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2T H E CITY OF PLEASANT LI VIN G To: FROM: DATE : SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: AnACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager May 19, 2015 Agenda Item NO.:~ A resolution authorizing the City Manager to negotiate and enter into a contract with Coreland Construction Corp . for the construction of the Manor Lane Neighborhood Traffic Calming Improvements. The project consists of the construction of five speed tables along Manor Lane and SW 63 'd Avenue. This includes, but is not limited to, the furnishing of all labor, material, tools, equipment, machinery, disposal of all materials, superintendence and services necessary for the completion of the construction of the project. The City received seven bids in response to a solicitation . Pursuant to review, it was determined that Coreland Construction Corp . is the most responsive and responsible bidder for this proposal. Below are the proposals received: Coreland Construction Corp. Perrin International Services , Inc . RP Utility & Excavation, Corp The Combined Group Williams Paving Florida Blacktop Inc. Sanchez Arango Construction $24,974 .00 $28,381.00 $34,400.00 $39,450.00 $55,651.41 $57,659.08 $66,610 .00 A contingency amount of $3,746 .10 will be included over the proposal amount to address for unknown factors that may arise during the work. The total amount of the contract, including the contingency, will be $28,720.10 Amount not to exceed $28,720.10 The expenditure shall be charged $28,720.10 to People's Transportation Plan account number 124-1730-541-6490, which has a balance of $1,607,435.10 before this request was made. Resolution Contract Coreland Construction Bid Scope of Work RFP Advertisement T HE CITY OF PLEASAN T LIVI NG CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Pre-Bid Sign -In Sheet Bid Opening Report Proposal Summary Demand Star Results Sun Biz , Coreland Construction Corp . ., J ' Sout~iami HI[ c n v Of PLEAS,\NT LIVING PEOPLE'S TRANSPORTATION TAX FUND BUDGET HIGHLIGHTS 3450 Contractual Services -Citywide Transportation Plan which will include roadway, sidewalk, swales, neighborhood greenways & bicycle plan. 6490 Construction Projects - Pinecrest Villas/Snapper Creek Traffic Calming -Design and Construction (Between 62 Ave and US I from 78 St to 80 St) Twin Lakes/Bi r d Estates Traffic Calming Construction (Between 61 AVE & 64 AVE, from 40 ST to 44 ST; & between 56 ST to 64 ST, from 62 AVE to 67 AVE) Manor Lane T ra ff ic C alming -Construction (Between 72 St and US I fr om 63 Ave to 67 Ave) Cocoplum Traffic Calming Construction (Between 62 AVE and 67 AVE, from 64 ST to 72 ST) (Design Concerns Under Review) 42 Street Drainage Design and Roadway Reconstruction 78 Street & 63 Avenue Drai nage Roadway Reconstruction South Miami Intermodal Transportation Plan -Study and Design South Miami Intermodal Transportation Plan -Construction Citywid e Sidewalk Repairs 60th Place Road Res urfacing (Between 40 & 44 ST) Citywide Replacem e nt of Directional Street Signs & Posts SW 62 AVE Design and Roadway Reconstruction Transi t Improvements CITY OF SOUTH MIAMI BUDGET FY 2014-2015 TOTAL 150,000 175,000 100,000 150,000 85,000 85,000 100,000 125,000 40,000 50,000 150,000 270,000 80,000 1,560,000 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO.: _____ _ A resolution authorizing the City Manager to negotiate and enter into a contract with Coreland Construction Corp. for the construction of the Manor Lane Neighborhood Traffic Calming Improvements WHEREAS. the Mayor and City Commission wish to provide traffic calming to the Manor Lane Neighborhood. and WHEREAS, pursuant to a competitive selection process in accordance with the City Charter. it was determined that Coreland Construction Corp. submitted a bid in the amount of $24.974 that was the most comprehensive and cost effective in its construction approach; and WHEREAS, the City desires to provide a contingency of $3.746.10 over the bid amount for unknown factors that may arise during the work; and WHEREAS. the total expenditure. including the contingency amount, is not to exceed $28,720.10; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Coreland Construction Corp. for the construction of the Manor Lane Neighborhood Traffic Calming Improvements for a total amount not to exceed $24,974. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to negotiate the terms and conditions and to execute a contract with Coreland Construction Corp. for the construction of the Manor Lane Neighborhood Traffic Calming Improvements for an amount not to exceed $24,974, and he is authorized to expend up to $3,746.10 for unforeseen conditions. A copy of the bid 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 $1,607,435.10, 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 ______ , 2015. 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 6700 7420 7710 7830 7840 1850 1854 ' 1862 M2 67 11 S.I,lns .et Drive . SW72 ST 6200 7 6500' oo.,~ !i iS~!Z~ is 7220 -f--.- 7240 -. i ~ 7230 723 1 5951 1311 -is * ~~. 7240 7260 S N r ;:!I"',I,.! S . 7310 7300 "-• 1---iii .rK 7320 7320 i! 0-------' 7310 7321 7320 i! ~I 7313 1320 7321 7176 7350 ~ '" Ii ~\ ~ 0 ~[~ P roposed Table , as shown on S igned & Sealed Plans fl 733 1 7-330 1331 7330 7340 7341 7401 7400 7401 742 1 7410 7m 7420 7437 7430 ~ ,-' 790 1 6310 i ~ , .-' 'f) --fij ~ ~ a 6341 c=J Proposed Table , as described in the Memo from the Engineer and attached within this 45 exhibit ~ Ii! &j -III ~Jr 0 Z ~ N (ji) ~ 74 ~ ~ ~ ! Martinez. Grizel From: sent: To: Ce: Pepe, Thomas F. Tuesday, April 28, 2015 2:32 PM Martinez, Grizel Ricardo Ayala Subject: RE: Manor Lane Contract Bid submittal Attachments: Carland Const_ Manor Lane Traffic Calming-Contract (2).pdf I removed the reference to the Exhibits at the top of the contract documents and you need to add Exhibits I and 2 from the RPF to the Supplementary Conditions. Otherwise I approve of the contract documents. Please substitute the first page of the attached contract documents for the one signed by the contractor so as to remove the reference to the word "EXHIBIT" and the exhibit number from those documents. Very truly yours, Thomas F. Pepe City Attorney City of South Miami 1450 Madruga Avenue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341-0584 E-mail: tpepe@vsouthmiamifl.gov ATTENTION: This e-mail may contains PRlVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notifY us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e- mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Martinez, Grizel Sent: Tuesday, April 28, 2015 12:38 PM To: Pepe, Thomas F. Cc: Ricardo Ayala Subject: Manor Lane Contract Bid submittal Mr. Pepe, attached is the contract that was submitted within the RFP bid submittal for the Manor Lane Traffic Calming Improvements. Thanks, Grizel Martinez, E.!. GMartinez@SouthMlamiFL.gov Engineering & Construction Division City of South Miami 4795 SW 75 Avenue Miami, FI33155 305-403-2063 1 CONSTRUCTION CONTRACT "Manor Lane Traffic Calming Project" RFP #PW20 15·05 THIS CONTRACT was made and entered into on this day of ___ -,,-_-,.. __ ' 20 __ • by and between Coreland Construction Corp. (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 furn ish all labor. materials. equipment, machinery. tools, apparatus. transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Doc ume nts shall include this Contract, Generai Conditions to the Contract. if any, the draw ings. plans. specifications and project manual. if any, any supplementary or special conditions. other documents referring to this contract and signed by the parties. the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer 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 performance of this Contract. subject to additions and deductions as prOVided in the Contract Documents and any properly approved, written change orders , in lawful money of the United States, the amount 0(; (Spell Dollar Amount here) Twenty·four thousand, nine hundred seventy.four Dollars ($ 24.974 .00-->. Lump Sum ("Contract Pr ice"). 5. The expenses of performing Work after regular working hours. and on Sunday and legal holidays shall be Included in the Contract Price. The City may demand, at any point in time. that any part. or all. of the Work be performed after regular working hours . In such event. the Respondent shall have no right to additional compensation for such work. However. nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instr ucted in writing by the City . 6. If the Work is expected to require more than one month, the Owner shall make monthly part ial payme nts 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 Contract Documents), which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract a nd the other Contract Documents and until such Work has been accepted by the City . 7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor. material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full , and after compliance with the terms for payment prOVided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. Thomas F. Pepe 02-ll -IS 58 ~, 8. The Work shall be completed in 20 working diU's, In the event that the Contractor shall fall to complete the Work within the time limit stipulated in the Contract Documents, or the extended time lim it agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of S600,OO dollars per day. plus any monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 9. It is further mutually agreed between the parties hereto that If a Payment andlor Performance Bond ("Bond') Is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, .the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within Ove (5) business days after the receipt of notice from the City so to do, furnish an addit ional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work Is fur~ished in the manner and in the form satisfactory to the City. 10. No add it ional 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. II. 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 or. if the contract is required to be approved by resolution of the City Commission. then the Effective Date is the date of the resolution approving the Contract whichever is the later date. IN WITNESS WHEREOF. the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each or which shaU, without proof or accounting (or the other counterpart, be deemed an original Contract. printS!..lg~~ ::~~~~E~~~~~ Title of SI.,,0(,5 .... : _--"PLlre .. s .. l .. d .. pn .. I'-_______ _ ATTESTED: Signature: _________ _ Maria Menendez City Cierk Read and Approved as to Form. l anguage. legality. and Execut ion Thereof: Signature: -:::--:-_______ _ City Attorney Thomas F. Pepe 02 ·2)·15 59 OWNER: CITY OF SOUTH MIAMI Signature: Steven Ale xander City Manager ARTICLE I -DEFINITIONS CONSTRUCTION CONTRACT GENERAL CONDITIONS "Manor Lane Traffic Calming Project" REP IIPW10 I 5·05 Whenever used In these General Conditions or in the other Contract Documents, the (ollowing terms shall have the meaning Indicated . These definitions shall always apply when the section of the Contract specifically refers to this Article (or the purpose of interpreting a word or group of words in that section of the Contract Document . However, when the section of the Contract, where the word to be defined Is used, does not specifically refers to this Article to define the word or group of words, the definitions contained In this Article shall not apply unless the word or group of words, in the context of It or their use In the Contract Document In question, Islare ambiguous and open for Interpretation. In addition, these definitions shall also not apply to interpret terms In a specific provision of a Contract Document If that specific provision contains a definition of these terms: Addenda : Written or graphic documents issued prior to the Bid Opening which modify or Interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which Is to be used by the CONTRACTOR In requesting progress payments . mdi The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. ~ Any person, firm or corporation submitting a response to the Owner's solicitation for proposals or bids for Work. Bjd Docyments· The solicitation for bids or proposals and all documents that make up the solicitation including the Instructions, form of documents and affidavits . 82ruJ..1: Bid bond, periormance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida . Cbange Order: A written order to the CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in tbe Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. QIY; The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the context wherein the word Is used should more appropriately mean the City of South MiamI. Construct jon Observer; An authorized representative of the CONSULTANT, if any, or otherwise a representative of the City aSSigned to observe the Work performed and materials furnished by the CONTRACTOR . The CONTRACTOR shall be notified In writing of the Identity of this representative. Contract Documents' The Contract Documents shall Include the Contract between the Owner and the Contractor, other documents listed In the Contract and modiflcatlons issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions. Special Conditions, if any, any Supplementary Conditions, the Technical Specifications , Drawings, including any incorporated speCifications, addenda to the drawings Issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Tim~' The number of calendar days stated in the Contract for the completion of the Work. C0ntractin, Office e The individual who is authorized to sign the contract documents on behalf of the OWNER. CONTRACTOR: The person. firm or corporation with whom the OWNER has executed the Contract. CONSULTANT; The person identified as the CONSULTANT in the Supplementary Conditions or, If none, then CITY's designated representative as Identified In the Supplementary Conditions . Thomas F. Pepa 02-1]·15 60 ~ A period of twenty-four hours measured rrom the beginning or the day at . 12 :0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Inn: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, In computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be Inciuded. The last day of the period so computed ,h.1I be Inciuded unless It I, • Saturd.y, Sund.y or leg.1 holld.y, In which event the period ,h.1I run until the end of the next business d.y that is not. Saturday, Sunday or leg.1 holld.y. Defectiye Work; Work that Is unsatisfactory, faulty, or deficient In that It does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to In the Contract Documents, or has been damaged prior to the CONSULTANrS recommendation of flnal payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that are not properly approved and authorized, any deflclency 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. Drawlnp' 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. field Order' A written order Issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work In accordance with paragraph 10.2. ModiOcatlon: (a) A written amendment of the Contract Documents Signed by both parties, (b) a Change Order signed by both parties, (c ) a written clariflcation or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuantto P.ragraph 10 ,2. A modification may only be Issued .fter execution ofthe Contr.ct, it must be in writing and signed by the party against whom the modiflcation is sought to be enforced. Non-conformlnc Work means work that does not conform to the Contract Documents and Includes work that is unsatisfactory, faulty, or deflclent or that does not meet the reqUirements of any applicable inspection, reference standard, test, or that does not meet any approval reqUired by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT's recommendation of nnal payment (unless responsibility for the protection thereof has been assumed In writing by CITY). Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfllled by it within the time specified, CITY will execute and deliver the Contract to him. Not!ce to Proceed' A written notice g!ven 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. &rum: An Individual or leg.1 entity. ~ The entire construction operatlon being performed as delineated In the Contract Documents. ~ The term "policy" as used In the Contract Documents shall mean the Insurance binder, if it Is Issued, the declaration page of the policy and the body of the policy. Including all endorsements. REf: Request for Proposal. Scope of Services .. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase Is used clearly means otherwise. Shop Drawings: All drawings, diagrams , illustrations, brochures. schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manuracturer, supplier, or distributor. and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. SamJllH;. Physical examples which Illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Spedncatlons; Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Sybcontractor: An individual, flrm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Sybstantial Completion' The date, as certlfled by the CONSULTANT, when the construction of the Project or a certifled part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which It was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or If there be no such certiflcation, the date when final payment Is due In accordance with paragraph 14.9 . However, In no event shall the project or portion thereof. be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully Thomas P. Pep. 02-2]-,5 ., Issued by the applicable governmental agency. A certificate of Substantial Completion. Issued by the CONSULTANT, shall be null and void If it Is based on false. misleading or Inaccurate Information. from any source. or when It would not have been Issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. ~ Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item. but who does not perlorm labor at the site of the Work. ~ The individual or entity who Is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor. services and materials used on the project. W2rk;, Any and all obligations. duties and responsibilities necessary for the successful performance and completion of the Contract. ~ The term "Notice" as used herein shall meim and Include all written notices, demands, Instructions, claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served If delivered in person to the Individual or to a member of the firm or to an officer of the corporation for whom It Is Intended, or to an authorized representative of such Individual, firm. or corporation. or if delivered at or sent by registered mall 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. ARTICLE 2 -PRELIMINARY MATTERS Amrlt 2.1 The CITY reserves the right to reject any and all Bids, at Its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded Its Investigation, as it deems necessary. to establish, to the satisfaction of the CITY, which Bidder Is the most responSive and responsible of all the Bidders to complete the Work within the time prescribed and In accordance with the Contract Documents , The CITY reserves the right to reject the Bid of any Bidder who Is not believed to be. in the sole discretion and satisfaction of the City. to be sufficiently responsible. qualified and financial able to perlorm the work. In analyzing a Bid. the CITY may also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract Is awarded. the CITY shall Issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execytlon 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 other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that reqUires the signature of a party may be executed in counterparts separately by each of the parties and. In such event, each counterpart separately executed shall. without proof or accounting for the other counterpart be deemed an original Contract Document. Eorlejtyre of Bid SecyritylPerlormance and payment Bond. if any are reqylred by the applicable REP; 2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached . 2.3.1 Each Bond shall be In the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man. laborers. or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3 .2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3 .3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded In the public records of Miaml·Dade County and provide CITY with evidence of such recording. Thomas F. Pepa 01·1)·15 62 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds In accordance with the United States Department of Treasury C ircular 570. current revisions . 2.3.6 The CITY shall only be requ ired to accept a surety bond (rom a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to e x ecute and deliver the Contract, and deliver the required bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forlelted. Contractor's Pre-Start Representation ' 2.4 CONTRACTOR represents that it has familiarized Itself with. and assumes full responsibility for having familiarized Itself with the nature and extent of the Contract Documents. Work, locality, and with all local conditions and federal. state and local laws , ordinanco, rules and regulations that may in any manner affect perlormance of the Work. and represents that It has correlated Its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to In the specifications and made such additional surveys and Investigation s as it deems necessary for the performance of the Work reflected In the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Proj ect: 2.6 CONTRACTOR shall start to perform its obligation s und e r the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the date on which the Contract Time comme nces to run, e xcept with the w r itten cons e nt of the CITY . Before Startin, ConstrYctioo' 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict. error, o r discrepancy which It may d iscover. Ne ither 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, error, or discrepancy In the Drawings or Specincations nor shall the CONTRACTOR be entitle to any compens ation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, err or, or discrepancy In the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery o( the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT (or approval, an estimated construction schedule Indicating the starting and completion dates of the various stages of the Work. and a preliminary sch edule of Shop Drawing submissions . The CONSULTANT shall approve th is schedule or requ ire revisions thereto within seven (7) calendar days of Its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after deliv e ry o( the exe cuted Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Pr oject. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and Its Superintendent . Oualifi cat lons of Subcontractors, Material men and Suppljers : Thomas F. Pepe 01-1]·15 61 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (Including those who are to furnish principal items of materials or equipment) proposed for those po"ions of the Work as to which the Identity of Subcontractors and other persons and organizations must be submitted as specified In the Contract Documents. Within thirty (30) calendar days after receiving th.lis~ the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such liS!, The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on tho list within thl"y (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not In conformance with the requiremenu of the Contract Documenu. 2. I I If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptablo substitute without an Increase in Its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be dono and materials to be furnished, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used In the performance of the Work. ARTICLE l-CORRELATION. INTERPRETATION ANP INTENT OF CONTRACT DOCUMENTS 3 .1 It is the Intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what Is called for by one is as binding as if called for by all the documenu. If CONTRACTOR finds a conflict. error or discrepancy In the Contract Documenu, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention In writing. The various Contract Documents are complementary; In case of conflict, error or discrepancy, the more stringent Interpretation and requirement that shall provide the maximum benefit to the Owner snail apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be Interpreted, unless otherwise specifically stated, to mean "furnish and Install complete in place and ready for service". 3.4 Miscellaneous Items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating Installation, or usable structure, providing the indicated functions, shall be furnished and Installed without change In the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, Including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory Is an essential part, and shall be approved by the CONSULTANT before Installation. The above reqUirement is not Intended to Include major components not covered by or Inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all componenu of the Work shall be Installed or erected in accordance with the best practices of the pa"Jcular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility Installations properly perform the specified function. If the CONTRACTOR Is prevented from complying with this provision due to the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State BUilding Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, It shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. Thomas F. Pep. 01 ·1]·15 3.8 Brand names where used In the technical specifications, are Intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used In connection with brand names, shall be Interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT. as the material or product so specified . Proposed equivalent Items must be approved by CONSULTANT before they are purchased or incorporated In the Work. (When a brand name, catalog number, model number. or other identification, is used without the phrase ·or equal", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the Singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical Interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work Involving a conflict In the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there Is a conflict between or among the Contract Documents , only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents arc set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below It. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (I) (g) (h) (I) (j) Drawings and Specifications arc to be considered complementary to each other ARTICLE 4 _ AVAILABILITY OF LANPS SUBSURFACE CONPITIONS REFERENCE POINTS Ayailability of lands : 4.1 The OWNER shall furnish, as Indicated In the Contract Documents, the lands upon which the Work is to be done, rlghts·of·way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes In existing facilities will be obtained and paid for by the OWNER, unless otherwise specified In the Contract Documents. Other access to such lands or rlghts.of·way for the CONTRACTOR'S convenience shall be the responSibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equ ipment . 