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12TO: FROM: DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander, City Manager Ricardo A. Ayala, Project Manager, Public Works Engineering & Construction April 15, 2014 South Miami bOd fijiP 2001 1;1. Resolution: A Resolution authorizing the City Manager to enter into a contract with Maggolc, Inc. for a contract price not to exceed $84,697.50 for the Dorn Avenue Drainage Improvements, to be charged to the Stormwater Trust Fund account number 111-1730-541-6490 Background: The current drainage system along Dorn Avenue does not have the capacity to alleviate the reoccurring flooding problems in the area. This is a high traffic area, including pedestrian traffic, with a lot of outdoor seating. This project will consist of drainage improvements along Dorn Avenue, from Sunset Drivel SW 72 nd Street to SW 73 rd Street. The drainage improvements will address the flooding issue with a new drainage system that will provide proper drainage for Dorn Avenue. The scope of work includes removal and reinstallation of brick pavers, removal of the existing trench drain, new 8" limerock base, installation of new french drains, and miscellaneous sidewalk paver repairs. The City of South Miami received five (5) proposals for the project, shown below: Maggolc Inc. R.P.Utility & Excavation Absolute Construction Services V Engineering & Consultants JVA Engineering Contractor Inc. $73,650.00 $77,000.00 $85,270.00 $87,000.00 $119,480.00 The proposals were reviewed and it was determined that Maggolc Inc. is the lowest, responsive and responsible bidder for the Dern Avenue Drainage Improvements Project. To account for any unknown factors that may arise, 15% contingency over the proposal amount of $73,650.00 is requested. The contingency amount shall not exceed $11,047.50. The total possible expenditure, including the contingency amount, is not to exceed $84,697.50. Expense: Amount not to exceed $84,697.50. Account: The expenditure shall be charged to the Stormwater Trust Fund account number 111- 1730-541-6490 which has a balance of $393,151.15 before this request was made. Attachments: Resolution Maggolc Inc. Proposal Bid Opening Report Mandatory Pre-Bid Sign-in Sheet Contract 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to enter into a contract with Maggolc, Inc. for the Dorn Avenue Drainage Improvements. WHEREAS, the Mayor and City Commission wish to provide drainage improvements along Dorn Avenue, from Sunset Drivel SW 72nd Street to SW 73rd Street. WHEREAS, pursuant to a competitive selection process, it was determined that Maggolc, Inc. submitted a proposal in the amount of $73,650.00 that was the most comprehensive and cost effective in its construction approach; and WHEREAS, the City desires to provide a 15% contingency over the proposal amount of $73,650.00 for unknown factors that may arise during the work in an amount not to exceed $11,047.50; and WHEREAS, the total expenditure, including the contingency amount, is not to exceed $84,697.50; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with Maggolc, Inc. for the Dorn Avenue Drainage Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to enter into a contract with Maggolc, Inc. for the Dorn Avenue Drainage Improvements for the amount of $73,650.00 and the City Manager also has authority to expend an additional not to exceed $11,047.50 for unforeseen conditions. A copy of the contract is attached. Section 2: The expenditure shall be charged to the Stormwater Trust Fund account number 111- 1730-541-6490 which has a balance of $393,151.15 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ___ day of ______ , 2014. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond BID OPENING REPORT Bids were opened on: Friday, April 04, 2014 after: W:OOam For: RFP # 2014-03 -Dorn Ave Draina!!e Impi'ovements COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: ~ ___ ~_~ ____ ·w~'~~~" CONSTRUCTION INC. CORP. THE ABOVE BIDS HA VE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE HH>S HA VE BEEN COMPLETELY REVIEWED. City CJerk:,.,._.~t:£t\1J\~P~r1.~___,, __ ,_ Print Nal Witness: T2lco.rJ2~"A~"_At",,-o,-,,,rC;L--__ Print Name Witness: '8Y;:\L~,J'o ~t~J~\{~tw'w Print Name ~ Date: RFP Title: RFP No.: Pre-Bid Conference Sign-In Sheet March 3 2014 .mm Dorn Avenue Drainage Imp"roY~!!i._ents PW-2014-03 Please l>rint Clearly Namelilitle Company NameZ E-mail Add"ess ITrelel)honc No. 1 2 3 7 9 10 --------4~---·------------------------ml--------------_4 u C:\Users\skulick.CSMI \Documents\South Miami\Templates\Prc-Bid Meeting Sign-In Sheet.doc CITY OF SOUTH MIAMI Dorn Avenue Drainage Improvements RFP #PW-2014·03 The City of South Miami, Florida, hereinafter referred to as "CSM", through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PW·20 14·03 titled "Dorn Avenue Drainage Improvements." The site is located at Dorn Avenue (SW 59 Ave) between Sunset Drive (SW 72 Street) and SW 73 Street, South Miami, FI 33143. The purpose of this RFP is to contract for the services necessary for the completion of the project in accordance with the "Scope of Services" as described in this RFP, Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package. including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (I) original unbound proposal, four (4) additional copies and one (l) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shaH be delivered to the Office of the City Clerk located at South Miami City Hall. 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the follOWing Envelope Information dearly printed or written on the exterior of the envelope or container in whleh the sealed proposal is delivered: The title of this RfP, as follows "Oorn Avenue Drainage Improvements" RFP #PW -2014-03 and the name of the Proposer (also referred to as "Respondent"). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on April 4, 2014. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall. 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposa! and in favor of the Clerk's receipt stamp. A Mandatory Pre·Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143 on Monday, March 3!. 2014 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions. terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project. and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. <l) Thomas F. Pepc. 2011-2013. All rights reserved. 