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THE CITY OF PLEASANT LlVINC To: FROM: DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager June 17, 2014 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to enter into a contract with B Square Construction Management Group, LLC, for a contract price not to exceed $83,799.90 for the Sunset Drive Median Project. BACKGROUND: A Request for Proposal (RFP) was publicly advertised to perform the construction of a landscaped median on Sunset Drive between SW 5th Court and SW 58th Avenue. The scope of work for this project includes curbing, new signage, pavement marking and striping, tree planting, sodding, and irrigation, milling and resurfacing. AMOUNT: ACCOUNT: Four (4) interested vendors submitted bids, as shown below: B Square Construction Management Group, LLC JVA Engineering Construction, Inc. ERF Construction Group Inc. Turnkey Construction, Inc. Amount not to exceed $83,799.90 $ 72,869.48 $ 99,000.00 $183,000.00 $198.000.00 The expenditure shall be charged to the People's Transportation Trust Fund account number 124-1730-541-6490 which has a balance of $821 ,675.72 before this request was made. ATTACHMENTS: Resolution Bid Opening Report Proposals 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 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to enter into a contract with B Square Construction Management Group, LLC, for a contract price not to exceed $83,799.90 for the Sunset Drive Median Project. WHEREAS, the Mayor and City Commission wish to provide infrastructure improvements along Sunset Drive / SW 72 Street, between SW 58th Avenue and SW 5ih Court; and WHEREAS, pursuant to a competitive selection process, it was determined that B Sqdare Construction Management Group, LLC submitted a proposal in the amount of $83,799.90 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 $10,930.42 for unknown factors that may arise during the work, for an amount of not to exceed $83,799.90; and WHEREAS, the total expenditure, including the contingency amount, is not to exceed $83,799.90; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with B Square Construction Management Group, LLC for the Sunset Drive Median project for a total amount not to exceed $83,799.90. 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 B Square Construction Management Group, LLC for the Sunset Drive Median project for an amount of $72896.48 and an additional of $10930.42 for unforeseen conditions not to exceed a total amount of $83,799.90. A copy of the contract is attached. Section 2: The expenditure shall be charged to the People's Transportation Plan account number 124-1730-541-6490 which has a balance of $821,675.72, 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 Pids were opened on: Friday, June 13,2014 after: lO:OOam FOI":Kfft<IB #J>W 2014-04 -SUNSET DRIVE DOWNTOWN MEDIAN COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 1. ERF CONSTRUCTION GROUP INC. ~ I (? 3 # ff /J, t:!-l:J 2. JVA ENGINEERING CONTRAC_TO!3:!l!'i~~_ 99 I J tJJ& ~ __ 3._TURNKEY CONSTRU CTlON, ING.:... ___ ._________________. _________ -I.-q2;-tJ-'J {J, ~ ____ .1: ___ I? __ ~_q~~I3:§ __ gS~:ti_~I~!J~_T.I0_~_ MANAGEMENT GROUP, LLC ~; 26 9, ~ ---------------_ .. --------_ ........ _ ........ ------_._-------------------~ -------_ .. _ .... --•.... _--_ ...... _ .. __ ._----_._------------_._-------_ .. _-_. __ . __ ............. _ .. _. 1-------------------.----.. -·-----·-···- --_._---. __ .... _----------------------------------._-_ ... --.. __ ..... ---._ ... --_._ .. _._._------.... _._------\ ---.-.-.... ----.---... -----.-.-.-----....... --.----...... -........................ -... -.-...... -------------------.- 1-------------_ .. -.................... -...... -... -----.. --... --.-.------------------1 .............. _-----_ .. _-_._ .. _------------------_._-_._-------_._---_. -------------------------.--------.---.. -........... _ •......... _ ...... _._---_ .................... -... ----- -......... -.-... ... __ .--.. --_.-..... _------------------------------_ .. --.... -.... ---...... -.. ---.. ------................................ -.... .. .. ....... __ .. _----------------_.--- ---_._. __ ._ .. _ ... _._._._ .. _-_. __ ._ .. __ .. __ ......... __ ...................... _--.-_._-------------------- .............. . ... _-.. __ ............ -_ .... _------_._---------_._- THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HA VE BEEN COMPLETELY REVIEWED. Print Name Signature RFP 2014-04 Sunset Drive Downtown Median NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Bid. Package Public Entity (1 Org. 4-(1) Perf. Bidder References Non Coli. Crimes and Drug free OSHA Stds List of Related (1) Proof Bidder Bid Price Bid Form Sun Biz Copies; 1 Bond Qualifi. Affidavit Conflicts of Workplace Sub's Party of Ins • Digital) Interest B-Square $72,869 X X X X X X X X X X X X X JVA Engineering $99,000 X X / X X X X X X X X X X X ERF Construction $183,000 X X X X X X X X X X X X X Turnkey Construction $198,000 X X X X X X X X X N/A X X X ,--- (1) Condition of Award Detail by Entity Name Page 1 of3 ~ .... \ ".""?'" ~,-' ~ FLORIDA DEPARTMENT OF STATE rftt s . " ~~~£w.o ' ~ *' ,,~;, ~,/:~ D I\,[ S I 0 \ 0 F COR P 0 IL\lJ () \ S ,,~~ '" ;., <'?'tt. ",: 'f ~~~';1iti, ~\J ( ;;NrJ ~ ,-'" ~" !f;:}" "': .. , ~/ .~ ~v~ .. ~~ f;~~t~~#~~ ~ .---/'---v"p 0> fli {,,' ~i::<;f ~%';l • ~<!~~. J( ~~~: ~~0<: ~~; / ~ Detail by Entity Name , Florida Limited Liabilitv Company B SQUARE CONSTRUCTION MANAGEMENT GROUP, LLC Filina Information Document Number L13000024906 FEIIEIN Number 462079874 Date Filed 02/18/2013 State' FL . Status ACTIVE Effective Date 02/18/2013 last Event LC AMENDMENT Event Date Filed 03/01/2013 Event Effective Date NONE Princioal Address 3100 NW 17 ST MIAMI, FL 33125 Mailina Address 3100 NW 17 ST MIAMI, FL 33125 Reaistered Aaent Name & Address MARTINEZ, GABRIEL 3100 NW 17 ST MIAMI, FL 33125 Authorized Person(s) Detail Name & Address Title MGR MARTINEZ, GABRIEL 3100 NW 17 ST MIAMI, FL 33125 tritle MGR MARTINEZ, ANDRES D 3100 NW 17 ST MIAMI, FL 33125 http://search.sunbiz.orglInquiry /CorporationSearch/SearchResultDetaillEnti... 6/1312014 Detail by Entity Name ~nnual Reoorts J. Report Year . --2014 Filed Date 01~28/2014 Document Imaaes 01/28/2014 -ANNUAL REPORT ~w image in PDF format 03/01/2013 --LC Amendment I View image in PDF format 02/18/2013 --Florida Limited Liability [ View image in PDF format Copyright © and Privacy Policies State of Florida, Deoartment of State Page 2 of3 \ h~tp:/ /search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetailIEnti... 6/13/2014 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L 13000024906 FILED Entity Name: B SQUARE CONSTRUCTION MANAGEMENT GROUP, LLC Current Principal Place of Business: Jan 28, 2014 Secretary of State CC4123264255 3100 NW 17 ST MIAMI, FL 33125 Current Mailing Address: 3100 NW 17 ST MIAMI, FL 33125 FEI Number: 46·2079874 Name and Address of Current Registered-Agent: MARTINEZ, GABRIEL 3100 NW 17 ST MIAMI, FL 33125 US Certificate of Status Desired: No The above named entity submits this slatement for the purpose of changing ils registered office or registered agenl, or both, in the Stale of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail: Title Name Address MGR MARTINEZ, GABRIEL 3100 NW 17 ST City-State-Zip: MIAMI FL 33125 Title Name Address MGR MARTINEZ, ANDRES D 3100 NW 17 ST City-State-Zip: MIAMI FL 33125 Date I hereby certify (hat the information indic.1ied an this roport or supplamental report is true a.nd aCGurate ana that my electronic signature shall have the same legal effect as if made under oath; that / am a managing member or manager of the limited JiabiHty company or the receiv~r or trustee Bmpowered 10 aXBcule this report as required by Chapter 605, Florida Statutes; and that my name app8ars abov9, or on an attachment with all other like empowsfed. SIGNATURE: GABRIEL MARTINEZ MANAGER 01/28/2014 Electronic Signature of Signing Authorized Person(s) Detail Date -\. ~ Detail by Entity Name t Detail by Entity Name Florida Profit Corooration ERF CONSTRUCTION GROUP, INC. Filing Information Document Number FEIIEIN Number Date Filed State Status Effective Date Principal Address 3216 GIFFORD LN MIAMI, FL 33133 Changeti: 02/26/2014 Mailing Address PO SOX 9440 00966, PR 00960 P13000050032 NONE 06/10/2013 FL ACTIVE 08/01/2013 Reaistered Agent Name & Address FAGUNDO, RICARDO 1717 BAY SHORE DRIVE APARTMENT 2741 MIAMI, FL 33132 Officer/Director Detail Name & Address Title PVD FAGUNDO, RICARDO 1717 BAY SHORE DRIVE APARTMENT 2741 MIAMI, FL 33132 ITitle ST FAGUNDO, EMILIO 1717 SA YSHORE DRIVE MIAMI, FL 33132 Title D Page lof3 http;/lsearch.sunbiz.orgllnquiry/CorporationSearchiSearchResuItDetaillEnti... 6/13/2014 Electronic Articles of Incorporation For ERF CONSTRUCTION GROUP, INC. P13000050032 FILED June 1 O~2013 Sec. Of ~tate psmith the undersigned incorporator, for the purpose of fonning a Florida profit corporation, hereby adopts the following Articles ofhlcorporation: "Article I The name of the corporation is: ERF CONSTRUCTION GROUP, INC. Article II the principal place of business address: 1717 BAY SHORE DRIVE APARTMENT 2741 MIAMI, FL. US 33132 The mailing address of the corporation is: i PO BOX 9440 00966, PR. US 00960 Article III the purpose for which this corporation is organized is: GENERALCONT~~CTOR Article IV The number of shares the corporation is authorized to issue is: 2000 Article V The name and Florida street address of the registered agent is: RICARDO FAGUNDO 1717 BAY SHORE DRIVE APARTMENT 2741 MIAMI, FL. 33132 ~ certify that I am familiar with and accept the responsibilities of registered agent. ~egistered Agent Signature: RICARDO F AGUNDO Detail by Entity N arne FAGUNDO, EMILIO 1717BAYSHORE DRIVE MIAMI, FL 33132 No Annual Reports Filed Document .ma es 06/10/2013 --Domestic Profit t-View image in PDFfor"mat] ," Copy,-ight @ and Privacy Policies State of Florida, Department of State Page 2 of3 \ http:// search. sunbiz. org/lnquiry ICorporationSearch/S earchResultDetail/Enti... 6/13/2014 Article VI The name and address of the incorporator is: RICARDO FAGUNDO 1717 BAY SHORE DRIVE MIAMI FL, 33132 t£lectronic Signature of Incorporator: RICARDO FAGUNDO ~iP~80050032 June 10~2013 Sec. Of ~tate psmith I am the incorporator submitting these Articles of Incorporation and affinn that the facts stated herein are true. I am aware that false infonnation submitted in a document to the Department of State constitutes a mird degree felony as provided fo~ in 5.817.155, F.S. I understand the require~ent to file.an annual report between January 1st and May 1st m the calendar year followmg fonnation of this corporation and every year thereafter to maintain "active" status. Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: PVD RICARDO FAGUNDO 1717 BAY SHORE DRIVE APARTMENT 2741 MIAMI, FL. 33132 US Title: ST EMILIO F AGUNDO 1717 BAY SHORE DRIVE MIAMI, FL. 33132 US 'Title: D EMILIO F AGUNDO 1717BA YSHORE DRIVE MIAMI, FL. 3313 2 US Article VIII The effective date for this corporation shall be: 08/0112013 Detail by Entity Name Detail by Entity Name Florida Profit Cor oration VA ENGINEERING CONTRACTOR INC Finn Information Document Number FEI/EIN Number Date Filed State tatus Last Event Event Date Filed Event Effective Date Princi al Address 600 NW 32 AVE. MIAMI, FL 33147 Changed: 04/07/2009 Mailin Address 600 NW 32 AVE. MIAMI, FL 33147 P02000104069 481277685 09/26/2002 FL ACTIVE NAME CHANGE AMENDMENT . 10/15/2004 NONE ddress Changed: 03/25/2011 Officer/Director Detail ~ VAREZ, JOSE M 11830 SW 51 ST MIAMI, FL 33175 Page 1 of3 I http://search.sunbiz. org/lnquiry/CorporationSearch/SearchResultDetailJEnti... 6/13/2014 Detail by Entity N arne Report Year Filed Date 2012 01/26/2012 2013 04/18/2013 2014 03/25/2014 Document Imaaes 03/25/2014 --ANNUAL REPORT 04/18/2013 --ANNUAL REPORT 01/26/2012 --ANNUAL REPORT 03/25/2011 --ANNUAL REPORT 01/14/2010 --ANNUAL REPORT 01/08/2009 --ANNUAL REPORT 01/14/2008 --ANNUAL REPORT 04/04/2007 --ANNUAL REPORT 03/24/2006 --ANNUAL REPORT 04/18/2005 --ANNUAL REPORT 10/15/2004 --Name Change 04/27/2004 --ANNUAL REPORT 06/02/2003 --ANNUAL REPORT 09/26/2002 --Domestic Profit I I [ I I I I I I I I I I I View image in PDF format View image in PDF format View image in PDF format-, View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format COPV!"!ghl © and Privacy Policies State of Florida, Department of State Page 2 of3 http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetail/Enti... 6/13/2014 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P020001 04069 Entity Name: JVA ENGINEERING CONTRACTOR INC Current Principal Place of Business: 6600 NW 32 AVE. MIAMI. FL 33147 Current Mailing Address: 6600 NW 32 AVE. MIAMI, FL 33147 US FEI Number: 48·1277685 Name and Address of Current Registered Agent: ALVAREZ, JOSE M 11830 SW 51 ST MIAMI., FL 33175 US FILED Mar 25, 2014 Secretary of State CC8229280114 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent. or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title Name Address D ALVAREZ, JOSE M 11830 SW 51 ST City-State-Zip: MIAMI FL 33175 Date I hereby cerMy that the information indicated on this report or supplemental mport is true and aocurate and that my electronic Signature shaH have fh9 same legar effect 8S jf made under oath; tflat I am an officer or directoro( the corporation or file receiver or trusfee empowered [0 execute this report as required by Chapter 607, Florida Stalutes; and that my nama appears above, or on an attachment with aft ofharlike empowered. SIGNATURE: JOSE ALVAREZ PRESIDENT 03/25/2014 Electronic Signature of Signing Officer/Director Detail Date Detail by Entity Name Detail by Entity Name Florida Profit Cor oration URN KEY CONSTRUCTION, INC: FlUn Information Document Number P97000037399 FEIIEIN Number 650763898 Date Filed 04/25/1997 State FL tatus ACTIVE Last Event AMENDMENT Event Date Filed 08/10/2005 Event Effective Date NONE 330 MANOR LANE, SUITE 201 MIAMI, FL 33143 SARDINA, GUSTAVO 3162 COMMODORE PLAZA SUITE 3E MIAMI, FL 33133 Name Changed: 12/0212011 ddress Changed: 11/21/2013 Officer/Director Detail itle Director, Secretary RENUART,JEANPAUL 330 MANOR LANE, SUITE 201 MIAMI, FL 33176 EPPER, RAYMOND 330 MANOR LANE, SUITE 201 MIAMI, FL 33176 rts Page 1 of3 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaiIlEnti... 6/13/2014 Detail by Entity Name Report Year Filed Date 2012 04/30/2012 2013 04/23/2013 2014 04/07/2014 Document Imaaes 04/07/2014 --ANNUAL REPORT 11/21/2013 --Reg. Agent Change 04/23/2013 --ANNUAL REPORT 04/30/2012 --ANNUAL REPORT 12/02/2011 --Reg. Agent Change 03/28/2011 --ANNUAL REPORT 04/28/2010 --ANNUAL REPORT 02/06/2009 --ANNUAL REPORT 03/14/2008 --Reg. Agent Change 01/2212008 --ANNUAL REPORT 05/02/2007 -ANNUAL REPORT 04/21/2006 --ANNUAL REPORT 08/10/2005 --Amendment 01/06/2005 -ANNUAL REPORT 0210412004 --ANNUAL REPORT 02/03/2003 --ANNUAL BEPORT 02119/2002 --ANNUAL REPORT 08/08/2001 ANNUAL REPORT 02/29/2000 -ANNUAL REPORT 0211811999 -ANNUAL REPORT 04/07/1998 -ANNUAL REPORT 04/25/1997 --Domestic Profit Articles '---'-'·'-1 View image in PDF format View image in PDF format I View image in PDF format I [ View image in PDF format I I View image in PDF format] [ view image in PDF format I I View image in PDF format J I View image in PDF format J I View image in PDF format I I View image in PDF formacJ [ View image in PDF format I I View image in PDF format I I View image in PDF format I [ View image in PDF format I I View image in PDF format I ! View image in PDF format J I View image in PDF format J [ View image in PDF format -, [ View image in PDF format J I View image in PDF format I I View image in PDF format I , View image in PDF format I Copyrlql1t © dnd Privacy Policies State of Florida, Department of State Page 2 of3 http:// search. sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaillEnti... 6/13/2014 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT \ DOCUMENT# P97000037399 Entity Name: TURNKEY CONSTRUCTION, INC. Current Principal Place of Business: 6330 MANOR LANE, SUITE 201 MIAMI" FL 33143 Current Mailing Address: 6330: MANOR LANE, SUITE 201 MIAMI, FL 33143 US FEI Number: 65-0763898 Nam~ and Address of Current Registered Agent: SARDINA, GUSTAVO 3162 COMMODORE PLAZA SUIT~ 3E MIAMl, FL 33133 US FILED Apr 07, 2014 Secretary of State CC8140252723 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Offic~r/Director Detail : Title Name' Address DIRECTOR, SECRETARY RENUART,JEANPAUL 6330 MANOR LANE, SUITE 201 City-State-Zip: MIAMI FL 33176 Title Name Address PRESIDENT, TREASURER TEPPER, RAYMOND 6330 MANOR LANE, SUITE 201 City-State-Zip: MIAMI Fl 33176 Date I herebYicenify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath,' that f am an officer or director of the corporation or the receiver or trustee empowered to 8xecute this report as required by Chapter 607, Florida Statutes; and that my name appears above, A.' on an attachment with all other like empow9red, SIGNATURE: JEANPAUL RENUART OS 04/07/2014 Electronic Signature of Signing Officer/Director Detail Date ~ South'Miami CITY OF SOUTH MIAMI Sunset Drive Downtown Median From SW 57 th Court to SW 58th Avenue Proposal Due Date: I I AM, June 13, 2014 RFP #PW·20 14-04 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 Pr'oposals" 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 her'cby requesting seal cd proposals in response to this RFP # PW-20 14-04 titled "Sunset Drive Downtown Median". The site is located along Sunset Drive between SW 57th Avenue and SW 58th Avenue. South Miami, FL 3314.3, The purpose of this RFP is to contr'act 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 ehe 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) onginal unbound proposal. four (4) additional copies and one (I) digital (or comparable medium including flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143, The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or wmten on the exterior of the envelope or container In which the sealed proposal is delivered: the title of this RFP. as follows "Sunset Dl"ive Downtown Median" RFP # PW·20 14-04 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 Pmposals must be received by Office of the City Clerk. either by mail or hand delivery. no later than II :00 A.M. local time on June 13, 2014. A public opening will take place at I I AM. on the same date in the City CommiSSion Chambers located at City Hall. 6130 Sunset Drive, South Miami 33143. Any Proposal received after I I AM. local time on said date will not be accepted under any circumstances, Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and 111 favor of the Cler'k's I'eeeipt stamp, A Non-Mandatol"Y Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143 on June 6'" 2014 at I 1 :00 AM. Proposals are sublect to the terms. conditions and pl"ovislOns of this letter as well as to those proviSions, terms, conditions, affidavits and documents contaln0d in tl1l5 RFP Package. The Cty reserves the right to award the PI"oject to the person With the lowest. most responsive, responsible Proposal, as determmed by the City, subject to the nght of the City. or the City CommiSSion. to relect any and all proposals. and (he right of the City to waive <lny wl'egularity In the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute a contl'act With a Respondent or Respondents, other than to one who provided the lowest Proposal Price. rl;U!l)j\ 1: !"\;pc. ,2()! 1 ) \ ~'! ! i Maria M. Menendez. CMC City Clerk Page I of 72 · .. ---.. -.-~--· .. ··-· .. ··-.. ·-·---.. --~----T .. --.. -·1· .. , .... ,,·-· .. , .... ····· .. --.. · .. 1 I * I Time* I No. I Event I Date I (EST) I ·"--T .......... -.... _ .. -.-.-. -. -:--:---.... -........ -.. -........ -........ --... j .......... -.--.. --.-..... ----r·· .. ····,· .. ·· .. ,··-.. ----j I i~dvertlsementl Distribution of RFP & Cone of ! 6/212014 I 4:00 PM I isilence begms I I , ... , ........ _ .. _+_._----_ ..... _-----_ ....... __ ._--_ ............................... , .. -.-j---.... -.. -.... -, .......... -.................. . I ',Non-Mandatory Pre-Proposal Conference \ I I 2 tCity of South Miami, City Hall Chambers. I 6/6/20 14 ~ I I ;00 AM ! 16130 Sunset Drive, South Miami, FL 33143 i ........ · ...... -.. · .. I----------.. ~------.. ·-l----· ........ -.. · .. ·--·-· ....... --........ -... -.. 3 IDeadline to Submit Questions i 6/ I 1/2014 I I I :00 AM .. --+--.... -.. --....................... -............ -....... -.. ----'-----... -.. .., .... _-_·-1--_ .. --1 4 IDeadline to City Responses to Questions 6/12/2014 I I I :00 AM .. -.-.. -t.--.. --......... ----.-.... ------.. ---.. -.. --.. ...-.. -......... -............ +-......... -....... ---.. -.--1 . I 5 IDeadline to Submit Bid-Response I 6/13/2014 r I .. --'-----.. -..... · .. --· ....... -,·· .... ---.. -· .. 1'--------+ ........ ------.. -1 i 6 IEvaluation of Bid Responses II 6116/2014 I I 1 .. · .. · .. · ....... · .. +-··· .... ·· .. · .. ···· .... · .... ·· ... -............................... -...... --........... -............................ , ........ -........... ·-.. ·_ .. --.... ·_· .. --r---· .... · .... __ .... ·· ......... ·-... · .... · ........ ·· I 7 IAgenda for C()mmiSSi()~ Approval of . I 6/17/2014 1 .... _ ..... Js:~_ntractors/Cone of Silence ends J.............. 7:00 10:00 AM 11:00 AM END OF SECTION Page 2 of 72 \ ll)i}rn .. j~ 1 !'cP( .:u l·~ I 2;"; \ i SCOPE OF SERVICES I. Scope of Work: The Project is generally described as construction of a landscaped median, The scope of work for this project includes milling and resurfacing, curbing. new signage, pavement marklllg and striping. tree planting. sodding, and wngation, II. Site Location: The site is located along Sunset Drive between SW 57th Avenue and SW 58th Avenue III. Plans and Specifications Sunset Drive Median Improvements, prepared by Palm Engineering, Inc, Dated May 7, 2012, IV. Project Duration The current estimate to complete construction of the project is 30 days from issuance of Notice to Proceed. SPECIAL CONDITION: Due to traffic congestion in the area as well as the businesses being affected by the improvements to the road. City staff recommends that work is to be performed during the night hours from I I PM to 5 AM of the follOWing day. The night work shall continue until such time in the construction process that the contractor and the City agree that the work will not interfere with the flow of traffiC or the businesses in the area. The contractor shall provide a quote considering the night work as well as reopening the streets in the morning to allow normal traffic flows. V. Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer, Native trees planted by the awarded vendor for thiS project shall be warranted to be healthy and growing for a period of one (I) year from the date of planting. Note: A Proposal Bond isN9T required for this project. END OF SECTION Page 3 of 72 I r!hHll:,-., /,' ,\J(TW :?Ul.l 1 .;1": !·1 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive pt'ice for Sunset Drive Downtown Median, The Cicy reserves the right to award the contract to the Respondent whose proposal is found w be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFP will be considered frorn firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization. offices. equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right. before recommending any award. to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions, The City of South Miami will determine whether the evidence of ability to perform is satisfactory and I'eserves the right to reject all response submittals to this RFP where evidence submitted. or Investigation and evaluation. tndicaces tnability of a firm to perform. 3. Deviations from Specifications, The awarded firm shall cleady indicate. as applicable. all areas in which the services proposed do not fully comply with the requirements of chIS RFP, The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone. email. or in person. and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm. by virtue of submitting a response. agrees that City's General Provisions. Terms and Conditions herein will take pl'ecedence over any terms and conditions submitted with the t"esponse, either appeanng separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply. unless otherWise specified in the Contract or General Conditions to the Contract. and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) Addenda to RFP b) Attachments/Exhibits to RFP c) RFP d) Attachments/Exhibits to Special or supplemental), conditions to Contract e) Special or supplementary conditions to Contract D AttachmentlExhibits to Contract g) Contract h) General Conditions to Contract i) Pl'Oposal 6, Response Withdrawal After PI'oposals al'e opened. corTections Of' modifications to Proposals al'e not permitted. but the proposing fit'm may be permitted to withdraw an erroneous Proposal prior to the confit'mation of the proposal award by City Commission. if the following is established: a) The pl'Oposing fim, acted in good faith in submiuing the response: b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours of opening the response submittals received, along with a request for permission co withdraw the response; or d) The finn submits documentation and an explanation of how the I'esponse submittal error was made 7. The temlS. proviSions. conditions and definitions contained in the Solicitation cover letter shall apply to these Il1Scnletlons to Respondents and they are hereby adopted and made a pat"t hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing. by I I ;00 A.M., june II, 2014 pI'jor co [1'1" date of the RFP opening to the attention of Steven P. Kulici< at ;!.!i.l.llic!i.