe insurance certificate,the following endorsements: (a)anendorsementtothepolicy stating: "The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to provide first notice of claim for any liability it incurs and that arises outofthe acts,omissions or operations of the named insured.The insurer will pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injur/','property damage',or "personal and advertising injury"and it will provide to the City all of the coverage that is typically Page 47of74 Thomas F.Pepe 9-10-14 provided under the standard Florida approvedformsfor commercial general liability coverageA and coverage B"; (b)an endorsement that states: "Thispolicy shall not becancelled (including cancellation for non-payment of premium),terminated or materiallymodified without first giving the CityofSouth Miami 10 daysadvanced written noticeof the intent tomateriallymodifythepolicyortocancelorterminate the policyforanyreason.The notificationshallbedelivered to the Citybycertifiedmail,with proof of delivery to the City." 5.5 Indemnification 5.5.1 TheContractoracceptsand voluntarily incurs all risksofany injuries,damages,orharmwhich mightariseduringthe work oreventthatisoccurringontheCITY'Spropertydue to the negligence orother fault of the Contractor oranyoneactingthroughoronbehalfof the Contractor. 5.5.2The Contractor shall indemnify,defend,saveandholdCITY,itsofficers,affiliates,employees, successorsand assigns,harmless fromanyand all damages,claims,liability,losses,claims,demands,suits,fines, judgmentsorcostandexpenses,including reasonable attorney'sfees,paralegal feesand investigative costs incidental theretoand incurred priorto,during or following any litigation,mediation,arbitration andat all appellate levels,which maybe suffered by,or accrued against charged toor recoverable from the City of South Miami,itsofficers,affiliates,employees,successors and assigns,byreasonofany causes of actions or claim of any kind or nature,including claims for injury to,or death of any person or persons and for the loss or damage toanyproperty arising outofa negligent error,omission,misconduct,orany gross negligence, intentionalact or harmful conduct of the Contractor,its contractor/subcontractor orany of their officers, directors,agents,representatives,employees,or assigns,or anyone acting through oron behalf of any of them,arising outofthisAgreement incident to it or resulting from the performance or non-performance of the Contractor's obligations underthis AGREEMENT. 5.5.3 TheContractor shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connection therewith,including theexpenseor loss oftheCITY and/or its affected officers,affiliates, employees,successors and assigns,including their attorney's fees,inthe defense of any action in law or equity brought against them and arising from the negligent error,omission,oractofthe Contractor,its Sub- Contractor or any oftheir agents,representatives,employees,or assigns,and/or arising outof,or incident to, this Agreement or incident toor resulting from the performance or non-performance ofthe Contractor's obligations underthis AGREEMENT. 5.5.4 The Contractor agrees and recognizes that neither the CITY norits officers,affiliates, employees,successors and assigns shall be held liable or responsible for any claims,including the costs and expenses of defending such claims which may result from or arise outof actions or omissions ofthe Contractor,its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,or anyone acting through or on behalf ofthe them,and arising outofor concerning the work or event that is occurring onthe CITY'S property.In reviewing,approving or rejecting any submissions or acts ofthe Contractor,CITY in no way assumes or shares responsibility or liability for the acts or omissions ofthe Contractor,its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,or anyone acting throughoronbehalfofthem. 5.5.5 The Contractor has the duty to provide a defense with an attorney or law firm approved bythe Cityof South Miami,which approval will notbe unreasonably withheld. 5.5.6 The obligations ofthe CONTRACTOR under paragraph 5.5 shall not extend tothe liability of the CONSULTANT,its agents or employees arising outof (a)the preparation or approval of maps,drawings, opinions,reports,surveys,Change Orders,designs or specifications or (b)the giving oforthe failure to give directions or instructions bythe CONSULTANT,its agents or employees provided such actor omission is the primary causeofinjuryor damage. 5.5.7 All ofthe forgoing indemnification provisions shall survive the term ofthe Contract to which these General Conditions area part ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES SupervisionandSuperintendence: 6.1 The CONTRACTOR shall supervise and direct theWork.It shall be solely responsible for the means, methods,techniques,sequences and procedures of construction.The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor"at the Work site who shall be designated in writing bythe CONTRACTOR,before the CONTRACTOR commences theWork and within the time-required bythe Contract as the CONTRACTOR'S representative atthe Page 48 of 74 Thomas F.Pepe 9-10-14 site.The Supervisor or sodesignated shall have full authority to act on behalf ofthe CONTRACTOR and all communications given tothe Supervisor shall be as binding as if given tothe CONTRACTOR.The Supervisor(s)shall be present at each site at all times as required to perform adequate supervision and *•coordination ofthe Work.(Copies of written communications given tothe Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications,Drawings,Addenda, Modifications and Shop Drawings atthe site at all times and in good order and annotated to show all changes made during the construction process.These shall be available tothe CONSULTANT and any CITY Representative at all reasonable times.Asetof "As-Built" drawings,as well as the original Specifications,Drawings,Addenda,Modifications and Shop Drawings with annotations,shall be made available tothe City at all times and it shall be deliveredtotheCITYuponcompletionoftheProject. Labor.Materialsand Equipment 6.2 The CONTRACTOR shall provide competent suitably qualified personnel to lay outtheWork and perform construction as required by the Contract Documents.It shall at all times maintain good discipline and order atthesite. 6.3The CONTRACTOR shall furnish all materials,equipment labor,transportation,constructionequipment and machinery,tools,appliances,fuel,power,light heat local telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work- 6.4 All materials and equipment shall be new,except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged bythe supplier or manufacturer are specified or approved,such materials shall be delivered tothe site in their original packages or containers with seals unbroken and labels intact 6.5 All materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned inaccordance with theinstructionsofthe applicable manufacturer,fabricator,orprocessors,except as otherwiseprovidedin the ContractDocuments. Materials.EquipmentProductsand Substitutions: 6.6 Materials,equipmerit and products incorporated in theWork must be approved for use before being purchased by the CONTRACTOR.The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials,equipment or products,together with such samples as may be necessary for them to determine their acceptability and obtain their approval,within one hundred eighty (180) calendar days after award of Contract unless otherwise stipulated in the Special Conditions.No request for payment for "or equal"equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenevera material,article or piece of equipment is identified onthe Drawings or Specifications by reference to brand name or catalog number,it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities,quality and function shall be considered.The CONTRACTOR may recommend the substitution ofa material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number,and if,in the opinion ofthe CONSULTANT,such material, article,or piece of equipfnent is of equal substance and function to that specified,the CONSULTANT may approve its substitution and use by the CONTRACTOR.Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR withouta change inthe Contract Price orthe Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval ofthe CONSULTANT who shall be the judgeofquality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable groundsforanextensionofconstructiontime. 6.6.4 Should any Work or materials,equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any Work disarranged by such alterations,at any time before completion and acceptance ofthe Project.All such Work shall be doneattheexpenseofthe CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by Page 49of74 Thomas F.Pepe 9-10-14 whichan interest isretainedby the Seller.The CONTRACTOR warrantsthat they havegood title to allmaterialsandsuppliesusedby them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor,against whom the CITYor the CONSULTANT mayhavereasonableobjection,norwill the CONTRACTOR berequired to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT,unless the CONSULTANT determines that there is good causefordoingso. 6.8 The CONTRACTOR shallbefullyresponsibleforallactsand omissions of its Subcontractors and of persons and organizations directly or indirectly employed byitand of persons andorganizationsfor whose actsany of them may be liable tothesame extent that they areresponsiblefor the actsand omissions of persons directly employed bythem.Nothing in the Contract Documents shallcreateany contractual relationship between CITYor CONSULTANT andany Subcontractor or other personor organizationhavinga direct cbntract with CONTRACTOR,nor shallit create anyobligationon the part of CITY or CONSULTANT to payor to see to payment of any persons due subcontractor or other personororganization,except asmay otherwise berequiredbylaw.CITYor CONSULTANT may furnish to any Subcontractor or other personororganization,to the extent practicable,evidence of amounts paid to the CONTRACTOR onaccountofspecified Work doneinaccordancewith the schedule values. 6.9Thedivisionsandsectionsofthe Specifications andtheidentificationsofanyDrawings shall notcontrol the CONTRACTOR individing the Work among Subcontractors ordelineating the Work performedby 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 CITY. 6.11 All Work performed for the CONTRACTOR byaSubcontractor shall bepursuanttoanappropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shallberesponsibleforthecoordinationof the trades,Subcontractors material and menengagedupon their Work. 6.12.1 The CONTRACTOR shall causeappropriateprovisions to beinsertedin all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofaras applicable to the Work of Subcontractors,andgivethe CONTRACTOR thesamepoweras regards toterminatingany subcontractthattheCITYmayexerciseoverthe CONTRACTOR underany provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle anydifferences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 Ifinthe opinion ofthe CONSULTANT,any Subcontractor onthe Project proves tobe incompetentorotherwise unsatisfactory,they shall be promptly replaced bythe CONTRACTOR ifandwhendirectedbythe CONSULTANT inwriting. PatentFeesandRoyalties: 6.13 TheCONTRACTOR shall pay all license fees and royalties and assume all costs incident totheuseofany invention,design,process or device which isthe subject ofpatent rights or copyrights held byothers.He shall indemnify and hold harmless theCITY and the CONSULTANT and anyone directly or indirectly employed by either ofthem from against all claims,damages,losses and expenses (including attorney's fees)arising outof any infringement of such rights during orafterthe completion ofthe Work,and shall defend all suchclaimsin connection withany alleged infringementofsuchrights. 