7111!13!t3 Maria M. Menendez, CMC City Clerk Page I of 68 SCHEDULE OF EVENTS Darn Avenue Drainage Improvements No. Event I Advertisementl Distribution of RFP & Cone of silence begins -~orv Pre-Proposal Conference ~ ty of South Miami, City Hall Chambers, ~ 130 Sunset Drive, South Miami, FL 33143 2 Deadline to Submit Questions Deadline to City Responses to Questions 5 Deadline to Submit Bid-Response 6 Evaluation of Bid Responses 7 Agenda for Commission Approval of Contractors/Cone of Silence ends END OF SECTION © Thomas F, Perc, 2011·2013, All rights reserved, 71lllt 3/i3 Date* 3/24/2014 3/31/2014 4/2/2014 413/2014 414/2014 41712014 4115/2014 Time* (EST) 4 PM 1 lOAM lOAM lOAM lOAM 5 PM 7PM Page 2 of 68 Proposal Submittal Checklist form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and. if so, they will be identified in an addendum to this RFP. The response shall include the following items: Check Indicating Attachments and Other Documents to be Completed: C. t omple e Bid Form / --- Proposal Bid Bond N/A Performance Bond Power of Attorney BIDDER Qualification Statement Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace --- Acknowledgement of Conformance with OSHA Standards ---- ---List of Proposed Subcontractors and Principal Suppliers Related Party Transaction Verification Form v ---- Indemnification and Insurance Documents ---- Note: A Proposal Bid Bond is NOT required for the project. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. il:) Thomas F, Pepc, 20 [l-20 j 3, All rignts resorved. 7fI1/13!J3 END OF SECTION Page 9 of 68 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 BID FORM I. If this Proposal is accepted the undersigned Respondent agrees that by signing this Bid Form. the Respondent is agreeing to each and every term, provision and condition contained in the form of the Contract that is included in this RFP Package ("the RFP Contract"), and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, Within the Contract Time and in accordance with the other terms and conditions of the RFP Package and the RFP Contract. The Respondent agrees that if the contract is awarded to the Respondent, the Signature of the Respondent, or the signature of its authorized representative, on this Bid Form shall be the same as a signature on the RFP Contract. 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP. Invitation for Proposals and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract with the Bonds. Insurance Policy With appropriate endorsements, Insurance Certificate and other documents required by the RFP within ten (! 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of alt the RFP Documents and of the follOWing Addenda. if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work. site, locality, and aU local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: L Respondent has studied carefully all reports and drawings. if applicable, of subsurface conditions and drawings of physical conditions. H. Respondent has obtained and carefully studied (or assumes responSibility for obtaining and carefully studying) aU such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress. performance. or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, The Respondent hereby acknowledges that no additional examinations. investigations, explorations, tests. reports or similar information or data are, or wiU, be reqUired by Respondent for any reason in connection with the Proposal. The failure of the Respondent ((:)Tbomas F. Pcpe, 201 1-2013. All rights reserved. 7!lll13!13 Page 10 of 68 to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideratlon an possible underground conditions and Respondent, if awarded the contract, shaff not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations. investigations, explorations. tests, reports and studies with the terms and conditions of the Contract Documents. Iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations. investigations, explorations. tests, reports or similar information or data in respect to any Underground Facilities are. or will be. required by Respondent in order to perform and fumish the Work at the Contract Price, unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection 11 above. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given. the Respondent represents, by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any daim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group, association. organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY, 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. If required. is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor. materials, equipment, tools, superintendence and services necessary to provide a complete. in place Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and Alternates: #1 #2 #6 ------------------------------------------------------ #3 #4 #8 ------------------------------------------------------ i{J Thomas F, Pepe, 2011·2013, All rights reserved. 7/11113/13 Page II of 68 A fee breakdown, if applicable, for each task must be completed in the table shown above. Falfure to complete this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed. in full, within 30 working days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this RFP Package. SUBMITTED THIS DAY OF --+-- PROPOSAL SUBMITTED BY: Signature Title fi::' Thomas F Pepe, 201l-20D. All rights reserved. 7!J 1113113 20&. "--''--------- -( Telephone Number Email Add END OF SECTON Page 12 of 68 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction projects completed. a) In the past 5 years In the past 5 years (5 On Schedule b) In the past ! 0 years :; In the past 10 years :; On Schedule 2. List the last three (3) completed similar projects. a) Project Name: b) 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: Project Name: it) Thomas F. Pepe, 2011-2013. At! rights reserved. 7illi13!I3 f AJu) 14 er t\C1~ wr,! ~ Page 19 of 68 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 Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: '1'> Thomas F. Pepe, 2011·2011 AU rights reserved. 7111/13/13 90 Page 20 of 68 Original Contract Price: Actual Final Contract Price: 3. Current workload 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b} RESPONDENT's proposed project organizational chart. e) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations. b) Any arbitration or civil or crimina! proceedings, or ;J I If c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought .AI ~ against the Respondent in the last five (5) years j-t I. Government References: ~d Thomas F. Pepe, 2011·2013. AH rights reserved. ?!ll!l3!l3 Page 21 of 68 ENGINEERING CONTRACTOR-LlC: E·251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786-472-8831 OFFICE ORGANIZATION CHART M'Jguel·An~el'~.bli"la . ,COll(!rete &.A:sphal(. 'CrewFohnan" .. ENGINEERING CONTRACTOR -L1C: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786-472.tlS31 PROJECT ORGANIZATIONAL CHART Drainage Project Manager: .Jorge Finol MAGGOLC INC. Prime Contractor General Superintendent: Mario Gonzalez, BD Office Engineer: Olga Leon, BD Concrete Manager: Rey Esquibel Brick and Restoration Crew. Manager: .luan Ruiz RESUME: MARIO GONZALEZ Engineering Contractor -Lie. E·251302 11020 SW 55 ST., Miami, FL 33165 Phone: 786·291·2949 Fax: 786-472·8831 Superintendent! Project Manager of Maggolc Inc. Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the fields of highway and railway design, construction, maintenance, and operations. EDUCATION: Instituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Mella", Santiago de Cuba, Cuba. Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United States. Universidad Central de Venezuela, Caracas, Venezuela. Degree: INGENIERO CIVIL (Civil Engineer), July 1997. CERTIFICATIONS: -TROXLER Electronics Lab -Nuclear Gauge Safety Training, (2001 & 2004) -FOOT -MUTCD/Maintenance of Traffic, Intermediate Level (2008) -ASPHALT PAVING TECHNICIAN -Levell (2004) -EARTHWORK CONSTRUCTION lNSPECTION -Levell (2005) -ACI, Concrete Field Testing Technician-Grade I. (2005) -FDOT Concrete Field Inspector Specifications. (2005) LICENSES: -General Engineering Contractor -General Building Contractor -Registered and Cmiificate State of Florida Ondergraund Utilities Contractor. ~Registered General Contractor State of Florida WORK EXPERIENCE: MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present). Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in Drainage Systems, Pavement and Concrete. Work Executed: -Friedland Manor Drainage Improvements (City of Florida City) 2013 -NW 8 ST & NW14 CT Roadway & Drainage Improvements (City of Miami) 2013 -1-195/ Julia Tuttle Bike Path! Trail (FDOT) 2013 -ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013 -Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012 -Killian Park Rd Stormwater Improvements (Village ofPinccrest) 2012 -Phase IV Drainage Improvements, (Village of Palmetto Bay) 2012 -SR 941 Kendall Dr at SW 142 Ave Roadway lmprov. (FDOT) 2012 ·FDOT LAP Roadway Improvements. (City of Sweetwater) 2012 • SW 64 Street Corridor Improv. (City of South Miami) 2012 -District #2 Citywide ADA Sidewalk Impt·ovements. (City of Miami) 2012 • Long Key State Park -Resurface Campground Road (Florida Dep. of Environmental Protection) 2012. -Suncrest Dr. & Moss Ranch Rd. Storm water Improvements (Village of Pinecrest) 20] L -SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011 -SW 19 Terrace Roadway & Drainage Improvements (ClP, City of Miami) 2011. • Tamiami Canal Miccosukee Linear Park (Miami-Dade County, Park & Recreation Dep.) 2011. -District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -MIA NW 36 Street & 67 Ave Intersection Improvement (concrete) (Aviation Department M-D County) 2011 -MIA Building 3050 Parking Lot Improvements (Aviation Department M-D County) 20 II -District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion. (Village of Palmetto Bay) 201{) -Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010. -AD Barnes Park Asphalt Walkways .• (M-D County Park & Recreation) 2010. -Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010 -District I, Sidewalks Repair. (City of Miami). 2010 -Crandon Park ADA Parking Space Striping and Signs. (M-D County Park & Recreation) 2010. -District II, Sidewalks Repair. (City of Miami). 2010 ~Harbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 20 10 -Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010 -Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt Resurfacing, (FDOT, District 6) 2009 -Country Club of Miami Park Concrete and Asphalt Walkway (Miami-Dade County, Park & Recreation Dep.) 2009. -Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009. -West Little River Improve Asphalt Driveways. (Miami-Dade County Office of Community and Economic Development) 2008. -West Perrine Park Concrete Slabs and Poured Safety Surface. (M-D C Park and Recreation) 2008 -Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008-2009, 2009-2010 and 2010-2011. -Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M-D County Public Work Dep.) 2008 -Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department) 2008 -Dolphin Arcbaeological Site Sidewalk Construction. (M-D County Park and Recreation) 2008. -Olympic Park Sidewalks Construction. (M-D County Park and Recreation) 2007 -Norman & Jean Reach Park Foul Ball Netting. (M-D County Park and Recreation) 2007 -Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M-D County Public Work Dep». 2006 , etc Others Places where Gonzalez was working: SRS ENGINEERING, INC, Miami, Florida, USA. (August 2006 to July 2007). Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami-Dade County Projects). -Allaphatta Phase 1. -Hardwood Village Phase II. BERMELLO, AJAMIL & PARTNERS, INC, Miami, Florida, USA> (May 2005 to July 2006). Quality Control (QC) Construction Inspector (DOT pf(~iects); (Eartl)\.vork, Concrete and Asphalt). -Okeechobee Road. (W 12 Ave to Palmetto Expv,ry) -Miami Garden Drive. (NW 2 Ave to NW 17 Ave.) -Biscayne Blvd. (NW 96 ST to NW 104 ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike (Griffin Rd to Sunrise Blvd» -A-l-A (Key West). MARLIN ENGINEERING INC, Miami, Florida, USA. (October 2000 -May 2005). February 2004 to May 2005. Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami-Dade County Projects). Activities Included: Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and bedding material. Check the Contractor's compliance with all Maintenance of Traffic. Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc, Requirements: ~ Ensure the quality of the construction work, as per the Public Works Department Manual, FDOT Standards, and Project Contract Documents. -Ensure the full restoration of the project, including site cleanliness, swale grading, and sod placement. -Keep records of daily activities, daily production, site testing, and progress of the work. -Resolve complaints by residents resulting from construction activities. March 2001 to February 2004: Project Engineer Project Engineer for the design, roadway restoration, and storm drainage systems improvement, including independent sites and community. (DERM/FEMA Program administered by the Division of Recovery and Mitigation-DORM) in Miami-Dade County and City of Miami Storm Drainage Improvement Program). Working closely with Mkrostation and AutoCAD software. October 2000 to March 2001 and October 2002 to February 2003: Roadway Insgcctor. Surveying, inspecting and drawing sketches for roadway restoration projects in Q.NJ.P, Public Work Department of Miami-Dade County. Inspecting and supervising construction of asphalt patching, milling and resurfacing operations. ENGINEERING CONTRACTOR -L1C: E·251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786-472·8831 MAGGOLC REFERENCE LISTING 1) Company Name: Miami Dade County Public Works Department. Address:111 NW 1st ST 14 Floor, Miami, FL 33128 Contact Person: Alberto Estevez Telephone # 786 256 2627 2) Company Name: Miami Dade Park & Recreation Department. Address:275 NW 2nd Street, 4th Floor, Miami, FL 33128 Contact Person: Ruben Teurbe Tolon Telephone # 305 7555465 3) Company Name: Office of Community & Economic Development M-D County Address:701 NW 1st CT 14 Floor Miami, FL 33136 Contact Person: Mario Berrios Telephone # 786 4692112 4) Company Name: Florida Department of Transportation Address:14655 SW 122 Ave Miami, FL 33186 Contact Person: Janice Corn Telephone # 305 640 7200 5) Company Name: City of Miami Gardens Address:1515 NW 167 ST Bldg 5 Suite 200 Miami Gardens FL, 33169 Contact Person: Willian Garviso Telephone # 305 662 8031 6) Company Name: City of Miami Address:444 SW 2nd Ave, 8 Floor, Miami FL 33130 Contact Person: Fabiola Dubuisson Telephone # 305416 1755 7) Company Name: City of North Miami Address:776 NE 125 Street, North Miami, FL 33161 Contact Person: Gerardo Hernandez Telephone # 305 895 9831 8) Company Name: Village of Key Biscayne Address:88 West Mcintyre Street, Suite 220 Key Biscayne, FL 33149 Contact Person: Armando Nunez Telephone # 3053657574 9) Company Name: City of Coral Gables Address:2800 SW 72 Ave Miami, FL 33155 Contact Person: Esther Zabalo Telephone # 305 460 5004 NON-COLLUSION AFFIDAVIT Dorn Avenue Drainage Improvements STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) dtJ~t: (I) He/She!They is/are the --::---..