@~QLJ,thr.:nJ!lJD.lfLgQ\f or via facsimile at (305) 663-6346. (' ["{wlllas 1 P~pc 20 I ~ • 20 :'.01,1 Page 4 of 72 9, The issuance of a written addendum is the only official method whereby interpretation and/or clarification of infonnarion can be given, Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP") by U,S, mail or other delivery method convenient to the City and the City will notify all prospective firms via the City'S website, 10, Verbal Interpretations or clarifications shall be without I (!ga I effect. No plea by a Respondent of Ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice, I I Cone of Silence: You are hereby adVised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos, 98106 and 99-1, Fmrn the time of advertising until the City Manager issues his r'ecommendation, there is a pr-ohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence, The COI.e of Silence does not apply to verbal communications at pre-proposal conferences, verbal pl-esentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City CommiSSion during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the corltl-act, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically pmhibited, A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12, Violation of these pr'ovisions by any particuiar Respondent or proposer shall render any recommendation for the awar'd of the contraCt or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be conSidered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made thl"ough regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13 Lobbying, All finns and their agents who intend to subrnit, 01" who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning chis RFP, Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled thmugh the Purchasing Division, which an" for the purposes of obtaining additional or clarifying information, 14. Reservation of Right. The City anticipates awarding one contract for' services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Prolect The City, however, reServeS the right, III its sole discretion, to do any of the follOWing: a) to reject any and all submitted Responses and to further define or limit the scope of the award, b) to waive minor' irregularities in the responses or In the procedure required by the RFP documents, c) to request additional information from firms as deemed necessary, d) to make an award Without discussiOn or after limited negotiations, It IS, therefore, rmportant that all the pans of the Request for Proposal be completed in all respects, e) to negotiate modifications to the Proposal that it deems ,\cceptable, f) to terminate negotiations in the event the City deems progr'ess towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City I"esel"ves the right to proceed In this manner until it has negotiated a contract that IS satisfactory to the City g) To modify t.he Contract Documents, The terms of the Contract Documents are general and not necessarily specific lQ elie SuliciLation, It is LI,er'efore anticipated that the City may modify ctlese documents to fit the specific proJect or work in question and the Respondent, by making a Proposal. agr"ees to such modifications and to be bound by such modified documents, 11) to cancel, III whole or part, any inVitation for Proposals when It is In the best Interest of the City. 15. Contingent Fees Prohibited. The proposing finn must warrant that it has not employed or retained a company 01' person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company. corporation, individual or finn other than a bona fide employee. contractol' or sub-consultant, working In It'S employ, any fee, commission, percentage, gift or other' consideration comingent upon or I'esulting from the awar'd or making of a contract with the City, Page 5 of n ! ilom,l~ l !\:pl: ~IJ 1 ~ ~ ,'X ] .~ 16, Public Entity Crimes, A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or sel'vices, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR. Sub-contractor, supplier, Sub"consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list, 17 Respondents shall use the P,'oposal FOI'm(s) furnished by the City, Failure to do so may cause the Proposal to be releCted, Failur'e to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the followmg documents: a) The Invitation for Proposal and InSu'uctions to Respondents, b) A copy of all is,ued addenda, c) Four (4) copies of the completed Proposal Form fully executed, d) Proposal Bond. (Bond or cashier's check) attached to the Proposal Form, e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent /) Certificate of Insurance and/or Letter of Insurability, g) The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondent's name and titled as follows: "SEALED PROPOSAL, "Sunset Drive Downtown Median", RFP #PW-2014-04. IS, All erasures and corrections must have the initials of the Respondent'S authorized representat.ive in ink at the location of each and every erasure and cOl-rection, Proposals shall be signed using Blue ink; all quotations shall be typewritten or printed with ink, All spaces shall be filled in with the requested information or the phrase "not applicable" 19, Goods: If goods are to be provided pursuant to this RFP the follOWing applies: a) Brand Names: If a brand name, make, manufacturer's trade name. 01" vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "appr'oved equal", it is for the pw"pose of establishff1g a grade 01' quality of material only, Respondent may offer goods that at'e equal to the goods described in this Solicitation with approp'"iate identification, samples and/or specifications for such item(s), The City shall be the sole judge concen1ing the merits of items proposed as equals b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form, In case of a discrepancy, the City rese,'ves the right to make the final determination at the lowest net cost, to the City. c) Mistake; In the event that unit prices are part of the Proposal and if there is a disCf'epancy between the unIt p,'ice(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusced to coinCide, Respondents are responsible for cllecking their calculations, Failure to do so shall be at the Respondent'S risk. and en'ors shall not r'elease the Respondent from his/her or ,tS responsibility as noted herein, d) Samples: Samples of items. when required. must be furnished by the Respondent free of charge to the City, Each individual sample must be labeled With the Respondent's flame and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a diffe,'eN time If samples are requested subsequent to the P,'oposal opening. they shall be delivered withm ten (10) calend,u' days of the request. The City shall not be responsible for the return of sarnples, e) Respondent warrants by signaWI"e on the PI-opo,ai F0l'f11 that p'-ices quoted here are in conformity with the latest Fedel'al Price Guidelines, /) Govemrnental Restrictions: in the event any governmental restrictions rn,ly be imposed which would necessitate alteration of the material quality, workmanship, or perforrnance of the Items offered on thIS Proposal prior to their delivery. it shall be the responsibility of the successful Respondent to notify the City at once, Indicating in Its letter the specific regulation which required an alteration. The City of Somh Miami reserves the right to accept any such alterZltion, including any price adjustments occ;asloned ther"eby, or to cancel all or an,' portion of the Contract. at the sole discretion of the City and at no further expense to the City with thif'ty (30) days advanced notice Page 6 of 72 ( 1 !hHHJ:-)' Pt'\~j.:< ~li\.1 ,+ ,:x l·t 20. 21. 22. 23. 24. 25. 26. 2"1 I. g) Respondem wan'ants that the prices. terms and conditions quoted in the Proposal shall be firm for a period of 180 calendar days f,'om the date of the Proposal opening unless otherwise stated in the PI'oposal Form. Incomplete. unresponsive, irresponsible, vague. or ambiguous responses to the Invitations for Proposals shall be caus(~ for rejection, as determined by the City. h) Safety Standards: The Respondent wart'ants that the product(s} to be supplied to the City conform In all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.SD.S) when applicable. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as reqUired by law The Respondent shall be liable for any damages or loss (0 the City occasioned by the negligence of the Respondent (or its agent 01' employees) or any person acting for or through the Respondent. Re~pondellt~ shall furllbh a certified copy of all licenses, Ceni(icates of Competency or othel' licensing t'equit'emem necess31'y to practice their profession and applicable to thc work to be pedonned as required by Florida Statutes, the Florida BUilding Code, Miami,Dade Coumy Code or City of South Miami Code These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. Insurance: Respondent shall meet the Indemnification and Insurance Requiremems set forth in the General Conditions to the Comract which is attached to this RFP Package. a) Failure to fully and satisfactOrily comply With the City's insurance and bonding r'equirements set forth herein shall authorize the City to implement a t'escission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal. thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virwe of such reSCISSion. Copyrights andlor Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ol'dered by the Respondent pursuant to thIS Proposal, there has not been, nor will there be, any infringement of copyrights 01' patent rights, The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. Award of Proposals: The City of South Miami reser'ves the right to award the contract to the lowest, most responsive, responsible Respondent, as determll1ed by the City Commission, subject to the right of the City to relect any and all proposals, to waive any irregularity in the proposals or RFP procedure Jnd subject also to the right of the City to aW31'd contract to a Respondent other than the one with the lowest. p"ice fot' the work. The Respondent to this RFP agrees that by submitting a I"esponse or a proposal, that said Respondent agrees to the terms of the form contract and to the cCI'ms of the general conditions to the contract, both of which are part of this RFP package and agrees that Respondent's Signature on the response to thiS RFP shall be treated as the Respondent's signature on the contract after the appropriate information, obtained from the proposal, is IIlserted into any blank spaces in the contract documents, Evaluation of Proposals: The City, at Its sole discretion, reserves the right to Inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial poSition, exper'ience, staffing, equipment, materials, I"eferences, and past history of service to the City andlor with other units of state, andlor local governments in Flol'ida, 01' comparable private entities, will be taken into consideration in the Award of the Contract. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for n;;jection of the Proposal as detcrI11ined by the City. Public Entity Crimes: A pCI"son or affiliatc who was placed on the Convicted Vendors list following a conviction for a public entity crime may not submit a I'esponse on a contract to provide any services to a public entity. may not submit RFP on leases of real property to a publIC entity, and may not transact business With any public entity In excess of the threshold amount provided In Section 287.017. fOI' a period of 36 months from the date of being placed on the Convicted Vendors List. Conungenr. Fees Prohibited: The proposing finn must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor. working in Its employ, to solicil: 01' secure a contract with the City, and that it has not paid or agl'ccd to pay any per' son, company, corporation, individual or fir'f11 other than a bona fide employee. COntractor or sub-consultant, wor'king in Its Page 7 of 72 !'hnma:-.. j. Pl'fh' ~!ll ,I I ~~ x I I employ, any fee, commission, percentage, gift 01" other consideration contingent upon or resulting from the awal'd or making of a contract with the City. 28. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any b;,lance shall be p;,jd by the Respondent. 29. Cancellation: Failure Oil t.he part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City. shall be just cause for cancellation of the Award or termination of the contract. 30. Bonding Requirements: The Respondent, III submitting this Proposal. shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 3 I. Performance and Payment Bond: The City of South Miami may requirc the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami as the obligee, as security for the faithful pedormance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of FlOrida. 32. forfeitu re of Bid Security/Ped()l'JJl;!flJ;.~Jl.1l<LE.(jYm~Dl~.QJ15UL<l!ly~;}re H_Q1!iIt:!d; 32.1 Within ten (10) calendar days of being notified of the Award, Respondent shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 32.1 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, laborel"s, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 32.1.4, 32.15, and 32.1.6. 32.1.2 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. 32.1.3 Pursuant to the requirements of Section 25S.05( I), Florida Statutes, Respondent shall ensure that the Bond(s) "eferenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 32.1.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agcnt in the State of Florida and having been in business with a record of successful continuous operation for a least nve (5) years. 32. I .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. 32 1.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII Of" better. 32.1.7 Failure of the successful Bidder/Respondent to execute and deliver the Contract, and deliver the reqUired bonds and Insurance documents shall be cause for ehe CITY (0 annul the Notice of Award and declare the Bid and any security therefore forfeited. 31 Proposai Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide the applicable insurance documents, and a Performance and Payment Bond, if reqUired, within ten (10) calendar days of Notice of Award by the City The Respondent who has the Contract awarded to him and who fails to execute the Contract and/or fUl"flish the required Bonds and I.nsurance documencs within the specified time shall. at the City's sole and absolute discretion, forfeit the Proposal Bond/Secw"ity that accompanied the (' rhO!11dS F h:pt:, "~f)l'f ~ 2X ~() lot Page 8 of 72 Proposal. and the Proposal Bond/Security shall be paid to the City and retained as liquidated damages by the City. and it is agreed that this sum. if the bond is required and provided. is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or fum ish the Bonds and insurance documents, Proposal Bond/Security deposited In the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. The City may. in its sole and absolute discretion. we for breach of contract if the successful Respondent fails to provide the required insurance and bonding. 34. Pre-proposal Conference Site Visits: It is mandatory that all Respondents attend a pre-proposal conference if required or requested by the City. and tour all areas referenced in the Proposal Documents, It shall be grounds fOI' rejecting a Pl"Oposal from a Respondent who did not attend the pre'proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may het'einaftet-exist, as a result of fail u nJ: to make the necessary examinations 01" investigations. Ot' failur'e to complete any part of the RFP Package. will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent, 35, Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents. including the Proposal Form. 36_ Submittal Requirements: All Proposals shall comply with the requirements set forth herein, 37. Cancellation of Bid Solicitation: The City of South Miami reserves the ,-ight to cancel. in whole or part. any inVitation to bid when it is in the best interest of the City, 38. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract. if one is awarded. based on race. color. religion. national origin. sex, age. sexual orientation. disability, or familial status, 39 All respondents. at the time of bid opening. must have fulfilled all prior obligations and commitments to the City in order to have their bid considered. including all financial obligations, Prior to the acceptance of any bid proposal or quotation. the City's Finance Department shall certify that thel"e are no outstanding fines. monies. fees. taxes. liens or other charges owed to the City by the Respondent, :J.ny of the Respondent's principal. partners, members or stockholders (collectively refe'Tcd to as "Respondent Debtors"), A bid. proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is In default of any p,-ior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager, END OF SECTION Page 9 of 72 j' ! hornas!' Pl'jlc. :l.Il,~ ~ 2 H I ~ Proposal Submittal Checklist Form This checklist indicates the fOt'ms 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: Complete Bid Form ;/ Proposal Bid Bond N/A Performance Bond Power of Attomey BIDDER Qualification Statement Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Dr'ug Free Workplace Acknowledgement of Conformance with OSHA Standards List of Proposed Subcontractors and Principal Suppliers Related Party Transaction Verification Form Indemnification and Insurance Documents Note: A Proposal Bid Bond is NOT required for the project. Submit this checklist along with your proposal indicnting the completion and submission of each required forms and/or documents. (' ! ))Olll,t:. f· 1\'\,\;. ;;Ui·{. t ~~ Xi,,, END OF SECTION Page 10 of 72 THIS PROPOSAL IS SUBMITTED TO: SteVEm Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 BID FORM I, If this PI'oposal IS accepted the undel'signed Respondent ag,-ees that by Signing thiS Bid Fonn, the Respondent is agreeing to each and every term, provision and condition contained in the form of the Contract that IS mcluded 111 thiS RFP Package ("the RFP Contract"), and to perform and furnish all work as specified or mdlcated in this RFP fOI' the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package and the HfP COllt1'3CL The Respondent agrees that if the contract is awarded to the Respondent, the signatlJre of the Respondent, 01' the signawre of its authol'ized repnosentative, 011 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 Pf'oposals and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal Bond/Security This Proposal will ,'emain subject co 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 requlI'ed by the RFP within ten (10) calendar days aftel-the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: ;}, Respondent has examined copies of all the RFP Documents and of the follOWing Addenda. if any (I'eceipt of all which is hereby acknowledged.) Addendum No Dated: June 3.2014 Addendum No 2 Dated: June 6. 2014 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 all local conditions and laws and I'egulatlons that In any manner may affect COSt. p,'og,'ess, pel'fonnance or furnishing of the WOI-I<. c Subsurface conditions: If applicable to this RFP. the Respondent repl'esents that: L Respondent has studied carefully all reports and draWings, If applicable, 01 subsurface conditions and drawings of physical conditions. II. Respondent has obtailled and carefully studied (or assumes responSibility fOI' obtalnlrlg and carefully studying) all such examin,ltlons, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which penain to the subsurface 01' phySical conditions at the Site 01' otherwise may affect the cost, progress, pedol'mance, O!" the flln1lshing of the Work at the Contract P"ice, within the Contract Time and in accordance with the other terms and conditions of the Contract. Documents. The Respondent her'eby acknowledges that -no additional examinations, investigations. explorations, tests. reports or similar infonnatlon or data are, or will, be required by Respondent for any reason 111 connection with the Proposal The failure of the Respondent Page II of 72 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 consideration all possible underground conditions and Respondent. if awarded the contract. shall 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 01' data in respect to any Underground FaCilities are, or wi" be, required by Respondent in order to perform and furnish 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 ii 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. thar. the Respondent has received suffiCient notice of the resolution thereof from the City, that such resolution is accept.able to Respondent and that the Respondent waives any ciainl 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: -OlOmas F Pepc. 2ill4 4f2iif20l4 #1 NIA #2 N/A #3 N/A #4 N/A Seventy two thousand eight hundred sixty nine forty eight cents 72,869.48 #5 NIA -,._-_ ... ,._---,---_. #6 NIA #7 N/A Page 12 of 72 A fee breakdown, if applicable. for each task must be completed in the table shown above, Failure to complete this information shall render the proposal non-responsive 5, The ENTIRE WORK shall be completed. in full. within 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: RESPOf'JDENT: Gabnol Martino? Address: Telephone: ~".Z.8Ji,,321i,.2L59._. _, .. __ , •. _~ ___ " __ ~ ___ ~ _____ "' ___ ~ _____ . _______ , __ , ____ ~,_ Facsimile: ._lJ&,ZQ6 301l.L,.,, ___ . _____ ,_, ____________ . _____ . ___________ , ___ , __ ~ __ , Anention: Gabriel Martinez I 82CMG 7, The terms used in this Pl'oposal which arc defined in the Commct shall have the same meaning as IS assigned to them in the Contract Documents. unless specifically defined in this RFP Package, SUBMITTED THIS 11 DAY OF PROPOSAL SUBMITTED BY: 8 Square Construction Management Group. LLC Gabriel ;,1art,nez Manager I Owner l ! ilOllU:-' F f'L'!ll' !,J .>1 JUNE 20_14_, 786 325 2759 786206 3081 Info@b2cmg com Email Address END OF SECTON Page 13 of 72 PROPOSAL BOND (Note: Not Required for this project.) STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that we, _____ . ________________ _ ______ . ______ , as Principal, and _._ .. __ . __ . ________________ . __ _ _____ .. __ ._ .... _. ___ ... _. ______ ._ .. _, as Surety, are held and firmly bound unto the City of South Miami ("City''). a municipal corporation of the State of Florida in the sum of ______ . ___ . __ .. ___ . __ _ Dollars lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves. our heirs, executors. administrators and successors jOintly and sevel'ally, fil'mly by these p,'esents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS. the Principal has submitted the accompanying Proposal dated ________ , for the _ . ______ ._. ___________ . pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five pel-cent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents; NOW THEREFORE, A If the principal shall not withdraw said proposal within one hundred eighty (180) calendar days after the date for opening of the same. and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature. enter Into a written contract with the City in accordance with the proposal as accepted, and give bonds with good and sufficient, surety or sureties. as may be reqUired. for the faithful performance and proper fulfillment of such contract, and provide proof of insurance as reqUired. then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However. in the event of the principal's unauthorized withdrawal of said proposal within one hundred eighty (180) calendar' days after the date of the opening of the same or the failur'c to enter into a written contract with the Owner in accordance with the proposal as accepted, and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required. for the faithful pedormance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are p,-esemed to it for Signature and/or in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process. then the above obligations shall I-emain in full force and effect and the bond shall thereafter be disburse. by court order. to the Owner in the full amount of the bond if the Proposal Documents provide for liqUidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in 3n amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court COSts and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including. proceedings I'equlred to obtain the coun ordel' of disbursement. including the cost of all appeals 01" other related pl'Oceedings. as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF. the above bonded parties have executed this instl"ument under their several seals this ____ ._ .... ~._ .. day of ____________ ~._., 20. ...... _ .. , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undel"signed representative. 1'1hl!l1~t~) Pepl.: h~()!"! i I Page 14 of 72 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: (Individual or Partnership Principal) (Business Address) (Business Telephone) AHEST: By: 'Imp,'ess Corporate Surety Seal . (Seal) t"'lPQRIANT Surety companies executing bonds must appear on the Treasury Department's most CUtTent list (Circular 570 as amended) and be authorized to transact business in the State of Florida, 1 ilnm,\'\ j-Pcpc, 2{lj-l l 2(, :r1 l·t By: Page 15 of 72 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESEI'JTS: That, pursuant to the requirements of Florida Statute 255,05, we . .. ____ . _____ . ___ . whose business address IS ... __ .. _______ and whose telephone number is __ .. ____ .. ____ .... _,.. as Principal (her'einafter' r-eferred to as "Contractor"). and ___________ • ____ .• ____ _ _______ , whose business address IS . __ , ___ .... __ ._. __ , .. _. __ and whose telephone number' is ________ ..... ____ .. _ .. as Sur'ery. ar'e bound to the City of South Miami whose business address is ___ ...... __ .'