4.2 The CITY will. upon request, furnish to the Bidders , copies of all available boundary surveys and subsurface tests at no cost. Subsydace Conditions; 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the cond itions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water. electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information Is reasonably ascertainable from an Inspection of the site, Including all exploratory work done by the OWNER! CONSULTANT on the site or any contiguous site, as well as from Information presented by the Drawings and Specifications made part of th is Contract, or any other Information made available to It prior to receipt of bids. Any failure by the CONTRACTOR to acquaint Itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The OWNER assumes no res pons ibility for any Thomas F. P.pe 01·1]·15 6S conclusions or Interpretations made by the CONTRACTOR on the basis of the Information made availabl. by the OWNER! CONSULTANT. Djfferjnr Site Condltloos; 4.4 The CONTRACTOR shail within forty eight (48) hours of Its discovery, and before such conditions ar. disturbed, notify the CITY In writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site. of an unusual nature, differing materially from those ordinarily encountered and generally Inherent In Work of the character provided for In this Contract. The CITY shall promptly Investigate the conditions, and If It finds that such conditions do materially differ to the extent as to cause an Increase or decrease in the CONTRACTOR'S cost of. or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified In writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done In writing Signed by the City Manager or the CONSULTANT. ARTICLE 5 -INSURANCE Contractor shall comply with the Insurance requirements set forth In the Supplementary Conditions to the Contract. ARTICLE 6. CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time reqUired by the Contract, as the CONTRACTOR'S representative at th e site. The Supervisor or so deSignated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifleatlons and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of '.'As-Built" drawings, as well as the original Specifieations, Drawings, Addenda, Modifications and Shop Drawings with annotations , shall be made available to the City at all times and It shall b. delivered to the CITY upon completion of the Project. Labor. Matedals and EqYipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site . 6.3 The CONTRACTOR shalf furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances , fuel , power. light, heat, local telephone, water and sanitary facilities and all other facilities and Incidentals necessary for the execut ion. testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise prOVided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are speclfled or approved. such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied. Installed, connected, erected. used , cleaned and conditioned In accordance with the Instructions of the applicable manufacturer. fabricator, or processors . except as otherwise provided In the Contract Documents . Thomas F. Pepe 01-1)·15 •• Work 6.6 Materjals. Equipment Prodycts and Sybstjtytloos ' Materials. equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials. equipment or products , together with such samples as may be necessary for them to determine their acceptab1l1ty and obtain their approval. within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal " equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6 .1 Whenever a material, article or piece of equipment Is Identified on the Drawings or Specifications by reference to brand name or catalog number, It shall be understood that this Is referenced for the purpose of defining the perlormance or other salient requirements and that other products of equal capacities. quality and function shall be considered. The CONTRACTOR may recommend the substitution of a mater ial. article. or piece of equipment of equal substance and function for those referred to In the Contract Documents by reference to brand name or catalog number. and If. In the opinion of the CONSULTANT. such material. article. or piece of equipment Is of equal substance and function to that specified. the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts reqUired to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or Installed without the written approval of the CONSULTANT who shall be the Judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials. equipment or products not conform to requirements of the DraWings and Specifications or become damaged during the progress of the Work. such Work or materials shall be removed and replaced. together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an Interest Is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them In the Work. 6.6 .6 Non-conforming Work: The City of South Miami may withhold acceptance of. or reject Items whi ch are fouod upon examination. not to meet the specification requlremenlS or conform to the plans and drawings. Upon written notification of rejection, items shall be removed or un Installed within five (5) business days by the CONTRACTOR at his own expense and redelivered andlor r einstall ed at his expense . Reje c:ted goods left longer than thirty (30) calendar days shall be regarded as abandoned and the CITY shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods . Rejection for non-conformance or failure to meet delivery schedules may result in the CONTRACTOR being found In default. 6.6.7 In case of default by the CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR respons ible for any excess costs occasioned or incurred thereby. 6.6.8 The CITY reserves the right. In the event the CONTRACTOR cannot provide an Item(s) or service(s) in a timely manner as requested, to obta in the good andlor services from other sources and deducting th.e cost from the Contract Price without Violating the Intent of the Contract . Concern!or Subcontractors' 6.7 The CONTRACTOR shall not employ any Subcontractor. against whom the CITY or the CONSULTANT may have reasonable obJection. nor will the CONTRACTOR b. required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT. unle" the CONSULTANT determines that there Is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and om issions of its Subcontractors and of persons and organ izations 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 om issions of persons directly employed by them . Nothing in the Contract Documents shall create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization haVing a direct contract with CONTRACTOR. nor shall it create any obligation on the part Thomas F. Pepe 02-n-1S 67 of OWNER or CONSULTANT to payor to see to payment of any persons due subcontractor or other person or organization. except as may otherwise be required by law . CITY or CONSULTANT may furn ish to any Subcontractor or other person or organization. to the extent practicable. evidence of amounts paid to the CONTRACTOR on account of speciRed Work done In accordance with the schedule values . 6.9 The divis ions and sections of the SpeciRcatlons and the Identificat ions of any Drawings shall not control the CONTRACTOR In dividing the Work among Subcontractors or delineating the Work performed by any specific trade . 6.10 The CONTRACTOR agrees to bind sp ecifically every Subcontractor to the applkable terms and conditions of the Contract Documents for the benefit of the OWNER . 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR sh.1I cause approprl.te provisions to be Inserted in .11 subcontr.cts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents Insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents . 6.12.2 Tho CITY o r CONSULTANT will not und e rtake to settle any differences between the CONTRACTOR and the ir Subcontracto rs or between Subcontractors . 6.12.3 If in the opinion of the CONSULTANT. any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR If and when directed by the CONSULTANT in writing. 6.llA Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of th e terms of the subcontract. Including the hir ing and retention of employees for the performance of Work that would discriminate against any pe rson on the basis of race, color, creed . religion, nat ional origin, sex, age. se xual orientation, familial status or disability. Th is paragraph shall be made a part of the subcontractor's contract with the Contractor. Patent Fees and Royalties' 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs Incident to the use of any invention. design, process or device which is the subject of patent rights or copyr ights held by others. He shallindemni!y and ho ld harmless the OWNER and the CONSULTANT and anyone directly or indirectly employed by either of them from against all cla ims, damages. losses and expenses (Including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work. and shall defend all such claims in connection with any alleged Infringement of such rights. 6.14 The CONTRACTOR shall be responsibl e for determining the application of patent rights and roy.lti e s materials, appliances . art icles or systems prior to bidding. However. he shall not be responsible for such determination on systems which do not involve purchase by them of mater ials, appliances and articles . fmnin; 6.15 The CONTRACTOR shall secure and p.y for all construction permits and licenses and shall p.y for all governmental charges and Inspection fee s necessary for the prosecution of the Work , which are applicable at the time of his Bid . When such charges are norm.lly made by the CITY and when so stated in the Speci.1 Conditions. there will be no charges to the CONTRACTOR. The CITY shall ass ist the CONTRACTOR. when necessary. In obtaining such permits and licenses . The CONTRACTOR shall also pay all public utility charges. Electrical Power and Liehtine: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by IL This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be prov ided by tho CONTRACTOR in.1I sp.ces at all times where necessary for good and proper workmanship, for Inspection or for safety. No temporary power shall be used off temporary lighting line s without specific approval of the CONTRACTOR. laws and Reeulatloos: Thomas F. Pep. 02·13·15 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work . If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, It shall give the CONSULTANT prompt wr itten notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing It to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from ; however. it shall not be Its primary re sponsibility to make certa in that the Drawings and Specificat ions are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract , Including the hiring and retention of employees for the perlormance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual ori entation. familial status or disability. llw; 6.18 Cost of all applicable sale s, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be Included in the Contract Price stated by the CONTRACTOR. SafetY and Protection: 6.19 The CONTRACTOR shall be responsible for Initiating , maintaining and supervising all safety precautions and programs In connection with the Work. They shall take all necessary precautions for the safety of, and shall provid e the necesS:ilry protection to prevent damage, Injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19 .2 All the Work and all materials or equipment to be Incorporated therein, whether in storage on or off the site, and 6.19 .3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. pavements. roadways, structures and utilities not deSignated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responSible member of their organization at the site whose duty shall be the prevent ion of accidents . This person shall be the CONTRACTOR'S Sup erintendent unless otherwise de Signated In writing by the CONTRACTOR to th e CITY. Emerfendes ' 6.21 In emergenCies affecting the safety of persons or the Work or propen.y at the site or adjacent thereto. the CONTRACTOR, without special Instruction or authorization from the CONSULTANT or CITY , is obligated to act, at his discretion, to prevent threatened damage, injury or loss . He shall give the CONSULTANT prompt writton notice of any Sign ificant changes In the Work or deviations fr om the Contract Documents caused thereby. If the CONTRACTOR believes that add itional Work done by him In an emergency which arose from causes beyond his control entitl es him to an increase In the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and 12 . ShOD Drawlnfs and Samples ' 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, In accordance with the accepted schedule of shop drawing submissions, six (6) cop ies (or at the CONSULTANT option, one reproducible copy) of all Shop DraW ings, which shall have been checked by and stamped with the approval of the CONTRACTOR . The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with resp ect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the Information without any unnecessary Investigation . 6.2] The CONTRACTOR shall also submit to the CONSULTANT for revi e w, with such promptness as to cause no delay In Work. all samples required by th e Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified cl early as to material , manufacturer, any pert inent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT , In writing, of any deviations between the Shop DraWings or samples and the requirements of the Contra ct Documents . 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the In(ormatlon given In the Contract Documents . The review of a separate item as such will not Indicate Thomu F. Pep. 02-1)·15 69 revIew of the assembly in whIch the Items functIons . The CONTRACTOR shall make any correctIons required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the revIew is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, In writing, of any prior Shop Drawing or revisions to Shop Drawings that are In conflict with each submission or re-submlsslon. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined andlor verifled all quantities , dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility (or doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved In writing by the CONSULTANT . A copy of each Shop Drawing and each approved sample shall be kept In good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by tho CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review o( Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility (or any deviations from the requirements o( the Contract Documents unless the CONTRACTOR has Informed the CONSULTANT, in writing. to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by Its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples . Cleanlne Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as Is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance o( 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 (orm 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 prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition . 6.29 If the CONTRACTOR does not clean the Work sIte, tho CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and SafetY: 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area o( Work shall be provided (or in a satisfactory manner, consistent with the operation and local conditions . "Street Closed" signs shall be placed Immediately adjacent to the Work, in a conspicuous poSition, at such locations as traffic demands . At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and In particular, the City of South Miami Pollee Department, before the street is closed and again as soon as it is opened . Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions! 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not In his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance . Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification; Thomas F. Pep. 02-21-15 70 6.32 Contractor shall comply with the Indemnification requirements set forth In the RFP and In EXHIBIT 2 of the Supp1ementary Conditions (Insurance and Indemnification requ irements). 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 act ion or proceeding by counsel satisfactory to CITY. The Indemnification provided above shall obligate CONTRACTOR to defend at Its own expense or to provide for such defense , at CITY'S option, any and all claims of liability, and all suits and actions of every name and description that may be brought against 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 und e r paragraph 6.33 shall not extend to the liability of the CONSULTANT, Its agents or employees ariSing out of <a) the preparation or approval of maps, draWings, opinions, reports, surveys. Change Orders, designs or specifications or (b) the gi vi ng 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 Indemnification prov isions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all Insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or In part by any ac~ om ission, or default of the Contractor, the Contractor's subcontractors, 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 construction contract . Respons!b\ljty for Connection to Ex /stinr Work 6.35 It .hall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously Installed as reqUired by the Drawings and Specifications to prov ide a complete Installation. 6.36 excavations, grading, fill, storm drainage, pav ing and any other construction or in stallations in rights-of- ways of streets, highways, public carr ier lines, utility lines, either aerial, surface or subsurface, etc ., shall be done In accordance with requirements of the spec!al conditions. The OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36 . Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certlOcates, In triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36 .1 The CITY will cooperate with the CONTRACTOR in obtain ing action from any utilities or public authorities involved In the above reqUirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pave'ment, storm drainage structures , and other Items which must be established by governmental departments as soon as grading operations are begun on the site and, In any case, sufficiently early In the construction period to prevent any adverse effect on the Project . COQperation with Governmental Departments . pybllc Utilities . Etc .' 6.37 The CONTRACTOR shall bo responsible for making all necessary arrang ements with governmental departments , public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephon e, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits . poles, guys, etc., including Incidental structures connected therewith, that are encountered In the Work in order that such items are properly shored, supported and protected, that their location is Identified and to obtain authority from these third parties for relocation If the CONTRACTOR desires to relocate the Item . The CONTRACTOR shall give all proper notices, shall comply with all reqUirements of such third parties in the performance of his Work. shall permit entrance of such third parties on the Project In order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention Is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others In repairing or moving poles, condUits, etc. The CONTRACTOR shall cooperate with the above parties In every way pOSSible, so that the construction can be completed In the least possible time . 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 use In or upon the Work, or In any way affect the conduct of the Work, and no plea of Thomas F. Pepa 02·])·15 71 misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use premises: 6.38 CONTRACTOR shall confine its apparatus , storage of materials, and operations of Its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areilS off site. 6.38 .1 CONTRACTOR shall not overload or permit any part of any structure to be loaded wi,h such weight as will endanger Its safety. nor shall it subject any work to stresses or pressures that will endanger It. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate wi,h CITY In rou'ing and parking of au'omoblles of its employees . subcontractors and other personnel . as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City w ill designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job sl,e and ,he general publi c. 6.38.5 The CONTRACTOR shall furn ish, Install and maintain adequate construction office facilities for all workers employed by It or by Its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnish e d In strict accordance with existing governing regulations . Field offices shall Include telephone facilities . Protection of existing Property Improyements' 6.38 Any existing surface or subsurface Improvements, such as pavements. curbs , Sidewalks , pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not Ind icate d on the Drawings or noted in the Specifications as being removed or altered shall be prote cted from damage during construction of the Project . Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 1 • WORK BY OTHERS. 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall affo rd the other contractors who are parties to such direct contracts (or the OWNER. If it is performing the additional Work Itself), reasonable opportun ity for the Introduction and storage of materials and eqUipment and the execution or Work, and shall properly connect and coordinate Its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or denclencles In such Work that render It unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting. nttlng and patching of the Work that may be required to make Its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting. excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and ofthe other contractor whose work will be affected. 7.4 If the performance or additional Work by other contractors or the OWNER Is not noted in the Contract Documents prior to the execution of the Contract, written notice th e reof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the 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 with in 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 Thomas F. Pepe 01·13·15 72 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 e.pense 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 (or the best Interest of the Work in order to prevent delay in tho execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves Informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors Interfere with the CONTRACTOR's operations , the CONTRACTOR shall notify the CONSULTANT Immediately and in writing. Lack ofsuch 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 coord ination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting (rom lack of notice, untimely notice, failure to respond to notice. Defective Work or lack of coord ination shall be the CONTRACTOR 's cost. 7.10 The CITY reserves the right In the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good andlor services (rom other sources and deducting the cost (rom the Contract Price without violating the intent o( the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES. 8.1 The CITY will Issu. all communications to the CONTRACTOR through the CONSULTANT . 8.2 In cases of termination of employment olthe CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT . 8.3 Th. CITY sh.II promptly furnish the data required of them under the Contract Documents . 8,4 The CITY'S duties In respect to providing lands and eilSements are set (orth In Paragraphs 4.1 and 4 .2. 8.S The CITY shall have the right to take possession o( and use any completed or partially completed portions o( the Work, notwithstanding the fact that the time (or completing the entire Work or any portion thereof may not have e xpired; but such taking possession and use shall not be deemed an acceptance o( any Work not completed In accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS pURING CONSTRUCTION. City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitat ions o( authority of the CONSULTANT as the CITY 'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision . In matters relating to aesthetics . shall be final. if within the terms o( the Contract Documents. 9.1.2 Except as may be otherwise provided in th is contract, all cla ims, countercla ims. d isputes 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 o( competent jurisdict ion within the State of Florida . Visjts to Site: 9.2 The CONSULTANT shall provide an Inspector to make periodic visits to the site at each phase of construction to observe the progress and quality o( the executed Work and to determine If the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance (or the OWNER and all applicable regulatory agencies that construction Is In compliance with the Construction Documents and appUcable laws , rules and regulations . On the basis of these on site· observations as an e xperienced and qualified design pro(essional, he shall keep the CITY informed of the progress of the Work and shall guard the OWNER against defects and deficiencies in the Work o( CONTRACTOR . Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or Interpretations o( the Contract Documents (In the (orm o( Drawings or otherwise) as it may determine necessary. which shall be consistent With, or reasonably Inrerable (rom, the overall Intent o( the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extens ion of Contract Time based on a written clarification andlor interpretation It shall be requIred to submit a timely claim as prOVided in Articles I I and 12 . Thomas F. Pepe 02·2]·15 7l Measyrement of Qyantitles: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the Item measured. Relectlnr Defective Work: 9 .S The CONSULTANT shall have authority to disapprove or reject Work that Is "Defective Work" as defined In Article I. It shall also have authority to require special inspection or testing of the Work including Work (abrlcated on or off site, installed or completed as prOVided. In the event that the CONSULTANT requ ires testing of completed Work, the cost of such Inspections andlor testing shall be approved In writing by the CITY. All consequential cost o( such inspections and testing. including but not limited to the cost o( testing and Inspection, the cost of repairing any o( the Work. or the work of others, the cost to move (urnlture and equipment andlor the cost to provide alternative (acilitles until the repair work can be completed, shall paid by the CONTRACTOR If the Work Is found to be Defective Work. Shop Drawinrs. Chanre Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop DraWings and samples, see paragraphs 6 .25 through 6.28, Inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9 .8 In connection with the CONSULTANT responsibilities with respect to the Application (or Payment, etc., see Article 14. Decisions on Djsarreements: 9.10 The CONSULTANT shall be the Initial Interpreter olthe Construction Documents. Lim itations on Consultant's Responsibilities : 9.11 The CONSULTANT will not be responsible (or the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs Inc/dent thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK, 10.1 Without Invalidating the Contract, the CITY may, at any time or (rom time to time, order additions, deledons or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work Involved . All such Work shall be performed under the applicable conditions of the Contract Documents. I( any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening o( the Contract Time, an eqUitable adjustment will be made as provided in Article II 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 Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change In the Work as well as to any change in the time to complete the Work under the circumstances. The (ailure to include a time e xtens ion In the Change Order or in the request (or a change order shall result in a waiver o( 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 (ormal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entities the CONTRACTOR. to an Increase In the Contract Price or extension of Contract Time, It must submit a written notice o( intent to demand a Change Order within twenty (our (24) hours o( the Issuance o( the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle It to an Increase In the Contract Price or an e xtension o( the Contract Time, except in the case of an emergency as provided In paragraph 6.22 and except as prOVided In paragraph 10.2. Thomas P. Pep. 02-2)·15 14 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes In the Work. to be performed as provided In paragraph 4.4, and Work performed In an emergency as provided In paragraph 6.22 and any other claim of the CONTRACTOR for a change In the Contract Time or the Contract Price which Is approved by the CONSULTANT. 