-!.~:::::=::~~L-,4:"""".L:.:""""'~~~~~:L ____ _ lOwner Partner, Officer, Representative or Agent) ""-' ...... ...::-_-=""--'''''''--=:::;,:..._____ the Respondent that has submitted the (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Pr-oposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither-the said Respondent nor-any of its officer-s, partners, owners. agents, representatives, employees or parties in interest. including this affiant, have in any way colluded. conspir-ed. connived or agreed. directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to rekain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead. profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair roper and are not tainted by any collusion, conspiracy, connivance. or unlawful agreem,nt on e p1rt of the Respondent 01-any other of its agents, representatives. owners, employees orl~ rties f int 'rest, including this affiant. © ThOlpas F Pepe, 2011-2013, AU rights reserved, 7/!lJlj1!3 By: Page 23 of 68 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work. may not submit bids or proposals on leases or real property to a pUblic entity. may not be awarded to perform Work as a CONTRACTOR, Sub-contractor, supplier. Sub-consultant. or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor Ii~~ . The award of any contract hereunder is subject to the provISions of Chapter I 12. Florida State Statutes. Respondents must disclose with their Proposals. the name of any officer, director. partner. associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OfFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to by_-+-_ for ___ ---,j ent], I fvU~~' F t 3'; I (j I _ and (if applicable) its Fe Employer Identifi!atlon Number (FEIN) is ~~L::3~!t.l.:1~~";:L (If the entity has no FEIN, include the Sodal Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I }(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any pUblic entity or with an agency or political subdivision of any other state or of the United States. including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involVing antitrust, fraud. theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or withOUt an adjudication of guilt. in any federal or state trial court of recOI-d relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), flQrida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a pubHc entity crime. The term "affiliate" includes those officers. directors. executives, partners. shareholders, employees. members, and agents who are active in if,:, Thomas F, l'epe, 2011·2013, All rights reserved, 7/1lf131l3 Page 2S of 68 the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bId or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers. directors, executives. partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity/bmitting this sworn statement. [Indicate which statement applies.] _V_ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives. partners, shareholders, employees. members. or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july!, 1989. __ The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners, shareholders, employees, members. or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a pubUc entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July !, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.} I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBliC E TiTY FFICER FOR THE PUBLIC ENTITY D THAT THIS FORM IS VALID SO UNDERSTAND THAT ! AM ONTRACT IN EXCESS OF THE OR CATEGORY TWO OF ANY THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTE IN THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLOR A CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this _--=::...1... __ day of Personally known _.p.. _________ _ OR Produced identification _______ _ (Type of identifjcation) Form PUR 7068 (Rev.06f! 1/92) «;) Thomas F. Pepe. 2011·20}3, All rights reserved, 7/lli13fl3 FloridoNolaryScrvice,com _____ ,.20~. 'ssion expires f /2 ell 7 or stamped commissioned ry public) Page 26 of 68 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS Oorn Avenue Drainage Improvements TO THE CITY OF SOUTH MIAMI _~:::::....... __ .c:..-_--:' (Name of CONTRACTOR), hereby acknowledge and agree that as r the project as specified have the sale responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, dam ges. losses and expenses they may incur due to the failure of (Sub-Contractor's names): !c I i Title 1:) Thomas F. Pepe, 2011·2013, All rights reserved. 7/1 U13!!3 Page 28 of 68 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone. fax & Email Landscape Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Excavation Building Plumbing Painting Testing Laboratory Soil Fumigator This list s all be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. © TIlornas F. Pepc, 2011·2013, All rights reserved. 711l/13m Page 29 of 68 RELATED PARTY TRANSACTION VERIFICATION FORM Dorn Avenue Drainage Improvements ..:::;..,.; _____ v_,. individually and on behalf of ("firm"}have Name resentative CompanylVendoriEntity read the City of South City")'s Code of Ethics. Section SA-I of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, andlor the Firm. am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees. officers, directors of the Firm, nor anyone who has a financial Interest greater than 5% in the Firm, has any relatlve(s). as defined in section SA-(, who is an employee of the City or who is(are) an appointed or elected official of the City. or who is(are) a member of any public body created by the City Commission. i.e., a board or committee of the City[See Note #1 below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (I.e., spouse. parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city. or with any person or agency acti~g 71' the city, other than as follows: ~A. ~ necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e .