. ______ .... _. and whose telephone number is ,._ ......... __ . _____ . and Miami-Dade County whose business address is and whose telephone number is _ .............. _,~___ as Obligee. (hereinafter referred to as "City") in the amount of Dollars ($_ .. ________ . ___ J for the payment whereof Contractor and Surety bind themselves. their heirs. executors. administrators, successors and assigns, JOintly and severally, WHEREAS. Contractor has entered into a Contract, for the Sunset Drive Downtown Median. awarded on the __ ._ ......... ___ . ___ . day of __________ .. _ .... 20 __ , under Contract Number ____ by the City for the construction of (brief description of the Work) in accordance with draWings (plans) and specifications prepared by Palm engjneerin,g ..... !Jls;.!.~which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that the Contractor: I, Fully performs the Contract between the Contractor and the City fOl' the ______ . __ ~ .. _____ ..... within .... _ .... _ .... _. __ ....... _____ .... days after the date of Contract commencement as specified in the Notice to Proceed and 11\ the manner prescribed in the Contract: and 2. Indemnifies and pays City all losses. damages (specifically including. but not limited to. damages for delay and other foreseeable consequential damages). expenses. costs and attomey's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration. If any. that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City. correct any and all patently defective or faulty Work or materials that appear within one (I) year after the issuance of the Certificate of Occupancy. and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all 'Nark and materials furnished lIndel" the Contract for the time specified 111 the Contract. If all of the forgoing conditions are met. then this Bond is void, othet"wise it shall remain in full force and effece. Whenever Contractor shall be. and declared by the City to be. in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the follOWing manner: Complete the Comract ill accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has nor already been paid to. or on behalf of. the Contractor, The City shall not be required to pay any more r.han the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declal'auon of a default or if the Surety fails to man the job with sufficient forces. or' suspends the Work. for more than thiny (30) days. either consecutive or' in combmation With separate occasions. the City shall have the option, in the City's sole discretion. and without waiving its right to any other remedy or damages provided for by this bond. to complete the Work with other forces and the Surety shall pay for" the cost to complete the Work. The term "balance of the Contract Price" as used in this paragt·aph. shall mean the total amount payable by City to Contracto,-under the Contract and any amendments thereto. less the amount pt'opedy paid by the City to the Contl'actor. " rhtH1W" 1-!}qh~ .;O! '4 ·1..'K 2\1!·1 Page 16 of 72 No dght of action shall acuue on this Bond to or for the use of any person or corporation other than the City named hel'ein, The Surety hereby waives notice of and agrees that any changes in or under' the Conn'act Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under [his Bond, IN WITNESS WHEREOF, the above bonded panies have executed this instrument under their several seals on this _~_,, ____ ,,_ day of .,,_ ' 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative, IN PRESENCE OF (Individual. President, Managing Member' or General P~rtner, erc) (BUSIness Address) (City/State/ZIp) (Business OR (Corporate Name) ATTEST (Pr-esidcnt) Secr'etar-y (Business Address) (City/State/Zip) (Business Tell'phone) IN THE PRESENCE OF: (Agent and Attorney-in,fact Signature) (Business Address) (Crry/Scate/Z,p (Business ST ATE OF FLORIDA COUNTY Of MIAMI,DADE On tillS, the ,_,_, __ ''_ day of _,,,,,,,,,,,_,,_,,,,,,,,,,,,,,,,,,,,,,,, __ , __ ,' 20 __ , beiol'e me, the undersigned notary public of the State of Flortda, the foregOIng performance bond was acknowledged by _,',"_",,"_"""'_''''' _____ ,,_,, __ (Corporate Officer), _'''''_''''''''''''''''''''''''''''''''''''''_''''''''''''''''''''''''''''''''_::''''''_"'"'C-''-''''''''''''' (Title), of __ ~" _____ " ___ "_,_""._,,,,,, (Name of Corporatron), :t _. (State of Incorpor';Hlon) <::ol~pOt-ation, on behalf of the r::,;orpon~tiQf1, WITNESS my hand and offiCial seal NOTARY PUBLIC SEAL OF OFFICE: PCI"sonally known to me, Or' Notary State of F!onda (Name of NotMY Public: Print, Stamp or Type as commissioned,) Pe I'sona I Identification: _______ , __ ,_"_"_,,,," __ ,,"_~ __ "'_,,~_'''''_'' DId take an oath, 01 ( I ht")!tw<!~ i\:p..:. _~()l·l 1 2z\ 2\) 1·1 Type of Identification Produced Drd Not take an oalh, Page 17 of 72 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.0 I. ct scq., Florida Statutes. we. __ ""._. .. _____ . whose business addres. is ___ . ______ . and whose telephone number is ._ ......... " ... __ ..... _.""." .... ,as Principal. (hereinafter r'den'ed to as "Contractor"), and "_ ... _____ ._ .. __ .. _ .. _. __ .•. _ ... ~ .. " .... " ....... _ ... ,,., whose business address is __ .... ,, ___ .... _._,,_ and whose telephone number is , as Surety, are bound to the City of South Miami, whose business address is _____ .. ______ and whose telephone number is ... ""._ .. _". __ .,, ___ •. ___ .' as Obligee, (hereinafter referred to as "City") in the amount of . _____ " •.. _._Dollars ($ ___ . _______ -> for the payment whereof Contractor and Surety bind themselves. their heirs, executors. administrators, successor's and assigns, jointly and severally. WH EREAS, Contractor has, by written agr·eement. entered Into a Contract for' the Sunset Drive Downtown Median. awarded on the __ " __ .,,_,,. ____ day of __ ,, __ . _____ .... _._. ___ .. 20." ... , under Contract Number _____ for the construction of description of the Work) by the City in accordance with draWings (plans) and specifications prepared by Palm Engineering, Inc, which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: I, Promptly performs the constt'uction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05. Florida Statutes. supplying Contractor with labor, materials, or supplies, used directly or' indirectly by Contractor in the prosecution of the wol"l< provided for in the Contr'act; and 3. Pays City all losses, damages. expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner-sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time speCified in the contract, then this obligation shall be VOid; otherwise, it shall remain in full force and effect. Any action IIlstituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agr'ees that any changes in or under' the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surcty's obligation under this Bond. IN WITNESS WHEREOF. the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corponte seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST Secretary 1,"' rlkHlld,S F ('>.:P(, 2u! ~t ,~ 2~, ::u 1 '1 .-.-.--.-----------:c-.....,...,--- (!ndlvldu31, PreSIdent. Managmg Member or Gener<11 Partner, etc.) (BUSiness Addl'<~ss) (Bus mess Telephone) (Corpor'ate Name) (P"csldcm) (Busmess Address) Page 18 of 72 SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE SURETY (City/State/Zip) (Business IN THE PRESENCE OF BY: __ -:-__ , ,~_,~ __ ,_,(SEAL) (Agent and Attorney.in·fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF ~1IAMI,DADE On thiS, the ____ day of _________ , 20_, befOl'e me, the undersigned notary publiC of the State of Florida, the foregoing payment bond Wi\$ «<knowledged by " _____ ,_, ____ ,_,_, __ , __ , ________ (Col-porate Officer), ________________ ,, ____ (Title), of ._ (Name of Corporation), a "_,,,'_, ___ , ________ ,,.,_,._,,,,_,_._ (State of IncoI'poratfon) corpOl'ation, on behalf of the corporation f"OTARY PUBLIC SEAL OF OFFICE: Personally known to me, or Per~()nal ,dclnt!ficatlon: Type of Idel1tJfication P,'oduced Did take an oath, or Did Not take an oath "Power of Attorney must be attach0d ihO!lu:~l' ~()!,i ,i ,;K :'»1", Nmary Public, State of Flonda (Name of Not'!)' Pl'int, StAmp or Type as commiSSioned,) END OF SECTION Page 19 of 72 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S oV!~I'all Proposal Evaluation and CONTRACTOR selection, I, Number of similar construction projects completed, a) b) In the past 5 years 2 In the past 5 years On Schedule 2 In the past 10 years In the past 10 years On Schedule 2 2, List the last three (3) completed similar projects, a) ProjeCt Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion 520 SW 87th Ave 305· 7906203 Date 2013 Original Contract Prrce: Actual Final Contract Price: b) Project Name: {. '1 htllJ!,t~. F f},:p:.: ,~{i 1·+ t .:; X 2tJ!·~ $48,96425 FL 33174 Page 20 of 72 r!mll1a:-, I· Pq1l.:,~!(i!.~ 'l .»<:I!l.~ Owner Name: Owner Address: 86-'6 NW 581tl Street Doral. FL 33166 Owner Telephone: Original Contract Completion Time (Days): 45 _"_~.c."" __ . __ .. "_. ____________ . __________________ _ Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: Owner Address: Owner Telephone: Ol'iginal Conn-act Completion Time (Days); Onginal Contract Completion Date: Actual Final Contrac1; Completion Date: 4-2013 4-2013 $62,142-'.3 __ 3 _____________ . 562, 142.33 Page 21 of 72 Original Contract Price: Actual Final Contract Price: 3. Current workload Project Name Owner Name Telephone Number Contract Price For1 Lauderdale Executive Airpol1 Expansion City of Fort lauderdale Safe Routes to Sellooi Locations Miami-Dade County Public Works Pilase 7 & Waste Management Dept mOT T-4358 FOOT FDOT T-4382 FOOT Traffic Signal Installation Miami-Dade County Public Works Community Workforce Prograrn & Waste Management Dept 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent 5. List and describe any' a) Bank,-upt<:y petitions filed by or against the Respondent or any predecessor organizations. b) Any arbitration or-civil or cr-iminal proceedings. or Suspension of contracts 01-debalTing from Bidding or Responding by any public agency brought c) against the Respondent in the last five (S) years Government References: Page 22 of 72 t" rllOm;l~, f· h:p\,.· ~()i·t I eX II list other Government Agencies 01" Quasi·government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of ProJect: Name of Agency: Add"ess: Telephone No.: Contact PCf'son: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: i ihJ!1U"" I, i),:Pt: ::(ll,l- ,~ .: ;.; 21l! ~ 1000 NW 111 til Avenue Miami. FL 33172 786-278-0728 FOOT Push Button ..••...... _ ... _-.. ----.-_ ..... __ ..... 305-375-2_9_6_0 __ . __________________ _ Interseclions 1m,,,,,,,,,,,," Page 23 of 72 NONMCOllUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE ( I ) He/She/They is/are the _ Ma~_~~er I Owner _________ ~ _________________ .... _ (Owner', Parmer, Officer, Representative or Agent) of t.he Respondent that has submitted the attached Proposal; (2) He/She/They is/arc fully informed concerning the pl'eparation and contents of the attached Proposal and of all pertinent Circumstances concerning such PI'oposal; (3) Such Proposal is genuine and is not il collusive or sham PI'oposal; (4) Neither the said Respondent nor any of Its officers. partners, owners, agents, representatives. employees or p;\f,ties in interest. including this affiant, have in any way colluded, conspired. connived or agreed. directly 01' indirectly, with any other Respondent, firm, or person to submit a collusive or sham Pmposal in connection with the Work for which the attached Proposal has been submitted; 01' to refrain from Bidding or pr'oposing in connection with such Work; or have in any manner. directly 01' indirectly, sought by agreement or collusion, or communication. or conference with any Respondent, firm. 01' penon to fix any overhead. profit, or cost elements of the Proposal or of any other Respondent. 01' to fix any overhead, profit, or cost elements of the Proposal Price or the Pmposal Price of any other Respondent. or to secure thl'ough 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 111 the attached Proposal arc fair and proper and are not tainted by any collusion, conspil'acy, connivance. or unlawful agreement on the part of the Respondent or any other of Its agents, representatives. owners. employees or parties of interest, including this affiant, Witness I hl)nld> i i\:Pl' .. :.01·) .~ ~ g er~d In the presence of; / / By: Cl.-~""-,fL .. ,_, __ -"-""--+--__ .",, .. , __________ _ Gabriel Mi'lrtJl'lez Print Name and Title 0611212014 Date Page 24 of 72 STATE OF FLORIDA COUNTY OF MIAMI·DADE On this the day of 20.L*. __ , before me, the undersigned Notary Public of the State of FloI'ida, personally appeal'ed (Name(s) of mdivldual(s) who appeared before notary). __ ~_ .... _ ...... _ ... ~_._ .. _ ..•..... _._ ... _. ___ ..... _ ...... __ ... » ••• _._ •• and whose name(s) islare Subscribed to the wl,hlo loworn,o,. ,od h,/.h,/,h,y ,dmowl,d" 'h" h,/.h,I<h,y ,,,,",,d I, .' 11 WITNESS my h,od ,od officl,' ",I ,::~-=_ NOTARY PUBLIC: SEAL OF OFFICE: ROLAND .",,"8!:U:J.ru..I~-+ ,ialf~~A41~OO j~4Yil ype as co ml :) EXPIRES MarCh 30, 201 B (401) 3OO'{)153 FlOrldaNol1I $e1llica.com X. Personally known to me, 0 Personal identification. Type of Identification Produced Did tilke an oilth, or Did Not take an oath. Page 25 of 72 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 P,'oposal or bid on a Contract to provide rmy goods or services to a public entity. may not submit a Bid or proposal for a Contract With a public emity 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 emity, 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 287017, Horida Statut.es, for thirty SIX (36) months from the date of being pl'Kcd Oil d,e cOllvil:led vendor list". The award of any contract h(~reunder is sllbject to the provisions of Chapter I 12, Florida State Statutes, Respondents must disclose with their Proposals. the name of any office,-, director, partne,', 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), flQBIDA S.IATUTES, 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 CITY OF SOUTH MIAMI [print name of the public entity] business add.'ess is and (if applicable) its Federal Employer Identification ~,Jumber (FEIN) is __ . ___ . __ ._. __ . ____ . __ (If the entity has no FEIN, include the Social Security Number of the individual signing thiS swo"n statement: _. ___ .. _ .... 46:_:?QIQ]1~ .. ______ . ___ ._, ___ •... 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), florilliL.$ututC$, means a violcnion 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 subdivi~ion of any other state or of the United States, including, but not limited to . any bid, proposal 01' COnlract 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 antitnl,t. fraud, theft, bribery, collusion, racketeering, conspiracy, or material rnis I'epresen ta cion. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Elodda ~tatu1.~, means a finding of guilt or a conviction of a public entity Ct'ime, with or without an adjudication of gudt. in any federal or state tdal court of record relating to charges brought by indictment or Information afte,' July I. 1989, as a result of a Jury verdict, non·jury tri~1. or entry of a plea of guilty or nolo contendere. 4 I understand chat an "affiliate" as defined in Paragraph 287.133 (I) (a), Flond!ljbltJ'!!J~", means: (3) A predecessor or successor of a person conVicted of a publiC entity crime; or (b) An entity under the contl'ol of any natu,'al persoll who IS active If] the management of I:he entity and who has been convicted of a public entity Cl'ime. The term "affiliate" includes those officers, \' ! lh.)m~ls I j3cp~, :,(1[.:;' i .:!K ~!!q Page 26 of 72 directors. executives. pat'tllers. shareholders. employees. members. and agents who arc active in the management of an affiliate. The ownership by one person of shares constiwting a controlling interest 111 allY 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 pel'son (ontmls another person. A person who knowingly enters into a joint venture with a persoll who has been convicted of a public entity CI'ime 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). EtQri,Q,L?1i\J;.\!LQ§, means any mtw'al person 01' entity organized undel' the laws of any state or of the United States with the legal powc" to cntcr into a binding contract and which bids or proposal 01' 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 busmess With a public entity. The term "person" includes those officers, directors, exccutives, pal'tners, shareholders. employees, members, and agents who are activc in management of an entity, 6. Based on information and belief. thc statement which I havc markcd bclow is true in re!;won to the enti~ubmitting this sworn statement. [Indicate which statement applies.] _.:::_., .... Neither the entity submitting this sworn statement, nor any of its officers. directors, executives. panners, shareholders. employees. members, 01' 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 subsequem to July I. 1989. __ .. The entilY submitting thiS sworn statement, or one or nlore of its officers, director's, executives, partners, shareholders. employees, members, or agents who are activc in the management of the entity, 0" an affiliate of the entity has been ch:l.I'ged with and conVicted of a public entity cnme subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers. dil'ectors. executives. p~';:tnen, shareholder's, ernpioyees, members. 01' agents who ~re active in the managcmcnt of the entity, or an affiliate of the entity has been charged with and convicted of a public cntity crime subsequcnt of July I, 1989. However, thel'c has been a subsequent proceeding befol'e a Hearing Office I' of the State of Florida, DiVision of Administrative Hearings and the Final Order emered by the Heal'ing Officer determlfled 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 ol'def.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC t:~TITl INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FOkM 1$ VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THA'r I N1 REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287017, Of A,V'.' CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. OR Produced Identification ' ______ ._'_ (Type of !dentlficatlon) Form PUR 7068 (Rev.061 I 1/92) N My (Printe Page 27 (,)f 72 DRUG fREE WORKPLACE Whenever twO or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the aW3r'd pmcess, Established procedures for processing tic Bids or proposals shall be followed if none of the cied vendors have a drug-ft'ee workplace program, In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees chat the unlawful manufacture, distribution, dispensing, possession, or use of a contl'oIled substance is prohibited in the wOl'kplace and specifying the actions that shall be taken against employees for violations of such prohibition, 2) Inform employees about the dangers of drug abuse in the workplace. the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3) Give each employee engaged in prOViding the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I), 4) In the statement specified in Subsection (I), notify the employees. that, as a condition of wot'king of the commodities or contractual services that are under Bid. he employee shall abide by the terms of the statement: and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any comrolied substance law of the United States or any state. for a violation occurring in the wOl'kplace no later than five (5) bUSiness days after such conviction, S) Impose a sanction 011, or require the satisfactot'y participation in a drug abuse assistance or t'ehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to contlf1ue to 111alntalll a drug. free workplace through implementation of this secrion As the person authOrized to that this firm complies fully with the above requirements, RESPONDENT"; Signature; Date: Page 28 of 72 ~ l'iWlll,1:" f Pq!',.<, !., } ,~~{ ;;. \) ; .; ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, _f' SMI. Con"':::,="~.a-'2"g"m:r~_(~~,,~o:.':.':~_ .. ____ , (Name of CONTRACTOR), hereby acknowledge and agl"ee [hat as CONTRACTORs for the p.-oject as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations. and agree to indemnify and hold harmless the City of South Miami and against any and all liability. claims, damages, losses and expenses they may incur due to the failure of (Sub-Contractor's names): Arrow Aspl1alt. USI Landscaping. Miami Striping to comply with such act or regulation BY: !3ab'~.'~r::~l~e?:." __ "_._. __ .. Nan"l(': Owner!Man~~L. __________ . ___ _ Title i. l"lWnla': I, P~'P\,'. 2{1 i·{ ·i :;:-: ;'t} \·1 Page 29 of 72 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 USI L.andscaping 16855 SW 208th Street Telephone: 305-253-6 330 Landscape Miami. FL 33187 Fax' 3052536331 " " " Sodding and Tud Work Electrical -- Irrigation I\now Asphalt & Engineering 3051 NW 1291h ST .'One jUO-b"~-",'O" Paving Fax 3i}5,G3[j-~~484 Opa-Iocka. FL 33054 ft.ITt).·.'ilsohataO! ccm Park Amenities GraphiCS Utilities Excavation Building Structures Plumbing Painting 14005 NW 1861h Street Phone 305·829·8922 Testing Laboratory ChiNe Hialeah. FL 33018 Fax 305·829-8217 Soil Fumigator 14025 SW 142nd Avenue Pilone 305·235-7333 Signs Miami Striping Inc Miami. FL 33186 flliamistriplng@yahoo.cofll Othet': Tim list shall be pmvlded to the City of South Miami by the apparent lowest responsive and responSible Bidder wlthlll five (5) business days after Bid Opening, ( i !UQI1.1:-' l i\:pc ;i}!,"~ I 2S 2l11·\ Page 30 of 72 RELATED PARTY TRANSACTION VERifiCATION fORM I Gabriel Mar1~ __________ , individually and on behalf of ~_~g.uare Cons~.~tion M~Jlage~::,:,~~g~oup~.!:LC ("Firm")have Name o(Representative Compolly/VendoriEntity I'ead the City of South Miami ("City")'; Code of Ethics, Section SA,I of the City's Code of Ol'dinances and I hereby certify. under penalty of per-jUt}' that to the best of my knowledge, information and belief: (I) neither I nOI' the Firm have any conflict of interest (as defined in section SA· I ) with r'egar'd to the contl'act or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers. directors of the Firm, nor anyone who has a financial Interest greater than 5% in the Finn, has any relative(s). as defined in section SA· I , who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, I.e., a board or committee of the City[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 sister'S) has transacted or entered into any conu'act(s) with the City or has a financial interest, direct or indirect, in any business being transacted city, or with any person or agency acting for the City. other th,1I1 as follows: necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above ro the separate sheet, I.e., "sec 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 andio!" appointed official or employee of the City of South Miami, at" 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 imerest is set their use a separate names: .!..:...:. ... ~ _____ • ___ ._._.~ •• ~ ..... __ .. _____ • __ .. _____ .. ________________ (if necessary use a separate sheet to supply additional mforrnation 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). The names of all City employees and that of all elected andlor appointed city officials or board members. who own, directly or indirectly, an interest of (5%) or mor'e of the total assets of capital stock in the fi"m <I,'e as follows: ______ _ .:2.._..:.....:.-___ ._._. _________ ._ ..... , ...... ____ .. ___________ ----.--.--__:_-________ .. _______ .. _ .. (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). [See Note #1 below] (5) I and the Firm fUl·ther agree not to use or attempt to use any knowledge, property or r"esource which may come to us through OUI' position of trust, or through our per'formance of our duties under the terms of the contract with the City, to secw'e a special privilege, benefit. or exemption fOI' ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gam or bendit 01' for the personal gain or bendit of any other person or business entity, outside of the nOI'mal gain 01" benefit anticipated through the performance of the contract (: rhoma~! !\'lk', l-i ,~,.~}i ::(J 14 Page 31 of 72 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any per'son or agency act.ing for the City, and that WI?; have not appeared in representation of any third party before any boardJ~ommlssion or agency of the City within the past two years other than as follows: iV/iT ~o .i.m" .• c~"'~."_.~, __ .. ,,. __________ . __ _ ' __________ ' _____ ' _____________ ' __ ' ____ '____ (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), (7) Neithel' I nor any employees. officers, or directors of the Firm, nor any of their immediate family (Le" as a spouse, son, daughter, parent, brother or sister) is r'elated by blood or-marriage to: (i) any member of the CilY (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: -LiI-!