10.5 It Is the CONTRACTOR'S responsibility to notify Its Surety of any changes affecting the general Scope of the Work or change In the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment In the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE II -CHANGE OF CONTRACT PRICE. 11 .1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All dutle!, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11 ,2 The CITY may, at any time, without written notice to the sureties, by written order deSignated or indicated to be a Change Order, make any change In the Work within the general scope of the Contract, including but not limited to changes to or In : 11 .2.1 Speclflcatlons Qncluding drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equlpmen~ materials, services, or site ; or 11.204 Acceleration In the performance of the Work. 11 .3 Except as provided In this section, or sections referred to In this section. no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change In the Work is specifically and expressly provided for In a written Change Order. or as otherwise provided In another section of the Contract Documents. 1104 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 CONTRI)CTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an Increase or decrease In the CONTRACTOR'S cost of. or the time required for. the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a tim e ly agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract Imodified accordingly. II .S If the CONTRACTOR Intends to assert a claim for an eqUitable adjustment or ~ontest the equitable adjustment made by the CONSULTANT, It shall, within ten (10) calendar days after receipt of a written Change Order, subm it to the CITY and CONSULTANT a written notice Including a statement setting forth the general nature and monetary extent of such claim for equitab le adjustment. time e xtension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed In section I 1.7 and I 1.8. 11.6 No claim by the CONTRACTOR for an eqUitable adju stment hereunder shall be allowed if not submitted In accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an Increase or decrease in the Contract Price shall be determined In one of the following ways: 11.7.1 By negotiated lump sum . 11.7.2 On the basis of the reasonable cost and savings that results from the change In the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. lithe CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation 11 .8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to In writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami·Dade County and shall Include only the following items: 11 .8.1 Payroll costs for employees In th e direct employ of CONTRACTOR In the performance of the Work described In the Change Order under schedules of job classifications agree d upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be lim ited to: salaries and wages, plus the costs of frln~e beneflts which shall Include social security contributions. unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall Thomu F. Pep. 01·11·15 75 include slIperlntendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included In the above only if authorized by CITY and provided It was not in any way, whether in whole or In part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due In whole or In part to Defective Work of the CONTRACTOR. 11 .8.2 Cost of all materials and equipment furnished and incorporated In the Work, including costs of transportation and storage, and manufacturers' field services required In connection therewith . The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for Items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR falls to timely notify the CITY of the dlscoun\S or If the OWNER deposits funds with CONTRACTOR with which to make payments In which cases the cash discounts shall accrue to the OWNER . All trade discounts. rebates and refunds. and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provis ions so that they may be obtained. 11 .8.3 Payments made by CONTRACTOR to 'he Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine. with the advice of the CONSULTANT, which Bids will be accepted . No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract prOVides that the Subcontractor Is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall be determined in accordance this section 11.8 and In such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". 11 .8.4 Rentals of all construction equipment and machinery. except hand tools. and the parts thereof whether rented · from CONTRACTOR or others In accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading. unloading. Installation, dismantling and removal thereof -all in accordance with terms of said rental agreements . The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11 .8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR Is liable, Imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses . Costs for permits and licenses must be shown as a separate Item. 11 .8.7 The cost of utilities, fuel and sanitary facilities at the site. II .B.B Minor expenses such as telegrams. long distance telephone calls , telephone service at the site , expressage and si milar petty cash items in connect ion with the Work. II.B.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11 .9 The term Cost of the Work shall NOT include any of the following: 11 .9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sale proprietorships). general managers, engineers. architects, estimators , lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or In Its principal or a branch office for general administration of the Work and not specifically Included In the schedule referred to In Subparagraph 11 .5. 11 .9.2 Expenses of CONTRACTOR'S principal and branch offices other than Its office at the site . 11.9.3 Any part of CONTRACTOR'S capital expenses, Including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all Insurance poliCies whether or not CONTRACTOR Is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11 .8.9). 11 .9.5 Costs due to the negligence of CONTRACTOR , any Subcontractor, or anyone dlrectiy or indirectly employed by any of them or (or whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11 .9.6 Other overhead or general expense costs of any kind and the costs of any item not speCifically and expressly Included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: Thomas F. Pep. 01·1)·15 76 11.10.1 A mutually acceptable firm fi xed price ; or If none can be agreed upon . 11.10 .2 A mutually acceptable fi xed pe rcentage (not to exceed 15%). 11 .11 The amount of credit to be allowed by CONTIIACTOR to OWNER for any such change wh ich 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 11.8. When both add itions and credits are involved in anyone change, the nct shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTIIACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12. TIME FOR COMPLETION. LlOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12 .1 Time is of the essence to this contract and the date of beginning and the time (or completfon of the Work are essential conditions of the Contract . Therefore, the Work shall be commenced on the date spec/fied In the Notice to Proceed and completed within the time specified for completion of the work. 12 .2 The CONTIIACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time . It Is expressly understood and agreed , by and between the CONTIIACTOR and the OWNER, that the Contract Time for the completion of the Work described herein Is a reasonable time, taking into consideration the average climat ic and economic conditions and other factors prevailing In the locality of the Work. No extension of time shall be granted due conditions that th e Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as prOvided In section 12.7. 12.3 If the CONTIIACTOR shall fall to complete the Work with in the Contract Time , or extension of time granted by the CITY , then the CONTIIACTOR shall pay to the OWNER the amount of liqu idated 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 fi xed and agreed upon between the parties, recognizing the Impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obvlate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time . The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given . 12 .3.2 CITY Is authorized to deduct the liquidated damages from monies due to CONTIIACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension In the CONTIIACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim Including supporting data . All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12 .5 All time limits stated in the Contract Documents are of the essence of the Contract. 12 .6 No claim for delay shall be allowed because of fallure to (urnlsh Drawings before the expiration of fourteen (14) calendar days after demand has been made in wr iting to the CONSULTANT forsuch Drawings . Furthermore, there shall be no monetary compensation for such delay and the CONTAACTOR's sole remedy shall be an extension of time for the p'eriod of delay . 12 .7 extensions to the Contract Time for delays caused by the effec~s of inclement weather shall not be granted unless the weathe:r was unusual for South Florida and could not have been anticipated, the abnormal weather Is documented by records from the national weather service and the abnormal weather Is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTIIACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or ~umulatively, and then the damages shall be limited to Increased cost of materials that were unanticipated and that would not have been Incurred but (or the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for In Section 12 .4 which shall be the sole and exclusive remedy for such resulting delay . Other than as set forth above, CONTIIACTOR shall not be entitled to an Increase In the Contract Price or payment or comp ensation of any kind from OWNER for direct, Indirect. consequential, Impact or other costs, expenses or damages, Including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, aris ing because of delay, disruption, interference or hindrance from Thomas F. Pepe O1·1]·IS 77 any cause whatsoever, whether such delay, disruption, Interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the C ity In writing on or before the 21 st day following the date of the event upon which the claim Is based . 12.10 Dispute Resolution : If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience. the CONTRACTOR and the city department responSible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and the CONSULTANT shall rule on the disputed issue and ,end a written copy of Its decision to the CONTRACTOR. CONTRACTOR 'hill comply with such decision and shall not delay the project. ARTICLE I J -GUARANTEE. III The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as Indicated In the CONSULTANT letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever Is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Anal Acceptance as Indicated In the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fall to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but faU to prosecute the corrective work continuously and diligently and In accordance with the Contract Documents, applicable law, rules and regulations . the CITY may declare an event of default, terminate the Contract In whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby Incurred. The Performance Bond shall remain in full force and effect through tho guarantee period . 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed In Section 13.1, shall take precedence over Sect ion 13 .1. 13.3 CONTRACTOR shall act as agen~ on a limited ba,ls 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 und er thi s Contract . 13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or Incurred thereby . 13.5 The CITY may withhold acceptance of, or reject Items which are found upon examination, not to meet the specification requirements. Upon written notlflcatlon of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expen,. and redelivered at his expen,e. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dlsppse 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·conforming Work or failure to meet del ivery schedules may result In the Contract being found In default . ARTICLE 14. PAYMENTS ANP COMpLETION. Payments to Contractor 1 .... 1 The Contractor shan not be entitled to any money for any work performed before the Issuance of a Notice to Proceed on the form described In the Contract Documents and the Issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require . All progress payment applications after the first progress payment shall be accompanied by partial r el eases of lien executed by all persons, firms and corporations who have furnished labor, services or materials Incorporated Into the work during the period of time for which the previous progress payment was made. releasing such clall'}1s and lien rlghu , if any. of thoso persons . If payment is requested on the basis of materials and equ ipment not Incorporated In the Work but delivered and SUitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data . satisfactory to the CITY. Thomas F. Pep. 02·2)·15 78 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 covering the material and equipment from all casualties as well as theft. vandalism. fire and nood. Th. CONTRACTOR shall replace at Its expense any stored materials paid for which are either damaged or stolen before Installation. The CONSULTANT will within ten (10) calendar days alter receipt of each partial payment estimate. either certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR. indicating in writing his reasons for refusing to approve payment. In the latter cas •• the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation to It of any approved partial payment esumate. pay the CONTRACTOR a progress payment on the basis olthe approved partial payment estimate. The OWNER shall retain ten (10%) percent olthe 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 persQns who have performed or furnished labor, services or materials, directly or Indirectly, which was Incorporated into the Work. If any person refuses to prOVide such a release or provides a conditional release, the CITY shall have the right to issue a Joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by an Application for Payment whether the Work. material or equipment Is Incorporated In the Project or not, shall have passed to the 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'1: and that no Work. materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an Interest therein or encumbrance thereon Is retained by the seller or otherwise Imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTANT's approval of any payment requested In an Application for Paymentshall constitute a representation by him to the CITY. based on the CONSULTANT's on site observations of the Work In progress as an experienced professional and on his review of the Application for Payment and supporting dau, that the Work has progressed to the point indicated in the Application (or 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 function ing Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualificatloijs stated In his approval); and thaI the CONTRACTOR Is entitled to payment of the amoupt approved. However. by approving. any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price. or that title to any Work. materIals. or eqUipment has passed to the OWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included In this request for payment and not yet incorpor~ted Into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier. the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a Joint check shall be made payable to the person in question and the CONTRACTOR In accordance with the settlement agreement, otherwise the money shall be Thomas F. Pep. 02-2)·15 79 held by the OWNER until a judgment Is entered In favor of the CONTRACTOR or the person, In which case the money shall be paid according with said Judgment . Nothing contained herein shall indicate an Intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if,ln Its opinion, it Is unable to make such representations to the OWNER as required this Section 14. It may also refuse to approve any payment, or It may void any pr ior 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 tho OWNER (rom loss because: 14.6.1 of Defective Work. or completed Work has been damaged requiring correction or replacement. 14.6.2 the Work (or which payment is requested car,mot be verified , 14.6.3 claims of Liens have been flied or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6..4 the Contract Price has been reduced because of modifications, 14.6.S the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14 .6.6 of unsatisfactory prosecution of the Work. including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6 .7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work In accordance with the Contract Documents, 14 .6.8 of liquidated damages payable by thc CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provis ions 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 port ions 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 oltheWork. 14 .8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by th e Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sale responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agcnts or cmployees of the OWNER. 14 .9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents . The entire balance found to be due the CONTRACTOR , Including th e retained 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 ePayables Vendor with the Owner. The Bank of America ePayables Solution Is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organlzadon going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. Th is card has unique security features , with $0 of available funds until an Invoice is approved for payment . After an Invoice has received proper and complete approval , an electronic remittance advice will be sent via e-mail , or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on th,e invoice andlor remittance email . Please refer to the ePayables Questions & Answers Form contained In this RFP or contact the OWNER's Finance department at (30S) 663·6343 with any questions. Acceptance of Final Payment as Releaso 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The wai Jer 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 CONTRACTOR or Its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial '!=ompletlon or Final Completion olthe Work as may be necessary In his opinion to protect the OWIWER from loss if he determines, because of subsequently discovered ev idence or the results of subsequen inspection or tests , that: Thomas F. Pepe 0l-2]·15 80 14.12.1 the Work Is defective, or that the completed Work has been damaged due to the fault olthe CONTRACTOR or any Individual or entity operating under or through It requiring correction or replacement to the extent that the project Is no longer Substantially Completed. or In the case of Final Completlon certification, Is no tonger Finally Competed . 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14 .12.3 claims or liens have been filed or rece ived, or there is reasonable evidence Indicating the probable filing or receipt thereof that, If valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% In the case of Substantial Completion and 5% In the case of Final Completion. 14.12.4 there Is Defective Work the value of which, if deducted (rom 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·certlfies any portion of the Work that was certified ("Initial Certification'1 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 tho decertified work Is re~ certified . ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice In writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed . The CONTRACTOR shall be allowed an Increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim Is timely made and if It is allowed under the terms of Articles I I or Article 12. City May Terminate 15 .2 If the CONTRACTOR Is adjudged bankrupt or Insolven~ or If he makes a general assignment for the benefit of Its creditors, or If a trustee or receiver Is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly (ails to make prompt payments to Subcontractors or for labor, materials or eqUipment or he disregards laws. ordinances. rules, regulations or orders o( any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of. the Contract Documents . then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipmen~ tools, construction eqUipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method It may deem expedlen~ In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work Is finished. If the unpaid balance of the Contract Price exceeds the direct and Indirect cosu of completing the Project, Including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the OWNER. Such costs incurred 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 defaul~ the rights and obligations of the OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15 .5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability. ' 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work Thomas F. Pepe 02·1]·15 81 executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed . IS.4A The CITY reserves the right in the event tho CONTRACTOR cannot provide an Item(s) or service(s) In a timely manner as requested, to obtain the good andlor services from other sources and deducting the cost from the Contract Price without violating the Intent of the Contract. Remoyal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall prompdy remove 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 expenso 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. Contractor May Stop Work or Terminate 15 .6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a per iod of more than ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT falls to act on any Application for Payment with in thirty (30) calendar days after it Is submitted, or the OWNER falls 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, term inate 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, lithe 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' nodce to the CITY and the CONSULTANT stop the Work until It has been paid all amounts then due. Indemnification of Independent Consultant 15.7 The CONTRACTOR and the CITY hereby acknowledges that If the CONSULTANT Is an independent contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to provide the CONSULTANT with a written indemnlflcadon and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision In this regard before the CONSULTANT makes an Interpretation, de·certlfies a payment application, decertifies Substantial Completion, decertifies final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE !6 -MISCELLANEOUS, 16 .1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the Individual or to iii member of tho firm or to an officer of the corporation for whom It is Intended , or If delivered at or sent by registered or certified mail , postage prep.ld, 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 Supplementary Conditions, If any, and the rights and remedies available hereunder, and , in particular but without limitation, the warranties, guarantees and obligations Imposed upon CONTRACTOR by the Contract Documents and the rights and remedies av.ilable to the OWNER and CONSULTANT thereunder, shall be In addition to, and shall not be construed In any way as a limitation of, any rights and r emedies available by law, by special guarantee or by other provisions of the Contract Documents . 16.4 Should the OWNER or the CONTRACTOR suffer Injury or damage to Its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made In writ ing to the other party within tw e nty one (21) calendar days of the first observance of such injury or damage. Thomas P. Pep. 02-13-15 82 ARTICLE 17 -WAIVER OF IURY TRIAL. 17. I OWNER and CONTRACTOR knowingly. Irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings In respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 -ATTORNEYS FEES IURISDICTION I VENUE I GOVERNING LAW. 18. I The Contract shall be construed In accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction In Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents . Venue of any action to enforce the Contract shall be In Miami-Dade County, Florida . 18.3 Except as may be otherwis~ prOVided in die Contract Documents, all claims, counterclaims, disputes and other matters In question between the OWNER and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided In a court of competent Jurisdiction within the State of Florida . ARTICLE 19 -PROIECT RECORDS. 19.1 The CITY shall have right to Inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project . During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to Its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are reqUired to comply with the public records law (s.119 .070 I) while providing services on behalf of the OWNER and the CONTRACTOR. under such conditions, shall Incorporate this paragraph In .11 of Its subcontracts for this Project. CONTRACTOR and Its subcontractors are specifically reqUired to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency In order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost , to the public agency all public records In possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . All records stored electronically must be provided to the public agency In a format that is compatible with the information technology: systems of the public agency. 