• "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be Signed under oath). (See Note #1 below]; and (4) no elected and/or appointed official or emptoyee of the City of South Miami. or any of their immediate family members (i.e., spouse, parents, children. brothers and sisters) has a financial interest, directly or indirectly. in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names; p / A-(if necessary use a separate sheet to supply additional information that will notflt on this fine but make reference on the line above to the separate sheet, I.e., "see attached additional information" and make reference to this document and thiS paragraph on the additional sheet which additional sheet must be signed under oath). The names of aU City employees and that of all elected and/or appointed city officials or board members, who own, directly or indi~IY, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: ;V -d': > (if necessary use a separate sheet to supply additional information that will not fit on reference on the line above to the separate sheet. i.e .. "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath), [See Note #1 below] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege. benefit, or exemption for ourselves. or others. We agree that we may not disclose or use information, not avaHable to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. © Thomas F. Pepe, 2011-2013. All rights rescrvcd. 7!ll!13/13 Page 30 of 68 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation or any third party before any board, commission or agency of the City within the past two years other than as follows: __________ -'--'--"-''--____________ (if necessary use a separate sheet to supply additional information on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e .• as a spouse, son, daughter, parent. brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city e loyee; or (iii) any member of any board or agency of the City other than as follows: ___________ (if necessary use a separate sheet to supply additional information that will not this line but make reference on the line above to the separate sheet. i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm. nor any member of those persons' immediate family (i.e .. spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm. or any member of those persons' immediate family (i.e. spouse. parents, children. brothers and sisters) ha7 also responded, other than the following: t-?tI: ~ __________ r _______ ~_ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based sole!y on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm hefshe represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Spedfically, after the opening of any responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the the fine and/or any penalties allowed by law. Additionally. violations may be considered by Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I o investigate the matters to which I am attesting hereinabove and that the statements e and correct to the best of my knowledge, information and belief. Date:_+f_ © Thomas F. Pepe, 2011·2013, All nghtsreserved. 7ill/J3/l3 Page 31 of 68 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OO/YYyy) 9/24/2013 THIS CERTIFICATE IS ISSUED AS A MAnER 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 ElY 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 It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. PRODUCER Eastern Insurance Group, Inc. 9570 aN 107 Avenue Suite 104 Miami INSURED Maggolc, Ino. 11020 SW 55 Street Miami COVERAGES FL 33176 FL 33165 CERTIFICATE NUMBER:Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 8ELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLlCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHO\fIfN MAY HAVE BEEN REDUCED BY,P",A"ID",C",LA"EV01M"S_. ----------------i !~fl:: I TYPE OF INSURANCE GENERAL LIABILITY X COMMERCiAL GENERAL LIABILITY A CLAIMS·MADE [i] OCCUR X _~<::~<::,verage inoluded WORKERS COMPeNSATION SCHEDULED AUTOS NON·OWNED AUTOS X AND EMPLOYERS' LIABILITY Y! N !VW PROPRlcTORif'ARTNERIEXECUTIVE 0 IAII OFFICERiMEM8ER EXCLUDED? (Mandatory In Ntll 'I' !f Ves, dsscribe under I, DESCRIPTION OF OPE~A,.cTc:-;IO""N:.;:'S::..:b:,::e""IO\\,,-' __ +_+-_ D [Rented/Leased Equipment D [Scheduled Equipment ! (I-GL-000886108 4150130008652 (I xs 182687 l?760909402 690441326 69044926 ~/17/2013 b/22/2013 i I ill/2!2013 I 111/2/2013 I DESCRIPT!ON OF OPERATIONS t LOCATIONS I VEH!CLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is requina<l) Asphalt paving, concrete construction and drainage construction 1 EACH OCCURRENCE AGGREGATE $ 1 000,000 $ 1 000,000 E L. DISEASE· P $ 1 000,000 $250,000 $111,834 City of South Miami and Miami Dade County are listed as an additional named insured and shall be provided written notice 30 days before modification of this policy or cancellation for nonpayment of premium or otherwise. Coverage as an additional insured is provided if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Miami ACCORDANCE WITH THE POLICY PROVISIONS, Building & Zoning Department AUTHORIZED REPRESENTATIVE 6130 Sunset Drive Miami, FL 33143 , David Lopez/ANA ACORD 25 (2()10/()5) @) 1988-201 () ACORD CORPORATION. AI! rights reserved. INSO?1i 17f11m;, 0< Tho» b(Y)PfI n::>m<> ::>"rllnn ... ::>'0 .",,,i<:.b:m,>I" m::>,k", nf bf":{)PfI CONTRACT Dorn Avenue Drainage Improvements THIS CONTRACT was made and entered into on this day of , 20 __ , by and between ,hereafter referred to as "Contractor", and the City of South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 2. The Contract Documents shall include this Contract, the General Conditions to the Contract, the drawings, plans, specifications, project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which these documents refer, which are made part of those documents and that are documents prepared, or adopted by reference, by the Owner, as well as any attachments or exhibits that the Owner has made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the amount of: _-."..,,....,.,..-,-_-----:------:-----:-__________ Dollars ($ .00_), Lump Sum. (Spell Dollar Amount on line above) The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the above price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor (all as provided for in the Contract Documents), less the retainage which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of $ dollars per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor, at its expense within five (5) business days after the receipt of notice from the Owner-to do so, shall furnish an additional bond or bonds in such form and amount and with such Surety © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 38 of 68 or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. 9. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work by appropriate action by the Owner and in accordance with the Contract Documents. 