6.14 The CONTRACTOR shall be responsible for determining the application ofpatent rights and royalties materials,appliances,articles or systems prior to bidding.However,he shall notbe responsible for such determination on systems which donot involve purchase bythemof materials,appliances and articles. Permits: 6.15 TheCONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary forthe prosecution oftheWork,which are applicable at the time ofhisBid. When such charges are normally made bytheCITY and whensostatedinthe Special Conditions,there will beno charges totheCONTRACTOR.TheCITY shall assisttheCONTRACTOR,when necessary, in obtaining such permits and licenses.The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: Page 50of74 Thomas F.Pepe 9-10-14 6.16 Electrical powerrequired during construction shall beprovidedbyeachprime CONTRACTOR as requiredby 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 The CONTRACTOR shall complywith all notices,laws,ordinances,rulesand regulations applicable to the Work.If the CONTRACTOR observesthatthe Specifications orDrawingsareatvariance therewith, it shall give theCONSULTANTpromptwrittennoticethereof,andany necessary changes shall be adjusted by an appropriate modification.IftheCONTRACTORperformsany Work knowing ittobe contrarytosuch laws,ordinances,rules and regulations,and withoutsuchnoticetotheCONSULTANT, it shall bear all costs arising there from;however,it shall notbeitsprimaryresponsibilitytomakecertain thatthe Drawings and Specifications arein accordance withsuch laws,ordinances,rulesand regulations. Taxes: 6.18 Costof all applicable sales,consumer use,and othertaxes for which the CONTRACTOR is liable under the Contract shall beincludedintheContract Price statedby the CONTRACTOR. 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 providethenecessaryprotectiontoprevent damage,injuryorlossto: 6.19.1 Allemployeesandother persons,whomaybe affected thereby, 6.19.2 Allthe Work and all materialsorequipmenttobeincorporatedtherein,whether instorageon or off the site,and 6.19.3 Otherpropertyatthesiteor adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement inthe course of construction. 6.20The CONTRACTOR shall designate a responsible memberoftheir organization atthesitewhoseduty shall bethe prevention of accidents.This person shall bethe CONTRACTOR'S Superintendent unless otherwise designated inwritingbythe CONTRACTOR totheCITY. Emergencies: 6.21 In emergencies affecting thesafetyof persons orthe Work orpropertyatthesiteor adjacent thereto, theCONTRACTOR,without special instruction or authorization fromtheCONSULTANTor CITY,is obligated to act,athis discretion,to prevent threatened damage,injury or loss.He shall give the CONSULTANT promptwritten notice of any significant changes inthe Work or deviations from the Contract Documents caused thereby.IftheCONTRACTOR believes that additional Work donebyhim inan emergency whicharosefrom causes beyondhiscontrolentitleshimtoan increase intheContract Price oranextensionoftheContractTime,hemaymakea claim thereforeas provided inArticles 11 and 12. ShopDrawingsandSamples: 6.22 After checking and verifying all field measurements,theCONTRACTOR shall submittothe CONSULTANT forreview,inaccordancewith the acceptedscheduleofshopdrawingsubmissions,six (6)copies (oratthe CONSULTANT option,one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval ofthe CONTRACTOR.The Shop Drawings shall benumberedand identified astheCONSULTANTmayrequire.ThedatashownontheShop Drawings shall be complete with respect to dimensions,design criteria,materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shallalsosubmit to the CONSULTANT forreview,with such promptness asto cause no delay inWork,all samples required bytheContract Documents. All samples shall have been checked by and stamped with the approval ofthe CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalog numbers and the use for which intended. 6.24Atthetimeof each submission,theCONTRACTOR shall notifytheCONSULTANT,in writing,ofany deviations between the Shop Drawings or samples and the requirements ofthe Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples,but his review shall be only for conformance with the design concept ofthe Project and for compliance with the information given in the Contract Documents.The review ofa separate item as such will not indicate review ofthe assembly in which the items functions.The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Page 51 of74 Thomas F.Pepe 9-10-14 Drawingsand resubmit new samplesuntilthereviewissatisfactoryto the CONSULTANT.The CONTRACTOR shall notifythe CONSULTANT,inwriting,ofanypriorShopDrawingorrevisionsto Shop Drawings thatareinconflictwitheachsubmissionorre-submission.The CONTRACTOR'S stamp ofapprovalonanyShopDrawingsorsample shall constitute representation to theCITYandthe CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities,dimension, field construction criteria,materials,catalog numbers andsimilardataor they assume full responsibility fordoingso,and that they havereviewedorcoordinatedeachShopDrawingorsamplewiththe requirements of the Work and the Contract Documents. 6.26No Work requiring asubmittalofaShop Drawing orsample shall be commenced untilthesubmissionhas beenreviewedandapprovedinwritingbytheCONSULTANT.AcopyofeachShop Drawing andeach approvedsample shall bekeptingoodorder,inabookorbinder,in chronological orderorinsuchother orderrequiredbytheCONSULTANTin writing,bythe CONTRACTOR atthesiteand shall be available to the CONSULTANT. 6.27The CONSULTANT'S review ofShop Drawings orsamples shall notrelieve the CONTRACTOR from his responsibility forany deviations fromthe requirements oftheContractDocuments unless the CONTRACTOR has informed the CONSULTANT,in writing,to eachdeviationat the timeof submissionandthe CONSULTANT hasgivenwritten approval to the specific deviation,nor shall any reviewbytheCONSULTANT relieve theCONTRACTORfrom responsibility forerrorsor omissions in the ShopDrawingsorsamples. 6.271 The CONTRACTOR shall be liable totheCITYforany additional cost ordelaythatiscausedbyits failure tonotifythe CONSULTANT of any of said deviations or conflicts between Shop Drawings ordue to errors in the ShopDrawingsorsamples. CleaningUp: 6.28The CONTRACTOR shall clean up behind the Work asmuchasis reasonably possible asthe Work progresses.Upon completion oftheWork,and before acceptance of final payment for the Project bythe CITY,the CONTRACTOR shall remove all his surplus and discarded materials,excavated material and rubbish as wellas all other material and equipment thatdoesnotformapartoftheWork,from the property,roadways,sidewalks,parking areas,lawn and all adjacent property.In addition,the CONTRACTOR shall clean his portion ofWork involved in any building underthisContractsothatno further cleaning bythe CITY is necessary prior toits occupancy and he shall restore all property,both public and private,which has been disturbed or damaged during the prosecution oftheWorkso as to leave the whole Work and Work Siteinaneatand presentable condition. 6.29Ifthe CONTRACTOR does not cleanthe Work site,theCITYmaycleanthe Work Siteofthe materials referred toin paragraph 6.28 and charge thecosttotheCONTRACTOR. Public Convenience andSafety: 6.30The CONTRACTOR shall,at all times,conductthe Work insuchamannerastoinsuretheleast practicable obstruction to public travel.The convenience ofthe general public and ofthe residents along and adjacent to-the area ofWork shall be provided for in a satisfactory manner,consistent with the operation and local conditions."Street Closed"signs shall be placed immediately adjacent totheWork,in a conspicuous position,at such locations as traffic demands.At any time that streets are required tobe closed,the CONTRACTOR shall notify law enforcement agencies and in particular,theCityof South Miami Police Department before thestreet is closed and again as soon as itis opened.Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. SanitaryProvisions: 6.31 The CONTRACTOR shall provide on-site office,and necessary toilet facilities,secluded from public observation,for useof all personnel ontheWork Site,whether ornot in his employ.They shall bekept in a clean and sanitary condition and shall comply with the requirements and regulations ofthe Public Authorities having jurisdiction.They shall commit no public nuisance.Temporary field office and sanitary facilities shall be removed upon completion oftheWork and the premises shall beleft clean. 6.32through6.34havebeen deleted. Responsibility forConnection to Existing Work: 6.35 It shall bethe responsibility ofthe CONTRACTOR to connect itsWorkto each part ofthe existing Work,existing building or structure orWork previously installed as required bythe Drawings and Specifications toprovideacomplete installation. Page 52 of 74 Thomas F.Pepe 9-10-14 6.36Excavations,grading,fill,storm drainage,pavingandany other construction or installationsinrights-of- ways of streets,highways,publiccarrierlines,utilitylines,either aerial,surface or subsurface,etc.,shallbe done in accordance with requirements of the special conditions.The CITY willberesponsiblefor obtainingall permits necessary for the Work describedinthis paragraph 6.36.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,intriplicate,from the proper authorities,stating that the Work has been,doneinaccordancewith their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR inobtainingactionfromanyutilitiesor public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall beresponsibleforobtainingelevationsofcurbsandgutters,pavement storm drainage structures,and other items which must beestablishedbygovernmental departments as.soon as grading operationsarebegunonthesiteand,inanycase,sufficiently earlyin the construction period to prevent any advferse effect on the Project. Cooperation with Governmental Departments.PublicUtilities.Etc.: 6.37 The CONTRACTOR shallberesponsibleformakingallnecessaryarrangementswithgovernmental departments,publicutilities,publiccarriers,servicecompaniesandcorporations(hereinafterreferredto as"thirdparties")owningorcontrolling roadways,railways,water,sewer,gas,electrical conduits,and telephone facilities suchaspavements,tracks,piping,wires,cables,conduits,poles,guys,etc.,including incidental structures connected therewith,that are encountered in the Work in order that such items are properlyshored,supportedandprotected,thattheirlocationisidentifiedandtoobtainauthorityfrom these thirdpartiesforrelocationif the CONTRACTOR desires to relocatetheitem.The CONTRACTOR shall giveallpropernotices,shallcomplywith all requirements ofsuchthirdpartiesin the performanceofhis Work,shall permitentrance of suchthirdpartiesontheProjectin order that they mayperformtheirnecessarywork,and shall pay all chargesandfeesmadebysuchthirdpartiesfortheir work. 6.37.1 The CONTRACTOR'S attention iscalled to the fact that there maybedelayson the Project due to work to be done bygovernmental departments,publicutilities,and others inrepairingor movingpoles,conduits,etc.The CONTRACTOR shall cooperate with the abovepartiesin everywaypossible,sothattheconstructioncanbecompletedintheleastpossibletime. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and regulationswhichinanymanneraffect those engaged oremployedin the Work,ormaterialsand equipment usein or uponthe Work,orinanywayaffect the conduct of the Work,andnoplea of misunderstandingwillbe considered onaccount of damage or delaycausedbyhisignorance thereof. Use Premises: 6.38 CONTRACTOR shall confineits apparatus,storageof materials,andoperationsofits workmen tothe limitsindicatedbylaw,ordinances,permitsanddirections of CONSULTANT andCITY,and shall not unnecessarily encumber anypartof the siteoranyareasoffsite. 6.38.1 CONTRACTOR shall not overloadorpermitanypartofany structure to beloadedwithsuch weightaswillendangeritssafety,nor shall itsubjectany work to stressesorpressuresthatwill endanger it 6.38.2 CONTRACTOR shallenforce the rulesandregulationpromulgatedby the CONSULTANT and CITY aswellas their instructionswithregard to signs,advertisements,firesandsmoking. 6.38.3 CONTRACTOR shall arrange andcooperatewithCITYinroutingand parking ofautomobilesof itsemployees,subcontractors andother personnel,aswellasthatofthe material delivery trucks and other vehicles that come to the Project site. 6.38.4 TheCity will designate specific areas onthesite for storage,parking,etc.and thejobsite shall be fencedtoprotectthejobsiteandthe general public. 6.38.5The CONTRACTOR shall furnish,install and maintain adequateconstructionoffice facilities for all workersemployedbyitorbyits Subcontractors.Temporaryoffices shall be provided and locatedwheredirectedandapprovedbytheCONSULTANT.Allsuch facilities shall be furnished instrict accordance with existing governing regulations.Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities, footings,or structures (including portions thereof),trees and shrubbery,not indicated onthe Drawings ornotedinthe Specifications as being removed or altered shall be protected from damage during construction ofthe Project.Any such improvements damaged during construction ofthe Project shall be Page 53of74 Thomas F.Pepe 9-10-14 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 "'TheCITYmayperform additional Work relatedtotheProjectormayletotherdirectcontractstherefor which shall contain General Conditions similar to these.The CONTRACTOR shall afford the other contractors who arepartiestosuchdirectcontracts(or the CITY,ifitisperformingtheadditional Work itself),reasonable opportunity fortheintroductionandstorageofmaterialsand equipment and the executionof Work,and shall properlyconnectandcoordinateits Work withtheirs. 7.2Ifanypartofthe CONTRACTOR'S Work dependsuponproperexecutionorresultsofthe Work ofany other contractor ortheCITY,the CONTRACTOR shall promptly report to the CONSULTANT in writinganydefectsor deficiencies insuch Work thatrenderit unsuitable forthe CONTRACTOR'S Work. 7.3The CONTRACTOR shall do all cutting,fitting and patching ofthe Work thatmayberequiredtomake its several partscometogether properly andfittoreceiveorbe received bysuchotherWork.The CONTRACTOR shall notendangerany Work ofothersby cutting,excavating orotherwise altering their Work and shall onlycutoraltertheir Work withthewrittenconsentoftheCONSULTANTandofthe other contractor whose work will be affected. 7.4Ifthe performance of additional Work byother contractors ortheCITYisnotnotedintheContract Documents prior tothe execution oftheContractwrittennoticethereof shall be given tothe CONTRACTOR prior to starting any such additional Work.IftheCONTRACTOR believes thatthe performance of such additional Workbythe CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension ofthe Contract Time,he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable,theCONTRACTOR shall build around theworkofother separate contractors or shall leave chases,slotsandholesas required toreceiveandto conceal withinthe general construction Work theworkofsuchother separate contractors as directed bythem.Where such chases,slots,etc., are impracticable,the Work shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases,slots,and holes not built orleftbythe CONTRACTOR shall becutbythe separate contractor requiring such alterations after approval ofthe CONTRACTOR.The CONTRACTOR shall do all patching and finishing oftheworkof other contractors where it is cutby them and such patching and finishing shall beattheexpenseofCONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution ofthe Work.Each contractor shall coordinate their operation with thoseoftheother Contractors for thebest interest of the Work inordertoprevent delay intheexecutionthereof. 7.8 Each of several contractors working onthe Project Site shall keep themselves informed ofthe progress of theworkofother contractors.Should lack of progress or defective workmanship onthe part ofother contractors interferewiththe CONTRACTOR'S operations,theCONTRACTOR shall notifythe CONSULTANT immediately and in writing.Lack of such notice tothe CONSULTANT shall be construed as acceptance bythe CONTRACTOR ofthe status oftheworkofother contractors as being satisfactory forproper coordination of CONTRACTOR'S ownWork. 7.9Thecostofextra Work resulting from lack of notice,untimely notice,failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR'S cost ARTICLE 8-CITY'S RESPONSIBILITIES 8.1 TheCITYwillissueall communications tothe CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment ofthe CONSULTANT,the CITY will appoint a CONSULTANT whose status under the Contract Documents shallbe that of the former CONSULTANT. 8.3 TheCITY shall promptly furnish the data required ofthemunderthe Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right totake possession of and use any completed or partially completed portions ofthe Work,notwithstanding the fact that the time for completing the entire Workor any portion thereof may not have expired;but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. Page 54of74 Thomas F.Pepe 9-10-14 ARTICLE 9 -CONSULTANTS'STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shallbe the CITY'S representative during the construction period.Thedutiesand responsibilitiesand the limitations of authority of the CONSULTANT as the CITY'S representative during 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 CONSULTANTS decision,in matters relating to aesthetics,shallbe final,ifwithin the terms of the Contract Documents. 9.1.2 Exceptasmaybe otherwise providedinthis contract allclaims,counterclaims,disputesand other matters in question between the CITYand the CONSULTANT arising out of or relating to this Contract or the breach thereof,shallbedecidedina court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shallprovide %an inspector to makeperiodicvisits to the siteateachphaseof 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 CITY andall applicable regulatoryagencies that construction isincompliance with the Construction Documents and applicable laws,rulesandregulations.On the basis of these onsite- observations asan experienced and qualified designprofessional,heshallkeepthe CITY informed of the progress of the Work andshallguard the CITY against defects anddeficienciesin the Work of CONTRACTOR. Clarificationsand Interpretations: 9.3 The CONSULTANT shallissue,withreasonable promptness,such written clarifications or interpretations of the Contract Documents (in the form of Drawingsor otherwise)asitmay determine necessary,which shall be consistent with,or reasonably inferable from,the overall intentofthe Contract Documents.If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/orinterpretationit shall berequired to submitatimelyclaimasprovidedin Articles II and 12. Measurement of Quantities: 9.4All Work completed under the Contract shall bemeasuredby the CONSULTANT accordingtothe United States StandardMeasures.Alllinearsurface measurements shallbe made horizontally or vertically asrequiredby the item measured. Rejecting Defective Work: 9.5The CONSULTANT shall haveauthoritytodisapproveorreject Work thatis"Defective Work"as definedinArticle I.Itshallalsohave authority to requirespecial inspection or testing of the Work including Work fabricatedonoroffsite,installed or completed as provided.In the event that the CONSULTANT requirestesting of completed Work,thecost of suchinspectionsand/ortesting shall be approvedinwritingbytheCITY.Allconsequentialcost of suchinspectionsandtesting,including butnot limited to the cost of testing andinspection,the cost of repairingany of the Work,or the work ofothers, the cost to movefurnitureandequipmentand/orthecosttoprovidealternative facilities untiltherepair work canbecompleted,shall paid bythe CONTRACTOR ifthe Work isfoundtobeDefective Work. ShopDrawings.Change Orders andPayments: 9.6 'Inconnectionwith the CONSULTANT responsibility as to Shop Drawings andsamples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In connectionwiththe CONSULTANTS responsibility for Change OrdersseeArticles 10,11,and 12. 9.8 In connectionwith the CONSULTANT responsibilities withrespecttothe Application forPayment etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall bethe initial interpreter ofthe Construction Documents. LimitationsonConsultant'sResponsibilities: 9.11 The CONSULTANT will not beresponsiblefortheconstructionmeans,methods,techniques,sequences orprocedures,or the safetyprecautionsandprogramsincident thereto. 9.12 TheCONSULTANT will not be responsible for the actsoromissionsoftheCONTRACTOR,orany Subcontractors,oranyoftheiragent servants or employees,oranyother person performing anyofthe Work under or through them. Page 55 of 74 Thomas F.Pepe 9-10-14 ARTICLE 10 •CHANGES IN THE WORK 10.1 Without invalidating the Contract theCITYmay,atanytimeorfromtimetotime,order additions, deletionsorrevisionsin or to the Work which shall onlybeauthorizedbya written ChangeOrders. Upon receipt of aChange Order,the CONTRACTOR shall proceed with the Work involved.Allsuch Work shallbe performed underthe applicable conditionsof the Contract Documents.Ifanyauthorized written Change Order causesanincreaseor decrease in the Contract Price or an extension or shortening of the Contract Time,anequitable adjustment willbemadeasprovidedin Article 11 or Article 12.A written Change Order signedby the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order.AllChange Orders shallbecertifiedby the CONSULTANT as to the appropriateness andvalue of the changein the Work aswellas to anychange in the time to complete the Work under the circumstances.The failure to includea time extension in the Change Order or in the request forachange order shall result inawaiverofany extension oftime due to the changein the work asreflectedin the Change Order. 10.2 The CONSULTANT mayauthorizeminorchangesoralterationsinthe Work not involving extra cost and not inconsistentwiththeoverallintentoftheContractDocuments without theneedfora formal written Change Order providedthe CONTRACTOR does not request additional timeor additional compensation.Thesemaybe accomplished byawritten Field Order.Ifthe CONTRACTOR believes thatany change or alteration authorizedbytheCONSULTANT'S Field Orderwouldentitlesthe CONTRACTOR to an increase in the Contract Price or extension of Contract Time,it must submit a writtennotice of intent to demandaChangeOrderwithin twenty four(24)hours of theissuanceof the Field Order andsubmita written proposal for Change Orderwithinfour(4)daysthereafter,otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performedbytheCONTRACTORwithout authorization ofawritten Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time,except in thecaseofanemergencyas provided in paragraph 6.22andexceptas provided in paragraph 10.2. 10.4 TheCITY will execute appropriate Change Orders prepared bytheCONSULTANT covering changes in the Work,tobe performed as provided in paragraph 4.4,and Work performed inan emergency as provided in paragraph 6.22 and any other claim ofthe CONTRACTOR for a change in the Contract Time ortheContract Price whichisapprovedbythe CONSULTANT. 10.5 Itisthe CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scopeof theWorkor change in the Contract Price or Contract Time and the amount ofthe applicable bonds shall be adjusted accordingly.The CONTRACTOR shall furnish proof of such an adjustment tothe CITY beforecommencementofthe Change OrderWork.The Work shall bestopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE I I.I TheContract Price constitutesthetotal compensation payable totheCONTRACTORfor Performing theWork.All duties,responsibilities and obligations assigned toor undertaken bythe CONTRACTOR shall beatitsexpensewithout changing theContract Price. 11.2 The CITY may,at any time,without written notice tothe sureties,by written order designated or indicated tobea Change Order,make any change in theWork within the general scope oftheContract including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Methodormannerofperformanceofthe Work. 11.2.3 CITY-fumished facilities,equipment materials,services,orsite;or 11.2.4 Accelerationin the performanceofthe Work. 11.3 Except as provided in this section,or sections referred to in this section,no order,statement or conduct oftheCITY shall betreatedasa Change Orderor entitle the CONTRACTOR to an equitable adjustment unless and until the change in theWorkis specifically and expressly provided for in a written Change Order,or as otherwise provided in another section ofthe Contract Documents. 11.4 When a Change Order is issued bythe CONSULTANT and signed bythe CITY or issued bythe CITY in writing,the CONTRACTOR shall perform theWork even ifthe CONTRACTOR does not agree with the dollar amount ofthe Change Order.If any Change Order causes an increase or decrease in the CONTRACTOR'S costof,orthe time required for,the performance of any part oftheWork under this Page56 of 74 Thomas F.Pepe 9-10-14 Contract,forwhich the CITY and the CONTRACTOR cannot reacha timely agreement anequitable adjustmentbasedonthecostofthe Work shall bemadeandtheContractmodified accordingly. 11.5 If the CONTRACTOR intends to assertaclaimforanequitable adjustment or contest the equitable adjustmentmadebytheCONSULTANT,it shall,withinten (10)calendar daysafterreceiptofawritten ChangeOrder,submittotheCITYand CONSULTANT awrittennotice including a statement setting forth thegeneralnatureandmonetary extent ofsuch claim forequitable adjustment time extension requestedandsupporting data.In determining thecostofthe Change Order,thecosts shall belimitedto those listed in section 11.7 and 11.8. 