19.3 If CONTRACCT0R or Its subcontractor does not comply with a public records request. the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to OWNER for its costs of enforcing this provision , Including attorney fees Incurred in all proceedings, whether administrative or civil court and In all appellate proceedings . ARTICLE 20 -SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held Invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. . ARTICLE 21 -INPEPENPENT CONTRACTOR. Thomas P. Pepe 02·2)·15 83 21 .1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel poliCies, taX responsibilities, social security and health Insurance, employee benefiu. purchas ing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The CITY will not unreasonably withhold andlor delay Its consent to the aSSignment of the CONTRACTOR's rights. The CITY may, in Its sole and absolute discretion, refuse to allow the 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 breach of the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sole satisfaction and the assignee e xecutes all of the Contract Documents that were required to be executed by the CONTRACTOR IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their Inclusion as part of the Contract Documents on this __ day of , 20---, ATIESTED: Signature: __________ _ Marla Menendez City Clerk Read and Approved as to Form, language, legality, and Execution Thereof: Signature: ---0:--,--------- City Attorney OWNER: CITY OF SOUTH MIAMI Signature: Steven Alexander City Manager END OF SECTION Thomas F. Pepe 02-1]·15 84 Supplementary Conditions "Manor Lane Traffic Calming Project" RFP #PW20 15·05 A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT Is defined as 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 Representative's name, address, telephone number and facsimile number are as follows: Consultant: TY Lin International 20 I Alhambra Circle Coral Gables, FI 33134 Ph: 305 567·1888; Fax 305·567·1771 B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished I 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. D. The Scope of Services Is set forth In the RFP and in the document set forth In the attached EXHIBIT I. E. Contractor shall comply with the Insurance and Indemnification requirements Is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 F. The Work shall be completed In 20 worklnll days unless a shorter time Is set forth In the Contract and in such event the Contract shall take precedent notwithstanding any provision In the General Conditions to the Contract that may be to the contrary .. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their Indusion as part of the Contract on this __ day of ,20-, ATIESTED: Signature: __________ _ Marla Menendez City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: -:::--:-_______ _ City Attorney !1res ldenl OWNER: CITY OF SOUTH MIAMI Signature: Steven Alexander City Manager END OF SECTION Thomas F. Pepe 01·1l·15 85 CORELAND CONSTRUCTION Woman-Owned Brulll4U SIM. C'trli/ied SmaJl Disorlwmlaged Business Slate 0/ FlQrlda Minority Bw/nels Enterprise (MBE) MiamJ.Dode CQIIIr/}' CommllltltySM/ Btu/ness Enlerpriu (CSSE) Project Name: Due Date: Submitted By: Point of Contact: Address: Phone Number: Submitted to: SEALED BID MANOR LANE TRAFFIC CALMING PROJECT RFP# PW201S·0S Thursday, April 23, 2015 / 10:00 a.m. CORELAND CONSTRUCTION CORP. Monica Hernandez 12301 SW 128TH Court, #107 Miami, FL 33186 305-233-1709 CITY OF SOUTH MIAMI CITY CLERK'S OFFICE 6130 Sunset Drive Miami, FL 33143 12301 S.W. (28t Court, Suitcl07 • Miami, FL33186 • 305-233-1709 Office. 305-233-1809 Fax www.corelandconstruction.com SoU~iami Ttl!: ClTV Of PUASANt lJVI"'(l. CITY OF SOUTH MIAMI Manor Lane Traffic Calming Project RFP #PW20 I S..oS Submittal Due Date: April 23, 20 I S at lOAM Solicitation Cover Letter The City of South Miami, Florida (herelnafter referred to .. "CSM") through Its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the CIty's request (hereinafter referred to .. "Request for Proposals" or "RFP"). All references In this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City Manager, or the manager's deslgne<l, for the City of South Miami unles. otherwise specifically deflned. The City Is hereby requestln$ sealed proposals In response to this RFP #PW2015·0S titled "Manor Lane Traffic Calming ProJect." The purposeofthls RFP Is to contract for the services necessary for the completion of the project In accordance with the Scope of Services, (Exhibit I), and the plan. andlor specifications, (Exhibit I; A«c1thment A. A«c1chment 8 and Attachment C), described In thlsRFP (hereinafter referred to as "the Project" or "Prolect'~ Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://v.W\V.southmlamlfl.gov/ which Is the City of South Mlaml's web address for solicitation Information. Proposals are subject to the Standard Term. and Condition. contained In the complete RFP Package, Including all dQCuments listed In the RFP Table of Contents. Th. Proposal Package shall consist of one (I) original unbound proposal. three (3) 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 en dosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or wrf~n on the exterior ofthe envelope or container In which the sealed ,proposal Is delivered: "Mano,rLaneTraffie, Calming Project" IIFP #PW2015·0S and the name of the Respondent (person or entity responding to the RFp). Special envelopes such as those provided by UPS or Federal Express will not be, opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Ollke of the City Clerk, either by mall or hand delivery, no later than ,10 A.M. local time on Apdl13, 201S. A public opening will take place at 10 A.M. on the Same date.in the City Commission Chambers located at City Hall. 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and In favor of the Clerk's receipt stamp. A Non·Mandatory Pre,Proposal Meeting will be conducted at City Hall In the Commission Chambers on April 13,2015 at 10:00 AM located at 6130 Sunset Drive, South Miami, F133143. The conference shall be held regardless of weather conditions. Proposal. are subject to the terms, ccmdltlonsand proviSions of this letter as weir .. to those provisions. terms. condit/ons.affidavlts and documents con9ined In this RFP Package. The City reserves the right to award the Project to the person with the lowest. most responsive, responsible Proposal. as determined by the City. subject to the rfght of the City. or the City Commission, to reject any and .all proposals, and the right of the City to waive any Irre$ularlty In the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute' a contract with a Respondent or Respondents, other than to one who provided the,lowest Proposal PrIce or. if the Scope of the Work Is divided Into distinct subdivisions, to award each subdivision to a separate Respondent.. Marla M. Menendez, CMC City Clerk City of South Miami INSTRUCTIONS for' RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICiTATION (HEREINAFTER ALSO REFERREDTO 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. Purpcne ,of RFP. ThQ Oty of South Miami I,' rQquutlng proposals for the lowest and most responsive price for the Project. The City reservu the right to award the contract to the Respondent whose proposal Ii found to be In the bait IntereSts of the City. 2. Qualification of PropOsing Firm. Response submittal. to this RFP will be conslderQd from flm\snormally e!lgOged in proViding the services requuted. The proposing firm must c\emonstrste adequate experience. organlzatlon,offiCQS, equipment and personnel to ensUrQ prompt and efficient serVIce to the City of South Miami. The City r'eservu the right. before recommending any award, to inspect the ofllCQS and organization or to take any other action necessary to determine ability to perform In accordance with the sJ'eclficadons, terms and conditions; The City of South Miami will determine whether the evidence of ability to perfor", Is satisfactory and, reseNu the right to rejett all ruponse submittals to this RFP where evidence submitted, or Investigation and evaluatlon, Indicates Inability of a firm to perform. 3; Deviations from Speclflcatlons. the awarded firm shall dearly Indicate, .. applicable, all areas In which the services proposed do not fully comply with the rQqulrQments of this RFP. The decision .. to whether an Item fully compliu 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. S. Precedence of CO,ndltlon •• , The proposing flrm, by virtue of submitting a ruponse, agrees that CIty's General PrOVision., Terms and Conditions herein will take prQcedence over any terms and conditions submitted with the response, either appearing separately as an attachment or Included Within the Proposal. The Contract Documents have bee~ listed below In order of precedence, with the one having the mOst precedence being at the tOp of the list and the remaIning documents In descending order of precedence~ This order of precedence shall apply, unlus dearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to RFP b) AttachmentslExhlbltsto RFP c) RFP d) Attachment/exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, If any f) AttachmentlExhlblts to Contract g) Contract h) General Conditions to Contract, if any I) Ruponden~s Proposal 6. Response Withdrawal. After Proposals arQ opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing flrm to Withdraw an erroneous Proposal prior to the confirmation of the proposal award by City CommiSSion, If all of the following Is established: a) The prpposlng firm acted in good faith In submitting the ruponse; 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 !he City Within twenty-four (24) hours (not induding Saturday, Sunday or a legal holiday) of opening the proposals rQtelved, along with a rQquest for permiSSion to Withdraw the firm's Proposal; and d) The firm sub!l1lts an explanation In writing. signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willfullnatteritlon nor made In bad faith. 7. The terms, proVIsions, conditions .~ddeflnitlons contained In the Solicitation Cover Letter shall apply to these Instructions to Respondents and they arQ hereby adopted and made a part hereof by reference. If there Is a confilctbetween the Cover Letter and these Instructions, or any other prOVision of this RFP, the Cover Letter shall govern and take precedence over the conflicting provislon(s) In the RFP. 8_ Any ql«!stlons concerning the Solicitation or any required need fordariRation must be made In writing, by April 'I 6, 20 I 5 at 10:00 AM to the attention of Steven P. Kulick at skulick@southmlamIO'loy or via facsimile at (305) 663.6346. Thomas F. Pope 01-13-15 4 9. The Issuance of a written addendum is the only ollidalrijethod whereby Interpretation and/or Clarification of Information can ~. given. Interpretations or c1arlflcatlolis, considered nec ... sary by the City In .. response to such questlons,shall be Issued by. written addendum t6 the RFPPackM;e (also known .. "RFPSpeclflcatlons" or "RFP'l by U.S,. mall, ""mail or 6ther delivery method convenient to· the City and the City will Mtlfy all prospective firms via the City's website. I Q. Verbal Interpretations or clarlflcatlonsshall be without 1"",1 effect. No plea by a Respondent of Ignorance or the ne.,.jfor additlOnlllnf9rmltlon shall exempt a Respondent from submitting die Proposal on ther'equlred date and time as set forth In the public notice. II. Cone of Silence: You are hereby advised that this Request for Proposals Is subject to. the "Cone of Silenca." In accordance with.Mlaml-Daoe County Ordinance Nos. 98106 and 99·1. From the time of adveitislng until the City Manager Issues his recommendation, dlere Is a prohibItion on verbal cOmmuhlcati9n with the CIty's professional staff, Including the City Manager and his staff. Ail written communication must complYWlthtihe requirements of the CC)J\eof Silence. The Cone of Silence does not apply to verbal communications at pre- prl>posl\l conferences' verbal. presentations before evaluation commlttees,contract dlscussle>n. during any duly notloed public meeting, public presentation. made to tlhe City Com.misslon during any duly notice public meeting, contract n.gotlallons with the staff following the City Manager's written recommendatiOn fortlhe award of the contract, or communications In WrIting at any time with any City employee, offidal or member of the City Commission uhle$! specifically prohibited. A copy of all written COmmunications must be contemporaneously flI,edwltlh the City Manager and CItY Clerk. In addition, you are required to comply with tlhe City Manager's AdmInIstrative Order AO 1.1 S. If. copy Is not atta,ched, please request a copy from the CIty', procurem.ent .Dlvlslon. ~d~~O~~~:~16~ ~t~,,~~~~rr~VfS~~r:T~~~:~~~~tf:+':~~~:GO;H'R~~~~ .DADE COUNTY EXCEPTION FOR WRITTENCQMMUNICATION THE COUNTY'S RUI;ES PROHIBITING VERBAL COMMUNICATION DU~IN(; AN ESTAJSLlSHEDCONE OF SILENCE !lHALL, WITH REGARD TO THISSOLlCl'r"TION, ALSO APPLY TO ALL WRITTr:N COMMUNIC"TIONUNLESS PROVI!)E!D .OTHERWISE BELOW. THI!RI!FORE, WHERETHr: CITY OF SOUTH MAIMICONEOF SILENCE PROHIBITS C0I'4MUNICATION,SUCH. PROHIB.ITION SHALL APPLY TO BOTH VERBAL AND Vi/RITTEN.COMMUNICATION, Notwithstanding the foregoing, the Cone Of Silence shall not apply to ... (I) Ouly.noticeCl site viSits to determine the competenCY of bidders regarding. partlcul.rbld durlnB the time period between .the IIpenlng of bid. alld the time that the City Manager make. hi. or her. written l'e!:ommendation; (1) Ally emergency procurement: of goods or servlces pursuant to the MiamI-Dade County Admlnl.t .... tlve·Order3-2; (3) Communlc:atloli. reprdlng a particular .01l~ltatl!>n between allY person and the procljrementagellt iI' con~ng officer responslble,,,r admInistering the procurement procen for such sollcltatlCIR, provided the communicatIon II limited strictly to matte ... of proc .... or procedure illreadyc:ontalnecUn thecorresponcUng !loUeltatlon document; "nd (4) Communications regardl!)g a partleul.r lollcltatlonbe~een the procurement agent 0" contracting officer, or their designated secretarlall clerlcllistaff responsible for administering the procurement process fe>r. such lollclta,tlon anel a member of the selection committee therefor, provided the communication I. limited strictly to matters of proce •• or proced.ure al.ready ,contained In the ~rre.pondln8 solicitation document." 12. Vlolatlc)n of these provisions by any particular Respondent or proposer sh.1I render any recommendadon for the award of the contract or tlhe contract awarded to said Rl!Spondent or proposer voidable, and, In such event said Respondent or proposer shall not be considered for any Solicitation Induding but not limited to oM that requests any of the following a proposal, qualifications, a I.etter of Interest ora bid ¢ncemlngany contract for the provision of goods or services for a periOd of one year, Contact shall only be made tlhrough regularly scheduled Commission meedn~, or meetings scheduled through the Purchasing Division, which are for tlhe purpqse •. of obtaining additional or clarifying Information. 13. lobbying. All flrms and their agents who Intend. to subml~ or who submitted, bids or respons .. for this RFP, are hereby plaoed on formal notice that neitlher City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either Individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Comml"lon meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtalning additional or chirlfylnglnformadon. Thomas F. Pepa 01-23-15 5 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 Project.· ,The Oty, however, reserves the right, In Its $oledlscretion, to do any of the following: . a) to reject any and all submitted ReJPOhS" and to further define or limit the scepe 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 f!'Om firms as deemed necessary. d) to make an award without discussion or after limited negotladons. It Is, therefore, Important that all the parts of the Request for PropC!sal.be completed In .11 respects. e) to liegodatemodlflcatlons to the Proposal that It deems acceptable. Q to terminate negotladonsln the. event the City deems pl'OgrOss towards a contract to be Insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed In this manner undllt has negotiated a contract that Is satisfactOry to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily 'pecillc to the Solicitation. It Is therefore alitlclpatedthat the City may modify those documents to fit the speclflc project or work In qUeStion and the Respondent, by making. Proposal, agrees to such modifications and to be bQund by such modified documents. h) to cancel, In whole or part, any Invitation for Proposals when It Is Iii the best Interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible .Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to Qna who provided the lowest Proposal Price. k) If the Scope of the Work Is divided Into distinct subdivisions, to award each subdivision to a separate Respondent. I S. Contingent Fees Prohibited. The proposing ftrm, by submitting a proposal, warrants that It has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, Working In Its employ, to solicit or secure a cOntract with the City, and that It has not paid or agreed to pay any person, company, corporation, Individual or firm other than • bona fide employee, contractor or sub.consultant, Working In its employ, any fee, commiSSion, percentage, gift or .other consideration contingent upon or resuldng from the award or making of a contract with. the City. 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 services, or a contract for construction or repair of a public building, may n.ot submit proposals On 1 ..... Qf real property to or with the City 9f South Miami, /liaynot be awarded • contract to:perform work as a CONTRACTOR, sub-contractor, supplier, sub-consultant, or consultant under a contract with the" Cltjiof South Miami, and may not tran.act bu.;n ... with the City of South MI.ml for a period of 36 months. from the dace of being plaoed on the convicted vendor list. 17. Re.pondentsshall use the Proposal FOrm(s) furnished by the City. Ail erasures and corrections must have the Initials of the Respondent's authorized representative In blue Ink at the location of each and every erasure and correction. Proposals shall be signed using blue Ink; all quotations shall be typ~wrltten, or printed with blue Ink. Ail spaces shall be filled In with the requested Information or the phrase "not applicable" or "NA". The proposal shall be delIVered on or before thO date and time, and at the place and In such manner as set forth In the Solicitation Cover Letter. failure to do so may cause the Proposal to be rejected. Failure to Include any of the Proposal Fo.1liS may Invalidate the Proposal. RespMdent shall deliver.tothe City, as part of Its Proposal, the fQllowlng documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of alillSuad addenda. 0) The completed Proposal FOrm fully executed. d) ProposaU8id Bond, (Bond or cashier's check), If required, attached to the Proposal FOrm. e) CertifiCateS of Competency as' well as .11 applicable State,County and City Ucensos held by Respondent Q Certiflcate of Insurance and/or Letter of Insurability. 18. 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, or vendor catal<!g number Is mentioned In this SOlicitation, whether or not followed by the words "approved equal", It Is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the good. described In this Solicitation with appropriate Identification, sample. and/or Thomas P. Pepa 01·13·15 6 specificationS for such ltem(s). The City shall be the sole ludge concerning the merits of Items proposed as equals. b) PrIcing: PrIces should be s.tated In units of quantity specified In the Proposal Form. In case of a discrepancy, the City reserves the right to make the flnal determination at the lowest net coSt to the City. . c) Mistake: ·In the event that unit prices are part of the Proposal and ~ there Is a discrepancy betwe~n the. unit prlce(s) and the extended price(s), the unit prlce(') shall prevail and the extended. prlce(s) shall be adlusted to coincide. Respondents are respon.lble forcheckl", their calculations. failure to do so shall be at the Re.porident's risk, and errors shall not release the Respondent from hlslher or Its responsibility as noted herein. d) SaI1>ples: SaI1>ples of Items, when required, must be furnished by the Respondenttree of charge to the City. Each fndlvld~1 sample must be labeled with the Respondent's nlime and manufactUrer's brand name and delivered by It within ten (10) calendar days of th.e Proposal openl", Ul\lessschedule Indicates a dlffe.renc time. I(samples are requested subsequent to the Proposal opening. they shall be delivered within ten, (10) calendar days of the request. The City shan not be responsible for the return of samples. ej Respondent warrants by Signature "n the Proposal Form that prioes quoted therein are In conformity with the latest Federal Price Guideline •• f) Governmental Restrictlc)ns: In the event any governmental restrictions may be Imposed which would necessitllte alteration of the material quality, workmanship, or performance of the Items offered on this Proposal prior to their delivery. Itshan be the responsibility of the sucoosslulRespondentto notify the City at once, Indlcatl", In Its letter the specific regulation which required an alteration .. The City of South Miami' reserves the right to accept any such alteration. Including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices. terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal openl", unloss otherwise stated in the Proposal Form. Incomplete, unresponsive, Irresponsible, vague, 6r ambiguous respenses to the Solicitation shall be cause for relectlon.as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) tQ 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. ProposaJs must be accompanied by a Materials Data Safety Sheet (MS.D.S) when applicable. 19. liability, Licenses & Permits: The sucoosslul Respondent shall assume the full duty, obligation, and expense of obtaini", all necessary licenses, permits, and Inspections required by this RFP and as required by law. The Respondent shall b. liabie for any damages or 10 .. to the City occasioned' by the negligence of the RespOnd""t (or Its agent or employees) or any person acd", for or through the Respondent. Respondents Shall furnish a certlfted copy of a1ll1eenses, Certificates of Competency or other IIcensfng requirement necessary to practice their profession and applicable to the work to be performed ,as required by Florida Statutes, the Florida Bulldl", Code. Mlaml:Dade County Code or City of South Miami Code. These documents shall be furnished to the City •• part of the Proposal. failure to have obtained the required licenses and certlflcations or to furnish these documents shall be grounds for relectlng the Proposai and forfeiture of the ProposaVBld Bond, if required for this Project. 20. Respo"qent shall comply with the CIty's Insurance requirements as set forth In the attached eXHISIT 2. prior to Issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an. award of the contract Is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding. ~requlred for this project, and insurance requlrements.as set forth herein shall authortU the City to Implement a rescission of the Proposal AWIird or rescission of the recommendation for·.ward of contract without further City action. The Respondent, by submlttl", a Proposal, thereby agrees to hold the City harmle .. and agrees to Illdemnify the Oty and covenants not to sue the <;:fty by virtue of such rescission .. 21. Copyrights andlor Patent Rights: Respondent warrants that as to the lI)OI1ufacwrlng. producing or selling of goods Intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been; nor wllI.there be, any Infrl",ement of copyrights or patent~ts. The Respondent agrees to Indemnify CitY from any and all liability, loSs or expense occasioned by any such violation 6r Infrl",ement. 22. execution of Contract: A response to this RFP shall not be responsive unless the Respondent signs the form of contract that is a part of the RFP package. The Responde~t to this RFP acknowledges thllt by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFP package and agreos that Respondent's signature Thom .. F. Pepa 02·2)·15 7 on the BI~ Form ancllor tho form of contract that Is a part of the RFP package ancllor response to this RI'P, grants t() the Cltyth~ authonty,on the Respondent's behalf. to Insorted, Into any blank spaces In the contract documents, Information obtained from the proposal and the Respondent's signature on any of those docume.nts shall also be treated, for all purposes, Including the enforcement of all of the terms and conditions of the contract, as the Resp()ndent's signature on the contract, after the appropnate Information has 60en Inserted. 23. Evaluation of Prop()SlI$: The City, at Its sole discretion, reserves the right to Inspect the facilities of any or all Resp()ndents to determine Its capability to meet the requirements of the Contract. In addition, the pnce, responsibility and responsiveness of the Respondent, the flnanclal p()sltlon, experience, stalflng.equipment, materials, references, and pm history of service to the City anellor with other units of state, and/or local governments In Rorlda,· or. comparable pn'vate entitles, will be taken Into consideration In the AWard of the Contract. 24. Drug Free Workplace: . failure to . provide proof. of compliance with Florida Statute Section 287.087, as amended, when reques~ shall be cause for rejection of the Proposal .. determined by the City. 25. PUblic: Entity Crimes: A person or· afllllate· who was. placed on the Convicted Vendors Ust· following a conviCtIon for a public entity crime· may not submit aresp()nso on a contra~. to. proVide any services to a public entity, rnaynot submit RFP on leases of real property to a public entity, and may not tranSact business with any public entity In O!l(coss of the threshold amount provided In Section 281.017, for a penod of 36 months from the date of being placed on the Convicted Vendors Ust. 26. Contingent Fees Prohibited: The prOp()slngflrm must warrant that It has not employed or re!llned a company or person, other than a bona fi4e employee, contractor of subcontractor, working In ItS employ, to solicit or s.ecure a co~tiact with the City, and that It has not paid or agreed to pay any person, company, corp()ratlon, IndMdualor flrm other than a bona fide employee, contractor or sub-consultant, wori<lng In Its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from th. award or making of a contract With the City. 27. 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 conuslon. The submissiOn ofa prop()sal shall act as an agreement b(the Respondent that the Prop()saVBld Bond, If required fQr this project. shall not ba released until and unless the Resp()ndent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a ludgment IS entered In the Resp()ildent's favor in any suit. flied which concerns thIS proposal process. In any such suit, the prevailing party shall recover Its attom.ey's fees, court costs as well as expenses associated with the Ilti~atlOI\. hi the event that fees, court costs and expenses associated with the Iitlgatlonare awarded to the City, the Prop()saVBld Sond,lf required for this project, shall be appUed to th.epayment of those cOsts and any balance shallb. paid by the ~ponden .. 