10. The date that this contract was "made and entered into" is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. WITNESSES: (print name of Witness) (print name of Witness) AUTHENTICATION: Signature: ___________ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: Signature: ___________ _ City Attorney © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 CONTRACTOR: _________ _ Signature: Name: Title: OWNER: CITY OF SOUTH MIAMI Signature:. _______________ _ Steven Alexander City Manager Page 39 of 68 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City'S solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance Endorsements, Insurance policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. © Thomas F. Pepe. 2011-2013. All rights reserved. 7111113113 Page 40 of 68 Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. © Thomas F. Pepe, 2011-2013. All rights reserved. 7/11/13/13 Page 41 of 68 Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded the contract, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within one hundred eighty (180) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.S, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 2SS.0S( I), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. © Thomas F. Pepe, 201 1-2013. All rights reserved. 711 1/13/13 Page 42 of 68 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance ofthe Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY, Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. © Thomas F. Pepe, 2011-2013. All rights reserved. 711 1!13!13 Page 43 of 68 Oualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. ARTICLE 3-CORRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, © Thomas F. Pepe, 20\\-20\3. All rights reserved. 7111/\3113 Page 44 of 68 ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.1 I The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to Contract (c) Contract with all Exhibits thereto (d) Supplementary Conditions (e) Special Conditions (f) General Conditions Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (g) (h) (i) (j) (k) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied © Thomas F. Pepe, 201 1-2013. All rights reserved. 711 I1131I3 Page 45 of 68 himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY! CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY! CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 -INSURANCE 5 . 0 Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "CONTRACTOR" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the CONTRACTOR, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the CONTRACTOR or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The CONTRACTOR shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the CONTRACTOR, at a minimum, from all claims as set forth below which may arise out of or result from the CONTRACTOR's operations under the Contract and for which the CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 5.0.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; 5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 46 of 68 5.0.7 claims for bodily injury or property damage arising out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Insurance Generally 5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal law. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Commercial Comprehensive General Liability Insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Personal Injury: $1,000,000; Medical Insurance: $5,000 per person; Property Damage: $500,000 each occurrence; Automobile Liability: $1,000,000 each accident/occurrence. Excess/Umbrella: $1,000,000 per claim 5.1.3 Umbrella Commercial Comprehensive General Liability Insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (t) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.104 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 5.2 SUBCONTRACTS: 5.2 . 1 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1, and 5.3 below unless it would be clearly not applicable. and substituting the word SUBCONTRACTOR for the word CONTRACTOR and substituting the word CONTRACTOR for CITY where applicable. © Thomas F. Pepe, 20\\-20\3. All rights reserved. 711\/13/13 Page 47 of 68 5.3 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: 5.3.1 In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.3.2 In the event that this contract involves the construction of a structure by the CONTRACTOR, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.3.3 All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.4 Miscellaneous: 5.4.1 If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. Notwithstanding any requirement for insurance endorsements concerning notice of cancellation of or material modification to the policy, the CONTRACTOR shall inform the CITY 30 days in advance of any cancellation or material modification to any of the required policies of insurance. 5.4.2 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. 5.4.3 The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. 5.4.4 Before starting the Work, the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The CONTRACTOR may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the CONTRACTOR shall deliver, at the time of delivery of the insurance certificate, the following endorsements: 5.4.4.1 a policy provision or an endorsement with substantially similar provisions as follows: © Thomas F. Pepe, 2011-2013. All rights reserved. 711 1/13113 Page 48 of 68 "The City of South Miami and Miami-Dade County are additional insureds. The insurer shall pay all sums that the City of South Miami and Miami-Dade County become legally obligated to pay as damages because of "bodily injury", "property damage", or "personal and advertising injury" and it will provide to the City and County with all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; 5.4.4.2 a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor. Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials. Equipment. Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of © Thomas F. Pepe, 2011-2013. All rights reserved. 711\113/13 Page 49 of 68 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 the execution of the Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to payor to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. © Thomas F. Pepc, 2011-2013. All rights reserved. 7111113/13 Page 50 of 68 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. 6.12A Discrimination by Subcontractor: No action shall be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph shall be made a part of the subcontractor's contract with the Contractor. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 51 of 68 Discrimination: 6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the reqUirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 52 of 68 CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.32 Indemnification: © Thomas F. Pepe, 2011·2013. All rights reserved. 