-~. ________ , _____ •• ___ ,_~ ____________ , __ (if necessary use a separate sheet to supply additional 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 r'efer'ence 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 Finn, nor any officer's or directors of that Othel' Firm or anyone who has a finanCial interest greater than 5% 111 that Other Firm. nor any member of those persons' immediate family (i.e,. spouse, pal'ents, 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 I-epresent 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, brothers and sisters) have also responded, other than the follOWing: ..Lc+,c_~ ____ , __ '''_~,,_~~_,, ___ ,_,, ___ ''_, _______________ ,,_,,_''''''_'''''''',_~_,,_,, ______ , ___ ,_, ___ ''' ____ _ "'_' ______ , ___ , (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 infor-mation" 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 solely on the signatory's personal knowledge and hclshe is not required to make an independent investigation into the Other Finn, or the Fir-m he/she r-cpresents, as to their officers, directors or anyone having a financial interest In those Firms or any of their any member' of those persons' immediate family,] (9) I and the Finn agree that we are obligated to supplement this Verification Form and inform the City of any change III circumstances that would change our answers to this document, SpeCifically, after the opening of any responses to a soliCitation, I ~nd the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also r-csponded to the same solicitation and to disclose the r-clatiol1ship 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 supplemcnt this Verification Form, may subject me or the Firm to immediate termination of any agl'eement with the City, and the Imposition of the maximum fine and/or' any penalties allowed by law, Additionally. violations may be considered by and subject to action by the Mi3llli"Dade COlmer Commission on EthICS" Under penalty of perlury, I declare that i ha'/(! mad,: a diligent effort to the matters to which I am attesting het'einabove and that the statements ! hllnl<l\ J ! \:[h:, ~'( i i·t 2l)H to the best of my knowledge, information and belief Page 32 of 72 Note # I: While the ethic. code srill appli" •• If the person executing this "Hm I. doing 50 on behalf of a firm with more than I S employees. the statement in this ,eetion shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent investigation as to the relationship of employees; If the firm i. a publicly traded company. the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not required to make an independent Investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest In the Fh'm of dty employees. appointed official. or the immediate family members of elected andlor appointed official or employee or "s to the relationship by blood or marriage of employees, offiee •• , or directors of the Firm, or of any of their immediate family to any appointed or elected offidals of the City, or to their immediate family members. Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. 8A· I .• Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be deSignated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standal-d of ethical conduct and behaVior for all autonomous personnel, quasi-judicial personnel, advisory personnel and department.al personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall I'efer to the mayor and the membel-s of the city commission. (2) The tel-m "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The cel'm "quasI-judicial personnel" shall .. efer to the members of the planning board, the environmental review and preservation board. the code enforcemcm board and such other indiViduals. boards and agenCies of the city as perform quaSi-judicial functiOns. (4) The term "adVisory personnel" shall refer to the members of those city advisol)' boards and agencies whose sole Ot· prima,'y ,'esponsibility is to recommend legislation 0" give advice to the city commission. (5) The term "departmental personnel" shall refer to the City clerk, the city manager. depal'cment heads. the city attomey, and all assistants to the city clel'k, city manager and city attorney, however titled (6) The term "employees" shall refer to all other' personnel employed by the city (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred. rn return for services rendered or to be rendered. (8) The term "contt'olling financial interest" shall refel-to ownership, direcriy or indirectly, of ten percent or more of the outstanding capital stock In any corporation or a direct 01' rndirect interest of ten percent or mOl'e 111 a fil'm, partnership, or ocher business entity at the time of transacting business with the city (9) The term "immediate family" shall refer to the spouse. parents, children. brothers and sisters of the person involved. (10) Tho term "transaet any bUSiness" shall refo" to the purchase or sale by tho city of specific goods or services for consideration and to submitting a bid. a proposal in response to a RFP, a statement of qualifications in response to " ,'equest by the city. or entering into contract negotiations for the p,'ovision on any goods or servi<:cs, whichever first occurs. (c) Prohibition on transacting business with the city. No person Included in the ternlS defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person 01" a member of the immediate family has a financial Interesc direct or indirect With the City or any person or agency acting for-the crty, and any such contract, agl-eement or business engagement entel-ed if) violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance In office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or ll1ake illegal: ( I) The payrnem. of taxes, speCial assessment:; 01' fees fOt, services provided by the city governmenr; P~ge 33 of 72 1,,' f'lhHll,1\ l' Pc-PI' '~()14 ,~ ~0 ~4 (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or dil"ectly from time to time. Waiver of prohibiUon. The requir-ements of this subsection may be waived for a particular transaction only by four affirmative votes of the CIty commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragr"aphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The pl"Operty or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be 111 the best interest of the city_ This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered In violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to !lmend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business thr-ough a fit"m, corporation. partnership or business entity in which that person or any member of the Immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement. enter"ed in violation of this subsection shall render the transaction voidable. The remaining pr-ovisions of subsection (c) will also be applicable to this subsection as though incor'porated by remation. Additionally, no person included in the term defIned in paragraph (b)( I) shall vote on or par-tic:ipate in any way in any mate"r presented to the City comn1lSsion if that person has any of the following relationships With any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director. partner', of counsc!, comultant. employee. fiduciary or beneficiary: or (2) Stockholder, bondholder. debtor, or creditor, if in any instance the tr3nsaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included In the term defined In paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, ,-ealize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )DefinitlOn. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment. hospitality, item or promise, or in any other form. without adequate and lawful consideration. (2)Excepvons. Th", provisions of pa,-agraph (e)( I) shall not apply to: Cl_ Political cOllu'ibutions specifically authoriz.ed by state law; b. Gifts f!"Om ,"elativcs or mcrnbet"$ of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that IS pt"ohibited under paragraph(3); c. Awards for professional or civic aclmlvemem; d. Malenal such as books. reports, periodicals or parnphlets which are solely Informational or of an advertiSing nature. (3) Pro/lI/)ltlOrlS. A person described In paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for-any person or entity to offer. give or agree to give to Jny pet'son included in the terms defined in paragraphs (b)( I) thr"ough (6), or for any person included in the ten..,s defined in parag,-aphs (b)( I) th!"Ough (6) to accept or agree to accept from another person Or entity, any gift for or because of: il. An official public action taken, or to be taken, or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be pet-formed, or which could be performed, 01" an omission or failw-e to pedol-Ill a legal duty; ( 1 !Wl11;l\. l i'c'pe Ilj I) ~~,:X2()!,+ Page 34 of 72 c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form requir'ed by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any pet'son included in the terms defined in pat'agraphs (b)( I) through (6) be employed by a co"poration, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation. finn, par'tnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official pOSition to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional actiVity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nOt' shall that person in fact ever disclose confidential tnformation garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited, No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the ter-ms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the City from any source other than the City. except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherWise, where city time, equipment or material is to be llsed or where such employment or any pal'c thereof is to be performed on City time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental Ot' adverse to the interest of the city or any of its departments and the approval required ,n subparag,-aph c. IS obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete re(ord of such employment. d. Pelwlty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation Incurred by the city. (2) All full-time city employees engaged tn any olltside employment fo,-any pe'-son, fir-m, corporation or emity other than the city, or any of its agencies or instr-Llmentalicies. shall file, under oath. an annual report Indicating the source of the outside employment. the nature of the work betng done and any amount of money or other consideration received by the employee from the outside employment. City employee ,'epons shall be filed with the city cierk. The reports shall be available at a reasonable time and place fot· inspection by the public. The City manager may ,'equire monthly reports from individual employees or groups of employees for good cause. (I<) Prohibited investments. No person included in the terms defined in pariigraphs (b)( I) through (6) or a member of the immediate family shall h;we personal investments in any enterprise which will create a substantial conflict between pl'ivate interests and the public interest. Page 3S of 72 1 !wm,b 1 P':Pi.' 1 t 1. .~ X,;! j ).1 (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall appear befon; any city boal'd or agency and make a presentation on behalf of a third pel'son with respect to any matter. license. contract. certificate. ruling. decision. opinion. I'ate schedule. franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift. directly or indirectly. for services rendered to a third person. who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person, f'.lol' shall the person appear in any court or befol'e any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question, (2) No person included In the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city commission or agency on which the person serves. either' directly 01' through an 3ssociate. and make :I presentation on behalf of a third person with respect to any matter. license, contract, cenificate. ruling. decision, opinion, rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any compensation or gift. directly or indirectly. fOl' services rendel'ed to a thil'd party who has applied for or is seeking some benefit from the city commission 01' agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any coun or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief f,'om the city commission or agency on which such person serves through the suit in question, (m) Actions prohibited when financial interests involved. No person included In the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include. but not be limited to. any direct or indirect interest in any investment. equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a prolect, business entity or property at a time when the person believes 01' has reason to believe that the financial intere$t may be directly affected by official actions or by official actions by the city or city agency of which the pel'son is an official. officer or employee. (0) Recommending professional services. No person Included in the terms defined In paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or finn. professional or' otherwise, to assist in any transaction If1volving the city or any of its agencies. provided that a recommendation may properly be made when reqUired to be made by the duties of office and in advance at. a public meeting attended by ot.her cit.y officials, offICers or employees, (p) Continuing application after city service, (I) No person li1c1uded in the terms defined in paragraphs (b)( I). (5) and (6) shall, for a pe/'iod of two years after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection wit.h any judiCial or other proceeding. application. RFP. RFQ, bid. request for ruling or other detemlination. contract. claim, controversy. charge, accusation. arrest or other particular subject matter in which the city ot' one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a City department or agency during the two-year period after hiS or her service has ceased. (2) The pmvisions of the subsection shall not apply to persons who becorne employed by govemmental entities. 50 I (e)(3) non-profit emities or educational institutions or entities. and who lobby on behalf of those entities in tilelr offiCial capacities. (3) The pmvisions of this subsection shall apply to all persons described in paragl'aph (p)( I) whose city sel'vice or employrnent ceased aftN the effective date of the ol-dinance from which this section derives. (4) No person descl'lbed 111 paragraph (1')( I) whose city servic.e or employment ceased within twO years prior to the effec.!:ive date of this ~rdinance shall for a period of two years after his or her service 01' employment enter into a lobbying contract to lobby any City official In connection with any subject described in paragl-aph (p)( I) in which the city or one of Its agencies is a pal-ry or-has any direct and substanrial interest; and in which he or-she participated directly or indirectly through deCision. appl'Oval. disapproval. recommendation. the I'endering of adVice, IIwestigation. or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter thl'OlJgh decision. approval, disapproval. Ie! hOllw:--1 P'':P1) ,~!J 1 1 2X i ,1 Page 36 of 72 I·ecommendation. the rendering of advice. investigation. or otherwise. during his or her city service 01' employment. A person pat'tiCipated "indirectly" whet'e he or she knowingly participated in any way iii the pal'tieular subject matter through decision, approval. disapproval. recommendation. the rendering of advice. investigation, or othel·wise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requit'ements of this subsection do not preclude the person from lobbying city officials, (5) Any person who violates this subsection shall be subject to the penalties provided in section BA·2(p). (q) City attorney to render opinions on request. Whenever' any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the PI'OPC,' intel'pr'etation 0" application of this conflict of intel'est and code of ethics ordinance. 0" whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a fui! written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions withom use of the name of the penon advised unless the person pet'mits the use of a name. (Ord. No 6·99-1680, § 2. 3-2-99) Editor's notc-Ot'd. No. 6-99·1680. § I. adopted 3-2-99. repealed §§ BA·I and 8A·2 in theil' entirety and replaced them with new §§ 8A-1 and BA-2. Former §§ SA-I and BA-2 pertained to declaration of policy and definitions. respectively. and derived from Ord. No 634, §§ I (I A-I). I (I A-2) adopted Jan, .. 11, 1969 !' !"lwma ... i' t}\.:Pt' ~;(Jl"l \ .::X 211 i ~ Page 37 of 72 The City has considered the Proposal subrnitted by your firm for the Sunset Drive Downtown Median in response to its advertisement for Request for Proposal and Instructions to Respondents< You are hereby notified that your p,"oposal has been accepted for" the Sunset Drive Downtown Median in the lump sum amollnt of $ __ "_"_" ~_~"~ __ ""_'"" ""' broken down as follows Bas(~ Pr-oposal< Alternate # I: Alternate #2: Alternate #3: You are required by the Instructions to Respondents to execute the Contract and furnish the required Pedormance Bond, Payment Bond, Insurance documents (see Proposal Submittal Checklist Form) within len (10) day from the date of this Notice to you< If you fail to execute said Contract and to furnish said bonds or required Insurance documents within ten (10) calendar days from the date of this notice, the CITY, at its sale and absolute discretion, shall be entitled to disqualify the Proposal. revoke the award and retain the Proposal Bond/Security. Please be advised that if the contract price exceeds $5.00000 or if it IS a multi-year contract requidng payment out of more than one year's appropriation. the award and the contract must be approved by the City Commission before it is binding on the City. BY; Sceven Alexander City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknOWledged by . BY: TITLE: You are required to rctum an acknowledged copy of thiS Notice of Award to r:he City Manager 1 < l'hum;h j, Pcp,:.;O 1 'l .~ :~:.; Page 38 of 72 Sunset Drive Downtown Median From SW 57'10 Court to SW 58th Avenue 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. tOQls. apparatus, transportation and any other ,telns necessary to pet'form all of the work shown on and described in the Contl"act Documents and shall do everything required by this Contract and the other Contract Documents henlinafter I~cfe""ed to as the Work. 2. The Contract Documents shall include this Contract. the General Conditions to the Contract. if any, the drawings. plans. specifications and project manual, if any. any supplementary or special conditions, other documents referring to this contract and signed by the par1:ies, the solicitation documents ("hereinafter .-eferred to as "Bid Documents") and any documents to which those documents n~fer and which are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful perfol'fllance of this Contract, subject to additions and deductions as pr'ovided in the Contract Documents and any properly approved, written change orders, III lawful money of the United States, the amount of: Do", A,,,,,,,,,, ................................ -. ..................... .. .... _._ ......... ____ .. _ ..... __ .. ~ ..... __ ... Dollars Lum p Sum (" Contrac t PrICe"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authodzed or instructed in writing by the City, 6. If the Work is expected to require more than one month. 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. less the retainage (all as proVided for in the Cont,"act Documents). 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 and until such Wo,"k has been accepted by the City. 7. Upon submiSSion by the Contractor of evidence satisfactory [Q the City that all labor, matenal. and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full. ilnd after compliance wid) the terms for payment provided for' in the Contract Documents. final payment on account of this Contl'act shall be made within sixty (60) calenda," days ;tfter the completion by the Contractor of ail Work covered by this Contract and the acceptance of such Work by the City .. a, a. In the event that the ContractOr shall fail to complete the Work within the time limit stipulated in the Conn"act 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 QL~~.QQQ ... g.oHi!r~ per day. plus any monies paid by the Owne," to the Consultant, if any, for additional engilleering and inspection services, If any. associated with such delay. 9 It is furthe,' mutually agreed between the pal'ties hereto that if 3 Payment and/ol' Performance Bond ("Bond") is reqUired and If. at any time aftet" the execution of this Contract and the Bond for its faithful performance and payment, the City shall deem the Surety 01" Sureties upon such bond(s) to be unsatisfacto,'y. 0" if. for any reason such bond ceases to be adequate to cover the performance of the I !lOIlU:"1 {, 1't'\K' .:O! 't 4 2;1 ~(Jj"t P~ge 39 of 72 Work or payment to subcontractors and suppliers. the Contractor shall. at its expense within five (5) business days aftcr the I'cceipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or SUI'cties as shall bc satisfactory to thc City. In such event, no fUl1:her payment to the Contr'actor shall be deemed to be due undet· this Contract until such new or additional sccurity for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City ! 0 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 City and in accordance with the Contract Documents. I I. The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City. IN WITNESS WHEREOF. the parties hereto have executed this Contract on or prior to the day and date first above written. in five (5) counterparts, each of which shall. without proof 01" accounting for the other counterpart be deemed an original Contract. WITNESSES: (print name of Witness) (print name of Witness) AUTHENTICATION; Signature: . _____ ~~._~._ .. _._ .... "'._. Maria Menendez City Clcl'k Read and Approved as to Form. Language. Legality and Execution thereof: Signawre: City Attorney ! ;"1,))1"1..1" 1 h~p~· .;!)11 ~~! I l ·f Signatlwe: Name: Title: OWNER: CITY OF SOUTH MIAMI Steven Alexander City Manager Page 40 of 72 GENERAL CONDITIONS Sunset Drive Downtown Median 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 0" 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: AQdemiil.; 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. ~ll.iQDjgr PaY.men!: A form approved by the CONSULTANT. if any. or the City Manager which is to be used by the CONTRACTOR in ,"equesting progress payments. 8Id; The offer or proposal of the Bidder submitted on the prescribed form setttng forth the pnces and other terms for the WOI'I< to be performed. Bidder: Any person. firm or cor"poraeion submitting a response to the Owner's solicitation for proposals or bids for Work. J2iQ Documents: The solicitation fOt" bids or proposals and all documents that make up the solicitation including the instructions. form of documents and affidavits. B"Qn,:js: Bid bond. perfomlance and payment. bonds and other Instruments of security. fumished by the CONTRACTOR and its sUI'ety in accordance with the Contract Documents and in accordance with the laws of the State of Florida, Change OrdJir; A written order to the CONTRACTOR signed by the City Manager 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. 6 j 30 Sunset Dnve. South Miami. FL 33143, unless the context whet-ein the word is used should more app,'opt'iately mean the City of South Miami. C&mIClJf"tlQ.ILQI.:t~IYgr: An authorized I-epresentative of the CONSULTANT. if any. or otherwise a representative of the City assigned to observe the Worl< performed and matedals furnished by the CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative. hQD11:.il.ht DQcWn<l.nll; The Contract Documents shall include the Contract between the Owne," and the Contractor. other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid. CONTRACTOR'S Bid. the Bonds. Insurance endorsements. Insurance Certificates and policies. the Notice of Award. the Notice to Proceed, the General Conditions. SpeCial Conditions. if any. any Supplementary Conditions. the Technical SpeCifications. Drawings. including any incorporated specifications. addenda to the draWings issued prior to execution of the Contract. Change Orders. Const!"uction Change Directives and any written order for a minor change in the Work. and wl'ltten modifications (() any of the Contract Documents. hQJIIT.ilhtJ'L!CC.: The total moneys payable to the CONTRACTOR pursuant to the terms of the Controct Documents S:;0f11C;t~JI!J:ne": The number of calendar days stated in the Contract for the completion of the Work. C.QJUEil>;Xing..Qffice,"' The mdivldual who .$ authorized to sign the contract documents on behalf of the OWNER CQNIJ~~S:;IQJ~; The person, firm or corporation With whom the OWNER has executed the Contract. <;;;.oNSULI~N"L .. The person Identified as the CONSULTANT in the Supplementary Conditions or. if none. then CITY's deSignated representative as identified In the Supplementary Conditions . . 12k!)': A period of twenty-four hours measured from the beginning of the day at 12:0 I il.nl and It shall be p,"esumed to be a calendar day unless specifically designated as a business day. Page 41 of 72 Q!lY~: The number of (wemt,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. evenr. 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 SatUl'day, Sunday or legal holiday. Q.~fe_ctjYQ~Y'Lork: Work that is unsatisfactory. faulty. or deficient in that it does not conform to the Contract Documents. or does not meet (he requirements of any applicable inspection. refer-ence standard. tcst. or approval referred to III the Contract Documents, or has been damaged prior to the CONSULT ANT'S r-ecommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner'); 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. Dra'tYiJJ.gl; The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT. or if none. then by an architect or engineer hired by the City and are referred to in the Contract Documents. rj&I<;J...QrQe.L 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 Documencs srgned by both parties. (b) a Change Or'der srgned by both parties. (c ) a written clarification or interpretation if issued by the CONSULTANT If) accordance with paragraph 9.3 or (d) a written order for' minol' change 01' 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 srgned by the pany against whom the modification is sought to be enforced. Notice 9L~_,{,{91:.Q;. The wr-itten 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. No~l.Q...froceed: 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. EQL~QJl: An individual or legal entity. PIQject: The entire construction operation being performed as delineated in the Contract Documents. ~ The term "policy" as used in the Contract Documents shall mean the insurance binder. jf it is jssl.Jed. the declaration page of the policy and the body of the policy, including all endorsements. Ri'f': Request for Proposal. ~hQJ;1.J2.G!