28. Cancellation: failure on the part of the Resp()ndent to comply with the conditions, speclflcations, reqUirements, and terms asdet~rml.ned by the City, shall be just cause for .,..,ceIlatlon of the Award or tennlnation of the contract. 29. Sondlng Requirements: The Respondent, when submitting the Proposal, shall Include a Proposal/Bid Bond, If reqUired for this· project. In the amount of 5% of the total amount of the base proposal on the Propos.VBld Bond Form Included herein. A company or personal.check shall not be deemed a valid Propo!81 S~urlty. 30. Performance and payment Sond:The City of South MiaMi may require the successful Resp()ndOht to furnish a Performanee Bond and Payment Bond, eath In the amount of 100% of the total Proposal Price, including Alternates If any, nanUng the City of South Miami, and the entity that may be providing a source of IUndlngfor th. Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entitles performing labor, services ancllor furnishing materials In connection herewith. The bonds shall be with a surety company authoiized to do buslnes' In the State of Rorida. 30.1. Each Performance Sond 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 the Contract Documents. 30.2. Each Performance Sond shall continue in effect for five year after flnal (ompletlon and acceptance of the Work with theUabllity equal to one hundred percent (100%)· of the Contract Sum. 3.0.3. Each Payment bond shall guarantee the lull payment of all suppliers, material man, laborers, or subcontractOr employed pursuant to this Project. 30.4. Each Sond shall be with .. Surety company whose qualiftcatlQns meet the requlremen~ of Insurance companies as set forth In the Insurance reqUirements of this solicitation. Thomu P. Pepe Ol·23·15 8 305. PUrsuant to the requirements of Section 255.05. florida Statutes. Respondent shall ensure that the Sond(s) referenced above shall be recorded In the public records of Mlaml·Dade COunty and prOVide CITY with ~vldenc<l of such recording. . 30.6. The .urety cotnp.ny shall hold a current certlQcateo(authority ~ acceptable Surety on federal . bonds In accordance "fIth the United States Department of Tr~sury Clrcu.lar 570, current revision •• 31. I'roposal Guarantee: NOtWIthstanding the fact that the R.eoponden~ in submitting a proposal, agrees to the terms contained In the (ormol contract that Is part 01 this R.FP pjlckage,the successful Respondent, within ten (10) calendar days of Notice o/AWard by the City. shall deliver. to the City. the executed Contract illd other Contract .Documents that prOVide for the Responderies Signature, and delive. to the City the r~uired Insurance dO\:utn~tatl()n as w'~1 as a PerfOrma~ce and Payment Borid If these bonds are reqUired. The ReSpondent·whohas tlie Contract awarded to it and who fiils toexocute the Contract and fUrnish the required 8Qnds and Insurance Documents within the specified time shall. at .the City's option. forfeit the ProposaVBld BondiSocurity that accompanledthli Proposal. and the ProposallBld· BondlSocurltyshall be retai.ned as liquldataddamage$ by the City. I.t Is agreed that If the City accapts payment from the ProposaVBld Bond. thatthl. sUm I •. a fair estimate of the.mount of damages the City will sustain in case the Respondent fan. to sign the Contract Documents or faU. t6furnlshthe required Bonds and Insurance documentation •. If the City does not accept the ProposaVBld Bond. the' City may proceed te sue for breach of contract If the Responqent falls to perform In accordance with the Contract Documents. ProposaVBld Bond/Security deposited In the form of a cashier's check drawn on • local bank In good ,tanding,shall be subJ~ to the same reqUirements as • ProposaVBld Bond. 32. Pre-proposal Conference SltII Visits: If a Mandatory Pre·proposal conference Is scheduled for this project, all Respondents shall. attend the conference and tour allare,s referenCed In the Solicitation Documents. It sh;lll be grounds for rejecting a Proposal from a Rl=Spondent who did not attllnd the mandatory p .... propos.1 conference. No pl~ of lsoprance by the Respondent of con<!I!lQns that exIst, or that may hereinafter exist, as a result of failure to make the necessary examinations or Investigations. or failure to complete any part of the RFPPackage, will be accepted .s basis for Vary!ngthli re<julrements of the Contract with the City ,,(South MI,Ol1II or the compensation of the ReSpondent. the R"pondent, fOllowing receipt of a survey of the property. If .J>plicable. Is bound by knowledge that can be seen Or surmised {rom the survey and will not be entJtledto any change order due to any such condition. If the survey Is. provided before thepr<iposal I. submitted. the contract price shall Include the Work. necessitated by mose conditions. If the survey Is provided subsequent to the submisSion of the proposal. the I\espondent,hall have flve calendar days to notify the City 01 any additional costs required by such conditions aild the City shall have the right to reject the proposal and award the contract to the second most responsive. responsible bidder with the lowest price or to reject all bids. 33. Time of Completion: The time Is of the essence with regilrd to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of t1mem.y be allowed only In accordance with the provisions stated In the appropriatll section olthe Contract Documents, Including the Proposal FOrm. No change orders shall be allowe,d for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal R~ulremi!nts' All Proposals shall comply with the requirements set forth herein and .hallinciude a fully completed Bid Form found on EXHIBIT 3 which Is a part of this RFP Package. 35.Canc,ellatlon of Bid Solicitation: The City reoerves the right to cancel. In whole or part, any request for proposal when It Is In the best Interest of the City. 36. Reopend .. t shall not diSCriminate with regard to Ita hiring of employees or subcontractors or In Its purchase of matOfials or In anyway In the performance of Its contract, If One ~ awarded, based on race, colOr. religIOn. national ongln. sex, age, sexual orientation. disability. o.r familial status. 37. All resPondents •• t the tiq,e of bid opening. must have fulfilled all prior obligations and commitments to the City In. order to have their bid considered. Including all flnandal obligations. Prior to the acceptance of arty bid proposal orquotl\tlon, the City's RnanceDepartment shall certify that there are no outstandlngfln .. , monl ... fees. taxes, liens or' other charges owed to the City by the RespOndent,· any of the R.espondent·s. principal. partners. members or stockhOlders (collectively referred to as "R~spondent Debtors·1. A bid. proposal or quotation Will not be accepted until all outstanding d~ of all Respondent Debtors owed to the city are paid In full. No bidder who Is in default of any prior contract with the City may have their bid considered until the default Is cured te the satisfaction of the City Manager. 38. Bid ProteSt Procedure. See attached EXHIBIT 9 39. Eva1uationCrlterla: If this project Is to be evaluated by an Evaluation Committee. the evaluation criteria Is attached as EXHIBIT TBA; NO.t Applicable. 'Thomas P. Pepe 02·1)·15 END OF SECTION 9 Proposal Submittal Checklist Form "Manor Lane Traffic Caimlng ProJect" RFP #PW10 15·05 This checkl.lst Indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed Is mandatory for consideration of response to the solicitation. Additional documents may be required and, If so, they will be Identified In an addendum to this RFF. The response shall Include the folloWing Items: X X X X X X X X X X X X X X Att,lchmpnts .Ind Olhf::'1 DO(lUll('llts dt>~(rHJl'd IJplow CI I I(>C ( to hc' COJllpl{·t<'d IF MARKED WITH AN "X": Coml'l .. ,pd. Schedule of Values EXHIBIT I; Attachmem A X Indemnification and Insurance Documents EXHIBIT 2 X Bid Form EXHIBIT 3 X Signed Contract Documents (All -including General Conditions X and Supplementary Conditions If attached) EXHIBIT 4; 5 & 6 Performance and Payment Bonds (As a Condition of Award; Not ·See Note (I) Required With the Submittal) EXHIBIT 7 & 8 Below' Respondents Qualification Statement X List of Proposed Subcontractors and Principal Suppliers X Non·Coliuslon Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Ustings X Related Party Transaction Verification Form X Presentation Team Declaratlon/Affldavlt of Representation X .( I) Performance Bond: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to ·Proceed. Not Required with Submittal. Submit this checklist along with your proposallndleatlng the completion and submission of each required forms and/or documents. ThomuF.Popo 02·1l·IS END OF SECTION 10 RESPONDENT QUALIFICATION STATEMENT "Manor Lane TrafflcClIlmlng Project" RFP #PW20 15·05 The resp<ln.e to this questionnaire .hall be utilized as part of the CITY'S overall Proposal evaluation and RESPONDENT·.election. I. Number of similar construction projects completed, a) In the past 5 years 5 In the past 5 years On Schedule 6 b) In the past 10 years 1 In the past 10 years On Schedule 1 2. Ust the last three (3) completed similar projects. Se8 attached chart a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Anal Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: c) Thomas F. Pep. Ol·n·IS Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Anal Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: II Own.rName: Owner Addl"e$s: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 3. Current workload Pt oj('( t N.l.llH' OWIH'I N.lnw T ('I('pl\o\\(' NUl"nhcl' Friedland 0 anor Emergency Generator Bldg. RlckStaute 305-247-8221 M City of FI rlda City FY2014 Sidewalk Const. City of Hollywood 954-924:2986 Frank Leon, PE Supply & Install Cone. City of Leudemlll 954-730-4233 Sidewalks, Pads & Curbs Vince Miller 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. See attached b) RESPONDENT's proposed project organizational chart. See attached COlltl.\Lt Plitt> $904,740 $399,805 $ 62,340 c) Resumes of proposed key project personnel, Including on-site Superintendent. See attached S. List and describe any: a) b) ThomasF.P_ 02-23-15 Bankruptcy petitions flied by or against the Respondent or any predecessor organizations, N/A Any arbitration or civil or criminal proceedings, or N/A 12 Suspension of contracts or debarring from Bidding or Responding by any publiC agency brought c) against the Respondent In the last five (5) years N/A 6. Govemment References: See attached Ust other Government Agencies or Quasl-government Agendes for which you have done business within the put flve (5) years. Name of Agency: Address: Telephone No.: Contact Person:" Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomu F. Pepe 01.11·15 13 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Manor Lane Traffic Calming Project" RFP #PW10I5.0S prolpos.1d subcontractors. If subcontractors are allowed by the terms of this RFP to be Landscape Sodding and Turf Work Bectrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Tasting Laboratory Soil Fumigator Signs Other: Thomas F. Pepa 02·23·15 N/A N/A N/A N/A N/A NJA N/A N/A N/A N/A N/A N/A N/A N/A N/A NJA END OF SECTION 14 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI.DADE ) Monica Hernandez being first duly SYlorn. deposes and states that: (I) HeiSbelTheyWa .... the P ..... ldent (Owner. Partner; omce-,~. R~e::;p::: ..... =en:.:;ta'-d7v-e-o-r-:Agc-en-:t):-0~f:-------------- (2) (3) (4) (5) -:C=-o",repla~n::d':.C=-o",n:.:;a:.:t:..:ru:.:c:.:t!::lo",n:..;C:;o~rp=. _______ the Respondent that bas submitted the attached Proposal; HeiShelThey 1./a .... fully Informed concerning the preparatlon and contents of the attached Proposal and of aU pertlnen~ circumstances concerning such Proposal; Such Proposal Is genuine and Is not a collusive or .ham Proposal; Neither the said Respondent nor any of 11$ officers. partners. owners. agents. rep ..... entatlves. employees or pardes In Inte ..... ~ IncludlJlg this affiant, have In any way colluded. conspired. ellnnlved or agreed. dlrec(ly or Indlrecdy. with any other Respondent; flrm. or person to submit a collusive or sham Proposal In connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connecdon with such Work; or have In any manner. dlrecdy or Indlrecdy. sought by agreement or coUuslon. or communication. or conference with any Respondent, firm. or person to fix any overhead. profl~ or cost elements of the Proposal or of any other Respondent, or to flx any overhead. profit, or cost elements of the Proposal Price. or the Proposal Price of any other Respondent, or to secure through any collUSion. conspiracy. connivance. or unlawful agreement any advantage against (Reclplent). or any person Interested In the proposed Work; The price or prices quoted In the attached Proposal are fair and proper and ..... not tainted by any coUuslon. conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other of Its agents. representatives, owners. employees or parties of .Interest, Including this affiant. ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI·DADE ) ) ) On this the 23 day of April • 20-.!L before me, the undersigned Notary Public of the State of Florida. personally appea~ (Name(s) of Indivldual(s) who appea~ befejre notary) . Monica Hllrnandaz and '({hose name(s) Is/are Subscribed to the within instrument, andhelshelthey acknowiedge that helshelthey executed It. i Thomu F. Pepe OZ·13·15 15 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Thomas, F. '.pe 01·23·15 16 X Personally known to me, or Persol\alldentlflcatlon: Type ofldentiflcatlon Produced Old take an oath. or Did Not take an oath. PUi:lL.IC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuan~ to ~he provisions of Paragraph (2) (a) of Sec~lon 287.133, Florida Sta~e Sta!ut.es -"A perSon or aflllla~ who has been pla~d on .~he convl.cted vendor nst folioWlIIg a. conviction for a public entity crime may not submit a Proposal or bid on a Contract to proVide any good. or services to • public entity, may not $ubnlit a Bid or proposal Jot a Contract with a public entity for the construction of repair of a public building or public wor~. may notsubmJt bids or proposals ollieues orreal property to a public entity, may not be awarded to pel'fonn Work as a RESPONDENT,Sub-ccintraCt<lr, . supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity In excessQf th" thresholdal1lount Category Two of Section 287.017, florida Statutes, for thirty six (36) months from the date of being placed on the convlc~d vendor list". The award of any contract hereunder Is subject to the provisions .of Chap~r 112, Florida Sta~ St;ttutes. Respondentsl1lust dlscl.ose With their Proposals, the name of anrofllter,dlrector, partner, asscicla~ or agent who I. also an ofllcer or employee of the City of Solith Miami or Its agencies. SWORN STATEMENT PlIRSUANTT,O SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MlIST BE SIGNED i\NDSWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFfiCIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement Is subml~d to City of Soylh Miami [print name of the public entity] b Monica Hernandez. Pres. y--~~~~~~~~~-----------------------------­[print Indlvlduarsname and tide] for __ ---'C:::;o"'ra"'."'la"'n"'d..,C,.o"'n"'at"'r"'uc"'t"'I0'f-n"'C"'o"'m=.... ------~-::------------------­ [print name of entity submitting swom statenient] whose business address Is .1230f,!W 128 Court. #107 MJaml.FL 33186 and. (If applicable) Its Federal Employer Identification Number (FEIN) Is .. 85.1)073866 . (If the eotlty has no FEIN, Include the Social Security Number of the Individual signing this sworn stawm"nt: ~---------------------------.~ 2. I unders~ridthat a "public entity crime" as. defined 10 Paragraph 287.133 (I)(g), Florid. Statutes, means a Violation of any s.ta~ or federal law by a person with respect to and dIrecdyrelated to the transaction Qfbuslness .wIth any public entity or with an agency or political subdMslonof any other state or of the United States, . Including. but not limited to , any bid, proposal or contract for goods or services to be provl~ed to any public ,"tlty or an agency or political subdMs.lon of any other state or of the United States and Involving antitrust, fraud, theft, bribery, cOllusion. racketeering. conspiracy, or ma~rlal misrepresentation. 3. I understand that ".convlcted" Or "conviction" as deftned in Paragraph 287.133 (I) (b), fIQd!Ii Statu .... means aflndlng O,f guilt or a conviction ofa public entity crime, with or without an adjudication of guilt, In any federal or state trial court of record. relating to charges brought by Indictment or Informatlona!ter July I, 1~89i as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand thatan "afllilate" as defined In Paragraph 287.133 (I) (a), Fjorlda StaMM, means: (a) A predecessor or successor of a person convicted ofa public entity criMe; or (b) An entity under the control ohny natural person who I. active in the management of the entity and who has been convicted of a public entity crime. The term "affllla~" Includes thoseofllcers, directors, eXecutives, partners, shareholders, empl9Yees, members, and agents who are active In ThomaF. Pope 02-1]-15 17 the man~ement ofan afllilate. The ownership by one person of shares constituting a controlling Interest ·In any person, or a pooling of equipment or Income among persons when not for fair market volue under an arm's length agreement. shall be a prima facie case that one person controls another person. A. person who knpwlngly enters Into a Joint venture with a person who has been conviCted of a public entity crime In florida during the precedtng36 month. shan be considered M affiliate. S. I unders~d that a "person" as deflned In Paragraph 287.133 (I) (e), FJoridaStatutes. means any natural person or entity organlz!O<l under the laws of any state or of the United States with the legal power to enter Into • binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact.buslness with a public entity. The term "persem" Includes thoseofllcers, directors, executives, partners, shareholders, employees, members, and agents who are active In management of an entity. 6. Based on Information and belief, the statement which I have marked below Is true In relation to the entity submitting this sworn statement. . [Indicate which statement applies.] _X_. Neither the entity submitting .thls sworn statement, nor any of Its officers, directors, 8)(ecutlves, partners, sharehold~rs. employees, member., or agents who are active In the management of the entity, nor any affiliateD! the entity has been charged with and convicted of a pUblic entity crime subsequent to July I, 1989. _. _ The entity submitting this swom statement, or one or more of Its officers, directors, executives, partners, shareholders, employees, members, or ~ents who are active In the man~ement of the entity, or an affllia!,! of the entity has been charged with and conVicted of a public entity crime SUbsequent to July 1,1989. __ The entity submitting this sworn statement, or one or more of Its officers, directors, executives, partners, shareholders, employees, members, or agents Who are active in the management of the entity, or an affiliate (lfthe entltyhasbeen charged with and conviCted of a public ehtlty crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of florida, Division qf Administrative Hearings and the Rnot Order entered by the Hearing Of!lcer determined that It was not in the public interest to place the entity submlulng this sworn statement on the convicted vendor list. [attach a copy of the Rnal order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OffiCER FOR THE PUBLIC ENTITY INDENTlflEDIN PARAGRAPH I (ONE) ABOVE IS fOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM ISVALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I A· UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO RACT IN cessop THE THRESHOLD AMOUNT PROVIDEQINSECTIQN 287.017, FOil CATE TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FOR . Swom to and subscribed before me this ~_2""3,,,rd-,,--_ Personally known __ -"'X'-------- OR Produced identlflcatlon ______ _ (Type of Identification) Form PUR 7068 (Rev.06/ 11/92) Thorn .. F. Pope 02-23-15 18 MY:~~E~ (Printed, name DRUG FREE WORK,PLACE 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. IBid or Proposal received from a business that certlfles that It has Implemented a drug·free workplace program shall be gIVen preference In the award process., Established procedures for processing tie Bids or Proposals shall be followed If none of the tie<! vendors have a drug·free workplace program. In order to have a drug.free workplace program, a business shall: I) Publish a sta,tement notifying employees that the unlawful manufacture. distribution, dispensing. possesSion, or use of a controlled substance Is prohibited In the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse In the workplace, the buslnij$s' policy of maintaining a drug·free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed uponemplQyees for drug abuse violations. 3) Give ~ch employee engaged In providing the commo.dltles or contractual services that are under Bid a copy of the statement specifled In Subsection (I). 4) In the statement speclfledlnSubsection (I), notify theemplQYees, that, as a condition of working of the cOITllnodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any convlctlon of, or plea of gUilty or nolo contendere to, any vlolatlon of Chapter 893 or of any controlled substance law orth. United Staw Qr any state, for a violation occurring In the workplace no later than flve (5) business days after such conviction. S) Impose a sancdonon, or require the satisfactory participation In a drug abuse assistance or rehabilitation program,'lf such Is available In the employee'. community, by any employee who Is so convicted. 6) Make a good faith effort to Inue to alntaln a drug.free workplace through Implementation of this section. As the person authorized to RESPONDENT's Signa ur __ -"'" ~~~~ ~8~~~~~~ Print Name: J~IlQl4imllllluL.l~"-______ _ Date: ___ 41..::..::23:.:./.:.:16=--___________ _ Thomas F. Pep. 02.23.15 19 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Corell!ln(lCon'tructlonCorp. • (Name of CONTRACTOR). hereby acknowledge and agree that .. CONTRACTOR for the Manor Lane Traffic Calming Project .. speclfled have the sole respc)I1slbilfty for compliance with .11 the requirements of the Federal Occupatfonal Safety and Health Act of 1970. and all Ststeand local safety and health recul_dons, and agree to Indemnify and hold harmless the City of South Miami . and TV Un International (Consultsnt) against any and _II liability. dalms, damages, losses and expenses they may Incur due to the failure of (Sub<ontracto!",s names): to comply with such act or regulation. President Tide Thoma F. Pepe 02.23.15 NlA Nestor Hernandez 20 AFFIDAVIT CONCi:RNING FEDERAL AND.STATEVENDQI\ LISTINGS The person, Or entity, who Is responding to the City's solicitation, hereinafter referred to as "R",pondent", must certify that th.e Respondent's name Does. Not appear on the State of florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARriES and COMPLAINTS VENDOR USTINGS". .. If the Respondent's name Does apPear on one or all the "Listings" summarized below, Respondents must "Check If Applies" next !O the applicable "Usting." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: httpWWWV4d,jll.0Wl0rJda,cqrDlbuslog_ OPeratlons(,qte RyrcbuJorlvendQc -lnfQrmatlQnlcqnyJcted_ sysP ended, dlstriminatoCX complaints vendor 1m DEC:LA!U'.TION UNDER PENAL 1"( OFPEI\IURY I, Monica Hernanil"z .(hei'elna~r referr:ed to as the "DOdannt', state, under penalty of perjury, that the folloWing statel1lents a~ true and correct: (I) I represent the. Respondent whose narne Is CorelandConstNctlon C;orp. (2) I have tile foliowing relationship with the Respondent . P[9sldl!nt(Ow!>er ~I Respondent Is a sole proprle!Or), President fof Respondent is a corporation) Partner (II Rlispondent Is a partnership), General Partner 101 Respondent Is a Limited Partnership) or Managing Member>(II Respondent Is a Limited Uablllty Company). (3) I have reviewed the Florida Department of Management Servlc", ""ebolte at the follOwing URL address: http~/www.dms.myflorlda.comibuslness_operationsl.tate-purchaslng/vendo,_Informatlonlconvlcted_suspended_dl scnmlnatory_complalnts_vendorJlsts . (4) I have ente.red an ''x'' or a check mark beside each listing/category set forth below II the Respondent's name appears In the list lound on the Florida Department of Man.gement S~rvtces Website for that category or lIsting. II I d!d not enter a mark beside a liSting/category It mean. that I am attesting to the fact that the Respondent's name d_ not appear on the lIsting for that category In the Florida Department of Management Services website as of the date of this affidavit Check If Applicable _ Convicted Vendor List ' Suspended Vendor List Discriminatory Vendor List Federal Excluded Partles List Vendor Complaint list FURTHER DECJ,ARANTSAYETH NOT. STATE OF FLORIDA ) coUNTY OF MiAMI·DADE ) ~~ On this the -.23.. day of April , 20~ before me. the undersigned authority, personally appeared Monica Hernandez who know to me or who' provided the following Identlllo:atlon --::-.,-___ and who took M oath or that he/she/they executed the foregoing Affidavit as the Declarant WITNESS my hand and official seal. NOTARY PUBLICI SEAL Tbomu F. Pope 02.1].'5 21 ------'------------------------".,----, RELATED.PARTY TRANSACTION VERIFICATION FORM I . MonI9aHtmandez;. . .Individually and oli behalf of Coreland ConstructlPo Cprp. ("Flrm'1have Nome of Re/iresentDf1ve Com/><ltiyNeridorlEnIlly read the City olSo"th Miami r'CltyU)'. C~e of Ethl~., Section SA·I of the CIty's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, Information and belief: (f) neither I nor the Firm have anyeonmct of Inwest (as defined In sect/on SA· I ) with regard to the eontract or business that I, andlor the Firm, am(are) about to perform for, or to tians.act with, the ~~ . (2) neither I nor anyemploy!"'S, officers, directors of the Firm. nor anyone who has a financial Interest greater than 5% In the Rrm, has any. relatlve(s), Isdeflnid In section SA· I , who Is an employee of the City or who Is(are) an aJll>Ointed or elected official'ofthe City, or who Is(are) a member ohny public body created by the City Commission, I.e., a board or committee of the City, [while the ethics code,stlilapplies, If the person executing this form Is~olng so on behalf of a firm whose stock Is. publicly traded, the statemllntln this section (i) 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 or those who have a financial Interest In the Firm;]; and (3) neither I nor the Firm, nor anyone who has a financial Interest greater than 5% In the Firm, nor any member of those peI'SQns' Immediate family (I.e., spous., parents, children, brothers and sisters) has transacted or ente.red Into any contract(s) with the City or has a financial Interest, direct or Indirect, In any business being transacted with the city,· or with any person or agency acting for the city, other than as follows: NIA . _(use (If nec~sary, use a separate shee.t to supply additional information that will not fit on this line; however. you must make r~fer~n~e, 00 the abOve· line, to the additional sheet and the additional sheet must be signed under oath). [whIle the ethics code still applies, If the person executing this form Is doing so on behalf of a /lrm whose stock IS publicly traded, the statement In this section (3) shall be based solely on the .slgnatory'spersonal ~owledge and he/shll Is not required to make an Independent Investigation 11$ to the relationship olthose who have a Hnanclal interest In the Arm.]: lind . (4) no ~ected andlor appointed Qff\clalor employee of the City .of South Miami, or any of their Immedla~ family memberS Q.e., spouse, parentS, children, brothers. and sisters) has.a finaneiallntereSt, direcdyor Indirectly, In the contract between you andioryour Firm and the City other than the following .Indlvlduals whose Interest Is set forth foliowlrig!