7111113113 Page 53 of 68 6.32.1 The CONTRACTOR shall, to the greatest extent allowed by law, indemnify, defend, save and hold CITY and the CONSULTANT, if any, their officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs (incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels), which may be suffered by, or accrued against, charged to or recoverable from the CITY and the CONSULTANT, if any, their officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property but only to the extent caused in whole or in part by or arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the CONTRACTOR, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them and for whose acts they are liable and arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the CONTRACTOR's obligations under this AGREEMENT. 6.32.2 This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. 6.32.3 The CONTRACTOR accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the CONTRACTOR or anyone acting through or on behalf of the CONTRACTOR. 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, deSigns or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.35 All of the forgOing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by this document. Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13113 Page 54 of 68 departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 6.37.2 Use Premises: The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13113 Page 55 of 68 ARTICLE 7 -WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5, The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any © Thomas F Pepe, 201 1-2013. All rights reserved. 711 1113/13 Page 56 of 68 portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSU L T ANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, I I, and 12. © Thomas F. Pepe, 2011-2013. All rights reserved. 711 1113/13 Page 57 of 68 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter ofthe Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as prOVided in Article I I or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE I I -CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 58 of 68 11.2 The CITY may, at any time, without written notice to the sureties, by written order deSignated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); I 1.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equipment, materials, services, or site; or I 1.2.4 Acceleration in the performance of the Work. I 1.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. I 1.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section I 1.7 and I I.B. I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: I 1.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: I I.B.I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13113 Page 59 of 68 CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts. rebates and refunds. and all returns from sale of surplus materials and equipment shall accrue to CITY. and CONTRACTOR shall make provisions so that they may be obtained. I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine. with the advice of the CONSULTANT. which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery. except hand tools. and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT. and the costs of transportation. loading. unloading. installation. dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by any governmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities. fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work. not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives. principals (of partnership and sole proprietorships), general managers. engineers, architects. estimators. lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. I 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). I 1.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10.1 A mutually acceptable fi rm fixed price; or if none can be agreed upon. I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in I 1.8. When both additions and credits are involved in anyone change, the net shall be © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 60 of 68 computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION. LlOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 61 of 68 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st day following the date of the event upon which the claim is based. ARTICLE 13 -GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis for the CITY, at the CITY's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -PAYMENTS AND COMPLETION Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and SUitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 62 of 68 flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTNT's approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by © Thomas F. Pepe, 2011-2013. All rights reserved. 7/11/13/13 Page 63 of 68 written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person. in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if. in its opinion. it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work. or completed Work has been damaged requiring correction or replacement. 14.6.2 the Work for which payment is requested cannot be verified. 14.6.3 claims of Liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof. 14.6.4 the Contract Price has been reduced because of modifications. 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work. including failure to clean up as required by paragraphs 6.29 and 6.30. 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.6.8 of liquidated damages payable by the CONTRACTOR. or 14.6.9 of any other violation of. or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY. with the approval of the CONSULTANT. may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work. or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR. including the retained percentages. but except such sums as may be lawfully retained by the CITY. shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of making payments to your organization going forward. the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features. with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval. an electronic remittance advice will be sent via e-mail. or fax. which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims preViously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however. final or otherwise. shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 64 of 68 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines. because of subsequently discovered evidence or the results of subsequent inspection or tests. that: 14. 12. I the Work is defective. or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed. or in the case of Final Completion certification. is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified. 