~ings: All draWings. diagrams. illustrations. br-ochures. schedules and other data which 3r'e prepared by the CONTRACTOR. a Subcontractor. manufacturer. supplier, or distributor. and which illustrate the equipment, mater'ial or some portion of the wod~ and as required by the Contract Documents. ~~ PhYSical examples which illustrate materials, equipment or workmanship and establish standar'ds by which the Work will be judged. SpecificatiQJ1~ Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment, construction systems. standards and workmanship as applied to the Work. ?.!lj;g:ontr,actor: An indiVidual. finn or corporation having a direct contract with CONTRACTOR or With any other Subcontractor for the performance of a pan of the Work at the construction site. Sl,tQstantiaLCornp.1etLQ,Q; The date, as certified by the CONSULTANT. when the constnJction of the PrOlect or a certified part thereof is sufficiently completed. in accor"dance with the Contract Documents. so that the Project. or a substantial part, can be utilized fOl-the purposes for which it was intended without restriction or limitation to any degree. other than for the repair of minor "punch list" rtems; or if there be no such certification. the date when final payment rs due in accordance with paragraph 14.9. However. in no event shall the prolect or ponion thereof. be deemed to be substamially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governf11emal agency. A certificate of Substantial Completion. issued by the CONSUL TAf'H. shall be null and void if it is based on false. misleading or inaccurate information. from any source. Page 42 of 72 { I hom,!'-h..'p,' l I 4~::\~Ui4 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 nor'mally to be considered by the City to be minor "punch list" work. S.umiliQ.G Any person or organization who supplies materials or equipment for the Work, including r.he fabrication of an item, but who does not perform labor at the site of the Work. SJ,JJ:sm:; 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. set"vices and materials used on the proJect. WQrk: Any and all obligatiOns, duties and responsibilities necessary for the successful petformance and completion of the Contract. i':lgJ.i!':~ The tel'm "Notice" as used he.'ein shall mean :lnd include all wt'itten notices. demands, instructions, claims, approvals and disappt"Ovals required to obtain compliance with Contract requirements. WI"itten notice shall be deemed to have been duly set'ved 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 ot' sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City Manager and the CONSULTANT 8_RTICLE 2 -PI\E..LlMlN~ERS 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 responsiv(~ and responSible of 311 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 perfot'm the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit p"ices, if requested by the Bid forms. If the Contract is awarded, the CITY shaH issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. h~J,jlliln of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance. the Binder of Insurance if issued. the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of deSignated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such othet" Documents as reqUired by the Contract Documents shall be executed and deltvered by CONTRACTOR to the CITY within (en ( I 0) calendar days of receipt of the Notice of Award. A Corm'act 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 accouI1tIng for the other counterpart be deemed an onginal Contract Document. EQJJeitill::..tLQjJ~lQ.Ss;s;JU:jJ,)'!E'~dQ[m.ll!1~g_i!D9..J:\lYIljg1lL6.on g. if an.Y..AL'i.LL~.tr.9Sih1h<i..9..j2J21 icahl9....BF P~ 2.3 Withll1 (en (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Pedormance Bond and a Payment Bond containing all the prOVisions of the Performance Bond ~1nd Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and pe.formance of the Work covered in slIch Contract as well as full payment of all suppliers, matet"ial man, laborers, or Subcontt"actor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the I'(~quirements of Sections 234, 23.5. and 2 3.6. 23.2 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 2.3.3 Pursuant CO the requirements of Section 25S.0S( I). Florida Statutes. CONTRACTOR shall ensure that the Bond(s) referenced above shall be n~corded in the public records of Miami-Dade County and p,'ovlde CITY with evidence of Stich recording. Page 43 of 72 ; rlwma::.l ]l('IW, ,20j,1 ~ :~ H I ,~ 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 contll1uous operation for a least five (5) years. 2.3.5 The SlWety company shall hold a CUITent 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 shall only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder (0 execute and deliver the Contract, and deliver the required bonds and Insw'ancc documents shall be cause fOI' the CITY to :mnul the Notice of Award al1d declare the Bid and any security therefore forfeited. CQ!1t[.il't9r's_J>J:\l.cSJ.a_.cLR.ep~s.em.il!iQn; 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 t'egulations that may III any manner affect performance of the Work, and represents that it has correlated its study and obsel"vations with the requirements of the ContI-act Documents, CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsudace 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 kQ.rrun.~!1£.~mJ~!lL91J:Qn1r.a£LJjD1e; 2.5 The Contract Time shall commence to run on the date $(i!ted in the Notice to P,"oceed. Star:t!J.:!Z-chel'l·oject: 2.6 CONTRACTOR shall start to perform Its Obligations under the Contract Documents on the date the Contract Time commences to nm 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 pan of the Work, CONTRACTOR shall carefully study and compare the Contl'act Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULT ANT any conflict, error, 01- discrepancy which it may discover. Neither the OWNER 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. errOl", 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. 01" discrepancy in the Contract Documents. S<;.tL~(:tYl0 . .QLC;Qm!2~1!Qr1 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall s\Jbmit to CONSULTANT (Ot-approval, an estimated construction schedule indicacing the starting and completion dates of the various stages of the Work, and a preliminal-y schedule of Shop Drawing submissions. The CONSULTANT shall appl'ove this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there IS more than one CONTRACTOR involved in the Pt"oject. the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (S) buslI1ess days after delivery of the cxecuted Contl"act by CITY to CONTRACTOR. but before starting the Work at thc SIte, a pre-construction conference shall be held to review the above schedulcs, to establish pl"ocedurcs for handling Shop Drawings and other submissions, and for pmccssing Applications fOI" Payment, 3nd to establish a working understanding between the parties as to the ProJect. t, 1 hnm~1S t l't;pt;..2o l ~ ~\) J4 Page 44 of 72 Present at. the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. QlJqJifi£~I[Qn~LS.\J"b..I;Qn~L'l5,;IQD"Lt!~Q[iqLmJ~lL;UJ.dSllP.PJlll[s; 2, I 0 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 matenals 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 Conn'act Documents, Within thirty (30) calendar days after "eceiving the list, the CONSULTANT will notify the CONTRACTOR in writing if eithel" 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 confonnance with the reql~i,"ements d the Conn"act Documents 2.1 I If, pl'ior to the NotICe of Award, the CITY or the CONSULTANT has /"easonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, 5ubl'nir an acceptable substitute without an increase in its bid price, ARI1(;.LE1~QR.~LAIlQJ~LLNIIBP.BnATION AND INTENT OF CQNTRACT DOCUMENTS 3 I It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents, The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR, They may be altered only by a modification as defined in Article I, 3,2 The Contran Documents ar"e complementary; what is called for" by one is as binding as if called for by all the documents, If CONTRACTOR finds a conflict, erTor or discrepancy in the Contract Documents, it shall, before pl"Oceeding with the Work affected thereby, immediately call it to the CONSULTANT's anention in Writlllg, 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 Owner shall apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be imel"preted, unless otherwise specifically stated, to mean "fumish and install complete in place and ready for service", 3.4 Miscellaneous Items and accessories which are not specifically mentioned, but which are essemial to produce a complete and properly operating installation, or usable structure, pr"oviding the indicated functions, shall be fumished and installed without change in the Contract Price, Such miscellaneous itellls and accessories shall be of the same qualitY standards, including material, style. finish, str"ength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item 01< accessor'Y is an essentIal part, and shall be approved by the CONSULTANT before installation, The above requirement is not intended to includc major components not covc,"ed by 0" 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 obtam the best workmanship possible for the entire Project, and all components of the Work shall be installed or erecced in accordance with the best practices of the pan,cular trade. 3,6 The CONTRACTOR shall be responsible for making the construction of habitable structures undel" this Contract rain proof, and for making equipment and utility installations properly perform the specified function, If the CONTRACTOR is prevented from complying with this provision due to the Drawll1gs or Specifications, the CONTRACTOR shall Immediately notify the CONSULTANT in writmg of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable Whenever refer'ence is givcn to codes, or standaf"d specifications or Page 45 of 72 i l)om,\'> !'l"rh.~!) 1-4- i ';..; other data published by regulating agencies or accepted organil.atiom, including but not limited to National Electrical Code, applicable State BUilding Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest: edition including addenda in effect on the date of the Bid 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or p'-oduct specified by trade name, and that is slJitable for the same use capable of per-forming the same function, in the opinion of the CONSULTANT, as the material or product so specified. PI'oposed 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 fonh in Section 9.3 below. l I 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 pt-ecedence, 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 list(~d 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 (g) Written or figured dimenSions (h) Scaled dimensions (i) Drawings of a larger scale (j) DraWings of a smaller scale (k) Drawings and Specifications are to be considered complementary to each other AR 1'1 ClE '1-=-6Y.AlLA6.I.LlT::C_QELANQS .. S_u.B.SIJR.E6C...Ej:Ql:>,LOJI]_Qf'J5J~\EfER.ENaJ'.QjNJ-:s. Availability of Lands..;, 4.1 The OWNER 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 arc designed for the lise of the CONTRACTOR, Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, 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 ,-equired for tempol-at-y construction facilities or storage of material and eqUipment, 4.2 The CITY will, upon I-equest, fumish to the Bidders, copies of all available boundary surveys and subsurface tescs at no cost. $1LQ1;.urface.C9.DQition $: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the WOI-k, induding but not limited to those bearing upon transportation, disposaL handling and storage of materials, availability of bbor, watel" electric power, I'oads and Page 46 of 72 t" 1 hU!lld~ f' 2(Jl·~ 1·1 uncertainties of weather, river stages. tides. water tables or similar physical conditions at the site, the confol'mation and conditions of the gl'ound, the character' of equipment and facilities needed preliminary to and during prosecution of t.he Work, The CONTRACTOR fUt,ther acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofal' as this informaejon is reasonably ascertainable ft'om an inspection of the site. including all exploratory work done by the OWNER/ CONSULTANT on the site or any contiguous site. as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the avaiiable infet'mation shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER/ CONSUL.TAf'JT. QjfferiD~onditlons:. 4.4 The CONTRACTOR shall Within fOl'ty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 SubsUlface or latent physical conditions at the site differing materially (rom those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature. differing mater'ially 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 decl'ease in the CONTRACTOR'S cost of, or the time required fOl', performance of any pan of the Work undel-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, howevel" the time prescribed therefore may be extended by the CITY. but only if done in wl'iring signed by the City Manager 01' the CONSULTANT. ARTICLE 5 _ .. INSURANCE 5.0 The Contractor shall purchase insurance from and shall maimain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set fonh below which may arise out of or ,'csult from the Contractol"s openltions undel' 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: S.O.I claims under wOI'kers' 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 IIIlury. sickness or disease. or death of any person other than the Contractol"s employees; 5.0.4 claims for damages insured by usual personal injul'Y liability coverage; S.O.S claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use I'esulting there from; 5.0.6 claillls for damages because of bodily injury, death of a person or prope"ty damage ariSing our. of ownership. maintenance or use of a motor vehicle; S.0.7 claims for bodily mjury or property damage al'ismg out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the ContracwI"s obligations under the Contract. Page 47 of 72 1 illHnas I, l\>pe. 2!) 1 'l .j :'X 1·1 C;::qmr<i<';~9r:'S.bjill?jJityJnsliC'l!1.\;~; 5 i CONTRACTOR shall provide and malneain in force and effect until all the Work to be pedormed under this Contract has been completed and accepted by OWNER (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Flo,-ida approved forms and as set fonh below: 5. I I Worker's Compensation insUt"ance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable fede,'al laws. In addition, the policy(ies) must include: Employers' liability at the statutory coverage amount-The CONTRACTOR shall further insure that all of its Subcontractors maimain approp,-iate levels of WOI"ker's Compensation Insurance. 5.1.2 Comp,-ehensive Gene,"al Liability insurance with broad form cndol'sement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per· occurrence and $2,000,000 agg,'egate, including: Personal Injury: $1,000,000; Medical Insurance: $5,000 pe,' person; Property Damage: $500,000 each occurrence; Automobile liability: $1,000,000 each accldent/occurrence. 5.1.2.1 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000.000 Annual Aggregate, Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endol'sements, as filed by the Insurance Services Office. and must include: (a) Premises and Operation (b) Independent Contractors (c) Product~ and/or Completed Ope,·ation~ Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract. Including any hold harmless and/or indemnification agreement- (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage L,ability. 5.1 J 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 Slate of Florida, and must include: (a) Owned Vehicle:;, (b) Hired and Non-Owned Vehicles (e) Employers' Non~Ownership 5.2 Before startlllg the Work, the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY. as well as the insurance binder, the declaration page and all applicable endorsements and policies of insurance and p,'ovide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be ,-aced AVII or bettel" per AM. Best's Key Rating Guide, latest edition and authorized to issue Insurance in the State of Florida. All insurance must '-emain In full force and effect for the duration of the contract period with the Owner All InSlwanee poliCies must be written on fonm approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the Owner. The CONTRACTOR must prOVide not only a "certified copy" of the Binder but also the Policy. as defined in Article I above as well as the name. address and phone number of the agent and agency procunng the msurance In addition, the CONTRACTOR shall delive,', at the time of delivery of the Insurance cenificate, an endorsement to the policy naming the Owner as an additional named insured and an endof'sement that requires the insurer to provide the OWNER with notice, as set forth below, of ! 11011!,\\ l' i)'"~il~'.::U 1·1 ,) 2X .:!l).t Page 48 of 72 modification, hpse, termination or cancellation (including cancellation for non .. payment of premium) of the policy 10 days prior [() effective date of the modification, lapse, termination or cancellation, including cancellation fOI" non .. payment of premium. The notification shall be in writing and served by certified mail. with proof of deliver. on the OWNER. It shall be the responsibility of the CONTRACTOR as well as the insurer to notify the Ownl"r of modification, termination or cancellation, lapse or modification of any insurance coverage or poliCies insuring the CONTRACTOR, which relate to the activities of s!Jch CONTRACTOR and the City of South Miami. Therefore, the CONTRACTOR shall deliver. at the time of delivery of the insurance policy, the following endorsements unless the policy contains substantially Similar provisions: (a) "The City of South Miami is an additional inslired. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily inJury", 'property damage' , or "personal and advertising injury" and it will provide [Q the Owner all of the coverage that is typically provided under the st.andard Florida approved forms for commercial general liability coverage A and coverage B"; (b) "This policy shall not be cancelled (including cancellation for non-payment of premium), materially modified or terminated, without first giving the City of South Miami len (10) days advanced written notice of the intent to cancel or terminate the policy for any reason." 5,3 SUBCONTRACTS: The CONTRACTOR agrees that jf any part of the Work under the Contract is sublet. the subcontract shall contain the same insurance provision as set fot'th tn section 5,1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR and substituting the work CONTRACTOR for CITY or OWNER where applicable Fit~SLjlng.Qtended CQYerage Insurru1ceJ.B.lllLdeGi' Risk): S.4 In the event that this contract involves the construction of a structure. the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction. including foundadons, additions, attachments and all permanent fixtures belonging to and constituting a part of said bUildings or structures. The policy or policies shall "Iso cover machinery, if the cost of rllJchinel"y is included in the COrltraCt, 01' if the machinery is located In il building that is being n~novated by n:oason of this contract. The amount of insurance must at all times be at least equal co the actual cash value of the insured property. The poliCy shall be in the name of the OWNER and the CONTRACTOR, as their interest may appear, and shall "Iso covel" the interests of all Subcontractol"S performing Wode 5.5 The CONTRACTOR shall provide the CITY with evidence satisfactory to the CITY certifying that the foregoing insurance is in force; and such evidence shall include provisions that the Insurance shall not be canceled or materially changed until at least 10 calendar days prior wr'itten notice has been given by the insurel· to the OWNER by certified mail. MIKgllil!.ll'.Q\L~; 5.6 If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insw"ance have an expil'ation date that will occur during the period of this contract, the CONTRACTOR shall be responSible fOI" securing other acceptable inSlH"ance prior to such cancellation, change, or expiration so as to prOVide cominllOllS coverage as specified In this section and so as to maintain coverage dw"ing the life of this Conn"act. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the op(ion of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall pt"ocure a Bond, in a form satisfactory t.o the CITY covering the same. 5.8 The poliCies shall contain WillVe,. of subrogation against Owner where applicable, shall expressly provide that such policy or policies are primary over any other collectable insurance that Ownel" may have. The City reserves the I'ight at any time to request a copy of the reqUired policies for '"CVlew. All policies shall COlnam a "severability of interest" 01" "cross liability" clause Without obligation for premium payment of the OWNER. \ 1 )\)11\;\:_,!-J\~pe 2{) 1,1 .~ ~ (\ ,~l) 1 ,~ Page 49 of 72 ABT1C.LE._2...,,-CS::> N IBl,CIQJ~,:_S .R.E.SP_QNSJ611JILE.S S_\JJ?gl:yjJilQO.i!ng.S.~DIlliill~n.!;g; 6. I The CONTRACTOR shall supervise and direct the Work. It shall be solely respofl5iblc for the means, methods, techniques, sequences and procedures or construction. The CONTRACTOR shall employ and maintain a qualified supervisor or $upel'intendent (hereinafter refen'ed to as "Supervisor" at the Wo!"l< site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Wo,'k and within the time requir'ed by the Contr'act, as the CONTRACTOR'S represemative 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 presem at each Site at all times as reqUired to perform adequate super'vision and coordination of the Work. (Caples of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S horne office). 6. I I The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda. Modifications and Shop DI'3wings at the site at all tlrnes and in good ol-der and annotated to show all changes made during the constnJction 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. bilbo/:, MalerLalsan~:LE{LL!jpmCf]t: 6.2 The CONTRACTOR shall pr'ovlde competent, suitably qualified personnd to layout the Work and perform const/'uetion 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, transponation, construction equipment and machinery, tools. appliances. fuel, power, light, heat, local telephone, watel' 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 p"ovided In the Contract Documents. When special makes or grades 01 material which are normally packaged by the supplier or manufacturer are specified 01' approved, such materials shall be delivered to the site In thell" origillal 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 P"occssors, except as otherwise pr'ovided in the Contract Documents. t!'HQQClJ~L..E.Q.tUn,m ent~£,rg..llil£tLil!JSL$@llttjJ,tjQ1}§; 6.6 f"1atenals, eqUipment and pl'oducts Iflcorporated In the INork must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed marerials, equipment or products, together with such samples as may be necessary for them to deter-rnine their acceptability and obtain their appl'oval. within ninety (90) calendar-days after award of Contract unless otherwise stipulated in the SpeCial Conditions. No I'equest for payment for "or equal" equlpmem will be approved until this list has been received and approved by the CONSUL.TANT 6.6. I Whenever' a material, article or piece of equipment is identified on the Drawings or Specificanons by reference to brand name or catalog number, It shall be understood that this is I'eferenced for the PUI-pose of defining the performance or other salient ,-equin:ments and that other products of equal capacities, quality and funct.ion 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 Contl'act Documents by I'eference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such mater'ial, article. or piece of equipment is of equal substance and function to that specified, the CONSUL T ANT may approve its substitution and llse by the CONTRACTOR. Incidental Page SO of 72 1 ih\n',,,·~ i I ":PL' 2li 1 ,j ,j .>S 11 changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Comract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the whtten appl'oval of the CONSULTANT who shall be the ludge 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 01' 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 bdon:: completion and acceptance of the Project. All such Wo,·k 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. CQ.o.cemiD~.sllbcon ~GL<;.t;Q.r:~ 6.7 The CONTRACTOR shall nor employ any Subcontl'actor. against whom the CITY or' the CONSUL TANT 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 Omi5Sions of persons directly employed by them. Nothing in the Contract Documents shall cl'eate any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nOl' shall it create any obligation on the part of OWNER or CONSULTANT to payor to see to payment of any persons due subcontractor or other person or organizatioll, except as may otherwise be required by law. CITY 01' CONSULTANT may furnish to any Subcontractor or other pel'son or organization. to the extent practicable. evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule val lies. 