11.6 No claim bythe CONTRACTOR foran equitable adjustmenthereunder shall beallowedif not submitted inaccordancewiththissectionorifassertedafter final payment underthis Contract 11.7 Thevalueofany Work coveredbyaChange Order or of any claim foranincreaseordecreaseinthe Contract Priceshallbe determined in one of the followingways: 11.7.1 By negotiated lumpsum. 11.7.2 On the basis of the reasonable cost and savings thatresultsfrom the changein the Work plusa mutually agreeduponfeetothe CONTRACTOR tocoveroverheadandprofit not toexceed 15%.If the CONTRACTOR disagrees withthe CONSULTANTS determination of reasonable costs,the CONTRACT shallprovidealist of allcosts together withbackup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred andpaidby the CONTRACTOR intheproperperformanceoftheChangeOrder.Exceptasotherwisemaybeagreed toinwritingbyCITY,suchcosts shall beinamountsnohigherthan those prevailing in Miami-Dade County and shall includeonlythefollowingitems: 11.8.1 Payroll costsforemployeesinthedirectemployof CONTRACTOR intheperformanceofthe Work describedintheChangeOrderunderschedulesofjob classifications agreeduponbyCITY and CONTRACTOR.Payroll costsforemployees not employed full time onthe Work shall be apportionedonthe basis oftheirtimespenton the Work.Payroll costs shall belimitedto: salaries andwages,plusthecostsof fringe benefitswhich shall includesocialsecurity contributions,unemployment exciseand payroll taxes,workers'compensation,healthand retirement benefits,sickleave,vacationandholidaypay applicable thereto.Such employees shall include superintendents andforemenat the site.The expenses of performing Work after regular workinghours,on Sunday or legal holidays shall be included intheaboveonlyif authorizedbyCITYandprovideditwas not inanyway,whether inwholeorinparttheresultof the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those actingbyor throughhimordueinwholeorinpartto Defective Work ofthe CONTRACTOR. 11.8.2 Cost of all materials andequipment furnished andincorporatedinthe Work,including costsof transportationandstorage,and manufacturers'field servicesrequiredinconnectiontherewith. The CONTRACTOR shall notifytheCITYof all cashdiscountsthatare available andofferthe CITYtheopportunitytodepositfundswiththe CONTRACTOR for the paymentforitemsthat offer a discount Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails totimelynotifytheCITYofthe discounts oriftheCITYdeposits funds with CONTRACTOR withwhich to makepaymentsinwhichcasesthecashdiscountsshallaccrueto the CITY.All trade discounts,rebatesandrefunds,andall returns fromsale of surplusmaterials andequipment shall accrue to CITY,and CONTRACTOR shall make provisions sothatthey maybeobtained. 11.8.3 Payments made byCONTRACTORtothe Subcontractors for Work performed by Subcontractors.If required by CITY,CONTRACTOR shall obtain competitive bids from Subcontractors acceptable tohimand shall deliver suchbidstoCITYwho will then determine, with the advice of the CONSULTANT,whichBidswillbeaccepted.No subcontract shall bea cost plus contract unless approved in writing bythe CITY.Ifa Subcontract provides thatthe Subcontractor istobe paid onthe basis ofCostof Work plus a fee,thecostofthe Work shall be determined in accordance this section 11.8 andin such case the word "Subcontractor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery,except hand tools,and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading,installation,dismantling and removal thereof-all in accordance withtermsof said rental agreements.The rental of any such equipment machinery or parts shall cease when the use thereof isnolongernecessaryforthe Work. Page 57 of74 Thomas F.Pepe 9-10-14 11.8.5 Sales,useorsimilartaxesrelatedtothe Work,andforwhich CONTRACTOR is liable,imposed byanygovernmentalauthority. 11.8.6 Paymentsandfeesforpermitsandlicenses.Costs forpermitsandlicensesmustbeshownasa separate item. 11.8.7 The cost of utilities,fuelandsanitary facilities at the site. 11.8.8 Minor expenses suchastelegrams,longdistance telephone calls,telephone serviceat the site, expressage andsimilar petty cash items in connection with the Work. 11.8.9 Cost ofpremiumsfor additional Bondsandinsurancerequiredsolelybecauseofchangesinthe Work,not to exceed two percent (2%)oftheincreasein the Cost of the Work. 11.9 Theterm Cost ofthe Work shall NOT includeanyofthe following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers,executives,principals(of partnership andsole proprietorships),generalmanagers,engineers,architects,estimators, lawyers,agents,expediters,timekeepers,clerksand other personnel employed by CONTRACTOR whether at the siteorinitsprincipal or abranchofficeforgeneral administration of the Work and not specificallyincludedin the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal andbranchoffices other thanitsofficeat the site. 11.9.3 Anypart of CONTRACTOR'S capital expenses,including interest on CONTRACTOR'S capital employed forthe Work andcharges against CONTRACTOR fordelinquentpayments. 11.9.4 Cost of premiumsforallbondsandfor all insurancepolicies whether or not CONTRACTOR is requiredbytheContractDocumentsto purchase and maintain thesame(exceptasotherwise provided inSubparagraph 11.8.9). 11.9.5 Costs due to the negligenceof CONTRACTOR,any Subcontractor,oranyonedirectlyor indirectly employed byanyofthemorfor whose actsanyof them maybe liable,including but not limited to,the correction of defective work,disposal of materialsor equipment wrongly suppliedandmakinggoodanydamagetoproperty. 11.9.6 Other overheador general expensecostsofanykindandthecostsofanyitemnot specifically and expressly includedin Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shallbe allowed to CONTRACTOR forits overhead and profit shallbe determined as follows: 11.10.1 Amutuallyacceptablefirmfixed price;orifnonecanbeagreedupon. 11.10.2 Amutuallyacceptablefixed percentage (nottoexceed 15%). 11.11 Theamountofcredit to beallowedby CONTRACTOR toCITYforanysuch change whichresultsina net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8.Whenboth additions and credits are involved in any one change,thenet shall be computed to include overhead and profit identified separately,forboth additions and credit provided however,the CONTRACTOR shall notbeentitledtoclaimlostprofitsforany Work not performed. ARTICLE 12 -TIME FOR COMPLETION.LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is oftheessencetothiscontractandthedateof beginning andthetimeforcompletionofthe Work are essential conditions of the Contract Therefore,the Work shallbe commenced on the date specified intheNoticetoProceedandcompletedwithinthetime specified forcompletionofthe work. 12.2 The CONTRACTOR shall proceed with the Work atsuchrateof progress toensure full completion within theContractTime.Itis expressly understood and agreed,by and betweentheCONTRACTOR andtheCITY,thattheContractTimeforthe completion ofthe Work described hereinisa reasonable time,taking into consideration the average climatic and economic conditions and other factors prevailing inthe locality oftheWork.No extension oftime shall be granted due conditions thatthe Contractor knewoforshouldhaveknownofbefore bidding ontheprojectorduetoinclementweather,except as providedinsection 12.7. 12.3 Ifthe CONTRACTOR shall fail tocompletethe Work withintheContractTime,orextensionoftime granted bythe CITY,thenthe CONTRACTOR shall pay tothe CITY the amount of liquidated damages as specified inthe Contract Documents for each calendar day after the scheduled date for completion as adjusted bywritten Change Ordersthatextendedthecompletiondate. 12.3.1 These amounts arenot penalties but arc liquidated damages incurred bytheCITYforits inability to obtain full useofthe Project.Liquidated damages arehereby fixed and agreed upon between the parties,recognizing the impossibility of precisely ascertaining the amount of damages that will Page 58 of74 Thomas F.Pepe 9-J 0-14 12.4 12.6 12.7 12.8 12.9 be sustained as aconsequence of such delay,and both parties desiring to obviate any question or ^.toT "g am°Unt °f Said dama«es and the ^st and effect of the failure ofCONTRACTORtocompletetheContractontime.The above-stated liquidated damages shall i•>^^ft separately to each phase of the Project for which atime for completion is given IL.S3.CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract ?ONCTRACT t!mf m^tn'y,be ?angCd b/*Written Change °rder-^Claim for an tension •"*erVcu•j ,baSed °"Wr,tten notice de«vered to the CITY and CONSULTANT withinfive(5)business days of the occurrence of the event giving rise to the claim and stating the general nature ™H ~,"^Ud.7 SuPP^Kgcdat!L A"daimS f°r adJustme'««n the Contract Time shall be evaluatedSTSZ2?ythe,CONSULTANT-*•*fi"a'Woval by the CITYS representative.Any change 19 «:Tut ?.T relUltlng fr°m **SUch c,aim sha"be incorporated in awritten Change Order12.5 All t.me limits stated in the Contract Documents are of the essence of the Contract feLtr^de'aVha!I ^iIOW!d beCaUSe °f failUre t0 ft,rnhh Drawin«s before the expiration offourteen(14)calendar days after demand has been made in writing to the CONSULTANT for such ^nXc^T^2e?„tha"bC "°m°neta'7 comPensation for such delay and theCONTRACTORssoleremedyshallbeanextensionoftimefortheperiodofdelay Bctensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated the abnorma weather is documented by records from the national weather service and the abnormal weather .s documented to have had a substantial affected on the construction schedule ^uSr,h°rwD,e,ay:The,C?NTRACTOR agrees that he shall not have any claim for damages due to2X25Tdelayexceeds6months,whether individually or cumulatively,and then the damages shall Sutrl dZe^C°l0f mat6riaS ^rre UnanticiPated and **would not have been incurredbutforthedelay.Other than as set forth above,the only remedy for any delay shall be limited to an ZE?£""XT Tided for;n lection ,2-4 which sha"•»'*•so,e ^«**•™Z£r»hS^0thCr th*n *Set forth -bw*CONTRACTOR shall not be entitled to an increase in theContractPr.ce or payment or compensation of any kind from CITY for direct,indirect,consequential, rnpact or other costs,expenses or damages,including but not limited to,costs of acceleration or 2 cTsfvS!1 °r I"r**'uriSJn.g ^^°f de,ay>diSrUPtion'i^rference or hindrance fromli^m^T SUCh delay>disrUptlon'iMerference or hindrance be reasonable orunreasonable,foreseeable or unforeseeable,or avoidable or unavoidable. Tvf ii .u ?R T'r a"C'aimS **are no?Pre«nted to the City in writing on or before the 21sdayfollowingthedateoftheeventuponwhichtheclaimisbased. ARTICLE 13 .GUARANTFF '3''SntoaSJS1?11 5?^f™**a?d unconditional|y *«™t through either the manufacturer or thenS^JiTw^S !*i TerialS and e«uiPment fumished and Work performed for patent oaS2w?iSi,7?d one,(,)yea:Afrom the date of *"'Acceptance -rndicated'"*eCONSULTANTLetterofRecommendationofAcceptanceorfromthedatewhenthedefectwasfirst observable,whichever is later.The same guarantee and unconditional warranty shall be extend for five (*1 years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work.The CITY will give notice of observed defects with reasonable promptness.In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10)calendar days after having received written notice of the defect,or should the CONTRACTOR commence the corrective work,but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents,applicable law,rules and regulations,the CITY may declare an event of default terminate the Contract in whole or rr^^n!