14.12.3 claims or Liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof that. if valid and paid. would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.5 there is Defective Work the value of which. if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may. at any time and without cause. suspend the Work or any portion thereof for a period of not more than one hundred eighty (180) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT. which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors. or if a trustee or receiver is appointed for the CONTRACTOR or for any its property. or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or equipment or he disregards laws. ordinances. rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of the CONSULTANT. or if he otherwise violates any provision of. the Contract Documents. then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools. construction equipment and machinery thereon owned by the CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project. including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance. the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section. it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may. without cause and without prejudice to any other right or remedy, elect to terminate the Contract © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 65 of 68 for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. 15.5 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than one hundred eighty (180) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSU L T ANT 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, if he/she is an independent contractor, may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY and the CONTRACTOR, hereby agree to indemnify and hold harmless the CONSULTANT as to any interpretation, de-certification of a payment application, decertification of Substantial Completion, decertification of the Final Completion, certification of an event of default, or other action taken by the CONSULTANT pursuant to his duties as set forth in the Contract Documents. ARTICLE 16 -MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. © Thomas F. Pepc, 2011-2013. All rights reserved. 7111/13/13 Page 66 of 68 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 -WAIVER OF IURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE IB -ATTORNEYS FEES IURISDICTION / VENUE / GOVERNING LAW lB. I The Contract shall be construed in accordance with and governed by the law of the State of Florida. IB.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County, Florida. IB.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. IB.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROIECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 ACCESS TO PUBLIC RECORDS. CONTRACTOR and all of its subcontractors are required to comply with public records laws (s.1 19.070 I) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. e. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. e. retain all records associated with this Agreement for a period of three (3) years from the date of Termination or as otherwise required by Chapter I 19. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 67 of 68 provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign the performance, duties, obligations and responsibilities required by the Contract without prior written consent of the City. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONTRACTOR's rights. The City may, in its sole discretion, allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. 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 , 20 __ , WITNESSES: AUTHENTICATION: Signature: ______ _:_------ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ___________ _ City Attorney © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 CONTRACTOR: Signature: ___________ _ Name: ______________ _ Title: ______________ _ OWNER: CITY OF SOUTH MIAMI Signature: ---_,__--:_c_-_:_------- Steven Alexander. City Manager Page 68 of 68 ADDENDUM No. #1 Project Name: Dorn Avenue Drainage Improvements RFPNO. PW~2014-03 Date: March 27. 2014 Sent: FaxiE-maillwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. "Scope of Services" is hereby amended and made a part of this RFP. The following sections are amended an added to the Scope of Services: I. Scope of Work: It is the contractor's responsibility to provide access to all bUsinesses at all times. Business signs shall be provided at the entrances to Dorn Avenue on Sunset Drive and SW 73rd Street for all businesses affected by the roadway and drainage improvements along Dorn Avenue to indicate that businesses are open and operational. Pedestrian traffic shall be maintained in such a way that pedestrians can access businesses at all times. II. Site Location: The project limit is Dom Avenue (SW 59 Ave) between Sunset Drive (SW 72 Street) and SW 73 Street. Staging Area: City Lot located at 5890 SW 69 Street. with an entrance on SW 70th Street (between SW 59th Place and 58th Place). Refer to the Scope of Services, dated March 27,2014, copy attached to Addendum No. I, which replaces the Scope of Services included with the RF \" ~ I IT SHAll BE THE SOLE RESPONSIBILITY OF THE BIDDE TP SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPEC'i LI¢ITATION. I:.V,t, l j/ ;,.,Wn i j U" ~ I ~ \ w-~l~ Page I of] ADDENDUM No. #2 Project Name: Dorn Avenue Drainage Improvements RFP NO. Date: March 31. 2014 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: What are the working hours for the project? Answer to Question #J: Construction activity is limited between the hours from 7:00 a.m. to 6:00 p.m., Monday thru Friday. Saturday hours shall be from 9:00 a.m. to 5:00 p.m. No construction activity is permitted on Sunday. Question #2: What type of signs are required to identify the name of the businesses located within the project boundary? Answer to Question #2: Standard FDOT signage is required. There are approximately eight (8) busin within the project boundary. The City will advise the awarded COntractor e of the affected businesses. I , ; I Page 1 of3 \, ADDENDUM No. #3 Project Name: Dorn Avenue Drainage Improvements RFP NO. Date: April 2. 2014 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify. supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question '# I: We have the following question. I. Please clarify, according to the plans the typical section shows proposed 8" lime rock base course completely across the entire roadway and parking spaces. When you read the scope of work, it states: I. The existing bricks are to be removed and relnstalled 2. Trench drains will be removed. 3. New French Drains and valley gutter It is not clear if we are to reconstruct the entire roadway width & parking to provide a new 8" lime rock base. particularly to stabilize under the new valley gutters. then reset the pavers. or simply to restore the lime rock base within the limits of the french drain and valley gutter and stabilize the sub grade under the valley gutter then reset the existing pavers back. A clarification is needed as to the limits of base work required and the 19nit~'}Of the lime 0 rock work. That is to remove and replace. or regrade existing lime rof nd fir hy damaged I . ~l lime rock due to french drain construction. I! , / 10 -~ J)r ! 1, L !J~t:::-~ I" V" \, l;/f}vt yt \" ' " j ~r Page 1 of2