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 agrel~s to bll1d specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6. I I All Wurk pel fUlmed fur the CONTRACTOR by a Subcontractol' shall be pursuant to an approprintc agreement between the CONTRACTOR and the Subcontractor. 6. I 2 The CONTRACTOR shall be I'esponsible fOl' the coordination of the trades, Subcontractors material and men engaged upon theil" Work. 6.12. I The CONTRACTOR shall cause appl'opriate p"ovisions 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 Wol"I< of Subcontractors. and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 612.2 6 12.3 1 honhh! !"t'rh:, :~o i'~ '. :K _:\114 The CITY or CONSULTANT will not under·take to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. If 111 the opll1ion of the CONSULTANT. any Subcontractor 011 the Project proves to be incompetent or otherwise unsatisfactory. they shal! be promptly I'eplaced by the CONTRACTOR If and when directed by the CONSULTANT in writ1r1g. Page 5 I of 72 6.12A Discrimination: 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 . .Pats:nt .. f~es. iln£! RQ.Yalt.L~~; 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs irleident 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 hal<mless the OWN!;R al1d the CONS:ULTANT and anyone di,'ectly 0" 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 I·ights, 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and I'oyalties 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. Egrmits; 6. I 5 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 ill 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 J"JghJiQg; 6,16 Electrical power required during construction shall be provided by each prime CONTRACTOR as reqUired by it, ThiS service shall be Installed by 3 qualified electrical Contracto,· approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and propel' workmanship, for Inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws iln~ Reg\Jlations; 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 CONSULT ANT 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 co'llrary co such laws, ol'dinances, 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 I'esponslbility to mal<e certain that the Drawings and Specifications are in acco,·dance with such laws, ordinances, rules and regulations. D i)t\:J:!Jl111111l1Q]J.; 6. I 7 A No action shall be taken by the Contractor with regal'd to the fulfilment of the terms of the Contract. including the hinng 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 oriemation, familial status or disability. 1<)2:Q.~; 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be mcluded in the Contract Price stated by the CONTRACTOR, !. rlwma-> i Pq>c-. 1 .co :" 1·1 Page 52 of 72 S1!.!GhX mlqf.CQl~<;JLQ!l; 6.19 The CONTRACTOR shall be t<csponsibie for initiating. maintaining and supervising "II 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 t.o: 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 fOt' t'emoval. relocation or replacement in the course of constnJction. 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. Em~JJ~i~; 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 CONSUL T ANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional WOt-k 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 pt-ovided in A,-ticles I I and 12. Shop Draw~ anCLSllITlpleS; 6.22 After checking and vertfying 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 chccl<ed 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 I-espect to dimensions. design (t-iter!a. 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 If1 Wo.-i<. all samples requwed 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 t'equit-emcnts of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples. but his review shall be only fOtO 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 t'eturn the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT. in writing. of any prior Shop Drawing or' revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings 0'-sample shall constitute n~p"esentation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities. dimension, field constrllction criteria, materials, catalog numbers and similar data or they rtssume full t-esponsibility for doing so. and that they have reviewed 01" coordinated each Shop DraWing or sample with the !<equitOemcnts 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 ,-eviewed and approved in w,oicing by the CONSULTANT. A. copy of each Shop Drawing and each " ) lhl!llclS I· Pl.:\l~. 20 1·~ l'X .:111·\ Page 53 of 72 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 Of' 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 wt'iring, to each deviation at the time 01 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 OWN~R fOt, 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 LIp behind the Work as much as is reasonably possible as the WO/"k progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the OWNER. 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 OWNER is necessary priol' 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 Wor'k 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 t'cfcrred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Pllb.ILcCQD.Y~D.~11\;.s:..ll.od_$.gLGJ;.:y; 6.30 The CONTRACTOR shall, at all times. conduct the Work in slIch a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the t'esidents along and adjacent to the area of Work shall be provided fOt' 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 I-equired 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. SanAm,Jrovisions; 6.3 I The CONTRACTOR shall pmvide on-site office, and necessat"y toilet facilities, secluded from publiC observation, for usc: of all personnel on the Wod< Site, whether or not in his employ. They shall be kept tn a dean and sanitary condition and shall comply wtth the requit'ements and regUlations of the Public Authorities haVing jut"isdiction. They shall commit no public nuisance. Temporary field office and s3111tary bcilities shall be t"emoved IJpon completion of the Work and the premises shall be left clean. Ind cmrufi cW.911 6.32 The CONTRACTOR shallll1demnify and hold harmless the OWNER and the CONSULTANT, as well as their officers. agents and employees or any of them from and against claims, damages, losses and expenses (including but not limited to attorneys' fees) received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused in whole or in part by the negligent acts or omissions of the CONTRACTOR, a Subcontractot·, or anyone directly or indirectly employed by them or anyone fOl" whose acts they al'e liable. Thts Indemnification provision is cumulative with all other remedies or other indemnification provisions cont:lll1ed in (he Contract Documents. The CONTRACTOR shall pay all claims and losses of any kind or- nalUrc whatsoever, In connection therewith, mcluding the CITY's attorney's fees and expenses til the \ rh\)!lld:, j: \\:p..:. ~~(Jl·~ 't 20 2ill j. Page S4 of 72 defense of any action in law 01' equicy brought against the Owner arising from either the negligent, willful, wanton or intentional error. omission, or act of the CONTRACTOR, its sub-contractor or assigns as well as all of their agents, representatives or employees, incident to, arising out of Of' resulting from the performance of the CONTRACTOR's services under this Agreement. The CONTRACTOR agrees and recognizes that the Owne,' shall not be held liable or responsible for any claims, induding the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR, its sub-contractor or assigns as well as all of their agents. representatives or ernployees, In reViewing, approving or reJecting any submissions or acts of the CONTRACTOR, the Owner III no way assumes or shares responsibility or liability of the CONTRACTOR, 01' Its sub,cont"actor or assigns, 01' any of theil' agents, representatives or employees 6.33 In the event that any action or proceeding is brought against OWNER 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 ciaims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the inJuries arose out of the sole negligence of OWNER or CONSULTANT 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSUL TANT. its agents or employees arising out of (a) the preparation or approval of maps. drawings. opinions. reports. surveys, Change Orders, designs 01' 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 6.34A All of the forgOing Indemniflcation 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 ali insurance coverage required by Section 5.1 of this document. Indemnification is limited to darnages caused in whole or in part by any act. omission. or default of the Contractor, the Contractor's subcontracto,'s, sub·subcontractors, materialmen. or agents of any tier or their respective employees to the extent caused by the negligence. recklessness. or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the conscruction comract. RespQ.[l~ibili~yJor Connection to Existi.r:lL'lYQt:!s;. 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 I'equired 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 nghts-of- ways of streets. highways. pub"c carner lines, utility lines. either aerial, sudace or subsurface, etc., shall be done in accordance with requirements of the special conditions. The OWNER will be responSible for obtaining all perrnits necessary for' the Work described in this paragraph 6.36. Upon completion of the Work. CONTRACTOR shall present to CONSULTANT (enificates, in triplicate. fr'om the proper authorities, stating that the Wo!'l< has been done in acco,'dance with thei,· ,'equin::l11cnrs. 6,36.1 The CITY will cooperate with the CONTRACTOR in obtaining action f!'Orn any utilities or public authonties involved ,n the above requil'ernents. 6.36.2 The CONSULT ANT shall be responsible for obtaining elevations of curbs and gutters. pavement, storm drainage structures, and other items which must be established by governmental departments as soon as g,'ading operations are begun on the site and. in any case. suffiCiently early III the construction period to prevent any adverse effect on the Prolect. !;;:oQPeration .!YitD.iiSJVern me nl11U2§!!_mm~.D.li.J)u b I ie Uti I i ti~ E tc.~ 6.37 The CONTRACTOR shall be responsible for making all necessMY a'Tangements with governmental departments. public utilities. public CatT,ers. service companies and corporations (hereinaftel' ,'eferred to as "third pal'ties") owning or controlling roadways. railways, water, sewer, gas, eleco'ieal conduits, telephone. and telegraph facilities slich as pavements. tracks. piping. wires, cables, conduits. poles, guys, etc. including incidental structur'es connected thet'ewith. that are encountered III the Work in o,'der that 1 1l0J1);\ ") 1 j\.·pl' .:(I)·i .\ '\ "'1-1 Page 55 of 72 such items are properly shored. supported and protected. that their location is identified and to obtain authority from these third parties fot' 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 pet'form their necessary work. and shall pay all charges and fees made by such third parties for their WOI'k. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities. and others in repairing or moving poles. conduits. etc. The CONTRACTOR shall cooperate with the above parties in every way possible. so that thG construction (:'In be completed in the least possible time, 6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances. and regulations which in any manner affect those engaged or employed in the Work. or materials and equipment usc in 0" 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 lJ~.e Premises; 6.38 CONTRACTOR shall confine its apparatus. storage of mater-iais, 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 1:0 stresses or pressures that Will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in t'outing and parking of automobiles of its employees, subcontractors and othet' 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 worl<ers employed by it or by its Subcontnlctors, Temporary offices shall be prOVided and located where dlrecred and approved by the CONSUL.TANT. All slich facilities shall be furnished in strict accordance with existing governing regulations, Field offices shall include telephone facilities, Protection of Existing PropemJm,g!:9..Y~ll!im}; 6.39 Any existing surface or subsurface improvements. slich 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 altel'ed shall be protected from damage during construction of the P,'oject. Any such impt'ovements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract, ARTICLE 7,=JCoLQJ3.LBY OTHERS 7 I The CITY may perform additional Work I"elated to the Project or may let other dil'ect contracts thel>efor which shall contain General Conditions similar to these, The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the OWNER, If it is performing the additional Work itself), reasonable opportunity for the introduction and storage of matedals and equipment and the execution of Work. and shall properly connect and coordinate Its Work with theil'S. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any ethel' contl'actor 01' the OWI'JER. the CONTRACTOR shall p,'ornptly repon to the CONSULTANT in Page 56 of 72 !'hOJil,~:-' r Pqi'..'. 2~!ll t ~ 2,~ ! ,) wnting 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 I·equired to make its several parts come together properly and fit to receive or be received by such other Wo/'k, The CONTRACTOR shilll not endanger any Work of others by cuning, excavating or otherwise altering their Wol'I< and shall only cut or alter their Work with the written consent of the CONSULT ANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR p,-io,-to stal'ting any such additional Wade If the CONTRACTOR believes that the performance of such additional Work by the OWNER 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 WOl'k in order to prevent delay III the execution thereof. 7,8 Each of several contractors workmg on the Project Site shall keep themselves informed of the progress of the work of other' contl'actors, 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 itern(s) or service(s) in a timely manner as requested, to obtain the good andlol' scrvice5 from other SOU/'CeS and deducting the cost kom tile Contract Price without violating the intent of the Contract, AR TIC L E..lL:-,J:1I.Y~.$.-l1E.Sf'QbtSl6J.L,mES 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 fonner CONSULT ANT. 8.3 The CITY shall promptly furnish the data reqUired of them under the Contract Documents, 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4,2. 8,5 The CITY shall have the right to take posseSSion of and use any completed or partially completed portions of the Work. notwithstanding the fact that the time for completing the entire Work or any portion thel'eof may not have expired; but such taking possession and use shall not be deemed an acceptance of any VVork not completed in accordance With the Contract Documents. AB TI<;:l..~ 9~<;:Qf':l.sW.bl'l:.\f':lIS· .. SJ:6IIJS .. QIJB.1 f':lg<;:QNSmlJ.<;:IIQ.f':l <;:it.i.~M!Kt;:SJ'lnmi~t;:.; 9. I The CONSULTANT shall be the CITY'S representative dUring the construction period. The duties and responSibilities and the ilmitations of authority of the CONSULTANT as the CITY'S representative during ~" ! hll!l1,j',! Pqk :i) l·~ ·t 21-\ 2(} j-t Page 57 of 72 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 I 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 comracc, 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. Y~L1;L~-.Sl~; 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of constr'uction 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 dir'ected toward pl'oviding assurance for the OWNER 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 OWNER 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 requil-ed to submit a timely claim as proVided in Anicles I I and 12, !::1eaS_ill:.!::.ment of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT aceol-ding to the United States Standard Measures, All linear sur-face measurements shall be made horizontally or vertically as I'cquired by the item measured, Rejecting Defective Work~ 9.5 The CONSULTANT shall have authority to disapprove or relect 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 fabl'kated 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, $J}oR .Qr;1\NJnlls~S;h;iD$-<2.L<1.;u:1Ulmi£ilYlllfi!DI;;; 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, sec 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. 9.8 In connection with the CONSULTANT I'esponsibilities with respect to the Application for Payment, etc" see Article I 4, Qg~jdLQnLQDQj.sagrQgmQIm.;. 9. 10 The CONSULTANT shall be the initial Interpreter of the Construction Documents. rlWIH:.I\ I' hqw :?i!l.~ 't ~~:) :O!·.j Page 58 of 72 Lim Icati9l1LQn£9.!l!iIAJ"JI n t' s Re~Qnsibil W.g~~ 9.1 I The CONSULTANT will not be responsible for the construction means, methods, techniques, seqll<::nces or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be I'esponsible for the acts or omissions of the CONTRACTOR. or any Subcontractor's, or any of their agent. servants or employees, or any other person performing any of the Work under or through them. 6.RTICLE 10 .. CHANGES IN :n-iLvy'ORK 10, I Without invalidating the Contract. the CITY may. at any time or from time to time, or"der additions, deletions 0" ,'evisions 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 autho"ized written Change O"de,' 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 and the CONTRACTOR indicates their agreement to the terms of the Change Order All Change O"ders shall be cenified by the CONSUL TANT 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 O,"der 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 fow' (4) days thereafter. othClwise the CONTRACTOR shall be deemed to have waived such claim, 10,3 Additional Work ped'ormed by the CONTRACTOR without authorization of a wrinen Change Order shall not entitle it to an increase in the Contract Price or an extension of the Comract 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 cornmencernent of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjusrment in the Bond amount and any such delay shall be charged to the CONTRACTOR 6RI1CJi __ LL_..h:HAN GE Q,F.'<:;Qt{IB6Q J'BK.E I I, I The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties. responsibilities and obligations assigned to 01' undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. I 12 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: Ii ,2, I Specifications (including draw,ngs and designs); I 1.22 Method at' manner of perio,'mance of the Work, I i .2,3 Clry ·furnlshed facilities, equipmem, materials, services, or site; or Page 59 of 72 (' 1 ihJ!J);b !,' !\.:'fh:, 201·1 4 .~ Ii 14 I 1,2.4 Acceleration in the performance of the Work. I 1.3 Except as provided ill this section, or sections t'eferred 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 fOI" in a whtten Change Order. or as othelwise 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 dollal' amount of the Change Order. If any Change Order cause~ 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 t.imely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. I I.S If the CONTRACTOR intends to assert a claim fOI-an equitable adjustment 01-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 monetal"y extent of such claim for equitable adjustment. time extension requested and sUppol-ting 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. I !.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Pr-ice shall be determined in one of the following ways: I 1.7.1 By negotiated lump sum. I 1.7.2 On the basis of the reasonable cOSt and savings that results from the change in the Work plus a mutually agl-eed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all COStS together with backup documentation I 1.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise Illay be agreed to in wl'iting by CITY, such costs shall be in amounts no higher than those p"evailing in Miami-Dade County and shall include only the follOWing items: I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described jf) the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll com 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 indude social security contl'ibutions. unemployment, excise and payroll taxes, workers' compensation. health and retirement benefits. sick leave. vacation and holiday pay applicable thereto. Such employees shall include superincendems and foremen at ,he site. The expenses of performing WO"k 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 ehe CONTRACTOR or those actmg by or through him 01' due in whole 0'-in pan to Defective Work of the CONTRACTOR. I 1.8.2 COSt of all materials and equipment furnished and incorporated In t.he Work. including costS of transportation and storage. and manufacturers' field services reqUired in connection therew.th. The CONTRACTOR shall notify the CITY of all cash discounts that al-e available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for Items that offer a discount. Cash discoullt5 shall accrue to CONTRACTOR unless the CONTRACTOR fails to tIInely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR with which to make payment.s ill which cases the cash discounts shall accrue to the OWNER. All trade discounts. rebates and refunds. and all returns from sale of surplus m~terials and equipment shall aCCI'ue to OWNER. and CONTRACTOR shall make pmvisions so that they may be obtained. t' ! hum,!:, i I\:pt< ,~(il,~ l ~:-; Page 60 of 72 I i .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 I 1.8 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 appl"Oved 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 t'ental 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 govef"llmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. I 1.8.8 Minor expenses such as telegrams, long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection with the Work. I 1.8.9 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. I 1.9 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 01' a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I IS. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any par"t of CONTRACTOR'S capital expenses, including liller-est on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph I 1.8.9). I 1.9.5 Costs due to the negligence of COI\JTRACTOR, 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 wr'ongly supplied and making good any damage to property. I 1.9.6 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 fcc which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10. i A mutually acceptabie firm fixed price; or" if none can be agr'eed upon. I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I I I I The amount of (r"edlt to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as prOVided in I 1.8. When both additions and credits are involved in anyone change. the net shall be computed to include overhead and profit. identified separately, for both additions and credit. prOVided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. (-I'!Hlma~ F Pep'..', ;~() 1 ,! ..j ,;i{,;f)H Page 61 of 72 ART1Cl,.EJ2-.TlHE FORCOMPLETJON •.. l,IQU I DAI E.D D.AMA5:i.ESt:lNQC!::LANGE.Qf. . II:::l.E .. C.oHI.BAC.LTIM.e 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Wod< 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 agr'eed, by and between the CONTRACTOR and the OWNER, that the Contl'act 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 Contl'actor 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 OWNER 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 OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the partics. I'ecognizing the impossibility of precisely ascenaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute conce.-ning the ;lmount 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 wne (or completion is given 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR fot' the Work undel· 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 wntten 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 supponing datil. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S I'epresentative. 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 fOI' delay shall be allowed because of failu,-c to furnish D"3wings before the' expiration of fOlll'teen (14) calendar days after demand has been made in wdting to the CONSULTANT for such Drawings. Furthermor'e, there shall be no monetary compensation for such delay and the CONTRACTOR's sole r'emedy shall be an extension of time for the period of delay. 