*•Defective Work to be amoved or corrected and to complete the Word at theCONTRACTORSexpense,and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period 13.2 The specific warranty periods listed in the Contract Documents,if different from the period of time listed in Section 13.1,shall takeprecedenceoverSection 13.1. •n Page 59 of 74ThomasF.Pepe 9-10-14 ARTICLE 14 -PAYMENTS AND COMPLETION Payments to Contractor I4;l The Contractor shall not be entitled to any money forany work performed before the issuanceofa Notice to Proceedon the formdescribedin the Contract Documents and the issuanceby the City of a "purchase order",or any other document,does not andshall not authorize the commencement of the Work At least ten (10)calendardays before eachprogress payment falls due(but not more often than once a month),the CONTRACTOR shall submit to the CONSULTANT apartial payment estimate filled out andsignedby the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported bysuchdataas the CONSULTANT mayreasonablyrequire.All progress payment applicationsafter the firstprogress payment shallbeaccompaniedbypartialreleasesof lien executed byallpersons,firmsand corporations who havefurnishedlabor,servicesormaterials incorporated into the work during the periodof time forwhich the previousprogress payment wasmade, releasingsuchclaimsandlienrights,ifany,of those persons. Ifpaymentisrequestedon the basisof materials and equipment notincorporatedin the Work but deliveredandsuitablystoredatornearsite,the partial paymentestimate shall alsobe accompanied by suchsupporting data,satisfactorytotheCITY,which establishes the CITTS titletothe material and equipmentaswellascertificatesof insurance providing coveragefor 100%ofthevalueof said material andequipmentcovering the material andequipmentfrom all casualties as well astheft,vandalism,fire and flood.The CONTRACTOR shall replaceatitsexpenseanystored materials paid forwhichareeither damaged orstolenbefore installation.TheCONSULTANTwillwithinten (10)calendar days after receiptof each partial payment estimate,either certifying in writing its approval ofpayment and present the partial paymentestimatetotheCITY,orreturnthe partial paymentestimatetotheCONTRACTOR, indicating inwritinghisreasonsfor refusing toapprove payment.In thelatter case,the CONTRACTOR may make the necessary correctionsandresubmitthe partial paymentestimate.TheCITY,will within thirty (30)calendar days of presentation toit of.any approved partial payment estimate,pay the CONTRACTORa progress payment onthe basis ofthe approved partial payment estimate.TheCITY shall retain ten (10%)percentoftheamountof each payment until Final Completion and Acceptance of all Work covered bytheContract Documents.Anyinterest earned onthe retainage shall accrue tothe benefit of the CITY. 14.2 The CONTRACTOR,beforeit shall receive final payment,shall deliver totheCITYaContractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor,services or materials,directly or indirectly,which was incorporated intothe Work.If any person refuses to provide such a release or provides a conditional release,the CITY shall have the right to issue a joint check made payable tothe CONTRACTOR andsuch person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrantsand guarantees thattitleto all Work,materials andequipmentcoveredby an Application for Payment whethertheWork,material or equipment is incorporated inthe Project or not,shall have passed totheCITY prior tothe making ofthe Application for Payment,free and clear of all liens,claims,security interest and encumbrances (hereafter in these General Conditions referred to as "Liens");and thatnoWork,materials or equipment,covered by an Application for Payment,will have been acquired bythe CONTRACTOR orby any other person performing the Work atthesiteor furnishing materials and equipment for the Project,under or pursuant to an agreement under which an interestthereinor encumbrance thereonis retained bythesellerorotherwiseimposedbythe CONTRACTOR or such other person. Approval of Payment 14.4 TheCONSULTNTs approval ofany payment requested in an Application for Payment shall constitutea representation by him tothe CITY,based onthe CONSULTANTS on site observations oftheWork in progress as an experienced and qualified design professional and on his review ofthe Application for Payment and supporting data,thattheWork has progressed tothe point indicated in the Application for Payment;that,tothebest his knowledge,information and belief,the quality oftheWork is in accordance withtheContract Documents (subject to an evaluation ofthe Work asa functioning Project upon substantial completion as defined in Article I,tothe results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval);and thatthe CONTRACTOR is entitled to payment ofthe amount approved.However,by approving,any such payment the CONSULTANT shall nottherebybe deemed to have represented thathe made exhaustive or continuous on-site observations tocheckthe quality orthe quantity oftheWork,orthathe has reviewed the means, Page60 of 74 Thomas F.Pepe 9-10-14 methods,techniques,sequencesand procedures ofconstructionorthathehadmadeany examination to ascertain how orforwhatpurposethe CONTRACTOR hasusedthemoneys paid ortobe paid tohim .;onaccountoftheContract Price,orthattitletoany Work,materials,or equipment haspassedtothe CITY freeandclear of anyliens. 14.5 The CONTRACTOR shall make the followingcertificationoneach request for payment "Iherebycertifythatthe labor and materials listedonthisrequestforpaymenthavebeenusedinthe construction of this Work and that allmaterials included inthis request for payment and not yet i incorporatedintotheconstructionarenowonthesiteorstoredatanapproved location,andpayment receivedfromthelastrequestforpaymenthasbeenusedtomakepaymentsto all hisSubcontractors j and suppliers,exceptforthe amounts listed below beside the names ofthe persons who performed work orsuppliedmaterials". In the event thatthe CONTRACTOR withholdspaymentfromaSubcontractoror Supplier,thesame amountof money shall be withheld fromtheCONTRACTOR'Spaymentuntiltheissueisresolvedby writtenagreementbetweenthemandthenajointcheck shall bemade payable tothepersoninquestion and the CONTRACTOR inaccordancewith the settlement agreement,otherwise the money shallbe heldby the CITYuntilajudgmentisenteredin favor ofthe CONTRACTOR ortheperson,inwhichcase themoney shall be paid according with said judgment.Nothing contained herein shall indicate anintent to benefit anythirdpersons who are not signatories to the Contract. 14.6 The CONSULTANT mayrefusetoapprovethewholeoranypartofanypaymentif,initsopinion,itis unable to makesuchrepresentationstotheCITYasrequiredthisSection 14.Itmayalsorefuseto approveanypayment,oritmayvoidanypriorpayment application certification becauseofsubsequently discoveredevidenceor the resultsof subsequent inspectionor tests tosuch extent asmaybenecessary i initsopinionto protect theCITYfromloss because: 14.6.1 of Defective Work,or completed Work hasbeendamagedrequiringcorrectionorreplacement, 14.6.2 the Work forwhichpaymentis requested cannotbeverified, 14.6.3 claims of Lienshave been filed or received,or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITYhas correct Defective Work or completed the Work inaccordancewithArticle 13. 14.6.6 of unsatisfactoryprosecutionofthe Work,including failure tocleanupas required by paragraphs 6.29 and 6.30, 14.6.7 ofpersistent failure tocooperatewithothercontractorsontheProjectandpersistent failure to carry out the Work inaccordancewith the Contract Documents, 14.6.8 of liquidateddamages payable by the CONTRACTOR,or 14.6.9 ofany other violationof,or failure tocomplywithprovisionsoftheContractDocuments. 14.7 Prior to Final AcceptancetheCITY,withthe approval oftheCONSULTANT,mayuseanycompletedor substantially completedportionsofthe Work providedsuchusedoesnotinterferewiththe CONTRACTOR'S completionofthe Work.Suchuse shall notconstituteanacceptanceofsuchportions of the Work. 14.8 TheCITY shall havetherighttoenterthepremisesforthepurposeofdoing Work not coveredbythe ContractDocuments.This provision shall notbeconstruedas relieving the CONTRACTOR ofthesole responsibility forthecareandprotectionoftheWork,orthe restoration ofany damaged Work except suchasmaybecausedbyagentsoremployeesoftheCITY. 14.9 Upon completion and acceptance ofthe Work theCONSULTANT shall issuea Certificate attached to the Final Application for Payment thatthe Work has been accepted byitunderthe conditions ofthe Contract Documents.The entirebalancefoundtobedue the CONTRACTOR,including the retained percentages,butexcept such sums as may be lawfully retained bythe CITY,shall be paid tothe CONTRACTORwithinthirty (30)calendar days of completion and acceptance oftheWork. 14.10 UponThe awarded CONTRACTOR will be strongly encouraged to register asan ePayables Vendorwith theCity.The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards.ePayables,streamline the process of making payments to your organization going forward,theCity will provide the CONTRACTOR witha credit card account number tokeepon file.This card has unique security features,with$0of available funds until an invoice is approved for payment.Afteran invoice has received proper and complete approval,an electronic remittance advice will besent via e-mail,or fax,which notifies the CONTRACTOR that the fundshave been transferred in to the account linked to the cardfor the amount Page 61 of 74 Thomas F.Pepe 9-10-14 listedon the invoice and/or remittance email.Please refer to the ePayables Questions &Answers Form contained inthisRFPor contact the CITY's Finance department at(305)663-6343withany questions. Acceptance of Final PaymentasRelease 14.11 The Acceptance by the CONTRACTOR of Final Payment shall beand shall operate asareleasetothe CITYandawaiver of allclaimsandall liability to the CONTRACTOR other thanclaimspreviously filed and unresolved.The waiver shallincludeallthings done or furnished in connection with the Work and for every actand neglect of the CITYand others relating to or arising out of this Work.Any payment, however,final or otherwise,shall not releasethe CONTRACTOR orits sureties fromanyobligations under the Contract Documents or the Performance Bondand Payment Bonds. 14.12 The CONSULTANT may voidanycertificationof Substantial Completion or Final Completionofthe Work asmaybe necessary inhisopinion to protect the CITY fromlossifhe determines,becauseof subsequently discovered evidence or the results of subsequent inspection or tests,that 14.12.1 the Work is defective,or that the completed,Work has been damageddue to the fault of the CONTRACTOR or any individual or entity operating under or through itrequiring correction or replacement to the extent that the project isnolongerSubstantially Completed,or in the case of Final Completion certification,isnolonger Finally Competed. 14.12.2 the Work necessary to be completed for the purpose ofcertifying the work asbeing Substantially Completed or Finally Completed cannot beverified, 14.12.3 claims or Liens have been filed or received,or there is reasonable evidence indicating the probable filing or receipt thereof that,ifvalidandpaid,would reduce the amount owing to the CONTRACTOR BY20%in the case of Substantial Completion and5%in the case of Final Completion. 14.12.5 there is Defective Work the value of which,if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY20%in the caseofSubstantial Completion and5% in the case of Final Completion. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 TheCITYmay,atanytimeand without cause,suspendthe Work oranyportion thereof foraperiodof not more thanonehundredeighty (180)calendar daysbynoticeinwriting to the CONTRACTOR and the CONSULTANT,which shallfix the date on which Work shallbe resumed.The CONTRACTOR shallbe allowed an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to anysuspensionandifa claim istimelymadeandifitisallowedunderthetermsofArticles |l or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankruptorinsolvent,orifhemakesa general assignmentforthe benefit of its creditors,orifa trustee orreceiverisappointedfor the CONTRACTOR orforanyits property,orifhe files apetitiontotake advantage ofanydebtor'sact,orto reorganize under bankruptcy or similar laws,orifherepeatedly fails tosupply sufficient skilled workmenor suitable materials or equipment,orifhe repeatedly fails tomakeprompt payments to Subcontractors orfor labor,materials or equipmentorhe disregards laws,ordinances,rules,regulations orordersofany public body having jurisdiction,orifhe disregards the authority oftheCONSULTANT,orifheotherwise violates any provision of,theContract Documents,thentheCITY may,without prejudice toanyother right or remedyandafter giving theCONTRACTOR and theSuretyseven (7)calendar days written notice, terminatetheservicesof the CONTRACTOR andtakepossessionoftheProjectandof all materials, equipment,tools,construction equipment and machinery thereonownedbytheCONTRACTOR,and finish the Work bywhatevermethoditmaydeemexpedient.In suchcasethe CONTRACTOR shall not beentitledtoreceiveanyfurtherpaymentuntilthe Work is finished.Ifthe unpaid balance ofthe Contract Price exceeds the directandindirectcostsofcompleting the Project,including compensation for additional professional services,suchexcess shall be paid totheCONTRACTOR.Ifsuchcosts exceed such unpaid balance,theCONTRACTORortheSuretyonthe Performance Bond shall pay the difference totheCITY.Suchcosts incurred bytheCITY shall bedeterminedbytheCONSULTANTand incorporated inaChange Order. If after termination of the CONTRACTOR underthisSection,itis determined bya court of competent jurisdiction forany reason thattheCONTRACTOR was notin default,the rights and obligations ofthe Page62 of 74 Thomas F.Pepe 9-10-14 CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated bythe CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys bythe CITY duetheCONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7)calendar days written notice tothe CONTRACTOR and the CONSULTANT,the CITY may,without cause and without prejudice to any other right or remedy,elect to terminate the Contract for the convenience ofthe CITY.In such case,the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination,minus any deduction for damage or Defective Work.No payment shall be made for profit for Work which has not been performed. RemovalofEquipment 15.5 In the case of termination of this Contract before completion for any cause whatever,the CONTRACTOR,if notified to do so by the CITY,shall promptly remove any part or all of its equipment and supplies from the property of the CITY.Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them atthe expense ofthe CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies.Equipment and supplies shall notbeconstruedto include suchitemsforwhichthe CONTRACTOR has been paid in whole or in part Contractor May Stop Work orTerminate 15.6 If,through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than one hundred eighty (180)calendar days bythe CITY orby order of other public authority,or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30)calendar days after it is submitted,or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT,within thirty (30)calendar days of its approval,and presentation,then the CONTRACTOR may,upon twenty (20)calendar days written notice tothe CITY and the CONSULTANT,terminate the Contract The CITY may remedy the delay or neglect within the twenty (20)calendar day time frame.If timely remedied bythe CITY the Contract shall notbe considered terminated.In lieu of terminating the Contract,if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said,the CONTRACTOR may upon ten (10)calendar days'notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents oronthe performance ofthe CONTRACTOR or the CltY pursuant to the terms of the Contract Documents.Therefore,the CITY or the CONTRACTOR,atthe CONSULTANTS request,agree to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an interpretation,de-certifies a payment application,decertifies Substantial Completion,decertifies Final Completion,certifies an event of default,or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 -MISCELLANEOUS 16.1 Whenever any provision ofthe Contract 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,to the lastknownbusinessaddress. 16.2 The Contract Documents shall remain the property ofthe CITY.The CONTRACTOR and the CONSULTANT shall have the right to keep one record setofthe Contract Documents upon completion of the Project 16.3 The duties and obligations imposed by these General Conditions,Special Conditions and Supplemental Conditions,if any,and the rights and remedies available hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR bythe Contract Documentsand the rightsandremedies available totheCITYand CONSULTANT thereunder,shall bein addition to,and shall notbe construed in any way as a limitation of,any rights and remedies available by law,by special guarantee orbyother provisions oftheContractDocuments. Page63 of 74 Thomas F.Pepe 9-10-14 16.4 Should the CITYor the CONTRACTOR sufferinjuryordamagetoitspersonor property becauseofany error,omission,oract of the other or of any of their employees oragents or others for whose acts they arelegallyliable,claimshallbemadein writing to the other partywithin twenty one (21)calendardays of the first observance of suchinjuryordamage. ARTICLE 17 -WAIVER OFJURYTRIAL 17.1 CITY and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waive anyright either may have to atrialbyjuryinStateorFederal Court proceedings in respect to anyaction,proceeding,lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 -ATTORNEYS FEES JURISDICTION/VENUE/GOVERNING LAW 18 .1 The Contract shall be construed in accordance with and governed by the law of the Stateof Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdictionin Florida regardinganyclaim oractionarising out of orrelating to the Contract or Contract Documents.Venue ofanyactionto enforce the Contract shallbeinMiami-Dade County,Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall beentitledtorecover all suchcostsandexpenses,including,butnot limited to, court costs,andreasonable attorney's fees. 18.4 ExceptasmaybeotherwiseprovidedintheContractDocuments,all claims,counterclaims,disputesand other mattersinquestion between theCITYandthe CONTRACTOR arising out ofor relating tothis Contract or the breach thereof,shallbedecidedina court of competent jurisdiction within the Stateof Florida. ARTICLE 19 -PROJECT RECORDS 19.1 TheCITY shall haveright to inspectandcopy during regular businesshoursatCITY'Sexpense,thebooks and records andaccounts of CONTRACTOR whichrelateinanyway to the Project,and to anyclaimfor additional compensation madebyCONTRACTOR,andtoconductanauditofthe financial and accounting recordsof CONTRACTOR which relate tothe Project.CONTRACTOR shall retain and make available to CITY all such books and records and accounts,financial or otherwise,which relate to theProjectandtoany claim foraperiodofthree(3)years following final completionofthe Project. During the Project andthethree(3)year period following final completionofthe Project, CONTRACTOR shall provideCITY access toitsbooksandrecordsupon five (5)business day's written notice. 19.2 ACCESS TO PUBLICRECORDS.CONTRACTOR andall of its subcontractors arerequired to comply with public records laws (s.l 19.0701)and theCONTRACTOR agrees to incorporate this paragraph in all ofitssubcontractsforthisProject CONTRACTOR and its subcontractorsare specifically requiredto: a.Keep and maintain public records that ordinarily and necessarily would be required bythe public agencyin order to perform the service. b.Provide the public with access to public records onthe same terms and conditions thatthe public agency would provide the records and atacostthatdoesnotexceedthecost provided inthis chapteroras otherwise providedby law. c.Ensure that public records that are exemptor confidential and exempt from public records disclosurerequirementsarenot disclosed exceptasauthorizedby law. d.Meet all requirements for retaining public records and transfer,atnocost,tothe public agency all public records in possession ofthe contractor upon termination ofthecontract and destroy any duplicate public recordsthatareexemptor confidential and exempt from public records disclosure requirements.Allrecordsstored electronically mustbe provided tothe public agency ina format thatis compatible withthe information technology systemsofthe public agency. e.If CONTRACCTOR oritssubcontractordoesnotcomplywitha public recordsrequest,theCITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable toCITYforitscostsof enforcing this provision,including attorney fees incurred in all proceedings,whether administrative or civil court and in all appellate Page 64of74 Thomas F.Pepe 9rM)-l4 proceedings.The Cityshallalsohave the rightto immediately terminate this Agreement forthe refusalby the Contractor to comply with Chapter 119,Florida Statutes. !f.TheContractor shall retain all records associated withthisAgreementfora period ofthree (3)years from the date of Termination oras otherwise required by Chapter 119. ARTICLE 20 -SEVERABILITY 20.1 Ifanyprovisionof the Contract ortheapplication thereof toanyperson or situationshalltoany extent beheldinvalidor unenforceable,the remainder of the Contract and the application of suchprovisions to persons or situations other than those as to whichitshallhave been heldinvalid or unenforceable shall not beaffected thereby,andshall continue in full forceand effect andbe enforced to the fullest extent permitted bylaw. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR isan independent CONTRACTOR under the Contract Servicesprovidedby the CONTRACTOR shallbeby employees of the CONTRACTOR and subject to supervision by the CONTRACTOR,and not asofficers,employees,oragents of the CITY.Personnelpolicies,tax responsibilities,social security andhealthinsurance,employee benefits,purchasingpoliciesand other similaradministrative procedures,applicable to services rendered under the Contract shallbe those of the CONTRACTOR. IN WITNESS WHEREOF,the parties hereto have executed the-General Conditions to acknowledge their inclusion as part of the Contract Documents on this &*>day of LJ^fyyUZ/t/l/^»20/fTT CONTRACTOR:/\/ Signature:m a.p,>v//L ^ Title:fneMK+iA AUTHENTICATION: Signature^ Thomas F.Pepe 9-10-14 OWNER:CITY OF SOUTH MIAMI Signature^ xander. CityManager Page65 of 74 ^- Supplementary Conditions Consultant The CONSULTANT is defined as set forth in ARTICLE I of the General Conditions; however,if no consultant is listed below,all references in the General Conditions to the CONSULTANT shallmean the City'sdesignee.The name,address,telephone number and facsimile number ofthe Consultant ifany,and the City'sdesigneeareasfollows: Consultant City of South Miami SRS Engineering,Inc.RicardoA Ayala,P.E. 5001 SW 74th Court Suite 201 Capital Improvements Project Manager Miami,FL 33155-4453 4795 SW 75 Avenue Phone:305/662-8887 Miami,FL 33155 Fax:305/662-8858 Phone:305-403-2072 Fax:305-668-7208 B.Supplemental Definition:Work that isunsatisfactory,faulty,ordeficientshallmean work that does not coniform tothe Contract Documents,or does notmeetthe requirements of any applicable inspection, reference standard,test,orapprovalreferredtointhe Contract Documents,orhasbeendamagedprior to Engineer's recommendation of final payment(unlessresponsibilityfor the protection thereof hasbeen assumedinwritingbyCITY). C.Termination or Substitution:Nothing hereinshall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person"asdefinedin Article I. D.Disputes:If anydisputeconcerningaquestionoffactarisesunder the Contract,other thantermination fordefaultor convenience,the CONTRACTOR and the City department responsibleforthe administration of the Contract shall makeagood faith effort toresolve the dispute.Ifthedisputecannot beresolvedby agreement then the department withtheadviceoftheCity Attorney shall ruleon the disputedissueandsenda written copyofitsdecision to the CONTRACTOR,which shall bebindingon both parties. E.Non-conformance to Contract TheCityofSouth Miami maywithholdacceptanceof,orrejectitems whicharefounduponexamination,notto meet the specification requirements.Uponwritten notification ofrejection,itemsshallbe removed withinfive(5)businessdaysby the CONTRACTOR athisown expenseandredeliveredathisexpense.Rejectedgoodsleftlongerthanthirty(30)calendar days shall be regarded as abandoned andtheCity shall havethe right to dispose ofthemasitsownproperty and the CONTRACTOR thereby waivesany claim to thegoodor to compensationofanykind.Rejectionfor non-conformanceor failure to meet deliveryschedulesmayresultintheContractbeingfoundindefault F.Default Provision:Incase of defaultbythe CONTRACTOR,the CityofSouth Miami mayprocurethe articles or services from other sources andhold the CONTRACTOR responsible forany excess costs occasioned or incurred thereby G.Indemnification:The CONTACTOR shallindemnify,saveharmless,anddefend the CityofSouth Miami, its officers,agentsandemployeesfromand against any claims,demandsorcausesofactionofwhatsoever kindornature arising out of error,omission,negligent act conduct ormisconductofthe CONTRACTOR,itsagents,servantsoremployeesintheprovisionofgoodsortheperformanceof services pursuanttotheContractand/orfromanyprocurement decision oftheCITY including without limitation,awardingthe Contract to the CONTRACTOR. H.Secondary/OtherContractors:TheCITYreservestherightintheeventthe CONTRACTOR cannot provideanitem(s)orservice(s)inatimelymannerasrequested,toobtainthegoodand/orservicesfrom other sourcesanddeducting the costfromtheContract Price without violating theintentofthe Contract. Page66 of 74 Thomas F.Pepe 9-10-14 I.AssignmentThe CONTRACTOR shall not transfer or assign the performance requiredbytheContract withoutpriorwrittenconsentoftheCity Manager.CONTRACTOR shall not assign ortransferits rights underthis Agreement without the express written consent of the City.The CONTRACTOR shall not assign anyofitsduties,obligationsand responsibilities.TheCitywill not unreasonablywithholdand/or delayitsconsenttotheassignmentoftheCONTRACTOR'S rights.TheCitymay,initssole discretion, allowthe CONTRACTOR to assign itsduties,obligations and responsibilities providedthe assignee meets all ofthe City's requirementstothe City's sole satisfaction,executes ailofthe Contract Documentsthat were requiredtobeexecutedbythe CONTRACTOR andprovidedthe CONTRACTOR remainsjointlyand severally liable foranybreachofthe Agreement bythe assignee. J.Plansfor Construction:The successfulBidderwillbefurnishedfoursets of Contract Documents without charge.Any additional copiesrequiredwillbe furnished totheBidderatacosttotheBidder equal tothe reproduction cost K.Warranty/Guarantee:CONTRACTOR shall actasagentona limited basis fortheCity,solelyforthe follow-up concerningwarranty compliance for ail itemsunder manufacturer's Warranty/Guaranteeand forthepurposeofcompleting all formsforWarranty/Guaranteecoverageunderthis Contract IN WITNESS WHEREOF,the parties hereto haveex- inclusion as part ofthe Contract on this ^**%day of edthe Supplementary Conditions to acknowledge their _,20/57 AUTHENTI Signature: Thomas F.Pepe 9-10-14 CONTRACTOR: Signature: OWNER: Signature: oignature:(^n.oj ^.