/telr use a separate nBI'rIes: ._"'""-:--,., ... N!'IA ..... ....,.....,...,:----,,:----=_....,.~,_..,....-~- (If neCessary, use a s~~ sh~t~ supply acldltional Information that will "0I0t on this line; however, you must make reference, on the above line, ti> theadd/tional sheet and the additional sheet must be signed under oath). Tbenames orall City employees andthatof all elected andio'"ppolnted city officials or board I1)OII1ben,Who own, directly orlndlrectly,an Interest of five percent.(S%) or more of the totai ... ets of capital stock In the firm are as folloWs: N'A (If necessary, uSe a separate sheet to supply additional Information that will not fit on this line; liowever,you must make reference, on th,above line, to the additional sheet and the additional sheet must be signed under oath). [while .the ethics code .still applies, If the perSon executing this form Is doing sO on behalf of a firm whose stock Is publicly traded, the $tement In this sectJon (4) shall be based solely on the signatory's personal knowledge and he/she Is 110t requlredtQ make an hidepeitdent Investigation as to the Hnandallnterest In the.Flrmof city employees,. appointed officials or the Immediate family members of elected and'or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to Use any knowledge, property or resource which may cor"" to us through our position of trust, or through our performance of our duties under the terms of the contract with the CItY, to secure a special privilege, benefit, or exemption for ourselveS, or other •. We agree that we ma), not disclose or use Information, not available to members of the ge~eral public, for our personal gain or benefit or for the personal gain or ben'ellt of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any buslnes. with the City or any person or agency acting for the City, and that we have not appeared In representadon of any thl~ party before any board, commission or agency of the City within th .. past two years other than as . ThomuF.P ..... 02·23-15 22 follows: NlA (If necessary, use.a separal-8 sheeno supply a!l.dltionaJ informadon thatwlll not fl.t on this Une; however,you must ma~e reference, On the above line, to the addldonalsheetand the additional sheet must be signed under Oath). X:\PUrchaslngWendor Reglstradon\l2.28.12 RELA TED PARTY TRANSACTION VERIRCA T10N FORM [l].docx (7) Neither I nor any <lmploye .. , officers, or directors of theRrin,· nor any of their Immediate family (I.e. as a spouse, son, daughter, parent, broth ... or siSter) Is related by blood or marriage to: (I) any member of th"Clty Commission: (II) any city emplQyee; or ~IO any member of any board or agency of the City other than as follows: N/A . . (If necessary, use a separate sheet to suPPly additional lilformadonthat will not fit on this line: however, you must make refere~c&, on the abQv& line, to the additional sheet and the additional sheet must be !Igned under oath). [while the e.thlcs code stili applies, If the persQn executing this form Is doing soon behalf ola firm whose stock Is publiclY traded, the statement In this section (7) shall be based solely on thes1anatory's personal knowledge ~nd he/she Is not required to make an Independent Investigation as to the reladQnship by blood or marriage of employees, .officers, or directors of the Firm, or of any of th~r Immedlal-8 family to any appointed or elected officials of the City, or to their Immediate family members]. (II) No Other Rrm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% In that Other Rrm, nor any member of those persons' Immediate family (I.e., spouse, parents,. children, brothers and sisters) nor any army Immediate family members (he/'elnafter referred to as "Related i'at1Iel'1 has responded toa solicitation by the City In which I or the Firm that I represent or anyone who has a financial Interest greater than 5% In the Rrm, or any member of those persons'lmmedlate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ~ ~ necessary,useaseparate sheet to supply. additional Information that will not fit on this line; however, you must ma!<ereference, Qn the above llrie, to the additional sheet and the addltl()nal sheet must be $Igned und"roath). [while theethl~ code stlUappUes, If the person ex\ICutlnglhl. form Is doing so on behalrof a firm.whose stock Is pOblicly traded, the statenjeht in this section ,(8) shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent Investigation Into the Oth.er Firm,or the Finn he/she represents,as to their officers, directors or anyone having a financial Interest In those Firms or any of their any member of those persons' Immediate family.] (9) I and the .Rrm 8&"" that we are obligated to supplement this Verification Form and Inform the City ohny change '" circumstances that Would change our answers to this document. Specifically, after the opening of any respons!'S to a solicitation, I and th Firm have an obllgatl<m to supplement thIs Verification Form with the name of all Related ""rtfes who have also responded to the same solicitation and to disclose the relationship of those partfesto me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false Information or the failure to supplement this Verification Form, may subject me or the Fi.rm to Immediate termination of any agreement with the City, and the Im~ltlonof the maximum fineand/or any penaldes allowed by law. Additionally, violations may be (onsldered by and subject to acdonby Miaml'Oad. County Comml.sslon on Ethics. Unde.r penalty of perjury, I declare that I have ma~ a diligent . tolnvestigat e njatters to w I am attesting he/'elnabove and that th" statements made here ... e.true tnd C\,IO the best of ledge, InformatlQn and belief. Date: 4123/16 Th~m .. P. 'ape 01·23.15 Monica Hernandez. President 23 Sec. SA· I •• Conflict of Interest and code of ethic. ordinance. (a) Desl,IIatlon. This section shall be d~lgn.ted and known as the 'Clty of South Miami Conflict of Interest and Code of Ethics Ordln~ce.· This sectlo~ 'h~1 be applicable to all city personnel as deHned below,and shall .Iso cOMtIt"" a standard of ethical conduct8l)d beh~vlor fQran autonomous personnel,quasl.Judlclal personnel, advisory personriel ~nd departmental personnel. Tl1eprovlslonl of this se¢on shaJl.~.ppll~d In a cumulative manner.· By way of example, and n~t as a limitation, su~ons (c) and (d)may be applied to .the same contraCtor transaction. (b) Defln.ltlc!ll~ For the purpOSClSof this section tho followlhl deflnltlons shall be effectJye: (I) The ~·comml .. lon membets' shall. ~fer to the mayor and the mem.bers of the city commission. (2) The t;rm ·autonomous personnel· shall refer to the members of autOnomous authorities, boards and agencies, such as thecjty community, redevelopment agency and the, health facilities authority. ' (3) Thete,rm 'quasl'Judldaipersonhel' shall refer to the members of the.planning board. the environmental review andpreservatJon board. the code e~forcement board and such other Individuals. boards, and agenclas of the dtY as. perform quasi-Judicial fUnctions. (4) Thet.rm'advl.ory person".I' shallref.r to the members of those city advl,oryboard, and agencies who •• sole oqirlmary,responsibillty,is to recommend legislation or glv. advice to the city commlssl,!n. (5) The term'departmental personnel· shall refer to the city: clerk, the cltymanager. department heads, the city attorney, and all '!'sis\3nts to the city derk, city managor and cltyatierney, hQWever tided. (6)1'he t.rm ·.mploy ... • shall refer toal.1 other personnel employed by the city. (7) The t."" ·compens~t1on· shall refer to any money,glft, favor, thing of value or financial beneflt conferred, or to be'confer~. in return for services rendered or to be rendered. (8) The term 'controillng financlallntilreltD shan refer to ownership, directly or indlrettly. of ten percent or more or the outstanding capital stock In any'corporatioil or a direct or lridlrect Interest of ten percent Or more In a firm, partnership, or otherbusln .. s entity at tlle time of transacting bus!ne., with the city. (9) The term "Immediate family" shall refer to the spouse, parents, chUdren, brothers and sisters of the person Involved. . (10) The term "transact.any bOslness" shall ref .. to the purchas. or sale by the city of specific goods or services fOr consideration ~d to submitting a bid, a proposal In respOnse to a RFP, a Statenient of qualifications In response to a request by the city, or enterlnglnt() Contract negotiations for the provision on any goods or services, Whichever firlt occurs. (c) Pioh.Jbltloll Oil tra",actlngblis/ness.wlththe city. No person Included In the terms defined In paragraphs (b)(I) through (6) and In paragraph (b) (9) shan enter into anycontract or transact any bUslhess In Which that person or a member of the Immediate family has a financial Interest, director Indlrl!!'! with the city or any person or agency acting for the city, and any such contrac~ agreement or business e!'1gagejnent -entered In vtolatioli, of this subsection shalt r.nder the transac~lon voidable. Wllifuf vlolatlOt) of this subsection shan .consdtute malfeasance In office and shan affect forfeiture of office or pPSldon; Nothing In this subsectlonshaUprohlblt or make /IIegal: (I) The payn1ent o/taxeS, special .. s .. sments or fees for services provided by the city government; (2) 'the purchase ofbonds,ahdclpatlon noteS or other securities that may be Issued by the City through underwriters or. directly fr()Rldme to time. - W~.;er ofprohlbitloh. The requirements of this subsectJon may be waive" for a particular transaction only by four afflrrilatlvi! vow of the cltycominlsslon after public healing upon finding that: (I) An open-to-allseal.d competitive proposal has been submitted by a city person as deflned In paragraphs (b)(2), (3) and (4); (2) TIle propOsal has been submitted by a person or firm offering services within the scope of the. practice of architecture, profesSional englnewlng. or registered land surveying. as deftned by the lawS of the ..ate and pUrs~ant to the provisions of the C~nsultant$' C::ompetltlve Negotiation Act, and When the proposal has been s9tiJj)ltted by a city person deflned I~ !'$graphs (b)(2), (3) and (4); (3) The property or services t9. be Involved./n the proposed transaction are unique and the citY cannot avail Itself of such property or services WIthOUt anlorlng a tranSaction Which would violate this subsection but for waiver of ItS requirements; and , (4) That the propOsed traIIsactJon will be In the best Interest of the city. Thls'sub.$ectJon shall beapplicableo~ly~o prospective transactions, and the city commission may In no case ratify a transaction entered In violation of this s"bsectlsm. ProvWons cumu/otNe. This subsection shan be taken to b. cumulative and shall not be construed to amend or r.peal anY other law pertaining to the s.me subject matter. (d)fuftherprohlbltlon on tronsactlll, fJ.uS/ness with the city. Thom .. P. Pepe 02-13-15 24 No person Included In the terms defined In paragraphs (b)(l) through (6) and In paragraph (b)(9) shall enter Into any contract or tranSact any business through a firm, corporation, partnership or business entity In which that person or any member of thelmniedlate ramify h .. a controlling flnallclallnterest. director Indirect. with the city or any persOn or age/\ty acting for th" city, and any such contraCt,. agreement or bUslQess engagement entered In violation of this subsection shall render the tran.actlollvoldabl •• The remaining prOVlslolls of subsection (c) will also be applicable to this subsection as though incorporated by recitation. ' Additionally, no person Included In the term defined In paragraph(b)(I) shall vote onOr participate In any way In any matter presented to. the city c6mmls.lon If. that person has any of the following nilatlONhlp.wlth any of the persansor endtles which would be or might be directly or Indirectly affected by any action of the city commission: (I) Ol(lo;er, directOr, partner, of counsel, consuiqnt, employee. fodudary orbelleflclary: or (2) Stockholder, bondholder, debtor, or creditor, If In any InSWIco the transaction or matter would affect the persondeOnedln paragraph(b)(I) Ina manner distinct from the manner In which It would affect the public generally, Any perstlO Included In the term defined In paragraph (b)( I) who has any of the speclfled reladonshlps or who would or might, directly or Indirectly, realize a profit by the acdon of the city commission shall not vote on or participate In ally viay in the matter. (E) GI(tI • . (I )Oe/lilltlon. The term 'gift" ,hall refer to the transfer of anything of economic value. whether In the form of money, s~rvlce.loan, !f\1vel, entel't!llnment, hospitality, Item or promise, or Inany other form, without adequate and lawful consideration. (2)fxceptJon" The provlslonsof,paragraph (e)(I) shall not apply to: a. Polltlc:Ol contrlbutlo"s $p.clfl~a11y autll0rlz~d by scatelaw; b. Gifts from relatives or mombersof one', household, unless the person Is • conduit on behalf of a third party to the deliVery of a gift that Is prohibited under paragraph(3): c. A\vards for professional or civic achievement; d. Material such as bool<s, reports, periodicals or pamphlets which are solely Informational or of an advertising nature. (3) Prohibitions. A person descri~ed In paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It Is al.o unlawful for any person or entity to offer, give or agree to give to any person Included In the terms defined In paragral'h' (b)(I) through (6), or for any person Included In the terms defined In paragraphs (b)(l) through (6) to accept or l'gree to I\Ccept from another person or entity, any gift for or because of: •. An official public actiOn taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal. duty performed or to be performed. or which could be performed, or an omission or failure to perform a legal duty; Co A legal duty vlol.ated 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 tobe taken. (4) Disclosure. Any person Included In thetermdeflned In paragraph. (b)(I) through (6) shall disclose any gift, or series of gifts fo:om "nyolle person .or entity, having a value In excess of $2.5.00. Thedlsdosure shall be made by filing aoopy.ofthe dl!dosu .... form reqUired by chapter 112, Florida Statutes, for "local officers" \vith th,e city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (I) C",mpul.ory dltelosuj'e by employee, of finn. doing bu.lne •• with the city. Shoul.d any person Included In ,the terms defined In paragraphs (b)(I) through (6) pe employed by a corporation, firm, partoershlp or bu~ness entity In which that person or the Immediate family does not have a controlling fin,anclallnterest. and should thecorporatlon, firm, partnership or business entity have substantial business commltrrienB to or from the city or any city agency. or be subject to direct rilgulatlon by the city or a city agency, then thaperson shall fUe a sworn stateinent disclosing such employment and Interest with the clerk of the city. (g) ""ploltl/tlon of oft/dol pO./tfon prohl"lted. No person Included hl the terms deflned In paragraphs (b )(1) through (6) shall corruptly use or attempt to Use an official po!ltlon to .ecure .peC!.lprivll~ or exemptions for that person or others. (h) Prohlblt/QII on u.eof (onfl«."tlq/lnfortnot/on. 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 rouonably expect woufd require Or induce one to disclose confidential Information acqUired by rouon of an offiCial position, nor shall that person In fact ever disclose conftdendallnformatlon garnered or gained through an offiCial po!ltlon with the City, rlor shall that person ever us. such Information, directly or Indirectly, for personal gain or benefit Thomas F. Pepe 01.:13'15 (I) Con",ctJn'''''''''oyrna"tprOhlblted. No persllO Induded in !he ~rrna defined In paragrapl1s (b)(I) !hrough (6) shall accept o!her emplQYMent Which wouid Impair 'ndependence.of judgment In tho performance of any public dud .... 0) ProhIbition on ollfllde employment. (l)N<> petson I~duded In the t;,tlTis deOned in paragraphs (b)(6) shall receive any compensatlon for services as an offi.cer or employoe of the city from any source other than the city. except as may be permitted a.foliows: ;a. Gonerolly prohibited. No full.tlmecltyemployee shall accept outside employrnen~ either incidental, occasional 9r ptheM.e, wher~ dty time, equipment Or material Is to be used or where such .mploym.nt or any part !hereof I, to be. performed. 9n city time. b.When permitted. A full·tlm.clty .mployee may accept Incidental or occasional owld. employment so long as such !\II1plo~nt Is not contrary. detrimental or a~verse t!> theinterelt of the city or any of its dep.rtmentsancl t\1. approval required In.ubparagral>~ .c. Isobtalned. c. ApproV:il of department h ... d required. Any outside employment by any full·tlm. city employee muSt first be apprOved In writlngby!he employee's department head who shall maintain a complete record of such ","ployment. d. Penalty. Any person convlctedof vlolatlng any provlslo·n .tJf this subsection shall be punished as prt,vlded In section 1·.11 of the Code of Mlaml·Dade County and. In addition shall besubjoa to dismissal by theappOlntlng authority. The city may also ass ... s against a vlolat!>r a fine not t!> exceed $SQO,OO and the costs of Investigation incu,...a by tho city. . (2) All full·tlme city wploy .... engaged In any ou\Slde .mployment for any person. firm. corporation or entity other !han the city, or any of Its. agend .... orlnstrumentalitles, shall file, under oath. an annual· repoi1: Indicating the sOurce of the oUtside.employment.th. nature of the work. being d~ne and aoyamoynt of money or other tonslderationrecelveQ by thewployaa fr'QMthe outside employment. CltyemplQyee reportS shall. lie med with the city derk.The reporu shall be available at a reasonable tim. and place for Inspection by the public. Th. city manager·may require rnon\hl), reportS from Individual employ .... or groups of employ .... for good cavse .. (k) .Prdhlb./ted Investments. No person Included In the terms defined In paragraphs (b)(I) through (6) or a member of the 1m media to family shall havepersonallnvestnlents In any enterprise which will create a substantial conflict betWeen private Interests and tho p\Jblic Inter ... t. (I) Certain a""~rdnce. and payment prohibIted. (I) No person Induded Iii the terms defined In paragraphs (b)(I), (5) and (6) shall ~ppear before any city board or agency and make a presentation on """alf of a thtrd person with respect t!> any matter. license, contra~ certificate. ruling, decision. opinion, rate schedule. franchise, or other benefit sought by the third person. Nor shall me persOn re.;elva any cornpensation or gilt, directly or indlrectiy, for servlc ••. rendereQ to a third person, who has applied for or. is Seeking some ben.fit from the city or a city agency. In «mnectlon with the particular benefit sought by thethlrdP~rson. Nor shall the persollappear In ally COurt or before any odmlnl.tradve tribunal as counselor legaiadvlsor to • party who seeks legal relief frOm the city or a city ag.ncy through the suit In question. (2) No perSonlnduded In that"rlnS defined In paragraphs (b)(2), (3) and (4) shall appear before tho city commission Qr agency,!n whlch·th.8 person serves. either dlr¢ctly or through an associate, and make a pres.ntation On behalf <?f a third person with respect t!> any matter, license, cOntrac~ certificate, ruling.· d.clslon. opinion. rate schedule, franchise, or other benefit sought by the third person, Nor shall such person receive any Compe!l"tlon !lrgllt, dlrectiyor Indlr«tiy, for services rendered to a third party who has applied for or Is seeking some beneflt from the city comMission or agency on which the person •• ,.... in connection wi!h the particular benefot sought by the third party. Nor shall the person appear In any court or before any adminIStrative tribunal as couns!l1or legal advisor to l third. party who seeks legal relief from the city commission Or agency on Which such person .sOrves through the suit In question. (m) ACtlO(lfprohlblt.d wheri"ndnClllllnt~resti Involved. NQperS(lh Induded In the terms defined In parag",phs (b) (I) through (6) shall p~rticJpate In any officlal.cr!on directly or Indirectly affecting a busl ..... In which that p~rson or any member of the Immediate family has a financia/interest. A finantiallnterest IS defined In this subsection tQ Include, but not be liml.ted t!>, any direct or Indirect Interelt In any Investment. equity, or d.bt, (n) AcquIring flnaricIal Interests. No persQolnduded In the terms defined In paragraphs (b)(I) through (6) shallaCCjulre a financial Interest in a project. business entity or property at a time when the person believes or ha, reason t!> believe that the financial Inter ... t may be dlrectiy affectell by official actions or by official actions by the city or city agency of Which the person Is an official, officer or employee. (0) Recommendln, prOfesslcmol relY/ce .. ThoM.U F. Pep. 02.~.15 26 No personlndud~ In the terms defined Ii> paragraphs (b)(I) thl'()ugh (4) may re~ommend the services 0( .ny lawyer or I.", form, arq,ltect,orarq,itectUraI firm, public relations firm, or any other person or firm, professional or otherwise, to assist In any transa,ctI,on 10volvl"8 the city or any of its agencies, proVided that a recommendation may prOperly be made when requlredtobe made by the dutl~ of office and In advance at • public meetl!'8 attended by other city offlcl.ls, officers or employees. (p)G>ntinuln,fII>Il"Cot/on .. " .. rc,*y .. rYlce, (I) No pel'Jon lricluded In the terms d8fl1)e<i In paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment lias ceased, lobby any city official [as denned In paragraphs (b)(I) through (6)1In connection With any Judicial or other-proceeding. application, RFP, RFQ,bld, request for rull"8 or other determinatiOn, ,contraet, claIm, controversy. charge, accusation, arrest Or other particular subject matter In which the city or one aflts, agenCies Is a party or hanny Inter",t whatever, whether direct or Indirect. Nothl!'8 contained In thlsSllbsectlon,haliprohlblt any IndiVidual from submitting a rQutloieadmlnlstratlve request or application to a city department otagOncy durl"8 the tWo.year period after his or her service has c ... ~. (2) The provisions of th,e subsectlO,n shall not apply to persons who become employed by governmental entities, 501 (c)(3) ".,"·proftt ehtitlesor educational Institutions or entitle., and who lobby on behalf of those entities I,n ,their official capacities. (3)TlJeprovislons of this .u!>sectlon sflall apply to all persons d",crlbed In paragraph (P)(I) whose dty service or employment ceased after theeffe<:tive date of the ordinance from which this section derives. (4) NopersOri described In paragraPh (p)(I) whos~ city service or employment ceased Within two years prior to the effective date of this ordinance shan for a period of twO years after his or her service or employment enter Into alobbying contract to lobby any city official In connection With any sub/act described In paragraph (P)( I) In which the City or one of Its agencleslsa party or has any direct and substaritlallriterest; and In which he or she participated directly or Indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or empl~nt. A person partiCipated '~Irec:tly" Where he el( she w.s silbStantiillly Involved In the particular sijb/ect matter throUgh declslon;approril. disapproval, recommendation. therendeling~ of advice, Investigation,' or otherwiSe, dutlng his or her city service or employment. A person participated, 'indirectly' where he or she knoWl"8lypartlclpated in any way In the particular subject matter through decisiQn, approval" dl .. ppr~, recommendation, the rendering of adVice, Investigation. or otherwise,' during his ot her clty Service C)r ernployme~ All persons covered by this paragraph shall execute an affidavit On, form approved by the city attorney priGr to lobbying any city official attesting that the requirements of this ,s~ub$II"\IQn do not po:ecludethe person fromll)bbylng dty officials. (5) My pel'son who violates this SUb$ection shall be subject to the penalties provided In section SA·2(p). (q) ~fty attomey~" _der op''''"n. on requeSt. , Whenever any person Includ,ed In the termsdeflned In paragraphs (b)(I) through (6) and paragraph (b)(9) Is in doubt as to the proper Interpretation or application of this conRict of Interest and code of ethics ordinance, or wh.n~r any person who rende" •• rvlce~. to the city Is 10 doubt as to the applicability of tho ordinance that person, m.y submit to the city attorney a full written statement of the facts and questions. The city attorney shan thelirender an opinion tl) slith person and shall publish thl!Se opinions without use of the name of the person advised unless the person permiti the use of a name. (Ord. No. 6-99·168.0, § 2, 3.2.99) Ednpr's no! .. Ord. No. 6·99.1680,§ I, adopted 3·2-99, repealed §§ SA· I and SA·2 in their entirety and replaced them With new §§ SA-I. and 1JA.2. FOrmer §§ SA· I and 8A·2 pertained to declaratlon of policy and definitions. respectively, and derived from Ord. No. 634, §§ I (lA.I). I (IA·2) adopted Jan. II, 1969. J1tomas F. Pepa 02-13·1$ END OF SECTION 27 P~ESENTATION TEAM DECLA~TION/AFFIDVAIT OF REPRESENTATION This affidavit Is not required for compliance with the CIty's Solicitation; however,lt may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to CiW Ordinance 28"14- 2206 (c)(9), any person who appears as a representative for an Individual or firm for an oral presentation before a CIW certification, evaluation, selection, technical revieW or similar committee, shall list on an affidavit prOVided by the City staff, aU Individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal Is submitted to the CIW Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbylst,shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he orshe has been listed aspartofthe firm's presentation team pursuantto this paragraph or unless he or she Is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pu.rsuantto '92.525(2), Florida Statutes, the undersigned, Monica Hernandez, makes the following declaration under penalw of perjury: Listed below are all Individuals who may make a presentation on behalf of the entlw that the affiant represents, Please note; No person shall appearllefore any c!)mmittee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she Is registered wltht.l1e Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Monica Hernandez President NeBtor Hert)andez Vice President For the p\lrpose of this Affidavit of Representation only, the listed members of the presentation team, with the exceptl!)n of any person otherwise required to register as a lobbyist, shall not be required to pay any reglstratl()n fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal Is submitted to the Clwas ~part of the procurement process. Under penalties of perjury, I declare that I haVe read the foregoing declaration and that the facts stated In It are true and specifically that the persons listed above are the members of the presentation team of the entlw listed Thomas F. Pope 01-13-15 Coreland Conetr\lctlon Corp. Print name of entity being represented END OF SECTION 18 EXHIBIT;#! SCOPE OF SERVICes Be SCHEPULE Qf VALUES . "Manor Lane Trame Calming Project" RFP #PWlO 15·05 I. Scope of Work: The proj8l:t consists of the constructlon of flve speed tables and VItO curb islands. The construction Is to be performed per speciflcatlons and the construction documents of Manor Lane Neighborhood Traffic Calmll)g Improvements. This Includes. but Is not limited to. the furnishing of all labor. material. tools. equipment, machinery. disposal of all materials. superintendence and services necessary for the completion of the constructlon of the prOject. The awarded vendor must obtain any permits required. The City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor. Including applicable fees. II. Site Location: There are five sites for this project. described belhw and depicted In Attachment C, "ProJect Site Map Be Speed Tables." J As depicted In the construction plans In A achment B, "Manor Lane Speed Tables Be Design." I • A: SW 63rd Avenue. beVlteen Sw 72Street and SW 74 Street o In front of 7240 & 7231 SW 63rd Avenue • B: Manor Lane. beVlteen SW 6$ Place and SW 64 Court o In front of 6445 & 6456 Manor Lane Additional Speed Tables. to be constructed per specifications In the Technical Memorandum in Attachment B, "Manor: Lane Speed Tables Memo" Design." . • C: SW 63 .... Avenue. between SW 74 Street and bend into Manor Lane o In front of 7430 & 7431 SW 63rd Avenue • D: Manor Lane. by SW 63rd Court o In front of 6356 MarioI' Lane • E: Manor Lane. between SW 79'" Street and SW 7811> Terrace o In front of 650 I & 65 10 Manor Lane III. Plans and Specifications: Plans prepared by T.Y. LII)JJ)ternational, Inc. and the technical specifications as per tb~,AttachmelftB."Manor l.!u1e" Speed Tables Memo" Design." Is a part of ~ ~~"i, Rf' by",!,,!