12.7 Excensions to the Contract Time for delays caused by the effects of inclement weather shall not be g,·anted unless the weather was unusual for South Florida and could Ilot have been amicipated, the abnor'mal weather is documented by records from the national weather service and the abnormal weather' r5 documented to have had a substantial affened on the construction schedule. I 2.8 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 cumulativciy, and then the damages shall be limited to IflCl'eased cost of materials that were unamicipated and that would not have been incurred but for the delay Other than as set forch above, the only ,-emedy for any delay shall be IlI11ited to an extenSion of time as provided for in Section 12.4 which shall be the sole and exclUSive remedy for such I'esulting delay. Other than as set forth above. CONTRACTOR shall not be entitled to an increase in the Contract Price 0" payment 01' compensation of any kind from OWNER for direct, indirect, consequential. impact or other costs, expenses 01' damages. including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, anslng because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disf'uption. interfel'ence or hindrance be reasonable or un"'"asonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that al~e not presented to the City in writing 011 01' before the 21 \l day following the date of the event upon which the claim is based. I [homa', 1 ~\'Pf;, ,;,1)l,+ f 2 ~{ Page 62 of 72 ARIICLE.IJ . .:.G.UAMNIEE 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 Acceptanc;e as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was fir'st obset'vable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) yeal's 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 f'easonable pf'omptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work Within (en (10) calendar days after' haVing received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fat! to pmsecute the corrective work continuously and diligently and in accordance with the Contract Documems, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in pat-t 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 wan-anty periods listed in the Contract Documents, if different from the period of time listed in Section 13, I, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, 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 ai' services frorn 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 f'edelivered at hiS expense. Rejected goods left longer than thiny (30) calendar days shall be rega,-ded as abandoned and (he City shall have the r-ight 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 ~_Q M f>l[;I!QN Payments to Contractor 14. I 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 ordef''', 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 mOI-e often than once a month), the CONTRACTOR shall submit to the CONSULTANT a panial payment estllnate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supponed by such data as the CONSULT ANT 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 IIlcorpo'-ated into the work during the period of time fOf' which the p,'evious progl'ess 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 delive,'ed and suitably scored at or near' site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY. which establishes the OWNER'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 cove";ng the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged 01' stolen befol'e installation. The CONSULT ANT will within (en (10) calendar days after rece'pt of each partial payment estimarc, either certifying in writing its approval of payment and present the partial payment estimate to the OWNER, 01' I"eturn the partial payment eswnate to the ! 111,n~!,,,, 1 !\.'I)\.~ ~:(}!.~ -t .:;-: .~U!·~ Page 63 of 72 CONTRACTOR, Indicating in writing his reasons for i'efusing to approve payment. In the latter case, the CONTRACTOR may make the nl~cessary COITections and ,"esubmit the partial payment estimate. The OWNER, will within thirty (30) calendal' days of presentation to it of any approved partial payment estimate. pay the CONTRACTOR a progress payment on the basis' of [ill'. approved partial payment estll·nate. The OWNER. 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 OWNER 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 pet'sons who have pedonned 0'" fum;shed labor. set·vices or materiab, 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 sllch person. CQLl.tt:il~.tQx~s"W;m:.a.o,t)Ull..Ii!J£ 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 OWNER 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 0/" such othe,· person, 6j2provaLQ.LPElJ)QD.! 14.4 The CONSUL TANT'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 obse,'vations of the Work in progress as an experienced profeS5ional and on his review of the Application for Payment and supporting data. that the Work has progressed (0 the pomt Indicated 111 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 :lpproval); 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 represemed 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, 01" that title to any Work, materials, or equipment has passed w the OWNER free and clear of any liens.14.S The CONTRACTOR shall make the following certification on each request for payment: "I he,"eby certify that the labor and materials listed on this request for payment have been used in the construction of this \No,'k and that all materials included in th,s request for payment and not yet incorporated into the construction are now on the site or stored at an approved localion, 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 tile CONTRACTOR's payment until the issue is resolved by written agreement between them and then a Joint check shall be made payable co the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by th(~ OWNER umil a judgrn(;nt is entered in favor of the CONTRACTOR or the person, 111 which Page 64 of 72 t '[ hnmas 1-f\:p\: 2U!-4 '!::K ! . .} case the money shall be paid accOI'ding 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 I'epresentations to the OWNER 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 OWNER from loss because: 14.6. I 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 venfied, 14.6.3 claims of Liens have been filed or received, Ot' there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced becau5e of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with At'tiele 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 penistent failure to cooper"ate with other contractor's 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 <lny other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the OWNER, 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 dght to enter the p,"emises for the purpose of doing Work not covered by the Corm'act Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responSibility for the care and protection of the Work, 0" the restoration of any damaged Wol'I< except such as may be caused by agents or employees of the OWNER. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Cel"tificate 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 ,"etained percentages, but except such sums as may be lawfully retained by the OWNER, 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 ePayabies Vendor with the Owner. The Bank of America ePayabies Solution is an automated card payment process that shifts accoullLs p'lyable disbUt'sements 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 I'emittance advice will be sent via e,mail, or fax, which notifies the CONTRACTOR that the funds have been transferred rn 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 OWNER's Finance department at (305) 663-6343 with any questions. Accepldnce of Fina.L.fjlYlllg)}.Li!~.Bi"Jease 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall opet'ate as .1 ,'elease to the OWNER and a waiver of all claims and all liability to the CONTRACTOR other dun 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 OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the COI'HRACTOR or its sureties from any obligations under the Corm'ace Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any cenification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: Page 65 of 72 j hom,!"> 1-!\:pc \·1 .~ "'.i .'1) q 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 prolect is no longer Substantially Completed, or in the case of Final Completion cer'(ification, 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. 14,123 claims 0/' Liens have b{!en filed or received, or there is /'easonable 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, 14,13 If the CONSULTANT de,certifies any portion of the Work that was certified ("Initial Certification") by the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a result of said Initial Certification being issued which shall be paid only when the decenified work is re"cenified, AJU1Cl,J;J2..::2\"Lst'!;tISlQI':LQE WQgK,A.NQJERMJblAI!Q_N 15, I The CiTY may, at any time and Without cause, suspend the Work or any ponion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed, The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I 01' Article 12, <;;:11yJ'1.Jl'tIgrmJ!laJ~ 15.2 If the CONTRACTOR is adjudged banki-upt or ,nsolvent, or if he makes a general assignment for the benefit of its creditors, 01' if a trustee or ,'eceiver 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, 0/' if he repeatedly fails to make p/'ompt payments to Subcontractors or for labor, materials 0/' equipment or he disregards laws. ordinances. rules, regulations or orders of any public body having junsdinion, 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 01' I'emedy and after giving the CONTRACTOR and the Surety Seven (7) calendar days writl:en notice, tenninate the services of the CONTRACTOR and take possession of the P/'oject 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 slIch case the CONTRACTOR shall not be entitled w /'eceive any further payment until the Wo/'k 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 01' the Surety on the Per'formance Bond shall pay the difference to the OWNER, Such costs I/lcurred by the OWNER 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 OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuanr 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 OWNER against the CONTRACTOR then existing 01' which may thereafter accrue, Any ,'etermon or payment of moneys by the OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability l' i hOI !l,1~, 1, l\'pc ::{) 1 ,j 4~0,~IJH Page 66 of 72 154 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 01-remedy, elect to terminate the Contract for the convenience of (he OWNER, In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of t.he date of the termination, minus any deduction for damage OJ' Defective Work. No payment shall be made for profit for Work which has not been performed, ISAA The CITY reserves the right in the event the CONTRACTOR cannot provide an irem(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sOIJl-ces and deducting the cost from the Contract Price without violating the intent of the ContracL B.gmo.Y.aloU,QJJ.is;ll!llill.t 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 '-emove any part or all of its equipment and supplies from the property of the OWNER, 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 OWNER 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. C_QDJ;Dl!:.t9J:J1ay_SrQj2 Work or Is:rminate 15,6 If, through no act or fault. of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the CITY 01-by ol-der of other public authority, or under an order of coun or the CONSULTANT fails to act on any Application for Payment Within thirty (30) calendar days after it is submitted, or the OWNER 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 OWNER has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due, In,Q.~m.nJfication of Indep~ndent .GQJt~j,ll!a!1..L. 15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an mdependent contractor of the OWNER, the CONSULTANT may be I-eluctant to rule on any disputes concel-ning the Contract Documents or 011 the performance of the CONTRACTOR or the OWNER pursuant to the cerms of the Contract Documents, Ther'efore, the OWNER. at the CONSULTANT's I'equest, agrees to provide the CONSULTANT With a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any deciSion in this I-egal-d before the CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decer-tifies Final Completion, certifies an event of default. or approves any action Which requires the approval of the CONSULTANT AR.-IK:LE~,~JjlSCEl,hm(;,Qj.LS 16, I 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 01' to a member of d1e finn or to an officer of the cOl'poration for whom it is intended, or if delivered at 01' sent by regiswred or certified mail, postage prepaid, to the last known business address, 16,2 The Contract Documents shall remain the property of the OWNER 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 Supplememal Conditions, if any, and the I'ights and !'ernedles available hereunder, and. in particular but without limitation. the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Page 67 of 72 {." ! h~\llq:-, I,' I\_~')h: 4 :.1 l,i Documents and the rights and t'emedies available to the OWNER and CONSULTANT thel'eunder, 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, 164 Should the OWNER or the CONTRACTOR suffer injury Ot' 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 fOl' 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, AB..II C L~LL-=-Y:iAI,{E.BQE I U R Y _Till6J" I 7. I OWNER and CONTRACTOR I<nowingly, 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 arisrng out of the Contract Documents or the pelformance of the Work thereunder. f:\RTICLE.JJ1,~6~IJ_Q..~NEY§ FEESJ1JBL$QK:_ILQ"'LLY!;i":lJL~,L(iQY!;J~.!:',IJHGJ.,"AY.Y 18,1 The Contract shall be construed in accordance with and governed by the law of the State of Florida, 18,2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action af"ising out of or relating to the Contract or Contract Documents, Venue of any action to enforce the Contract shall be in Miami-Dade County, Florida, 18.3 If either the CITY or CONTRACTOR seeks co enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled co recover all such costs and expenses, including, but not limited to, COlWC costs, and reasonable attorney's fees, 18,4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims. disputes and other matters It1 question between the OWNER and the CONTRACTOR at'ising out of or relating to this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the State of Flonda, ARTIC.,lE 19 " PROjEC;;;;T RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim fOl' 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 Pmjeet 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 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.1 19,070 I) while providing sel"vices on behalf of the OWNER and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts fOI-this Project CONTRACTOR and its subcontractors are specifically required to: (3) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to pelform the service; (b) Provide the public with access to public l'ecol"ds on the same terms and conditions that: the public agency would p,'ovide the records and at a cost that does not exceed the cost provided in this chaptel" or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public rccNds disclosure requirements are not disclosed except as author-ized by law: and (d) Meet all requit'ements for retaining public records and tl'ansfer, at no cost, to the public agency all public records in possession of the contractol' upon tennination of the contract and destl"OY 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 ~: I hotna~;! !\:pe. 20 l·l 4 :::X .. ~!? 1 ,l Page 68 of 72 i 9.3 If CONTRACCTOR or ItS subcontranor does not comply with a public records I'equest. the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shaH be liable to OWNER for its costs of enforcing this provision. including anorney fees incurred in all proceedings, whether admll1istrative or civil court and in all appellate proceedings, AJ:ULCU_,4Q-=.2EVEFl.j~.121ltTY 20. I If any provision of the Conu'act 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 unenfot'ceable shall not be affected thereby. and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. t\RIICl,Ill, -INDEPENDENT CONTRACTOR 21 I 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 OWNER. Personnel policies, lax 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, AgIICl"LU.:::..AS,SlGJ:--J,M ENT 22. I The CONTRACTOR shall not transfer or assign the performance, duties, obligations and responsibilities I'equil'ed by the Contract without prior written consent of the City. CONTRACTOR shall not assign or transfer its dghts undel' thiS Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay iu 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 r-equirements to the City's sole satisfaction, executes all of the Corm'act Documents that were required to be executed by the CONTRACTOR and pl'ovided the CONTRACTOR remains jOintly and severally liable for any breach of the Agreement by the assignee. IN WITNESS WHEREOF, the panics hereto have executed the General Conditions to acknowledge theit' inclUSIon as part of the Contract Documents on this ___ day of _~,,_,, ______ ' 20_~~,_. WITNESSES: AUTHENTICATION: Signature: Mat'ia Menend,~z City Clerk Read and Appr-oved as to Form, Language. Legality. and Execution Thereof: City Attorney \" ! hom;l~ ( h:pc', ~() j·t -~ 2K !·i CONTRACTOR: Signature: ____ ~ ..... _ ... _,_. ___ _ Name: .. _" .. _ .. ~" .. _ .. _~ ___ ,_, __ "._, ... "_ .. ,,, OWNER: CITY OF SOUTH MIAMI Signature: __ "._._. Steven Alexander City Manager- Page 69 of 71 Supplementary Conditions Sunset Drive Downtown Median A Consultant In acco!'dance with ARTICLE I of the General Conditions CONSULTANT is defined as the the person Identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any, and the City's Designated Represent.ative's name, address, telephone number and facsimile number are as follows: Consultant: City'S Designated Representative Ricardo A Ayala, P.E. Capital Improvement Project Manager 4795 SW 75 Ave 400 Miami, FI. 33! S5 Phone 305·403 .. 2072 Fax 305-668·7208 B. Supplemental Definition: Work that does not conform to the Contract Documents includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection .. !'efel'ence standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULT ANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). C Termination or Substitution: Nothing herein shall prevent the CITY from terminating the servIces of the CONSUL T ANT or from SUbStituting another "person" as to act as the CONSULTANT D_ Disputes: If any dispute concerning a question of fact arises under the Contract, other' than termination for default or COllvellience, the CONTRACTOR and the city department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be ,-esolved by agr'eement, then the department with the advice of the City AttOrney and the CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be binding on both parties. E. Non-conformance to Contract: The City of South Mial'l1I may Withhold acceptance of, or reject items which are found upon examination, not to meet the speCification requirements or conform to the plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or reinstalled 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 daml to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result In the CONTRACTOR being found itl default F. Default Provision: In case of default by the CONTRACTOR, the City of. South Miami may procure the ,\I,ticles or ser"yices from othe,-sow'ces and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby G. Secondary/Other Concraccor's: The CITY I'eserves the right in the event the CONTRACTOR cannot provide an itern(s) or service(s) in a timely manner as requested, t6 obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Conn-act. H. Assignment: The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responSibilities arising under the terms. conditions and provis,ons of thiS Contract without prior written consem of the City Manager The CITY will not: unreasonably withhold and/or delay its consent to the aSSignment of r!WfH.Ci I-!\'!k .. ~~(j j). ~(jH Page 70 of 72 (he CONTRACTOR's r-ighrs The CITY may, in its sole and absolute disCI'etlon, refuse to allow tile CONTRACTOR to assign its duties, obligations and responsibilities, In any event, the CITY shall not consent to such assignment unless CONTRACTOR remains jointly and severally liable for any br'each of the Agreement by the assignee, the assignee meets all of the CITY's requirernents to the CITY's sole satisfaction and executes all of the Contract Documents that were reqUired to be executed by the CONTRACTOR,. L Plans for Construction: The successful CONTRACTOR r will be furnished four sets of Contract Documents without charge Any additional copies required will be furnished to the CONTRACTOR at a cost to the CONTRACTOR equal to the reproduction cost, J, Warranty/Guarantee: CONTRACTOR shall act as agent, on a limited basis for the OWNER, solely for the follow-up concerning walTanty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. IN WITNESS WHEREOF, the parties hereto have executed the Supplemenwry Conditions to acknowledge their inciusion as part of the Contract 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 1 I hlll11:1"! Pc:p,-' ~ii j·1 I ,eX : ,1 CONTRACTOR: Signature: _____ ._ .• _______ , ___ ._. Name: Title; OWNER: CITY OF SOUTH MIAMI Signature; -~.-------------- Steven Alexander City Managet- END OF SECTION Page 71 of 72 TO: NOTICE TO PROCEED Sunset Drive Downtown Median DATE: PROJECT DESCRIPTION: «PROJECT» in accordance with Plans and Contract Documents as may be prepared in whole or in part by < _____ .......... __ . _____ > You are hereby notified to commence Work in accordance with the Contract dated ______ _ on or before __ . ___ ._ You are to complete the work within 30 days. The date of completion of all Work is therefol-e City of South Miami BY: _________ _ Steven Alexander. City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by ___ _ on this __ day of _________ .' 20 BY: TITLE: \ hnm:j:-' F Pl,'P,;, ;01'~ ,t :~~; 2{ I 1 -+ END OF DOCUMENT Page 12 of 72 ADDENDUM No. #1 Project Name: Sunset Drive Downtown Median RFPNO. PW2014-04 Date: June 3, 2014 Sent: Fax/E-maillwebpage This addendum submission is issued to clarify, supplement andlor 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 # J : I have a question for the above referenced Request For Proposal. What is the estimated budget? Answer to Question #1: The line item in the City's FY 2014 Budget, Capital Improvements Projects (Crp) 5-Year Plan is titled "Sunset Drive Median Construction," under Roadway Infrastructure. A copy of the CIP 5-Year Plan is attached. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAYBE ISSUED FOR A SPECIFIC SOLICITATION, Page I of 1 South Miami ha,~ rrrrr !nO I CAPITAL IMPROVEMENT 5-YEAR PLAN ~ .. ,:, .... , .. ,. " 'Prl, .,. •. .' .', 'wn ... ·~I.' L';~~/ I}~~··J( '.' ,~NFUN~~OtJR'QF 5,Q1I~ '.' ',:. .:.... TRAFFIC CALMING -West Pinecrest Villas Traffic Calming. Design and Construction (Between 62 Ave and US I (rom 78 5t to eo PIP 65.000 39.780 40,000 St)· StudY to complete be 9/30 r' Bird Estates T raffle Calming· Design and Construction (Betweoo 61 Ave and 64 Ave from 40 5t to 44 St).Study LOGT 55,000 0 35.000 to be completed by 9/30 -----.------'------'----c-- 63 Ct. Traffic Calming -Design 8. Construction PIP 40.000 22.000 60.000 (57 ST to 64 St). Study to be completed by 9/30 Mango Terrace Traffic Calming. Construction (Between 67 Ave and 69 Ave from n SI to 80 St) . Design to bc LOGT 24,000 24,000 150.000 completed by 9/30 60th Ave Traffic Calming. Design and Constructton (Between 57 Ave and 62 Ave from 80 SI to 84 St) • Study PIP 50,000 0 75,000 to be completed 9130 -----,...-------_._-_.-... -'---_ ... Manor L1ne Traffic Calming. Construction (Between 72--- 51 and US I from 63 Ave to 67 Ave) . Design to be PIP 30,000 29,960 20,000 completed by 9130 .- Pinecrest Villas Traffic Calming Phase II PIP )0,000 30,000 -." Cocoplum Terra<;e Traffic Calming Study PIP 40.000 ~ ~---~. ~--'--'~- DRAINAGE IMPROVEMENTS Darn Avenue Drainage Improvements· Construction SWOTF 60.000 25.895 75,000 Design to be completed by 9/30 -- LOGT 30,000 Citywide Drainage Improvements Phase 6 ·Construction (SW 59 Ave from 72 Sc, to 80 St)·Study & design SWOTF 275,000 completed Citywide Drainage Phases 7-10 Design and Construction SWOTF 65.000 150.000 125,000 150,000 125.000 (Twin Lakes & other locations throughout the City) ------ Commerce Lane Road And Drainage Improvement $MCRA 150.000 40,000 '- Progress Road and Drainage Improvement SMCRA 180.000 115.000 .~~~.~-~---, ----~ .. --~--.. -, Citywide storm drainage dean OUt SWDTF 20,000 7.749 -.--~ .. ---. ROAD INFRASTRUCTURE "~-~-"-._- South Miamllntermod.1 Transportation Plan .Design and PIP 100,000 a 190,000 75,000 50,000 50,000 50.000 Construction is TBD based on the priorities of the plan _ .... -.. __ .-----.. -'-Sunset Drive Improvements· Construction PTP 220.000 8.600 250,000 (SW 72 St from 65 Ave to 69 Ave)·Study & design 100.000 completed SWDTF SW (,4"' St-::-Corridor Improvements Ph. II • Design and -.~ ..... --.... -----"~~" .---~.---.. _-----1--... __ ..... --~------- Construction (Between 57 Ave and 62 Ave from 64 St to COBG 177,000 0 177.000 _~8 St) Study to be completed by 9130 -----,--- CityWide Street Resurfacing Program (various lo<;ations) LOGT 75.000 26.700 40,000 50.000 50.000 50.000 50,000 <-,~-~---,,--,~,,~>,,~~---~,~-,-, ........ -----_ ..... _ ..... U ___ v~_ ----- Sunset Drive Median ConStruction.Study & design SMCRA 0 40.000 completed ~"----'-1--._-_ ......... ," . __ ..... ..-... _ .. -._----.. -,~~~,~--.~ . .. ~-... ----prp 55.000 '--~---~-'-. -----. f----------"'~--~.~~-~ ,~~.~._~_n~. .. _-- 57th Avenue Median Improvement PIP 30.000 0 30,000 --.. ~. -------:-------"'-.. -CityWide guardrail and mise road infraStructure rep.irs LOCT 60.000 0 --_. .. --~ South ,\liami h8 •• iijjr !1)1)) • "R9~~~O"tiUND$QuR~ ",.L.;: .•• ;.;,.,. . ... PARKS 50.000 50,000 South Miami Park: Ming Lot & Piay'g-r-o-u'-nd""""'Eq-u7Ip-m-en-:-t -+--C-If'-' ~". Renovation & Bathroom I--"',.;.;c---C---C---Cc.:c....:..:..----.--•. -.-.. ----+.-----+----__t--.----,------'---'--.-----II___.--+---~ Palmer Park: BasEball fields renovation elf' 50,000 f--.-.---.---"-----.-----~---"---"-'-~-' ... -------t--.----1f--.--+----- Murray Park; Lighting and field R.eplacement elP 50.000 50,000 -~~--~~--~~-----+----.. -+-------+_------1~.----~------+-----~-------Fuchs !'ark: Bathroom renovation & playground equipment FRDAP replacement 50,000 50,000 Clf' 25.000 50.000 Dog Park e-"-,--.---.-.-----.------~----+-----+------+-----~-----~ Citywide Parks Improvement CIP 100.000 90.000 100.000 100.000 100.000 100.000 100,000 .--,-1-------!