^/^" Name:P<r**<&1l.Q^4 Title:<?^^^^^^Ar ^^l ^Steven Alexander City Manager OF SECTION Page67 of 74 NOTICE TO PROCEED 'Police Station Fueling Station Improvements'1 TO:DATE: PROJECT DESCRIPTION:"Police Station Fueling Station Improvements"in accordance with Plans and specifications,ifany,as may be prepared in whole or in part by CONSULTANT,referenced in the Supplementary Conditions and Contract Documents. You are hereby notified to commence Workin accordance with theContract dated ,onor before .Youaretocompletethework within 90 working days.Thedateof completion of all Work is therefore 20 City of South Miami BY: (PrintName) CityManager or designee ACCEPTANCE OF NOTICE Receipt oftheaboveNoticetoProceedishereby acknowledged by onthisdayof ,20. BY: TITLE: END OF SECTION Thomas F.Pepe 9-10-14 Page 68 of 74 EXHIBIT #1 Scope of Services &Schedule of Values/Summary of Quantities I.Scope of Work: Construction,per specificationsand construction documents,ofaPolice Fueling Station.This includesbutnotlimited to apre-fabricatedmetalcanopywith HSS columns,anisland to accommodate a water andairvacuumunit,steel storage cabinet,trash can,anexistingfuel management console,andexistingfuelpump,new sidewalk,newcurb,regrading,bollards, plantingnew trees,and lighting.Thescopealsoincludes pavement removaland restoration for approximately 90 LF ofnewdrainage,removalofaSea Grape tree,removalofexistingcurb. Theawarded vendor mustobtainanypermitsrequired.TheCity will waiveallCitypermitfees. Permits that maybe required by other agencies will be the responsibilityof the awarded vendor, includingapplicablefees. II.Site Location: The site is located at 6130 SW 72nd Street,North of the South Miami Police Station. III.Plans and Specifications Plans entitledPolice Fueling Station Improvements,preparedby SRS Engineering,Inc,and are a part ofthisRFPbywayof reference. IV.Project Duration The current estimate to complete construaion oftheprojectis 90 working days from issuance of Notice to Proceed. V.Warranty: Thestandardmanufacturer'swarrantyinformationmustbeprovidedinwritingforallequipment beingproposed,including installation byanauthorizeddealer.Native trees plantedby the awarded vendor forthisproject shall bewarranted to behealthyandgrowingforaperiodof one (I)yearfrom the dateof planting. Page69 of 74 Thomas F.Pepe 9-10-14 Summary of Quantities DESCRIPTION Site Preparation &Demolition Mobilization Maintenance of Traffic NPDESCompliance RemovalanddisposalofexistingSeaGrapeTree Removal and disposal ofexistingsoddingand fill ingreenareas Removalanddisposalofexisting portions offuelisland Removal anddisposalofexistingACpaving Miscellaneous electrical removals Other miscellaneous removals Site Work,Paving,Grading and Drainage Import,spread,place&compactselected fill for backfill tosubgrade Type "B"Stabilization (12"thickminimumCBR30) LimerockBase (12°Thick)-Asphaltic Concrete LimerockBase (8M Thick)-Cement Concrete Type "S-lir Asphaltic Concrete (1.5"thick) 4-inchthick concrete walkway Construction of new fuel island Core and connect to existing drainage manhole 3"PVC-C900 StormSewerPipe 8W PYC-C900StormSewerPipe Drainage clean-out Repairdamaged curbs,sidewalks SoddingBahia Structural Work Construction ofnew canopy foundations Furnishand Install newmetalcanopy Electrical and Mechanical Systems Electrical Power Conduits and Connector for Electric Car Potable Water PipingandHoseBibtoFuelingIsland&VacUnit Electrical PowerConduitstoCanopy&VacUnit Accent LightingonCanopy New Electrical Panel and feeder Stand Alone Card Reader for Vac Unit Miscellaneous Vacuum,Air,Water Dispenser StainlesssteelStorage Cabinet (36x24x60) TOTAL END OF SECTION Thomas F.Pepe 9-10-14 Page70of74 UNIT LS. Ls7 LS. LS. LS. L.S. LS. LS. LS. C.Y. S.Y. S.Y. S.Y. TON S.F. LS. EA. LF. LF. EA. LS. S.R EA ~LS.' LS. LS. LS. LS. EA. EA. EA E.A. EST. QTY 45 122 37 24 25.5 212 10 90 815 UNIT COST CL2i*SL SIS I72S n 2& TOTAL COST /3%X3&i)0 S??.* 3ST?^jm?sb 4otfs®Hog-do fr&£.'3i h 3563b1 SfS /iso <?,ZO 3^5 Jfcl*. £±$S MhIO t't?. 4/«y 488-?S 63-6&> J*'31 M3j2S LL££- A4fV 8,i 'i* 4%3<& UHELS. &?s I2il2£. HJ4<5 9*20 2f W?, 4?4f.S HW 575 ,t& //SOL® titH.00 HOO^O ?29-*¥ jjjr?<jt 4,m-&~ J/732'tf HJSS'M 199-S0 636 >£0 6,70'&< /,?2S'W /?9$'& h&3<U tJrisO- S 49.** 0 )<?,l!?'$<•• S-7S IhJM 4H/S ?,$*<> UjL&12±5° 4J1f<s0 1M&&} k /63,61*'16 EXHIBIT 2 insurance Requirements 1.01 lojucajncg A.Without limiting its liability,thecontractor,consultantorconsultingfirm(hereinafterreferredtoas "FIRM"with regard to Insurance and Indemnification requirements)shall be required toprocureand maintain atitsown expense during thelifeoftheContract,insuranceofthetypesandintheminimum amountsstatedbelowaswillprotectthe FIRM,fromclaimswhichmayarise out oforresultfromthe contract orthe performance ofthe contract withtheCityofSouth Miami,whether such claim is against the FIRM orany sub-contractor,orby anyone directly or indirectly employed by any ofthemorby anyonefor whose actsanyofthemmaybe liable. B.No Insurance required bytheCITY shall be issued orwrittenbya surplus lines carrier unless authorized in writing by the CITY andsuch authorization shallbeat the CITY's soleand absolute discretion.The FIRM shall purchase insurance from and shall maintain the insurance witha company or companies lawfully authorized to sell insurance inthe State of Florida,on forms approved bytheStateof Florida,as will protectthe FIRM,ata minimum,from all claims assetforthbelow which may arise outoforresult from the FIRM's operations under the Contract and for which the FIRM may be legally liable,whether such operations bebythe FIRM orbya Subcontractor orby anyone directly or indirectly employed by anyofthem,orbyanyoneforwhoseactsanyofthemmaybe liable:(a)claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable totheWork tobe performed;(b)claims for damages because of bodily injury,occupational sickness or disease,or death ofthe FIRM's employees;(c)claims for damages because of bodily injury,sickness or disease,or death of any person other than the FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage;(e)claims for damages,otherthantotheWork itself,because of injury toor destruction of tangible property,including lossofuse resulting there from;(0 claims for damages because of bodily injury,death ofa person or property damage arising outof ownership,maintenance oruseofa motor vehicle;(g)claims for bodily injury orproperty damage arising outof completed operations;and (h)claims involving contractual liability insurance applicable tothe FIRM's obligations underthe Contract. 1-02 Firm's Insurance Generally.The FIRM shall provideand maintain inforceandeffectuntil all the Work to be performed under this Contract has been completed and accepted by CITY (orfor such duration as is otherwise specified hereinafter),the insurance coverage writtenon Florida approved formsandassetforth below: I 03 Workers'Compensation Insurance atthe statutory amount asto all employees in compliance withthe "Workers'Compensation Law"ofthe State of Florida including Chapter 440,Florida Statutes,as presently written or hereafter amended,and all applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthe statutory coverage amount.The FIRM shall further insure that all ofits Subcontractors maintain appropriate levels of Worker's Compensation insurance. I-04 Commercial Comprehensive General Liability insurance withbroadformendorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability ofinterestwith cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limitperoccurrenceand$2,000,000 aggregate,including: •Personal Injury;$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000 each occurrence; •Automobile Liability:$i,000,000eachaccident/occurrence. •Umbrella:$1,000,000 perclaim I-05 Umbrella Commercial Comprehensive General Liability insurance shall bewrittenona Florida approved form withthesame coverage asthe primary insurance policy butintheamountof$1,000,000 per claim and $2,000,000AnnualAggregate.Coveragemustbeaffordedonaformnomorerestrictivethanthelatesteditionof the Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include: Page 71 of74 Thomas F.Pepe 9-10-14 (a)PremisesandOperation (b)Independent Contractors (c)Productsand/orCompletedOperations 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/orindemnificationagreement. (g)Personal Injury Coveragewith Employee and Contractual Exclusions removed,withminimum limits of coverage equal tothose required for Bodily Injury Liability and Property Damage Liability. I-06 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 andProperty Damage Liability.Umbrella coverage mustbeaffordedonaformnomorerestrictivethan the latest edition ofthe Business Automobile Liability policy,without restrictive endorsements,as filed by with the state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 107 SUBCONTRACTS:The FIRM agrees thatifany part ofthe Work undertheContractis sublet,the subcontract shall containthesameinsurance provision assetforthinsection 5.1 aboveand5.4belowand substituting thewordSubcontractorfortheword FIRM andsubstitutingtheword FIRM forCITYwhere applicable. 1.08 Fire andExtendedCoverage Insurance (Builders'Risk).IF APPLICABLE: C.In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withanInsurance Company or Insurance Companiesacceptableto the CITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,while inthe course of construction,including foundations,additions,attachments and all permanent fixtures belonging toandconstitutingapartofsaid buildings orstructures.Thepolicyor policies shall alsocover machinery,ifthecostof machinery is included in the Contract,orifthe machinery is located ina building thatisbeing renovated byreason of thiscontract.The amount of insurancemust,atalltimes,beatleast equaltothereplacementand actual cashvalueoftheinsuredproperty.Thepolicy shall beinthenameof the CITY andthe CONTRACTOR,astheirinterestmay appear,and shall alsocovertheinterestsof all Subcontractorsperforming Work. D.Allofthe provisions setforthinSection5.4hereinbelow shall apply tothis coverage unlessitwouldbe clearly not applicable. 1.09 Miscellaneous: E.If any notice of cancellation of insurance or change in coverage is issued bythe insurance company or shouldanyinsurancehaveanexpirationdatethatwilloccur during theperiodofthiscontract,the FIRM shall be responsible for securing other acceptable insurance priortosuch cancellation,change,or expirationsoas to provide continuous coverageasspecifiedinthis section andsoas to maintain coverage during the life of this Contract. F.