_ Thomas_ P. Pt:pe 01·13;15 31 IV. Project Duration: The current estimate to complete construction of the project Is 20 working days from Issuance of Notice to Proceed. V. Warranty: The standard manufacturer's warranty Information must be prOVided in writing for all equlpmentlma~rlal being proposed. including installation by an allthorized dealer andlor reseller. Tho .... F. Pepe 01·:13·15 Exhibit I AttachmentA: "Schedule of Values" Note: Respondents must complete the Schedule of.Value. and Submit as a part. of Respondents Proposal Thomas, F. Pepe 01·23·15 END OF SECTION )3 Exhibit 2 In$u~nce .Bdndernnlflcatlon Requirement. 1.0 I Insurance A. With9ut IImldng Its liability, the ~ontractor, consultl!nt or ~nsultlng firm (hereinafter referre~ to as "FIRM" Wt.th regal'dto Insurance and Indemnlflcatlon requirements) shall be required to procure and maintain at Its own ""pense during the life of the Contract, Insurance of the types and In the. minimum amounts stated below as will protect the fiRM, from clalm •. whlch may arise out of or result from the contract or the perf9rrnan~ of the cOntract with the City of South Miami, whether such claim I. against the FIRM or any sub-contractor,or by anyone direcdy or Indirectly employed by any of them or by anyone for whos.e acts any of chem may be llabie. B. No. Insurance required by the CITY shall be Issued or written by a surplus lines carrier unles. authorized Inwrltillg by !he CITY and such authorization shall be at the CITY's sole and absollltG discreilon •. The FIRM shall. purchase Insurance from and shan maintain the Insurance WIth. company or comp~les laWfully authorized to seUlhsurance In the State of Rorida, on forms approved by the State of Florida, as wlU protect the FIRM, at a minimum, from all claims as set forth below which may a.rise ou~of or result from the R.I\M's operation. under the Contract and for which the FIRM RIai' be legally iiable,whether such operations be by the FIRM or by. Su~ontractor or by anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liable:. (a) claims under workers' compensation, dl.abillty benefit and other slmUar empl.,yee benefit actS which at. applicable to the Work to be performed: (b) claims for damages because of bodily Injury, occupational slcknus or disease, or death of thlI FIRM's employee.: (c) claims for damages because of bodily InJury, sickness .or dl .... e, or death of any per'sonolher th.an the FIRM's employees: (d) claims for damagas Insured by .1Isual personal Injury liability coverage: (e) claims for damages, other than to the Wor.k Itself, because of Injury to or destruction oftanglbl" property, Including loss of use resulting there. from: (I) claim. for damases betause of bodily Injury, death of Ii person or property damage arising out of ownership, maintenance or use of a motor vehicle: (g) cla.lms for bodily iOjury or property damageari,lng out of completed operations; and (h) clalnis Involving contractuaillabilltyln,urance applicable to the FIRM's obligations under the Contract. 1.02 . err!)'. jnsurance GW)eralfx. The FIRM shall provide and maintain In force and effect until all the Work to be performed under.thls ConVl\ct has beencompleted and a~epted by CITY (or for such duration a.ls otherwise speclfted hereinafter), the Insurance ¢overage written on Rorlda approved forms and as set forth below: . 1.03, _ Worisotsl Compensatlgn IOlyraoc:'i at .the statutory amount as to all employees In compliance with the "Worlkers' COmpensation LiW' of the State of Rorlda Including Chapter.41O,FI.orlda Statutes, a. presendy written or here-he.. r I. !lie .. n.~. ed, an. d. aI .... 1 ap. p .. llca. ble f~erallaws. '. In addition, tho epollq (Ies). mUst Include; Employe. rs'Uab.illty at th~s~tutory coverage amount. The FIRM shall further Insure that all of Its Subcontractors maintain appropriate levelo, of Worker's Compensation Insurance. 1.04! Comoll!rcij! Co"!t8UilOSiy@ General Liabjlity Insurance with broad forin endorsement, as well as auto~1 oblle liability, comp! )( operations and products liability, contractual liability, .everabllity of Intere.t with cross lIa.b IIIty provision, and. l.pe. rs. onallnjUry. and pro. perty damage liability with limits of $1 ,000.000 combined single limit or occurrence and $2,000,000 aggregate, Including: ! • P onallnJury: $1,000,000: • perty Damag", $500,000 each occurrence: 'I .' M ltall.n.,.u .. ".n. ce: .• ' .$5,000 ... ' ... per p .. erson: 1.05 ! .. . In.urance .hall be written on a Florida approved same coverage .. the primary Insurance policy but In the amount of $1,000,000 per claim and nual Aggrega\8, Coverage must be afforded on a form no more restrictive than the.!atest edition of enslve General Uabllity poliq, without restrictive endorsements, as flied by the Insurance Services ust Include: emlses and Operation dependent COntractors oduClS and/or Completed Operations Hazard . losloo, Conapsund Underground Hazard COverage oad Form Property Damage 51 (I) Broad Form Contra~1 Coverage applicable to this specific Contract, Including any hol~ harmless andlor Indemilfflcatlon agteer\1ent. . (g) Personal InJury Coverage with Employee and Contractual exclusions removed, with minimum limits of coverage e~ual to those~ulred fOr Bodily InJUry Liability and Property Damase LiabiUty. 1.06 Busln ... Automobile LlabUit)'with minimum limits of One. Million Doliars ($1,000,000.00) plus an additional On .• Million. Dollat ($1,000,000:00) umbrella per occurrence combined single limit for Bodily InJury Liability and Property Damagi! liability. Umbrelluoverage must be alforded 0,) a form no more restrit!lv. than the latest.edltlonofthe Busln .. sAutomobile Liability policy. without reotrlt!lve endorsements, as filed by with the stateofFiorlda, and must Include: (a) Owned Vehicles, (b) Hired an~ N(m-Ow~ed Veh.lcles (c) Employers'Nc!n,ow.ershlp 1.07 SUBCONTRACTS; The fiRM agrees that ~ any part of the Work under the Contract Is sublet, the subcontract shall eontaln the same Insural)Ce PrOVision as set forth In section 5.1 above and 5.4 below and substituting the word Suboontractor for the word FIRM and substituting the word FIRM for CITY where applicabl~ 1.0SHraand Ex\M.llA!lY>YeOli!llnIYJ'ilnce (aullden' Rllk), IFAPPUCABLE: .A. In the.ovent that this contract Inv~ves the construction of a structure. the CONTRACTOR shali maintain, with an Insurance. Company or Insurance Companle. acceptable to the CITY, 'Broad" formiAli Riskln,urance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the COUl'$e of conlvuClion. Incillding foundatlon$, additions. attachments and all permanent fl~ures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover . machinery. lithe cost of machinery I, Included hi theContract, or ~ the map,lnery Is located Ina building that Is being renovated by reason of this contract. The emQuntof Insuran~ must, at all times. be at least ~ual to the replacement and actual cash value altha insured property. Thepollcy shall be In the name of the CITY and the CONTRACTOR. as their InlOlrest may appear, and shall also cover the Interests of all Subcontractors performing Work. B. AlI.of the provisions set forth In Section 5.4 herein below shall apply to this coverage unless It would be dearly not applicable. 1.09 Miscellaneous; A If any notlce of cancell.atlon of Insurance or change In coverage Is Issued by the Insurance company or should any Insurance have an expiration date that will .occur during the perlod of this contract, the FIRM shall ~e '."ponslbl. for securlng other acceptable Insurance prlor to such cancellation. change. or explratlo~ so as to pro'Me continuous coverage as specified In this section and so as to· maintain covorage:d.ring the life of this Contract B. AUdedu(,t!bles mustbedeclared by .he FIRM and mus. be approved by .he CITY. At the Qption of the CITY, either the FI~M shall eliminate or reduce such deductible or the FIRM shall procure a Bond, In a form satisfactory to the CITY covering the same. C. The POlicleS shal)conl<\ln waiver of subrQgatlon against CITY where applicable. shall expressly provide that such policy or policies a ... prlmary eNer any other collectible Insurance that CITY tnay have. The CITY reserves the rliht at any time to ~ue.t a copy "f the r~ulred policies for review. All policies shall contain a "severability "f Interes~' or "cross liability" clause withOUt obligation for premium payment of the CITY. as well as contrattualliabillty provision coVerlng tho Contractors duty to Indemnify the City as prQVid~ (rithl. Agteentent i D. Befpre starti~the Work. thl! FIRM shall deliver to the CITY and CONSULTANT certiflcat\lS <if such Insurance,acoeptable,to the CITY, as well as the Insurance binder, If one Is Issued, the Insurance: policy, Includlngthe.deC\aratJon page and all applicable endorsements and provide the name, address an,d IOIlephorie number of the Insurance agent orllroker through Whom the policy was obtalned.Th~ Insurer ~aJl be rated A. VII or baiter per AM. Best's Key Rating GUide, latest edition and authorl~~ to Issue i. s.ura.nce In. · ... the Stat. e OfFl.Orlda. A. IIlnsuran .. ce POI.lcles must be written on .. for. msa. pp. rQV. ed. by t. h. e. S.ta. te. f Florlda and they must remain In full force and effect for the duration of the contract periOd With the ITY. The FII\M maY be r~ulred by the CITY, at Its sole discretion, to provide a "certified co~y" olthe Policy (11$ defined In ArtIcle I of this document) which shall includ, the deClaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the following endorsements: (I) a policy provision or. an endorsement with substantially ,Imilar provisions as follows: Thomas P. Pepe 01·23·15 ''The City of South Miami Is an. addltlonailnsUred. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damage. because of 'bodily Injury", 'property 51 damage' , or "pel"$onal and advertising Injury" and it will provide to the City all of tne coverage that Is typlc:ally provided under the standard Florida approved forms for commercial general liability coverage A and coverage Boo; (2) a polie)'provillonor an,endOl"$ementVllth substantially similar provisions as follows: "This policy shall not be' canCelled Qndudlr\g cancellation for non-payinent of premium), tenninated or materially modified without first giving the City of South Miami ~n (10) days advantild Wri(ten notice of the Intent tomaierlally modify the polle)' or to .,.neel or tQrmlnate the poliCy for any reason. The notification shall be delivered to the City by certJfted mall, with proof of delivery to the City." E. If the FIRM is providll\B professional se/'vices, such as would be provided by an architect. .engln.er, attorney, or accountant, to name a few, then In such event .and in addition to the above requirements, the FIRM shall. also provide Pro(esslo~1 Uability Insurance Qn a Florida apprqved (orm in the amount of $1 ;000,000 with. ded~ctlble per claim If any, nOt to exceed 5% of the limit of liability providing for all surris whlch the FIRM .hall becOme legally obligated to pay .. damages fordaimsari.ing out of the services or work performed. by the FIRM Its agentS, representativ~ Sub .Contractol"$ or assigns, or by anypel"$on emplP)'fld or retained by him In connection with this Agreement. This Insurance shall be maintaIned for four y ..... after completion of the constrUction and a«.ptantilof any Project.covered by thIS Agreement. HoweVer, the FIRM may pUrChase S~lflc Project Professional Uablllty Insurance, in the amountand under the terms specified above. which Is also acceptable. No Insurance shall be issued by a surplus lines camer unless authorized In writing by the city at the clty's sole, absolute and unfet~red discretion. Indemnification Requirement A. ihe Contractor accepts and voluntarily Incul"$ all risks of any Injuries, damages, or.harm which might arise during the work or event that Is occurring on the CITY's property due to the ne"lgence or other fault of the ContractOr or anyone acting through or on behalf of the Contractor. S. The Contractqr shail iI'Idemnify, defend, .ave and hold CITY, ItS offlcel"$, affiliates, employ~ successOI"$ and assigns, harmles. (rom any. and all damages, claims, liability, loSSes, claims, demands, suits, flnes, ludgtnentS oreo$! and expenses, Including reasonable attorney's fees, paralegal fees and Investigative costs. Incidental there to. and Incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be s\lffered by, or accrued against, charged to or recoverable from the City of South Miami, Itsofflee"', affll/ates, employe!!S, sucCt\SSOI"$ and assigns, by reason of My causes of actions or claim' of any kind or nature, Includlngcl.'"'s for Injury to, or death Of any pel'$on or pel"$on.anc! for the loss or d.ma~ to any propertyariSl"$ out 01 a negligent error, omission, misconduct, or any gross negligence, intentlonalact or,harmful conduct' of the ContractOr, its contractor/.ubcqntractor or any of their officel"$, dlrectol'$, agentS,. representatiVes, employees, or "Signs, or anyone acting through or on behalf of any of them. arising out of thl, Agreement, Incident to It, Or resultiO$ froll1 the perf0nroaneeor non-performance of the Contractor's obligations undor this AGREEMENT. . C. The Contractor shall pay all dalms, losses and expenses of any kind or nature whatsoever, In connectloritherewlth, including the expense or 1055 of the C.ITYand/or Its affected offlcel"$, affiliates, emPloyees, successors and asSigns, Including their attorney's fees, In the defense of any action In law or equity brough~ against them and ariSing from the negligent error, omlsslon,or act of the Contractor; Its Sub-Contractor or any of their agents. representatives, empIqyees, or assigns, anc!lor arising out of, or Incident to, this Agreement. Qr Incident to or resuldng from the perfonnantil qr nQn-performanee of the Contractor's obligations under this AGREEMENT. D. TheContracti;>r agrees and recqgnlzes that neither the CITY nor Its officers, affiliates, employee •• succasSOI'$ a.nd alslgns shill be held liable or responsible for any claims, Including the costs and expenses of defending such claims.whlq. milym,ult from or arise out of actions or omissions of tha ContraCtor, itS controctor/sub<;ontractor or any of their agentS, representatives, employees,or .. signs, or anyone acting #>rough or on behalf of the them, and arising out of or concerning the work or event that Is occurring on the CITY's property. In reviewing. approving or rejecting any submisSions or acts of the Contractor, CITY In no way ~sumes or shares responsibility or liability fortha acts or omlssloljs of the Contractor, Its contractor/subcontractor or any .of their agents, representatives, employees,' or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attol1ley or law flrm approved by the City of South Miami. whleh approval will not be unreasonably withheld. Thomas P. Pepe 0lon-IS 53 F. However, as todesig" professional contracts, and pursuant to Section. 725.08 (I), Florida Statutes, none of the provisions set. forth herein above that areln conflict With this subparagraph shall apply and this subparagra"h shall set folth the sOI.e reSponsibility of the design professional cohcel'nlnglndemniflc:ation. Thus, tile design professional) obligations os to the City and Its agencies, as weU as to Its officers and employees, Is to indemnIfy and hold them harmless from nabllities, damages, losses, and COsts, 16e1udlng,but not limited to, reasonable attorneys' fees. to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utill~ed by the design professional In the "erformanco of the contract. . Thomas .F. Pep. 02-23-15 END OF SECTION EXHlBlTl CONSTRUCTION BID FORM "Manor Lane Trafll!, Calming Project" RFP #PW20 Is·OS THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, I'L3]143 I. If this Proposal Is accepted, the undersigned R.espondent agrees to enter Into a Contract with. the City of South Mial11lln the forl11lnciuded in this RFP Package and to perform lind furnish all work a. specifled or Indicated in this RFP, Inciuding as set forth In Exhibit I . (Scope of Services) for the Proposed PrIce as set forth below, within the Contract Time and In acco!'<lance with the other terms and condition. of the RFP Package. . 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, Including without limitation those dealing with the disposition of ProposaVBld Bond, If reqUired. This Proposal will remain subject to acceptance f()r 180 calendar daysaftttr the day of the Proposal Opening. The Respondent, by signing and submlttlng this proposal, agrees to aUofthe terms and conditions of the form of contract that Is a part of the RFP package with appropriate changes to conform to the Information contained In this Bid Form. Respondent agrees to sign and submit the Bonds, If required by this RFP, required Insurance documents, and other documents required by the RFP, including the Contract If not already submitted, within ten (10) calendar days after the date of the CIty's "Iotlce of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined cop,es of all the RFP Documents and of the following Addenda, if any (receipt of all which Is herebyacknowiedged.) Addendum No. 01 Dated: April 13, 2015 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, lo~lIty, and all. local conditions and laws and regulations that I.n any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface cordltlons: If appllcabl!l to this R.FP, the Respondent represents that: I. Respondent has studied ca~fully all reports an~ drawings, If applicable, ofsubsurface conditions and drawings ~f physical conditions. n. Respona~nt has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) I all such examinations, InV!lstigations, explorations, tests and studies In addition to or to supplem$t those referred to In this paragraph which pertain to the subsurface or physical conditions at the slt~ or otherwise mayallect the cost, progress, performl\llC8, or the furnishing of the Work at the Contl-act Price, within the Contract Time and In accordance with the other terms and conditions ()f the Cdntract Do.cuments. The Respondent hereby acknowledges that no additional examination .• , Investiga~ons, explorations. tests, reports or slmUir Information or data are, or will, be reqUired by Respondent for any reason in COrlnectionwith the PrQPosai. ThefaHure of the Respondent to request a pre-bid i marking of. the construction site by any or all utility C()mpanles shall create an Irrefutable presump~on thattha Respondent's bid, or proposal price, has taken Into .conslderation all possible underground conditions and Respondent, If awarded the contract, shall not be entitled to a change order fo": any such condition discovered thereafter. - III. Respond~t has correl.ated the results of all such observations, examinations, Investigations, exploratiOns, tests, reports and studies with the terms and conditions of the Contract Documents. T1I~ml! F. Pepe 01·21'15 55 Iv. Respondent has reviewed .and checked all Information and data shown or Indicated In the R.FP Package or In the Contract Documents with respect'to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all. Underground Facilities and conditions that may affect the Work. No additional examinations, Investigations, explorations, tests, reports or similar Information or data In respect to any Underground facilities or conditions are, or will be, reqUired by Respond~nt In order to perform and furnish the Work at the Contract Price, within the Contract Tim. and In accordance with the other terms and conditions of the Contract Documents unless the Proposal.peclfically states that the contract price .Is sUbject to adjustment (or (uture discovery orunderground facilities and/or. conditions that affect the cost o( the Work and uti.loss the respondent makes a written request to the City. for additional In(ormatlon prior to submitting the bid or proposal as required In subsection II above; 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 confllcts,errors or discrepancies have·.been (ound and notice given. the Respondent represents. by submitting Its proposal to the City. that the Respondent has received sufllclentnotlce of the resQlution thereof from the City. that such resolution Is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errora or dlscrepancl .... e. This Proposal.I' genuine and not made In the Intere.t of or on behalf of any undisclosed person. firm or corporation and Is not ~ubmlttedpursuant to any agreement or rules of any group. association. organlzatlc>n.or corporation; Respondent has n9t directly or Indirectly Induced or solicited any 9ther Respondentto.ubmlt a false 9r sham Prop9sal; Respondeni has not solicited or Ind~c'" any pers9n. firm or C9rp9rltlon to refrain from responding; and Respondent has n9t S9Ught by collusion or otherwise to obtain for Itself any advantage over any 9ther Roispondent or over the CITY. 4. Respondent understands and agrees that the C9ntract Price i. the amount that I.t needs to furnish and Install all e>f the Work complete and In place. The Schedule of Values. If required. Is pr9vlded for the pUrp9se 9f Prop9sal Evaluation and when Initiated by the CITY. It shall form the basis for calculating the pricing 9f change orders. The Contract Price ,hall not be adjusted In any way so Ut9 result In a deViation from the Senedule of Values. except to the ex!en.! that the. CITY changesth. Scope of the Work after the C9ntract Date, ~such. the Respondent shall furnish a1llaOOr. materials. equipment, to91 •• superintendence and serviCes necessary to provide a complete, In place, Pr9)ect for the Proposal Price 9f. Twenty-four thot/lland. nine hundred lIeventy.fC)ur dollare and zero cents LUMP SUM BASE PRIcE: $ 24.974 dollars and 00 cents Alternates: #1 __ ..!N!,:!/A:l-_____ #2'--__ .:.;Nl""A"-_____ _ A fee breakd9wn. If applicable, f9r each task must be completed In the table shown aOOve. Fal!ure to c9mplete th,s Inf9rmatl9n shall render the proposal non-responsive. S. The ENTIRE WORK shall be completed. In full. within 20 workln, dava from the commencement date set forth In the NOTICE TO PROCEED. failure to complete the entfre work during the described time perii'd shall result In the assessment of liqUidated damages as may be set forth In the Contract. 6. Insert the following Informat/9n for future c9mmunlcatl9n with you concerning this PrQposal: RESPONDENT: Address: Teleph9ne: facsimile: C9ntact Person 7. The terms used In this Proposal which are defined In th"e Contract shall have the same meaning as Is assigned to them In the Contract Documents, unles. specifically defined In this RFP Package. 8. By submitting this proposal. I, on behalf 9f the business that I represent, hereby agree t9 the terms of the f9rm 9fc9ntractcontalned In the RFP package and I agree to be. b9Und by those terms, with any appropriate blank boxes. If any. checked and any blank "nesfliled In with the appropriate Information contained In the Solicitation Documents and this Proposal. or such Information that the City and I have Thomas F. 'epe 01-ll·15 S6 agreed upon In tile course of contract. negotiations and which have been confirmed by the City In writing. Includln~ .,-mail confirmation, If any. SUBMITTED THIS ~2_3r_d_ DAYOF PR()PO'SAl SUBMITTED BY: President Tide Thomas F. Pepe 02-2'-15 ___ A_pr_il _____ 2O..!L 305-233·1709 Telepho~e Number 305-233·1809 Fax Number mh@CQrelandconstructlon.com ... £mill Address END OF SECTION 57 (,i) Southf'Miami THE CIIY Of PlEASANT UVING ADDENDUM No. #1 Prolect Name: Manor Lane Traffic Calming Prolect RFPNO. PW20 I 5·05 Date: April 13.2015 Sent: FaxlE·mail/webpage This addendum submission Is issued to clarify. supplement andlor modify the previously issued Solicitation. and is hereby made part of the Documents. All requirements of the Doc;uments not modlfled herein shall remain in full force and effect as originally set forth. It'shiillbe the sole responsibility of the bidder to secure Addendums that may be IssuE!d;cfdr a specific solicitation. Ouestlon #1: Is there a budget for this projectl Answer to Question # I: The City's Adopted Budget for FY 2014 -20lS includes a proJece budget line item that may be found online on the City's Website. This line Item Includes the cost for design and construction. The followln, clarification I. provided to exhibit!. Attachment A. "Schedule ofYalues:" I. Respondent's SchedUIO of Values shall lnclydo; a. Thermoplastic line item • Any associated feeS for Temporary Pavement Strlplne b. Maintenance of Traffic line Item • Any assoclatod fees for off dyty wllee o(fIcers The following clarifications are provided to exhibit I, Attachment B, "Manor Lane Speed Tables Memo 8. De.lgm" i. Speed Table A & D: The Islands are to be provided with sod and NOT concrete. 2. Speed Table A: Respondent Is required to remove the existing City Parking Meter and return the meter to the Public Works Division. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 ofl CORE LAND CONSTRUCTION Past ConstructionProjecls -CIioftI: <:0_ .. Co~n- _DeocrI_ InIaII Ikln InfoUl tlan Aaioont DD CIty of. Florida CI\Y R. 'CIty ConInaunItyRed.,,.lcpswll Agency Ccmmunlt)'R_.,,-.