-----;-----I------1I___---------.. ·--1-----1-----1 ADA sidewalk upgrade at Dante Fascell Marshall Williams Park Improvements ADA 10.000 10,000 SMOlA 50.000 0 380.000 ----+-----+---_ .. --- (, Police Vehides and Eq<Jipment OP 161,390 161,390 230,000 235,000 240.000 245.000 250.000 4 GEM Code Enforcement Electric Car CIP r-------------~-+ .. ··~-- I SUV K-9 Vehicle LEFTF 14,500 13,500 60,000 ,+---t---- 38,333 --.--------.--------------.. ---+------4--------+------4-------+_------~----4_----__4 CITY FACILITIES -----+-------4r------.. ~-------,~------_4.--------------------+-------Police Parking and Fueling Fadl!!;), Improvement· LEFTF 400,000 0 450.000 Construction· Design to be completed ~ 9/30 _~ ___ , _____ • ________ ........... _ ........ _____ 1___---r.--.... --r-.----r-------. Sylva Martin Window Replacement CIP 15.000 _.-._---,---------------._ ...... _ ..... --'----...... _ .. --j----_ ........ _--_ ..... ---+-----+ .. --- City Hall ADA improvements ADA 10,000 10,000 1-------------------.... ---.... ---........ -~--r_ .. --.---+_---t_----1r_--__t---!__---I Centralize departments in Sylva. Martin Clf' 100,000 100,000 1---------.-.,-... ----.. ----..... , .. ----.. -----,-+--.--+-----+.---;----t---+-----I Van Smith house demolition (If' 20,000 20.000 1-------------------+----+---+ .. -----.-----,.----.-.--+-------'1-----..,-----1 MISCELLANEOUS CityWide Water and Sewer Upgr.des " Design and GOB BO,ooO 0 75,000 350,000 150.000 300.000 300.000 b-C_,o_n_str_u_c_ti_on _______________________________ r-______ 4-________ ~ .. ______ . __ "r-------4-------_4-... --------t------~------- Progress Rd. Business District Parking Feasibility Study SMCRA 40.000 0 15,000 ......... ~ .... -,--......... ~~ .. -!---.. ----I------....... -. -,_._ ... -, ...... _-_ ... _ .... _--!-------.---_ ..... -...... ---........... ... Citywide Replacement 01 Directional StrMt Signs 8. Pom PTP 150,000 a 150.000 75,000 75,000 50.000 50.000 ,,~'~"---.»-~".~~--'«-'---.'.~~----~~~~~~,~>.,~~_._+ ...... -........... ·.---.. f----~ --~-~_,,~.... ~.~u~_. __ . _,. __ .. ~_ ... , ______ ~~~__ ~M_~~ ___ __ Bus Shelters· Construction PTf' 98.000 99,000 50,000 50,000 50,000 50,000 50.000 ...... ----......... -------... -1-----.-.......... --+.-.. ..... -............ +-.... ---........... 1------·--1___· .. --·-f--._--. !--.... -...... _ .. CD8G 170,000 0 eRA meet light project SMCRA 65.000 0 ~-" -.. ------------I-------4------+-------4------------·----~-----~~-----j~----4 At grade pedestrian crosswalk device PTP 61,000 61,000 ---"---' --------.---f------+-----+-.... --.----+ .............. -.. -... -+-_ .. _---~--.--,-~---- Citywide I.ndscoplng program T&$P 10,000 10.000 3.200 ----------.. ·--.... -·--------·~r_ .. ----l------+----+----- Traffic enforcement computerize sign LEFTF 8,500 5,520 I--------------... ----.... ~---'--- . Electric GEM Vehide with Decals LEfTF ...... -... -1-----_ .. _ .... --._-,--.. ------..... -... ----- 15,000 r-----------------------... ----~ ... ----_r----.. ----.-----_r----_r---.--_r-----_r-----1-------4 HP Designjet multifunction printer CIP 9,450 9,450 --.---.-... ---+---+----f-------jf----+---+--.----l GIS decoder CIP 7,695 7,695 r----.. ---.. --------.-........ --... -.................. -.-.-r-.-.. -...... ----I----+-----.. +------l------ GIS data 'torag@ s<!Iver CIP 15,855 15,B55 !-----------.. --.----.........,------!----+-.. -----..... -...... -........ t-----+---.-.j------jf---- One Solution Planning and Zoning Module CIP 36,380 36,380 ~-. -.----+----.-------.. -----.----....... ---r---.~ ... -i_______.-.-... -. ------ Downtown Information KiOSks Clf' 45.000 45.000 45.000 ADDENDUM No. #2 Project Name: Sunset Drive Downtown Median RFPNO. PW-20 1 4-04 Date: June 6, 2014 Sent: Fax!E-maillwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1 : In the Scope of Services, Section IV. "Project Duration" that section indicates work is to be performed during the night hours from 11 PM to 5 AM. What are the preferred days of the week? Answer to Question #1: The work for this project is to be performed Monday through Friday from 1 J PM to 5 AM IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAYBE ISSUED FOR A SPECIFIC SOLICITA TION. Page I of 1 4. a) Contractor's Home Office Organization Chart Project Manager abriel Martinez Project Manager Roger Newman ~--------------~ /Gabriel Martinez Iowner/Manager Andres D. Martinez Owner/Manager Treasure ~ l secretary Andres D Martinez Andres D Martinez Estimator/Scheduler Gabriel Martinez 4. b) Contractor's Proposed Project Organizational Chart ~----------------------------------~ Gabriel Martinez Project Manager/ Superintendent General Labor CiabrielNlartinez Results driven constTllCri(Hl ,me! pnJj(;ct lllaW!ger with <lver tin' rears of cOI1,rrucrion eXpt:nence as ;l ,;upenfltcndcnt and cotlsrrllctit)IJ manager rcl:Hlllg 10 r()adw<lv C()f),;rruClioi1. Succe,,;j:ul hus1I1css OWllt'f of B S<.juan: C01lStrunion \lanagCl1HTll C;ruup, LLL for o\'(:r a \"(~ar 111 the South l:]onda market. Recently graduated Florida Tmcrnat1on:d !.'nin·!"si!x, OJ IL School ufCumlrucU{)1l oi.Jl;llllIrlI1, it harlwlm'i dqc;rt·(, in CUl1structi()jJ l'vlanagemel1t. Professional Experience r'eb 201 J -Presen! \bUll, FL • Creatcd and dcn:lopcd CXlstmg blblllCSS plan and strucrun: Planned and led complex projects from 1!1CepriOll to complcuoll, dclJ\'cnng pn)l<:cr, oil Imw • Fnh:mced business lllCra:;twCllllT n:sulung !l1 Improved performance 'lW.I cost retillCtl<JI1 • I\1axlllllze cost con1rol. resourCes and coordin;l1loll Ii) deliver pn)I('cts on tim.: :lnd wilhm budget • Fstirnare, Schedule and m:1r1:tgc pn>lccts from mceptiuIJ tu compieuuI1 • :v1ana!',ed multiple proju:rs al '.mee, ovt:l:s:\\\-dw c()rnpleri<ll1 of prowCl,; dunn)); \'~\f1Ul" pi1;ges of COl1:' rructl< >l1 • \LtnagnJ all ,Lull nper:ll1'>l1S • :)ecured nc'w bllS!Ue" rl'iaIJ<lns ,hn)! n;cepn()[u! Cll,\OJllt'l' ]"ci:lUnns, hard work, and word of mouth referral:; • :'v!elH<>n:d thruugiI ('xpcrtlSt' l!l the C()ll:nnlCll(l11 llldu:HfY, b<:ClJllllllg nwm source or illf()nn:l[j(>ll tor stall through daih' conran m:\ ljUlCk, profe'SlUl1al, allll nmslcicr:lle m:!!ltll'r Pl:mllC'li and lnl complex prol("C!'; fn 1m IllCcPll01l tl) pr"lcTis 'Hl Ul!lC I :.lliJ:lllcnl iJu"IilC" l1lf'nt,lrllt:tun-11l Il1Jpr()\"(,d and C(,,;r i:CdllC!I(Jfl • \!:Jxl11l1/ed CD,! conlrols, effccri\"ch lltili/ed rCj()urccs, and c()<Jrdin:ued project:; • \ianagcd mulflplc pI'< :It unce, "\-Cr,::\\\' I he' c()mpkllon "f ,,'-cr IS prU!l'C'[o vafiUll;i phaoci ol COlhtnlcilOIl • :v1allagcd alJ daik • S('clll'cd Ill'W bU';lllC';" rdau,)!1,; tnouth referral:' l'xccpli')llal CU';!()InCI' rd:lUuns, hard \\-(irk and w()re! ()/ II \ klll( 1H'd 1 hl'l 'll,lr,h expertl::c III th,-U il1:;lrucW)\1 IlldUSIl'I", bec, 1111 I llf!, !1l',llll "JUI:CC "f 111(' )rtIUt1')1) for ,;talr Ihn High ciail\" ("(lIlLlel lil a qUid;, llL1L :Inti COt1:;[(j('r:ltc m:l!lltel" Cell (786) 325 2750 .. [-Mail info@b2cln~,cvlII 3100 NW 17 lh Street. Miami, FI 33125-'1908 • Phone (305) 633-3355 .?1)(N.·.?(ll(1 • Interned il:i all L:;wnaluf alld Pr<)jeCl ,\LllIagcr • ,\trended Pre, Bid and Pre C(>I1SrfuctJun ~l.el'lmgs • .\s;;lsted 111 the I1wnagnnent of prolecv • Involved with ,bi1:' ()per:lti()n~ • Tasked with Submirtals, Rl Ts alld ()rgatllZariOll .?ons·· .?OCJ0 '\f1,llnJ StrippIng Inc • Interned as Project \ {;mager • Supen'ised tidd 0pt'r:ltJU!lS • ,\ssbted In the managcnwlll ul project' • Involved \vith ,bil" operations • Crc\\' C<JOnlm;!llOl1 :md 111:111agcmcnl among \';!l'lIlUS prnjecls • LU~l!,ll1g of c()mpleted work, t'icld measuremellts, iO be 111\' (Hced Professional Development \.[imlll-Dadc: CUlllll\ Gellcml I'lowb Cert illcd (J('l1<'ral ( f'll f 1',1('11)[' l·[)()'l' '\lai!HCIl<lUCC of'rrafiic Er:O Officer OSI1.\ 3u !-lour Ccrrificanon P:l\·jng 1.1l~~mC'nll1g (AJ!llracror ftEl·.fli().?I).+ CC;('[ S:2.?.?.6u l\fWlll, 1·1, I'hlnd:! lnrernanonail'nwcrsin (,/, ,/. l.U \ baml, j'j" ,\ ( ,',liilrm/lOll FJ l' .. 1'!onol'S ( ]m'Hed & l\l'coglllznl, FI! ' Capabilities & Skills Primavera, Un .. Scrcen Takcl )l't, "\ \III d "ld, Bilmgual, Busln"" DCvc!()pllWnL IJ\:ull'cr Plal1lllllg 'lIlt! \!anagCll1UH, Team Buildlllg and Leadership, 1l1luir. (~ulCld-l'j()k, Cell (786) 325-2759 .. E·,Mail info@b2cmg,com 3100 NW 1 ih Street it Miami, FI 33125-1908 • Phone (305) 633-3355 B Square C=onstruction t,1anagement Group, LLC l)revious Completed l)rojects I. PoincIana -Phase 1 87()(J"H732 SW 5th Street \fialYll. Ft 33174 Project Cost: $3,300.00 2. Poinciana Phase 2 87(1).8732 S\X' 5th Street \1iaml, FL 3317+ Project Cost: $48,964.25 3. Sweetwater Parking 1'167::) N\\' 58,h Street. DoraL J'LD 1 M Project Cost: $62,142.33 4. Dollar General Belle Glade 8SiU S l\1ain SI Belle Glade. FL )')4)() Project Cost: $7,400.00 5. S\'':: 54'11 Place 2052() S\X' 54 th Place Project Cost: $6,000.00 6. hnanoal Project ID: ·t2595<)·1 52() 1 Jog Rd -Bridge \'\'id('ning over CSI Call:11. Xl SR SO BR \\TDFNINC, 0\1]{ (·51 C\N.\I. Project Cost: $64,000.00 ])rOJed NUlnber: 2012()02R :VICe "736() People's 'rransportariOfl Plan (Fl,]» Traffic Slgn:l1 Intersections Project Cost: $24,/)/)/).00 K. Project Number: 2()12UO'j \[0: 73()() Peop!c's l'ranspUfl:ltWl1 PLin Project Cost: $24,000.00 '). hn:!l1Cl:il Project r D: 4 ~, 1 (ll'i· I . ,)2·il 1 (i\li:mlJDadl' & \lonroc CO). DIS·rRICT\\fDI·: PLSHBt rio.'. Pl{()1 [·:crs Project Cost: $37,000.00 Prev-ions C=o111pleted Projects HoanGal Project ID:-tl··t6%·1·52·01 Statt Road .\L\ Sth Srn·c! from \\'(':;1 \V('l1I.1C [I) Collin:; A\'Clllll' Project Cost: $585,000.00 2. Financial p[(.l)cct ID: 4U7(j)) .)··52··(1] and hnanctal PrOWc! In: 42::)··1-1)2· I 52·{1l Sate Road No. 951 / S\\'12 ;\vc / J ,qUIll' Rd. I'rum SlZ.'i/I·" 1 I() SR·i)()/S\\ k SIT('(.'1 Project Cost: $463,485.00 _), I'L\1\ ~igJ1al Rcplacemenr jJJ'(l)cct2U10(13--:'S N\\' 11 St & N\\ H Sr Rd, N\\-)2 .\\'t' & \J\\ .f() St., N\\'\O _\\'<: & .'~\\' II Sr Project Cost: $56,201.00 4, Fll1anciaJ Project 11): 422()lj()· 1 -52 IJ 1 Statc' Road No. 802/ j,ake \\'onh Road ,From La,;r ofSR H()i / (:ullgres,; .\\'l'IlUC tD \'('C:it ()fLake Chbomc) Project Cost: 5398,852.27 5, Bid Number: 20IlI)70l)2012 CUBe; . i'v1ia 111 1 Dadc CUUllfY, Sldewalk:; :ll1d Curh, Project Cost: $82,778.43 of \'1l'St \ti:l!lll (i. Financial pf<)JCC! ID: ,~l ::)()2 7 j .. SH·O I, C,i(\ ProJeCt N( dlH IS R·11 h .\ vcnue GreellWay I tllprovvrnents PrnjCct Project Cost: $596,851.77 Financial PnJ)cct J D: -l-2.,)()07 1 ~20l SR,,\ 1.\ frotH Cordm'a Road to a Pr \'C of Eisenhower Blvd, Project Cost: $51,301.84 g, Financial Projcct 11): 42,)UOO· 5.'20l SR·,\ 1\ ( l:1khnd Park Bh-d. to Road) Project Cost: $263,521.84 (). I-inanci:tl Project ID:+2·1MC· 1.'i21J 1 Sf( 7(1 (Commeru:d h'uln SR Sl~ t Project Cost: $302,851.95 10, l-inaI1Clal Pro)Cct ll): -t:~)()(l() SJei\\l. T!~(j !\:UJ ,( )(;Y, ]\J( SI(;N,\] Project Cost: $32,054.57 '<:.()j IIRF RLSU 1 S 1.\ If( hITS 1\!Jl{C!·0;IY TR\HH Il, J,cndallD!'l\c & 1«2 .hc :;afct\· ImprO\c!11vJ1t Project Cost: $27,521.00 [2. Fin,l11CiaJ Project ID: 427502 152,0 I and J·inanclal Project II): 427S()21 .. %-() 1 S\X' oxth ST / I<.cndall Dnl'c froll! SR x21,SB iufframp; t() SIZ x21 NB (nfframp) Project Cost; $189,258.46 I). J.inanci;\l Project ID: 426851152-01 and FinancIal Project ID: 42()S52,· 1 -52··U J Sumi,c Blvd. Project Cost: $308,951.77 14. SL't Push Button, S\'\' S8th ST & 152 ,\\-e. Project Cost: $30,249.00 15. set" Push Burton, LOS 1 & .) 12st CrDsswalk \joditlcauol1 Project Cost: $27,237.43 16, Financial Project ID: 425;·.J.K· 1· 52·01 and Finallcwl Pn lJcer J I): i-251i-X· 1· 5()·{) 1 SH·) (l'S· 1) From S\\ 1 Ml Stn~(·t tt' " PI N "r S\\ 136 Sr..n':Cl Project Cost: $128,875.00 17. Financial ProJcCt. J D: 428·lHg 1 S2 n I. Kendall Dr. from S\\' i(}tl' .\Vto. to S\\' 73 rd Place Project Cost: $84,348.17 1 K. Creenw;1vs Project Cost: $201,843.34 1 () Coral Cables \V:11] Project Cost: $115,624.00 20. Ballanera Projcl.:t Cost: $48,541.28 21. ~1i;mlj Dade (:Ullnty Park Project Cost: $173,629.87 22. (:oral Gables Huu~c Dcmolinon Projecl Cost: $15,731.25 2.). \' en<:tian 1·louse DClllU Proje(~t Cost: $3,408.49 24. ;\flami btck;;ol1 Sen](lj' 1"lIgh School Sidl~\Valk, Costal C"l1srrucrton Project Cos£: $169,871.99 25, BuIld·out Cedenos J ,:1\\' ()Hicl' at ;\!tr:lmar Project Cost: $102,000.00 Andres 0 Martinez 3100 NW nTh Street. Miami, FL 33125-1908. Cell (305) 491-7396 Senior salesperson in the liquor industry for over 28 years, have grown my personal property portfolio to have over 15 properties under my personal property management Have been a successful business owner of B Square Construction Management Group, LLC for over a year in the South Florida market Have gained a history of excellence in interpersonal communication, relationship development and establishing rapport. Expert ability to train clients and educate tenants while ciarifying complex issues. Professional Experience Feb 2013 -Present B Square Construction Management Group, LLC • Created and developed existing business plan and structure Planned and led complex projects from inception to completion, delivering projects on time • Enhanced business infrastructure resulting in improved performance and cost reduction Miami, FL • Maximize cost control, resources and coordination to deliver projects on time and within budfjet Estimate, Schedule alld manage projects from inception to completion • Managed multiple projects at once. oversaw the completion of projects during various phases of construction Managed all daily operations • Secured new business relations through exceptional customer relations, hard work. and word of mouth referrals • Mentored through expertise in tile construction industry, becoming main source of information for staff through daily contact in a quick, professional, and considerate manner 2011 --Present Cam rose Trading Inc, Wine & Spirits Division Miami, FL Built an impressive recorel of achievement and advancement through a series of progressively responSible positions leading 11igh growth ventures In flew markets Oversaw business development activities related to creating (fernand, expanding distnbution channels. and managing distriblJtion networks III South Florida. Have worked closely with distril)utors In the development of sales strategies and selective distribution that has leej to new product launches 1992 -Present Property Manager Miami. FL PrOVided property management for over 15 reSidential rental properties Oversaw tenant selection, lease management, insurance, and tax accounting Directed maintenance. major repairs. and daily operations. Managed utilities, collected rent, and conc!ucteej tours of trle propeliy for prospective tenants Cell (305) 49 '1-7396 • EMail MortQ.Q.f>4@bcllsQuthJ:1.et 3100 NW 1th Street. Miami. FI 33125-1908. Phone (305) 491-7396 1985 -2011 Century Cellars, Inc. Miami. FL Design territory sales strategies; devise and deliver high-Impact sales presentations and proposals. Proven ability to assess client needs; establish rapport, build trust, and close deals. Strong track record of achievement with outstanding success in building partnerships and maintaining client relationships. Professional Development Active Liquor license Real state certification and training Key Accomplishments -Exceeded annual occupancy objective of 80% -Devised and administrated operating budget of $1.5 million -Passed quotas quickly by developing new business with current customers, asking for referrals, and finding solutions to fit customer needs. -Consulted with each client across the territory to earn trust and respect. -Introduced new products into the market with no market share and received orders in the first six months -Maximized profits for the liquor stores by expertly structurrng and restructuring product deals. References available upon request Cell (305) 491 .. 7396 .. E-Mail Mart9964@bellsouJDJJet 3100 NW 17 11 • Street .. Miami, FI33125-1908 .. Phone (305) 491-7396 B Square C=onstruction lVIanagem.ent C3roup, IJ.i: Previous C=ompleted IJrojects L Poinciana Phase I ili( )(j··8712 S\X 5 rh Street \!J:UHJ. I· L")) ]7·1 Project. Cost: $3,300.00 ') Poinciana --Phase .2 8'()t}··8F)2 S\X' 5,1; Stn~(:r \baml. 1,1, 'B ]7·1 Project Cost: $48,964.25 "S. S'wct'twarer Parkmg 8(,78 ~-.l\\' 58'1, Street Doral, FJ. 'B I M, Project Cost: $62,142.33 .t. [)olbr Ceneral BeUe (;bdc 8\)() S \1am St Lklk (;lade, H." 33430 Project Cost: $7,400.00 5, S\X' 54'11 Place 2052C S\\(' PlaCt~ Project Cost: $6,000.00 6, Finanel"l ProJect 10: 42S()S\) 1··S2··() 1 7 Jog Rd -Bndge \\idt'lllng ()\'er C·:) 1 Canal, .\1 SR g() HR \\'IJ)F~I0;C; OVER C ') 1 C·\\:.\J. Project Cost: $64,000,00 j>nJ)(.'Ct N um bel': 2(l12()U28 \ 1 CC: T)6(l People's Tr:mspeH'{:lll(Hl Pbll (VI Traffic Slgn,d Imers<'ctj()ns Project Cost: $24,000,00 8. PJ'(»)Cct Number: 20 12()(): I \I(:{' '7j(i() People's Transpurtatlul1 Plan Project Cost: S24,000.()O TClltic \). Financial Project f I); .~) 16'>') I ~S2·0 1 (,\tumi-Dade & .\ftlllWC !)[STRICTWIDF PlSIlBt'lTU\: PR()jl;Crs Project Cost: $37,000.00 CURRICULUM VITAE ROGER WAYNE NEWMAN, P.E., C.G.C. rwne~man320@hotmail.com (305) 467-4462 SUMMARY OF EXPERIENCE Twenty·seven years experience in Construction Project Management as a Prime Contractor, Resident Engineer, and Owner's Representative. Certified General Contractor and Certified Underground Utility & Excavation Contractor, both in Florida. Professional (Civil) Engineer with active registration in Florida and California. Masters of Science degree in Construction Management from Stanford University. PRIME CONTRACTOR Primary Qualifier -B Square Construction Management Group, LLC: 20B·present Area Manager for Infrastructure Contractor -Astaldi Construction Corporation: 2005·2010 Managed a team of Project Managers, Engineers, and Superintendents on major infrastructure projects including Water and Wastewater Treatment Plant Expansions, Underground Utility Installations, Neighborhood Improvements, and Roadway Construction. Performed Estimating, Bidding, and Budget preparation; Subcontract Management; Project Controls and CPM Scheduling; Submittal management; Payment processing; Change and Claims Management; and Project Closeout including Operation and Maintenance Manuals, Owner Training, and Project Commissioning. Project Manager for General Contractor (Educational Facilities) -Signa Consulting: 1998-1999 Managed a team of Project Engineers, and Superintendents on Miami-Dade School Construction Projects under their Construction Manager at-Risk and Design-Build Contract delivery mechanisrns. Project Manager for Infrastructure Contractor· MasTec: 1996-1998 Managed subcontractors for twenty medium·sized Wastewater Pump Station, Force Main, and Potable Water Main installation projects, as part of Miami-Dade County's Miscellaneous Pump Station Improvement Project. Prepared and negotiated Change Orders for Extra Work and Delays on behalf of Subcontractors. CONSTRUCTION MANAGEMENT CONSULTANT Managing Member-TPGC, LlC: 2011-2013 Supported Contractors and Private Owners with Project Management services including Estimating and Budgeting, Bidding, Project Controls and Scheduling, Product and Equipment Subrnittals, Payment Processing, Change Management, and Project Closeout. RESIDENT ENGINEER Resident Engineer for AlE Firm -Wolfberg Alvarez & Partners: 2001-2005 Managed a staff of Engineers, Architects and Inspectors in performance of Construction Work·Site Services for the Central Chiller Plant East and West Expansion Project at Miami International Airport. RESIDENT PROJECT REPRESE-'~!I.8nYJ; Resident Project Representative for Surety -The St Paul Surety; 19992001 Resident Project Representative on Souttl Broward County Neighborhood Improvement Project on behalf of the Surety responsible for completion of a project where the original Contractor had been terminated by the Owner. 1 I OWNER'S REP_RESENTATIVE CURRICULUM VITAE ROGER WAYNE NEWMAN, P.E., C.G.c. rwnewman320@hotmail.com (30S) 467-4462 Construction Manager for Municipal Utility -los Angeles Department of Water & Power: 1987-1995 Managed project teams of Architects, Engineers, and General Contractors to successfully complete seven construction Contracts on a variety of power facilities. !=DUCATION Stanford University, CA --M.S. Civil Engineering -Construction Management emphasis (1987) Stanford University, CA -BS Civil Engineering (1986) PROFESSIONAL LICENSES Certified General Contractor -Florida license No. CGC059626 (1998) Certified Underground Utility & Excavation Contractor -Florida License No. CUC1224834 (2010) Professional Engineer in Civil Engineering· Florida License No. 70519 (2009) Professional Engineer in Civil Engineering -California License No. 46766 (1991) TECHNICAL SKillS Microsoft Office Applications: Proficient in Excel, Word, PowerPoint, Vision, and Outlook Program Management Information Systems: Proficient with e-Builder Construction Program Management Software CPM Scheduling: Proficient with Prirnavera P3 & Microsoft Project PROFESSIONAL DEVElOPI\IJ.ENT CERTIFICATIONS 1999 FIDIC Conditions of Contract for Construction and Design Build (Red and Yellow Book) -ECV 2012 BIM 101: An Introduction to Building Information Modeling (BIM) -AGe's BIM Education Program 2013 BIM Technology -AGe's 81M Education Program 2013 BIM Contract Negotiation and Risk Allocation -. AGe's BIM Education Program 2013 BIM Process, Adoption, and Integration AGe's BIM Education Program 2013 2 I " 5. List and describe any a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations N/A b) Any arbitration or civil or criminal proceedings, or N/A C) Suspension of contracts or debalTlng from Bidding or responding by any public agency brought against the Respondent in the last five (5) years N/A CERTIFICATE OF LIABILITY INSURANCE I OA TE (MMlODIYVyy) 06/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Emmanuel Insurance & Associates, Inc 2370 E 8TH AVE HIALEAH FL 33013-4236 INSURED B SQUARE CONSTRUCTION MANAGEMENT GROUP, LLC 3100 NW 17TH ST MIAMI FL 33125-1908 COVERAGES CERTIFICA TE NUMBER: ............. j' ........... _ ..... . .. INll.IJ.~!,!! .. Q . .:.. .. _ ......... _................... .. ........ .I INSURER E: I ...... __ .... __ •.....•...•.•...•................ _-_. __ ..•....•...•.....•...•.............•...... INSURER F, f REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I~~r----~~·;,;;~SU~NCE-····-r.~~r·· POUCY NUMBER i ~~r ~ru-6%'fyWv 1'---' ····-·LII.ms---····-······· GENERAL LIABILITY I EACH OCCURRENCE ! S 1,000,000.00 ZLS()~MERCIAl GENE~AL LIABILITY []:~~TI~~=~:;;J=-1-s.~cJ:'~~?:~~~~_~ . . _ .... 1.. ... .J CLAIMS·MADE :xJ OCCUR : MED EXP (Anyone person) ! $ 5,000.00 A i.1 Y PC2606683·01 02/26/2015 [;;~q;~L~A{)l/lflJLJ~YJS~,~0:?:()()9:go --. • I I GEN.~.f<A.!:!-GGR§.GAT~ .. ~~9.?:?0~~~ .. _ ... iG~~,~~GG~~·;~~~;;';;~;~·~~I~S~~R . PRODUCTS. COMPlor AGG ! $ 2,000,000,00 i POLICY I--'j PROi-·]I.OC··············'Ts AUTOMOBlLE LIABILITY S 1,000,000.00 B i 02206511·0 0520-44854·0 II . I· ;T~~IL.':1~~.J~J~·( .... -.--........... -... . I EL EACH ACCIDENT I sl ,000,000.00 106/07/2013 06/07/2014 j' ......... .............. .........[ .... . . " .. 0· ! ! !~L.D!S.~;\S.~ .. .§A_EI.1PL.()!~~1_,0_0_0_,0_0_0?? I E L DISEASE POLICY LIMIT i s 1,000,000.00 C : ~~~I~~~j,~Rd~~~~~~~~~:;~~;ECUTIVE 'IMandatory In NH) I ~if~'Mftft'~ '2;'~~PERATIONS below DESCRIPT10N OF OPERA nONS I LOCATIONS I VE.HICLES (Attach ACORD 101, Additional Remar1o:s Sch~duI9, If mom space Ie. required) General Contractor CERTIFICA TE HOLDER CANCELLATION City of South Miami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6130 Sunset Dr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Miami.FL 33134 ACCORDANCE WITH THE POLICY PROVISli14' AUTHORIZED REPRESENTA TlVE //1~~ .... -._ .. _./ SM'etk MeJifUV I © 1988-2010 ACORD CORPORATION. All fights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Sunset Drive Downtown Median RFP VENDOR: B-Sguare Construction DATE: 6/13/14 REFERENCE: FOOT Push Button CONTACT: Armando Rodriguez 1. How is the vendors quality of work? Quality of work was good. 2. Were projects completed within established timeframes; on-time and on budget? Yes. 3. Was the number and type of change orders requested in line with the project? No change orders. 4. How is the vendors Response Time and communication with staff? Communication is very good; we had no problems with them. 5. What was the project scope/agreement? Survey work; but they operated as a subcontractor. 1 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Sunset Drive Downtown Median RFP VENDOR: B-Square Construction DATE: 6/13/14 REFERENCE: Sweetwater Parking CONTACT: Jorge Ballarana 1. How is the vendors quality of work? Quality of work was good. 2. Were projects completed within established timeframes; on-time and on budget? Yes, on time and on budget. 3. Was the number and type of change orders requested in line with the project? There were no change orders. 4. How is the vendors Response Time and communication with staff? Communication is very good, they are very good and easy to work with. 5. What was the project scope/agreement? Parking lot project, including sidewalks and all asphalt work. 1 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Sunset Drive Downtown Median RFP VENDOR: B-Square Construction DATE: 6/13/14 REFERENCE: Poinciana Phase 2 CONTACT: Jose Delgado! Association President 1. How is the vendor's quality of work? Good quality if work, very good to work with. 2. Were projects completed within established timeframes; on-time and on budget? Yes, on time and on budget. 3. Was the number and type of change orders requested in line with the project? If there are change order, we are able to work out a compromise; normally none. 4. How is the vendors Response Time and communication with staff? Response time and communication is very good. 5. What was the project scope/agreement? They have done all of our cul-de-sac curbs and stamped concrete driveways. 1