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Attheoptionofthe CITY,eitherthe FIRM shall eliminate orreducesuch deductible orthe FIRM shall procurea Bond,ina formsatisfactorytothe CITY coveringthesame. G.The policies shall contain waiver of subrogation against CITY where applicable,shall expressly provide thatsuch policy or policies are primary overanyother collectible insurance thatCITYmay have.The CITY reserves the right at any timeto request acopyofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium payment ofthe CITY aswellas contractual liability provision covering the Contractors dutyto indemnify theCityasprovidedinthis Agreement H.Beforestartingthe Work,the FIRM shall delivertotheCITYand CONSULTANT certificatesofsuch insurance,acceptable tothe CITY,as well as the insurance binder,ifoneis issued,the insurance policy, including the declaration page and all applicable endorsementsandprovidethename,addressand telephone numberofthe insurance agent orbroker through whomthe policy was obtained.The insurer shall berated A.VII or better per A.M.Best'sKey Rating Guide,latesteditionandauthorizedtoissue insurance intheStateof Florida.All insurance policies mustbewrittenon forms approved bytheState of Florida and theymust remain in full force and effectforthe duration ofthe contract period withthe CITY.The FIRM may be required bythe CITY,atits sole discretion,to provide a "certified copy"ofthe Page72of74 Thomas F.Pepe 9-10-14 Policy (as defined inArticle1ofthis document)which shall include the declaration page and all required endorsements,inaddition,the FIRM shall deliver,atthetimeofdelivery of the insurance certificate,the following endorsements: (1)a policy provision oranendorsementwith substantially similar provisions as follows: "TheCityofSouth Miami isan additional insured.Theinsurershall pay all sumsthattheCityof South Miami becomes legally obligated to pay as damages because of cbodiiy injury",'property damage*,or "personal and advertising injur/'andit will provide totheCity all ofthe coverage thatis typically provided underthe standard Florida approved forms for commercial general liability coverageAandcoverage B"; (2)a policy provision oranendorsementwith substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving theCityofSouth Miami ten (10)days advanced writtennoticeoftheintentto materially modifythe policy orto cancel orterminate the policy for any reason.The notification shall be delivered totheCityby certified mail,with proofofdeliverytotheCity." Page 73 of 74 Thomas F.Pepe 9-10-14 AcoftrJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDD/YYYY} 5/2S/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 Is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject (o the terms and conditions ofthe policy,certain policies may require an endorsement Astatement on this certificate does not confer rights to the certificateholder In lieuofsuchondorsement(s). PRODUCER Coastal InsuranceGroup 150 Westward Drive Miami Springs FT.33166-1660 FLORIDA CONSTRUCTION ABD ENGINEERING,INC P.O.Box 14 26 Mi-ami Springs FL 33266 TOJTa75t 7 itoHE:t'A&Tia h Mar ting a phoweT" E-MAIL address:minan:ine>:©coastal J nsoroiiD.ccm"WfObUcfeR •--•-—---• pusxo«sbJO-^iJikQJiCzl iNSUP.En<r>J AFFORDING COVERAGE TTax liAic^f«>j:2.0.r?^.C'§7*.7..5.S3._ Jil^*^5.A :_Vi nings Insurance Company .'•N.s.VHcR e:Torus.JioecAsLtv Insurance.. insuresc;Bui 1 ders Insurance .Group INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:356931456 REVISION NUMBER: IdS ,SJ[2,SSHJ5f 71SJ',1 wW^CIES OF INSURANCE LISTED BELOWHAVE BEEMISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYSii?PJKS,^I£rJ:i^VVITMSTANDING ANY REQUIREMENT,TERW OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO X^E?'"^CERTIFICATE WAY BE ISSUED QR MAY PER]AIN.THE INSURANCE AFFORDED BY-THE POLICIES DESCRIBED HEREIN IS SUBJECTfDALLTHETtRMS.EXCLUSIONS AND COMDinONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- LTit 1 TYPE OF INSURANCE AOIU INSB .SUB**«,POLICY hPF ;POLICY EXP POLICYNUMBER :fyM/DD/YYYYI!fMW/DDVYYYYl LIMITS ;GENERAL LIABILITY Y CLP016O313-O0 t ,X0/34/201j $10/2-3/2014 i i | EACH OCCURRENCE £1,000,000 X COMMERCIALGENERAL LIABlurY |CLAIMS-WADE \X jOCCUR DAMAii'l:lOHEHWO .PREMISES (Fa occurreqpeV $100,000 WEDEXP/Anyoneperson)£5,Ot»0 !i PERSONAL &AOV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG Si.000*000 S2.00Q.OCO V j til AGGREGATEUMJ7 APPLIES PER: i POLiCY 1 jJig&1 1IOC 1 =AUTOMOBILE LIABILITY •AMY AUTO r- i COMBINED SINGLE LIMIT v'Ea Occident) e BOOiLY INJURY {Por person) BODILY INJURY {Par accident) PROPERTY OAMAGE (For accident} s c SCHEDULED AIJTOS HiRcO AUTOS NON-OWNED AUTOS s j $ % UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE UMB016.VU800 1/10/20H 19/54/2014 EACH OCCURRENCE AGGREGATE $2,000.£90 $2,000.060 DEDUCTIBLE $ RETENTION 5 s c WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y /M ANY PROPRIETOR/PARTNER/EXECUTIVE t \ OFFICER/-MEMG5R EXCLUDED? (Mantf afory In NH)'J If yes.dsscrfoe untfer DESCRIPTION OP OPERATIONS bofew N/A N WCV014 67 67 01 5/25/2014 5/25/2015 j WCSTATU-i IOTH- »1TJOav L1MHS.L..!.._£R_ El EACHACC'DENT EL DISEASE -EA EMPLOYER EL DISEASE -POUCY LIMIT $1,000,000 i 1j $1,000,000 £i,ooo,ooo B ixcii;?a L-1«b i J.i t y 6&132 2JL4CALX |3/?/203«? i 10/24/2814 'limit 1.000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORO 101,Additional Komarks Schoduto,if merespact is r&quif€G) COMMERCIAL GENERAL CONTRACTOR CONTRACTORS-SUBCONTRACTED WORK.--EB&T Is .Listed as certificate holder. CERTIFICATE HOLDER P i &T Ins\i.r« O.Box 2 5c1C arlocte NC nee -C 2 822 Ce irtsr ACORD25 (2009/09) _CANCELLATION>0 day.'.; SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLED BEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBE DELIVERED IN ACCORDANCE WITHTHEPOLICYPROVISIONS. authorized representative ©1980-2009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Indemnification Requirement A.TheContractoracceptsand voluntarily incurs all risksofany injuries,damages,orharmwhich mightariseduringtheworkoreventthatis occurring ontheCITY'spropertydueto the negligence or other fault oftheContractororanyone acting throughoronbehalfof the Contractor. B.TheContractor shall indemnify,defend,saveandholdCITY,its officers,affiliates,employees, successorsand assigns,harmlessfromanyand all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcostand expenses,including reasonable attorney'sfees,paralegal feesand investigative costs incidental theretoandincurredpriorto,during or following any litigation,mediation,arbitration andat all appellatelevels,whichmaybesufferedby,oraccrued against,chargedtoorrecoverablefromtheCityofSouth Miami,its officers,affiliates,employees,successors and assigns,byreasonofanycausesof actions or claim ofany kindor nature,including claims for injury to,or death of any personorpersons and forthelossor damage toany property arising out ofanegligent error,omission,misconduct,oranygross negligence,intentionalactorharmful conductoftheContractor,its contractor/subcontractor oranyoftheirofficers,directors,agents,representatives, employees,or assigns,or anyone acting through oron behalf ofanyofthem,arising outof this Agreement, incidenttoit,or resulting fromtheperformanceornon-performanceoftheContractor's obligations underthis AGREEMENT. C.TheContractor shall pay all claims,losses andexpensesofanykindornaturewhatsoever,in connection therewith,including theexpenseor loss oftheCITYand/orits affected officers,affiliates,employees, successors and assigns,including their attorney's fees,inthedefenseofany action inlaworequitybroughtagainst them and arising from the negligent error,omission,oractofthe Contractor,its Sub-Contractor or any oftheir agents,representatives,employees,or assigns,and/or arising out of,orincidentto,thisAgreement,orincidentto orresultingfromtheperformanceornon-performanceoftheContractor's obligations underthis AGREEMENT. D.The Contractor agreesandrecognizesthatneither the CITYnoritsofficers,affiliates, employees,successors and assigns shall beheld liable or responsible forany claims,including thecostsand expenses ofdefendingsuchclaimswhichmayresultfromorarise out ofactionsoromissionsoftheContractor, its contractor/subcontractor or any oftheir agents,representatives,employees,or assigns,or anyone acting through oron behalf ofthethem,and arising outofor concerning theworkoreventthatis occurring onthe CITY's property,in reviewing,approving or rejecting any submissions or acts ofthe Contractor,CITY innoway assumesorsharesresponsibilityor liability fortheactsoromissionsofthe Contractor,its contractor/subcontractor or any oftheir agents,representatives,employees,or assigns,or anyone acting through or on behalf of them. E.TheContractor has thedutyto provide a defense withanattorneyor law firm approved bythe CityofSouth Miami,which approval willnotbe unreasonably withheld. END OF DOCUMENT Page74of74 Thomas F.Pepe.9-10-14 South'rMiami Hit UW'tr J>ii-A'»«.Nr ii\i\t, ADDENDUM No.#1 Project Name:PoliceFueling Station Improvements RFP NO.PW2014-10 Date:September 24,2014 Sent:Fax/E-mail/webpage This addendum submission isissuedto clarify,supplement and/ormodifythe previously issued Requestfor Qualifications (RFQ)Documents,andisherebymadepartofthe Documents.All requirements of the Documents not modified hereinshall remain infullforceand effect as originallyset forth.Itshallbethesoleresponsibility of the bidder tosecure Addendums that maybeissuedfora specific solicitation. Question #1: Howistheprojectfunded? Answer to Question #1: TheprojectisfundedwithFederalForfeiture fluids;a form ofconfiscationofassetsby thestate,pursuanttolaw.Ittypicallyappliestotheallegedproceedsorinstrumentalitiesof crime.TheCityofSouthMiamiPoliceDepartment(CSMPD)is subject toanauditforthe expense of thesefundsandtherefore,theawardedcontractormaybeaskedbyCSMPDfortheir cooperation andsupportwhenandifanauditoccurs.TheCSMPDissolely responsible to respond tothe audit and not the awarded contractor. Question #2: WilltheCity of SouthMiamiwaivepermitfees? Answer to Question #2: All fees for permits issued bythe City of South Miami are waived.Fees for permits issued by other municipalities or governmental entitiesarethe responsibility ofthe awarded contractor. The awarded contractormustapplyandsecureall permits related tothis project. Page1 of2 Question #3: Whatisthestatus oftheplansforthisproject? Answer to Question #3: ThePlansforthisprojectarein process bytheCityofSouth Miami Building Department, Process #14-690 and;by Miami-Dade CountyDERMandFire Department,Process #M2014011805. Question #4: Doesthetreeonthe project siteneedtobe removed? Answer to Question #4: Yes the tree,inits entirety;including the stumps and roots,must be removed from the project site. Question #5: Isthe contractor responsible to secure the project sitewith security fencing or barricades? Answer to Question #5: Yes,the contractor is responsible to secure thesite with orange plastic security construction fencing. Question #6: During construction,isthefueldispenserrequiredtoremain operational? Answer to Question #6: The contractor mustprovideaccesstothefuel dispenser during construction as CSMPD must beableto fuel vehicles.Itis recognized durmg the project,there maybe periods of downtime forthe operation andaccesstothe fuel dispenser.Inthosecases,the contractor must provide adequate noticetotheCity'sProject Manager whowilt coordinate with CSMPD.TheCity's ProjectManagerwillprovide approval to the contractor foranyandall downtime relating tothe fuel dispenser.Thesedowntimeperiodsmust be keptataminimum. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION, Page 2 of2 South1 Miami ADDENDUM No.#2 ProjectName:PoliceFuelingStationImprovements RFP NO.PW-2014-10 Date:September 3 0,2014 Sent:Fax/E-mail/webpage This addendum submissionisissuedtoclarify,supplementand/ormodifythepreviously issued RequestforQualifications(RFQ)Documents,andisherebymadepartofthe Documents.All requirements of the Documents not modified herein shall remain infull force and effect as originallysetforth.Itshallbethesoleresponsibility of thebiddertosecureAddendumsthat may be issued fora specific solicitation. Question #1: Icanseeon the drawing C-1 that there will be two colors applied to the exterior ofthe canopy;Sapphire Blue&Gold.Icould not find any details onthe general notes or scope of work.Will City take thisonor doyouwantustopriceitoutalso? Answer to Question #1 The Canopy shall be supplied by die manufacturer (McGee)with the specified colors of Sapphire Blue forthe exterior panels and white for the ceiling panels.The golden yellow colored vinyl decal signage and stripping canbe applied bythe manufacturer ofbythe Contractor on site.The vinyl decal shall be Avery 12 year quality film with lettering 12-inch height Helvetica Bold Font.Contractor shall provide vinyl sample for approval priorto installation.Contractor shall be required to paint all columns andall exposed metal elements.These elements shall be painted grey with two coats of 100%exterior acrylic latex paint.Contractor shall provide paint and color sample to the City's Project Manager for approval priortopainting. Question #2; For clarification purposes:Doyou want usto paint the canopy oris this scope bythe city? Response #2 PleaserefertoAnswertoQuestion#1above. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAYBE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1