$ 293.119 1Jec.2011 installation r:4 new eewrer linea. abIIIldoilrl •• t d septic tanka and conneciton ___ SoaIIIIy_b!lplo •• , , «M VftIIt PI*n ortve --to ____ ·_at_cwboancl·_ P_1O<X94I ...... CIty.Fl33034 nPbaItpavfng..1rfping,'~. tao ' capiro. CM: ___ .a22I IIII£IS!I! 'Ulm South_~_ S8DO Cuhert R placamut e581' 9N 180 AwraIe $ 71,873 0ec.2012 _of",, __ ptpe_ancI __ Nt'JCon6'a::tA)CJeMAstligned __ 1'1. --.......,. ___ Ior __ at.......,.._ PM: UII Ochoe 954 680-3337 _.ancI_at_ ~!I!D ! U2DI __ nO NItIonoI MSmy!ct _____ Pod< --_ ..... S 320,712 Fob.2012 CcIm!Oet>t:....--"' __ "'F""_ -... DiyT_.Fl lkoa , 5 FL 33034 --_InDiyT~FL _piojocIliIotocalod70 __ trom Orrer us QZ''TITlIF!t ""'·_,,--":'7792 KerWeot, FL anly......-vIo_1 pi .... COTR: 'f\1Ian ShaIIey 3QS.242.77<48 CltyatFort~ .. C •• I.I .',j _ ~,~ '" COBG Spood Hump __ 100 NortIAndnWM~ $ 120.787 Ji.I.2012 _""'ftottop ~_ .......... 38 oIgns, stiping.1MId 111_ ~118OfS 1'1..-.1'1. -----PIot'DIne EIdIIIe £154 828 es85 US_oIP8II<_ Frag CIty '*_ Ramp o4OtD1 SIaIe Road 933IS S ....... Feb.2013 _"' ___ Ior .... bootIboot_ \\\>o1t1nd.: ~P12PC41U70 Hc:meeIeiid. FL 33034 -----gnodIng.hauIIdIIpooaI"'--. "'_m-.._ma _at --. lip "",. IftMam IIJItI ilia. CIIr"'-_ -RepoIrP_. 8130 &.mel: Ortve $ 20.881 Apr.2013 ~"'-"'-ltiR>ughoutmi.lllplo--~POO12Uf6 __ 1'1. .. 331<13 --CIIr '" South Mlllmi. PM:Jcrge_~ .111 II!IIIIM& Cltyat"-... ,'.1 . t ,',' -,I SUpply.,. l' •• 11_<:0,._ I-etlan ofConcrele '$881 w,a.ncI __ $ 81.819 Mar.2014 __ losuppty& __ 1IIdeIioIca. podo& SIal lib. P_ &-CUrM Dadng'" 'PwIod ............ 1'1.33313 --cudlo1lllOUgll_ ..-_ .......... ,City'o_ , FoIIruIry1,2013toJllluory31,2014 ... _ .... _-.. YIIriooa_"""ugIioutC1tlt"'....-. _2013-009 • 7; mrtfle: _,.2014 toFollrulry Z8, 2016 _201_5 CORELANDCONSTRUCTION Past Construction Projects --CoaInIct CoIapleaOil Projlet Dwe I):Uoo Inlol, , •• , ..... I n -.,... _ CoontyTnlnolt Dope. 1'I1InaIt .... '.iiBb acturea& au. SheItIaI 1 N. 'UWenIIY Drtw. 24019 $ 119,414 _4 InsttIILccncndt Plda,:curbtslgutlera" & eIoctricaI n Instal new owner-ptOVlded ... """ .... _FL ......uoj bus __ otfivo ____ eounty. Wool WO#15/1SoA ... _-on-,.._MOT_ I lSI. ____ Ice US NatIonoi PaIk_ Hew Raellienee. Ft.Jefferscn 12785 W.: AIImecSe PwtI:way, Rm 311 $ 1.152.000 Apr. 2014 __orolxlOllt __ .. _poott_ DlyTortuga __ o.-.~ """'uoj ~.-'~._._.EIocIricaI, ...... ""'" Key. FL CO: o.rtn Knapp. 3Q3 988 205S DRTOf. 168911 COTR: Jose BIerp 305-242-77'1'8 _ FInt_. WIndowaII:Iocn; Fi1-' etc. , EDUCATION I LICENSES: NESTOR~HERNANDEZ 7335SW 142 Terrace Palmetto nay. FL 33158 nhernande2@oorelandconsiructlon.com Florlda.Licensecl General Contractor -CGCISI0780 Miami-Dade C9mmunity College -C9urse study focusing in architecture Miami Senior High School PROFESSIONAL EXPERIENCE; Corellmd Construction Corp. -Vice President (1995 -Present), President (1988 -1995) Duties ahd respooslblllties include: Emating -.attending pre,bld meeting Ie fiunillarize site conditions (etc.), revIewing plans 8I\d specifications, preparing detailed rnatetialsllabor tak!':oft; analyzing and comparing sub-tmde bids, finalizing final bid estimate and bid documents for subniittal. Sollcitinjl potential work(bld journals, invitations to bid, etc.), preparing& sending invitationslo bid to sub- trades arid suppUers;preparing & dlstr\butillg bidding packages tQ sub-trades arid suppliers, preparing pre-bidRFl's (requests for informatioo). . Prqiect Managetnent -preparing project schedule, schedule orvalues, attending pre-oOnstruction 8I\d construction meetings, preparing/reviewing product specifications submittals, CQIltdinating/scheduling labor & subcontractors, preparing RFIsicorrespQndence, overseeing field work/progress of work to comply with contract documentS, preparing monthly payment requisitions. . Amcon Inc. -Vice President (1994 -1996) Dut.les arid resPQnslbilitl.es itJcluded: Estimatillg ~ attending pte-bid meeting to flImiliarize site conditions (etc.), reviewing plans and specifications, preparing deta.iledmaterialsllabor take-oft; analyzillg and comparing sub-trade bids, finalizing final bidestimate and bid dOC1llDents for submittal. Soliciting poIential work (bId journals, iIIvitations Ie bid, etc.), preparing & sendillg invillltionsto bid to sub- trades and suppliers, preparing & distributing bidding packages to sub-trades 8I\d suppliers, preparing pre-bid RFI's (requests fQr informaUoo). . . Prolec!Managernen! -preparing project schedule, schedule of values, atlendingpre-constru¢on and construction meetings, prepari!l8ireviewing product specifications submittals, coordillatillg/scheduling labor & subcontractors, preparing RFIsicOrresPQnden<>e, overseeing field work/progress of work to comply with contract documents, preparing monthly payment teqwsltl9l\S. Status CO!\slructiOD -Superintendent (1987 -1988) Duties and resPQnsibilities included: coordinating/scheduling labor and materials deliveries, overseeing labor, subociltractors and progress of work to comply with drawillgslcode, malntalning daily Job reportS and labor time sheets. Deco Trulj Corp; -Draftsman I Plant operatloos supervisor (1984 -1987) Duties andresponslbiUties included: design 8I\d drafting of truss layout plans, preparing engineering cut sheets, jobsite trouble shooting, overseeing manufllcturing plant operations. COMPUTER SKILLS (SPECIALIZED TRAINING: Microsoft Project Quick Books Pro CarpenWi' by trado(finlsbend rough) Hands-on experience In site preparation, building layout, shell construction, setting wood trusses and other scope oi'work. WOlIJan.Owtrw BU3Ine.u SBA Certified Small Diladvanloged DWinell Stale 0/ FlorIda Mi'lOrlty Buslnesl EII1IITprlse (MBE) Mfoml-Dade County Community Small Business E"terprlse (CSBE) 1. Mr. Jerry Lopez, Contracting Officer United States Coast Guard BSU Miami (lP) 909 SE First Avenue, Suite 512 Miami, FL 33159 Phone:. 305-415-7085 Fax: 305415-7092 JERRY.LOPEZ®USCG.MlL Government References Type ofProjec!(s>: Multiple projects from 2008-present with scope of work ranging from Interior renovations, ramp/deck, electrical. 2. Mr. Rick Stauts City of Florida City 404 W. Palm Driva FloridaCity,l'L 33034 Fhone:305-247-8221 CRAEXDIR@FLORIDACITYFLGOY Type ofpr!)i\SCsl: Roadway improvements and construction of emergenCY generator building. 3. Mr. DarrlnKnapp, Contracting Officer US National.Park Service Denver Service Center 12795 W. Alameda Parkway, Rm. 311 Denver, CO Phone: 303-969-2055 DARRlN KNAPP@NPS.OOV Type ofProj\SCsl: New construction of6 unit housing tilcllity at Fort Jefferson, Dry Tortugas National Park. 12301 S. W. 128" Court, Suite 107. Miami, FL33186. 305-233-1709 om",. 305-233-1809 Fax www.corelandconstructlon.com RICK SCOTT. GOVERNOR KEN LAWSON. SECRETARY [j==~~Bi~···~·-··,;··c.-;_~",C'e:.;-.,-.... ), ,.,":" ,'c. '~. . , I .J "·,1 ISSUED: 0812712014 DISPLAY AS REQUIRED BY LAW SEQ" L140B270003523 \ 1 " .. ; ',,' .0.- A --:' 2- "'"1~ .. -'" CERTIFICATE OF LIABILITY INSURANCE I . I~"J Tn '" "~~ ... ;' i_"!.;~.~'t .•. UED ... ' Ail.' ~;~::.~ .~() .. ·F .' .' 4.' ........ ON" .LY (,AND.' , ... .r~ .. !! .~ IrRlOHT8.UP() 'N . '.' ::=:,.!.:~:v".!~._''-~' .. '. . "~"';o;;~::',!.' .. ....:::~.'i~T':.~ rHE~,;.;:; ~~~~ ... ~;l"". '06':'''''lg5>~~At!ilTllE! ...... ~"v;II"in."'uld A wnll""., BETWJ:EN .' 7':-: .' 111110 ~Ol~ •• ;~II::~:';~"~;;"';~~'" ." mo .onna 'IUOU'Ofluch" ." , .. ~U... "".-".' Jih. I INSURED 1 , I I i Cortland COnalructlon Corp. 123018WI28Co'Jlt, Suite 107 MlamI.PL.33t88 HOCCUR City of South Miami 6130 Bun .. , Drive soutll Miami, FL 33143 , AC()Rl!2& (2014101) ~-~----I ~~~~====~I ;~.~&ill,,(306)~~ NAIO. 'Ina.Co. 10178 SHOULD AN( OP THE ABOVE OESCR,BED PO~ICIE8 Be CANCELLED BEFDRI! THE EXPIRATION DATE THEREOF, NOrlCE WILL BE DELIVERED IN· ACCORDANce WITH TH! POLICV PROVISIONS. . 0·' .... ·4U ,4 ACORD, The ACORO name and logo Ire registered marks of ACORD AHriahto I EXHIBIT#I SCOPE OF SERVICES & SCHEDULE OF VALUES uManor Lane Traffic Calming Project" RFP #PW20 15·05 I. Scope of Work: The project consists of the construction of five speed tables and two curb islands. The construction is to be performed per specifications and the construction documents of Manor Lane Neighborhood Traffic Calming Improvements. This includes. but is not limited to. the furnishing of all labor. material. tools. equipment. machinery. disposal of all materials. superintendence and services necessary for the completion of the construction of the project. The awarded vendor must obtain any permits required. The City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor. including applicable fees. II. Site Location: There are five sites for this project. described below and depicted in Attachment C, "Project Site Map & Speed Tables." As depicted in the construction plans in Attachment B, "Manor Lane Speed Tables & Design." • A: SW 63,d Avenue. between SW 72 Street and SW 74 Street o In front of 7240 & 7231 SW 63,d Avenue • B: Manor Lane. between SW 65 Place and SW 64 Court o In front of 6445 & 6456 Manor Lane Additional Speed Tables. to be constructed per specifications in the Technical Memorandum in Attachment B, "Manor Lane Speed Tables Memo & Design." • C: SW 63'd Avenue. between SW 74 Street and bend into Manor Lane o In front of 7430 & 7431 SW 63,d Avenue • D: Manor Lane. by SW 63,d Court o In front of 6356 Manor Lane • E: Manor Lane. between SW 79" Street and SW 78" Terrace o In front of 650 I & 6510 Manor Lane III. Plans and Specifications: Plans prepared by T.Y. Lin International, Inc. and the technical specifications as per the Attachment B, "Manor Lane" Speed Tables Memo & Design." is a part of this RFP by way of reference. Thomas F. Pepe 02-23-15 Pagellol76 IV. Project Duration: The current estimate to complete construction of the project is 20 working days from issuance of Notice to Proceed. V. Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment/material being proposed, including installation by an authorized dealer and/or reseller. Thomas F. Pepe 02·2]·1 S Page 32 of 76 Exhibit I Attachment A: "Schedule of Values" Note: Respondents must complete the Schedule of Values and Submit as a part of Respondents Proposal Pay Item DESCRIPTION Site Preparation & Demolition 101-1 MOBILIZATION 102·1 MAINTENANCE OF TRAFFIC 110-1·1 CLEARING AND GRUBBING (Includes removal of asphalt pavement) 162·1·11 PREPARED SOIL LAYER. FINISH SOIL LAYER. 6" 327-70-1 MILLING EXISTING ASPHALT PAVEMENT (0.5" AVERAGE) 334-1-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (IIOLBS/SY·IN) 520-1-10 CONCRETE CURB & GUTTER, TYPE F 520·2·4 CONCRETE CURB, TYPE D 570·1·2 PERFORMANCE TURF, SOD 0700·1-11 SINGLE POST SIGN,F&I LESS THAN 12 SF 0711-THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" 11123 END OF SECTION Page 33 of 76 Thomas F. Pepe 02·23·15 UNIT EST. UNIT QTY COST LS I LS I LS I SY 16 SY 216 TN 33 LF 66 LF 46 SY 16 AS 20 LF 480 TOTAL TOTAL COST Thomas F. Pepe 02·23.15 Exhibit I Attachment B "Manor Lane Speed Tables Memo & Design" Prepared by: TY Lin International Page 34 of 76 TYUIN INTERNATIONAL T-¥LININTERNArIONAL eng in eers I planne rs I scien tis ts Manor Lane Speed Tables Memo T .Y. Lin International (TYLI) was retain by the City of South Miami (City) to develop civil plans for the installation of two speed tables (locations 1 & 4 of Figure 1) as part of the City 's traffic calming improvements . The plans can be found in Attachment A. As part of the City's expansion of the traffic calming improvements three more locations (locations 2, 3 & 5 of Figure 1) have been identify as potential locations refer to figure 1. Memo : March 16, 2015 "Manor Lane ' Speed Tables Memo T¥LININTERNATIONAL engineers I pla nners I scientists Richard Garcia & Associates, Inc. (RGA) developed a traffic study on June 4th , 2012. All five locations pOinted out in Figure 1 were analyzed at that time. However, based on the data collection and analysis at the lime RGA did not cons ider necessary to adopt the speed tables at all five location . In the last two years the City has noticed an increase of cut thru traffic and speeding along Manor Lane and SW 63 Avenue. As such , the City wants to implement the speed tables at all five locations previously analyzed . TYLI has no objection as long as the speed tables are installed as follows: 1. Speed tables cannot be installed within 100 feet of the intersection curb return , 2. Speed tables cannot be installed within 50 feet a fire hydrant, 3 . Speed tables cannot be installed in front of a driveway. 4 . Installation of seed tables need to fallow details on Appendix A page 4, 5 . Signs W17-1 and W16-9P have to be installed 100 feet upstream of each speed table (from both approaches) as shown in Figure 2 . 6 . Signs W17-1 and W16-7P have to be installed at the edge of each speed table along each approach (as shown in Figure 2) Figure 2-Example of Sign Locations IUS !NO ?i s ii Memo: March 16, 2015 "Manor Lane' Speed Tables Memo "NLININTERNATIONAL engineers I planners I $Clenllsls Appendix A T,Y, Lin International Speed Tables plans "Manor Lane' Speed Tables Memo South Miami CITY OF SOUTH MIAMI , ..... - M. IIcaCIJ ...... MANOR LANE NEIGHBORHOOD TRAFFIC CALMING IMPROVEMENTS 2001 SW 63 AVE SPEED TABLE Manor Lane SPEED TABLE PREPARED FOR: CITY OF SOUTH MIAMI MIAMI -DADE COUNTY, FLORIDA PR OJ ECT LOCATI ON S II ~ 0. '< "' "' ~I --~--t -t ,.------~ '< ---.., , -_~ ; l-~ ~, \---'--~,~-:--~- . 5 72 5T -; SUN SET R' --T----~- ~o -----~.... SW 80 s-r- .... ' "' 3 ~ ---- q; ~ q; 1 _____ 0., ------------ "_'SW"88-Sr --' --r' --T LO CATION MA P ~WORKZONE NOT TO SCALE CITY C OMMISSIO N: MAYOR: PHILIP K. ST ODDARD VIC E-MAYO R: JO SH LI EB MAN COMMIS SION ERS : BOB WELSH V ALERIE NE WM AN WA LTER A. HARRIS CITY MANAG ER: STEVE AL E XANDE R CITY ATTOR NEY : LUI S FIG UERED O CITY CLERK : MAR IA M. ME NE NDEZ PUBLIC WO RKS : GEORG E V ERA PREPARED BY : T'Y'LiN INTE RNAT IONALIHJ ROSS ZOI ALH~8RA CIR.C LE SUITE 900 CORAl. GABLES . FLOR.IDA 33134 PHONE : ()oS) 567-1888 FAJ:: ()o5) $6 7-1 771 E80oo0Z017 • : INDEX OF S H EETS S HEET NO . DESCRIPTION COVER 2 NOTES ~ • , ~ , o 3 SU~"'ARY OF QUANTITIES PROJECT LAYOUT &0 DETAILS S PLANS -MANOR LANE 100% SU8MITT AL ',,_, ""'!";'="" __ j .. , .. ~" .. ,,,,, ........ \4i_~."', :; ~ ~ ; ~ i I 11'---1 ~ II ROADWAY ROADWAY PAY ITEM PAY ITEM DESCRI PTION UNIT PLAN OUA NTITY /01-1 M081LIZATION LS 1 102-1 MAINTENANC E OF TRAFFIC LS 1 11 0-1-1 CLEA RING AND GRUB BING (Includes remov al of asphalt pavement) LS 1 327-70 -1 MILLING EXISTING AS PHA LT PAVEMENT (0.5" AVERAGE) SY 18 334-1 -13 SUP ERPAVE ASPHALTIC CONCRETE . TRAFFIC C II IOLB S /SY-IN) SY 18 SIGNING AND PAVING MARKING SIGNING AND PAV EMENT MARKINGS PA Y ITEM PAY ITEM DESC RIPTION UNIT PLAN DUANTITY 0700 -20 -1 1 SINGL E POST SIGN,F&I LESS THAN 12 S F AS 4 0711-1 112 3 12" SOLI D TRA FF IC STR I PE (W H IT E) LF /.456 " l , , 1 , 1 , , ".,.un." .. _ , , .,1 ":\(/:';;0 J .. ;. .... -.. , -,1'0/'" .. ······.:..;/n··, • '" « .··,\.\CEt,:···. '-?~ , " $"" .,)~ .... Vo -~ : No c" '. , i *A. . oa ~a, > • IItylS'OffS ~NW" PREP~O BY: ~~ . MANOR LANE T RAFFIC CALMING _n_ _. T'Y'LlN INTERNA TIONAL ~ ~ f~. CIT Y OF SOUT H MIAMI • , _., .-IMPROVEMENTS ~ , OC5""lO: ~ "' .... -"'-: -~, ' ~. I~ .. " , 3 , <".u.", , .u ... ~-....... -,,-MIAM I·DADE CO UNTY. FLOR IDA , .---~,--" ... )'.0 J . AI • ,E,-'. ._. SUMMARY OF OUANTITIES • Kou, -" .. ~ .... -.... ,,-.... "', "_. "flo ,661I1B "'ll.,'· " .. .. ,-. --,." -' .,..." ... . -.. , .. ~, '" -~ . -~ ........ SECTION A-A NOTES: I . /J~ ~~E"'WE A5'I1N.TIC COIICMTE nit ,oar STAMWtD Sl'EC/"CJ(1"IDfj$. 1 . MILL EXIST. ~AIIIEMEId '" MID N'~l..r TACK COIIJ ,.EIt Frxtr STJlMDIi/tD Sl'ECIFICATIDfjS. SEE IKffE 2 SEfIH11"E J ,"\ r-';"I '" ""''' \ i ---"'~;;;);;;;$;;};;i;;; ,!,?/:, -EX lg. ~JIIEMEKr J EXIST. 'WEMEKr SECTION 8-8 r-----" . J ,. ~.JI;1 F L I /.ItIIDIMG I VEED, TA.tLE1 UoIWllHi I r Ef)(;E M 'NEMEId + • j T r(OF ·1.AIIE L n' ~ ':' I ,J-If ' lr ."HlrE T Htltl4OnAST1C 7 B:;::J 1\ .... (OF S'EED TMI1 ... EXIST. n¥EMEId AREA i /UJtlt.tlHi m"J ' PMJP. SPEED TAIILE AREA SPEED TABLE II.T.S PLAN VIEW --c:-----,--, ----,V'! [ ~''''"''''''~ I ,,~ ,,.,..,,"',. 14 ~,-C~7;;-;;' ,ItO'. TYPE '0" CUM - SHOUWER ISLAND DET AlL II.T.5 j """ .. "'" OF VEED HUM' r 12" .. HirE L ~ ",,.fttJJ€.H I IIG If IT I r 1 i l l 1 I --':' ... ... I ~ ... I'" I!;I --_ ..• y l 1 l r f r I jtJ"~""""~~" -t8'-+-'D'-+-I.2'-4--I4'........+-I'~I'----l--N---I , •• , (:I $C O J . .2' 100' .:i'.';;;~.J '.·-... ' 01"'" -. .... T·Y'UN INTERNATIONAL CITY OF SOUTH MIAMI -_. CJ«<Uo, -. .---~ .... -_ ...... _ ...... -, ....... _., .... _ ...... " COUNTY. FLORIDA _ sw 12 STIlECT - T"'!J"T , r , , i S EEi'rl" . ~ \ ~ j 7~ I! tl Ii [\1 I 'I II !--~ , ,~---L . ..-.!i L .. 1 -" SW H STllEff - SW 63 AVENUE !'\ i ~l___ /// i:i " / ______ .-J ;~l /)f,> <, ./ jl 'i...~/ ~o ·./ / , :A\ '/ ' _ .. _,,--" ::.1/' ,'~~ .' /.' ~::;.~!...!...tJ.!!.AA!:5!....· /..,/ c,"".Y ,/'./ 1./ //// .....::~ " / /,., .' -/ ... ~"/ ".,/./ /.~()~/ ./ ,/ / ./ " +/. / ,/ /' / -.. ~/' /' /,' ,. ::;T7' .' /././ 1(( //// :.. /. /' / J I' / /.' / l . / / . _iJ.J~:~--/ MANOR LANE MANOR LANE TRAFFIC CAl...MING IMPROVEMENTS PROJECT LAYOUT & DETAlLS ! 4 ,~ , I---'14 1_1)1$ ,,~ ~ ~.w CJ!iIT:> W.W ~ z,r~I T D~ Sf A 13+1 •• 83 , '" CJ!iIT:> W.~ ~ Z'.,T i IOO •• 'iI -JJ i Sf'" , .... NJ.7J , AS ... - --"----------~---C"> .... i:l1'l-~-------l -- 11JI ~EfE'" TO SHQULOEII ISUltO D£1NL (SIfEET 4) \.... fl£F£It TO N:NNlCE WlANt I "r; ~A/l.I(IW; OETAJl {SlfEET ., rr'J .-~ ~ 5W 63 AVENUE _,: """,J -, .......... /IIIf_"'~ .:..a • ." c ""'"' ~, T'Y'UN INTERNATIONAL ...:,«fS::.:.=z .... , - llJ. ~ w.~ joo:>(j:/1 ~ CITY OF SOUTH MIAMI IAA/-DAD E COUNTY, FLO RIDA , .' ,u, ~1¥,1f.i1 'AS ~ / ItEFEIt TO NNNtIC£ WAltltlM(; 1CAN:/1fG oeTAlL (SHf!:ET 4. n"J u" M ~ MANOR LANE LANE IMPROV EMENTS PLANS • MANOR LANE 5 Thomas F. Pepe 02·23·15 Exhibit I Attachment C "Project Site Map & Speed Tables" Page 35 of 76 ,&' 6700 7420 ~ ~I ~ t ~ ~ ~ ~ C> 7710 l _ ::?!. ", I '" I ) ( I V/) I: l!\ [ Id:~'------' ~ 7 ~ 0 ::::> 5951 .....I ~ 7~1 7411 7441 7511 0 7531 a: :::?: 7551 ~ 7611 § 7621 .....I 763 1 S Sunlet Drive 8W728T -. '63:tOI~ 6SOO ~ ~ § ~ ~ ~ I 163-40 6310 7220 f--. -.-L.... 7223 -~231 1240 i i j ~ 7230 7230 ~ 723 1 7243 - :~) 7240 1241 --m, 72~ 7260 S W '31'< 7240 1248 7310 7311 7301 ::;: 7~ ~' ! i f -7310 7313 7320 I::! 73ii " 7320 7321 -;: 7321 f--~ ......1326...- 7330 733 1 -.~ 7330 7350 Iii :;; ~ i e-7340l ~ t1 -:s :s ! 7340 734 1 7340 ' 6331 ~.. -~ w .r hH sr-\, "'-,-11 R 74j)() G 7491 7~OO 7401 7400 7401 \. ! I ! iZ 6 lJ: 74iI 7410 7411 7410 7411 !"': ... ~ 7431 -7420 -- 7421 7420 74 21 l~ -~-. . -744 0 ... 7437 7430 ~. 7431 7430 g 7431 ~ m I :~~ 7450 ~ 744 1 -'- O.J 750 1 1 75ixr 7~ 7GOO ---I 7511 .(f) )- -7510 7500 75 11 7511 751 0 --""r 75 10 7521 7520 :;..' 7521 7520 7521 ---. !n 7531 ~ I ~ mo,~11r -;;;; -7540 l 7531 7530 753 1 2-~ '-7600 ~~ ~ ... . -7611 7Q)() 7601 6540 &520 :;.. 7610 [i.i 7621 76.1,0 76tt 1 1'6641 fiJ'/.I 7620 Jti20 762 1 rv tiT f hi!; R 783 1 -r~ \~ ./, 7641 l830 7631 I' $' S$lJ 7640 ~\ / 1&51 .~ -' ,:\: iii I ,q> I' 7650 ~~ 6396 7661 d. "" L<4.~ I~ ~<S> S ""," ~> I --~;t, A Y 6310 '. l!OO SW61CI 6241 ~ ~ Proposed Table , a s s hown o n S igned & Sealed Plan s 6310 ~-~ [6341 ! ~ 13 ~ CJ Proposed Ta ble , a s des c ribed i n the Memo from th e Engineer a nd att ac hed within thi s exhibi t Ii! ~ f;j m &I 7 § " t ISE I MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and legal HOlidays Miami, Miami-Oade County, FIOJida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI AFP #PW2015-05 in the XXXX Court, was published in said newspaper in the issues of 0313112015 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 31 • A.D. 2015 (SEAL) M. ZALDIVAR personally known to me MARIA MESA NDlary PubliC· SIIIO 01 Florida Comm. ElPI"l Mlr 4. 2016 • EE 168275 CITY OF SOUTH MIAMI MANOR LANE TRAFFIC CALMING PROJECT RFP itP,W2015-05 SUBMITTAL DUE DATE: APRIL 23, 2015 AT 10 AM SOLICITATION COVER LETTER 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'=;; request (hereinafter referred to as "Request for Proposals· or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City Manager. orthe manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PW2015-05 titled ·"Manor Lane Traffic Calming Project: The purpose of this RFP i~ to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (Exhibit 1), and the plans andlor specifications, (Exhibit 1; Attachment A, Attachment B and Attachment e), described in this AFP (hereinafter referred to as -the Project-or ·Project-) Interested persons who wish to respond to this AFP can obtain the complete RFP package at the. City_Clerk'.s office Mondc;lY through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: hltp:/Iwww.southmlamlfl.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 AFP Table 01 Contents. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers on April 13, 2015 at 1 0:00 AM located at 6130 Sunset Drive, South Miami. FI33143. The conference shall be held regardless of weather conditions. 3131 Maria M. Menendez, CMC C·lty Clerk City of South Miami 15-B-12812424728M , \ Date: RFP Title : RFP No.: 3 4 5 6 .\, 7 ; ',0 8 9 10 11 HIE CITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet April 13, 2015 Manor Lane Traffic Calming Project PW 2015-05 I ' ' \ C:IUse rslsku lick.CS M IIDocumen lslSoU lh Mia milTempl aleslPr e-Bid Mee lin g Sign-In Shee l.d oc , , BID OPENING REPORT Bids were opened on: Thursd ay. Ap ril 23. 201 5 after: 10 :00am For: RFP # PW 2015-05 -Manor Lane Traffic Calming Project COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: l. 2. 3. 4. 5. 6. 7. CORELAND CONSTRUCTION CORP. FLORIDA BLACKTOP INC . PERRIN INTERNATIONAL SERVICES INC. R. P. UTILITY & EXCAVATIO N CORP. SANCHEZ ARANGO CONSTRUCTIO N THE COMBINED GROUP WILLIAMS PAVING CO. IN C. THE ABOVE BIDS HAVE NOT BE EN CHECKED. $~lJlq/Y .OO Jt57, &50 OS Jd'i?, 3~ /.07) .t<Y-I,~oo . Ob .tJ, tdo /.0' 0 . 0() S:~n,4:l0 . m t5D,IclSI .1.f I THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clcrk: Nkn ~"" j?a.--,ne Print Na e Witness: --:rohrz (~)e6 5ter Print Name ' / Witness: ~'-I-e v <!. IA.-/~A Print Name PROPOSAL SUMMARY RFP PW2015-0S Manor Lane Traffic Calming NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Bid Package Public Fed., State (10'g2 Schedule (1) Proof Bid Signed (1) Perf. Quallt. Non-Entity DruB Free OH5A Related Presentation Bidder Bid Price Ust of Subs Vendor Sun biz Copies; 1 of Values of Ins Form Contract Bonds Statement Collusion Crimes, Workplace Stds Parte!s Declaration Digital) etc. Listings (oreland $24,974 Const X X X X X X X X X X X X X X X Perrin Int'l $28,381 X X X X X X X X X X X X X R.P. Utility $34,400 X X X X X X X X X X X X Combined $39,420 X X X X X X X X X X X X X Group Williams $55,651 Paving X X X X X X X X X X X X X X Florida Blacktop $57,659 X X X X X X X X X X X X Sanchez $66,610 X X X X X X X X X X X X Arango (1) Condition of Award Member Name Bid Number Bid Name 3 Document{s) found for this bid City of South Miami RFP-RFP #PW2015-05-0-2015/5K Manor lane Traffic Calming Project 383 Suppliers Notified; 12 Planholder{s) found. Supplier Name Address 1 BCC Engineering, Inc. 7300 North Kendall Drive BOFAM CONSTRUCTION COMPANY, INC 697 N. MIAMI AVE, LOFT #3 Construction Journal, ltd. 400 SW 7th Street JMS Construction Services, Inc. 4420 Peters Road Maggolc Inc. 11020 SW 55 ST Reed Construction Data 30 Technology Parkway South, Suite 100 RP utility &excavation.corp 3422 sw 156 ct Solo Construction & Eng Co 20855 NE 16th Ave Suite C1 Team Contractin~ Inc. 13911 5W 42nd Street Traffic Control Products of Florida, Inc. 5514 Carmack Road Traffic logix Corp. Vendorlink llC 12201 Research Parkway City State Zip Phone Fax Attributes 1. Hispanic Owned 2. Small Business Miami fL 33156 3056702350 3056702351 MIAMI FL 33136 7542450102 3056759269 Stuart FL 34994 8007855165 8005817204 Plantation FL 33317 9547977710 9547917026 1. Small Business Miami FL 33165 7862912949 7864728831 Norcross GA 30092 8009018687 8775633534 miami fL 33185 7865064998 7862284967 1. African American Miami FL 33179 3053458600 3056551226 Owned Miami FL 33175 3052079799 3052079790 Tampa FL 33610 8136218484 1. Woman Owned AB Orlando FL 32826 4074010031 1111111111 1. Small Business Detail by Entity Name Page 1 of 3 ~ .,,' ~ FLORIDA DHARTMf:NT OF STAn: ~ , ;.~ \; /.:' ., '~:\i I , .-<tii ' , DI l'l S I 0:\ 0 reo RPORAT I o:\s , :;ilnblz, ,~ '~~:r '. ~---~ \\\. f':. ... :;. :' ;l <"".' ~'.' I ~~ Detail by Entity Name Florida Profit Corporation ~ORELAND CONSTRUCTION CORP . Filina Information Document Number K33820 FEIIEIN Number 650073665 Date FIled 0912311988 ~tate FL ~tatus ACTIVE Last Event NAME CHANGE AMENDMENT Event Date FIled 0311211996 Event Effective Date NONE Principal Address 12301 SW 128 COURT ~107 MIAMI, FL 33186 ~hanged: 0410712010 Mailina Address 12301 SW 128 COURT ~107 MIAMI, FL 33186 ~hanged: 04/0712010 Reaistered Aaent Name & Address HERNANDEZ,NESTORJ 12301 SW 128 COURT ~107 MIAMI, FL 33186 Name Changed: 04117/2006 IAddress Changed : 0410712010 OfficerlDirector Detail Name & Address Title VSD http://search,sunbiz,org/lnquiry/CorporationSearch/SearchResultDetail?inq... 4/23/2015 Detail by Entity Name HERNANDEZ,NESTORJ 12301 SW 128 COURT, #107 MIAMI, FL 33186 ~itle PTD HERNANDEZ, MONICA 12301 SW 128 COURT, #107 MIAMI , FL 33186 l6.nnual ReDorts ReporlYear Filed Date 2012 04/04/2012 2013 04/08/2013 2014 02/24/2014 Document Imanes 02/24/2014 --ANNUAL REPORT 04/08/2013 --ANNUAL REPORT 04/04/201 2 --ANNUAL REPORT 02/16/2011 --ANNUAL REPORT 04/07/2010 --ANNUAL REPORT 03/28/2009 --ANNUAL REPORT 03/14/2008 --ANNUAL REPORT 04/12/2007 --ANNUAL REPORT 04/17/2006 --ANNUAL REPORT 01/10/2005 --ANNUAL REPORT 01/20/2004 --ANNUAL REPORT 02/03/2003 --ANNUAL REPORT 02/20/2002 --ANNUAL REPORT 02/08/2001 --ANNUAL REPORT 05/17/2000 --ANNUAL REPORT 02/18/1999 --ANNUAL REPORT 04/10/1998 --ANNUAL REPORT 06/04/1997 --ANNUAL REPORT 03/29/1996 --ANNUAL REPORT 05/01/199 5 --ANNUAL REPORT 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 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 C,:)O/{t'J,·t .: j ad pr'~dC , PO'IC''';:S S:at: :.1 F:0r~d~ D~partr11en'. ,)' State Page 20f3 http ://search.sunbiz.orgllnquiry /CorporationSearch/SearchResultDetail ?inq... 412312015 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# K33820 Entity Name: CORELAND CONSTRUCTION CORP. Current Principal Place of Business: 12301 SW 128 COURT 11107 MIAMI, FL 33188 Current Mailing Address: 12301 SW 128 COURT #107 MIAMI, FL 33186 US FEI Number: 65.0073665 Name and Address of Current Registered Agent: HERNANDEZ, NESTOR J 12301 SW 128 COURT 11107 MIAMI, FL 33188 US FILED Feb 24, 2014 Secretary of State CC8559227287 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changIng its registered offic9 Of registered agent. or both, in the State of Florida. SIGNATURE: -E-~-ct-r-on-lc-s-19-M--tu-m-O-f-Re-g-.-~-roo~A-g-.n-I----------------------------------------~Da~I-.--- Officer/Director Detail : Titl. Name Address VSD HERNANDEZ,NESTORJ 12301 SW 128 COURT,III07 Clty-Slele-Zlp: MIAMI FL 33188 Tille Name Address PTD HERNANDEZ, MONICA 12301 SWI28COURT,#107 City-Slete-Z1p: MIAMI FL 33188 I hflfflby certify tllllt the Information 1nd/ca/rHl on this report or supp/&menlaJ reporl Is true and accurate and that my e/twtronic; ~~ shaR haV& the 58f111i /egBf eff&ct as if mBrIe under oafh;lhat I aman oIflCOfOfdfmctDroflhB ~ Of the recttlverorfnJllee fJ~W8lIId 10 e!t8ClJfs thfs mport 8& Rlqu/feQ tlyCh~' M7, FIotkJiJ Stslute&; 8fIdt~ my I18f11e appears above, or on sn alt&chmffflt with flU other Nke empowered. SIGNATURE: MONICA HERNANDEZ PRES. 02124/2014 Electronic Signature of Slgnk1g Officer/Director Oelall Dale