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Res No 134-15-14473RESOLUTION NO.:134-15-14473 A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc,Inc.for SW 43rd Street Sidewalk Improvement. WHEREAS,the Mayor and City Commission wish to provide sidewalk repair to within the City,and WHEREAS,pursuant to a competitive selection process in accordance with the City Charter,itwas determined that Maggolc,Inc.submitted a quote in the amount of $6,882 that was the most comprehensive and cost effective inits construction approach;and WHEREAS,the City desires toprovidea contingency of $1,100 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 $7,982;and WHEREAS,the Mayor and City Commission desire to authorize the City Manager to ate and enter into a contract with I fora total amount not to exceed $7,982 negotiate and enter into a contract with Maggolc,Inc.for SW 43rd Street Sidewalk Improvement NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized to negotiate the price,terms and conditions and to execute a contract with Maggolc,Inc.for SW 43rd Street Sidewalk Improvement foran amount not to exceed $6,882,andheis authorized to expend up to $1,100 for unforeseen conditions.A copy of the approved form of contract is attached and the City Manager may negotiate a lower priceand more advantageous terms and conditions if approved by the City Attorney. Section 2:The expenditure shallbe charged $7,982 to the People's Transportation Plan TaxFund account number 124-1730-541-6490,which has a balance of $1,570,313,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 bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this resolution. Res No.134-15-14473 Section 4.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day ofSeptember 2015. ATTEST: QkzO>> CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE,L0G*(lJTY AND EXEClffKJN THEREOF APPROVED: COMMISSION VOTE:4-' Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 4-0 Yea absent Yea Yea Yea WkAhSoutfrMiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor &Members of the CityCommission Steven Alexander,City Manager September 1,2015 AgendaItem No.:iL Subject:A Resolution authorizing the City Manager to negotiate and enter intoa contract with Maggolc,Inc.for SW 43rd Street Sidewalk Improvement* Background:In an effort to address public safety concerns,itis the City's intent to perform sidewalk repairs to eliminate tripping hazards.This project is to repair uplifted sidewalkat6295 SW 43rd Street Theupliftis due to the root growthofa tree The City received three quotes in response to an ITQ solicitation.Pursuant to review,it was determined that Maggolc,Inc.is the most responsive and responsible contractor for this solicitation.Below are the quotes received: Amount: Account: Contractor Bid Price Maggolc Inc.$6,882.00 The Combined Group $7,408.00 Ram-Tech Construction,Inc.$26,516.87 A contingency amount of $1,100 will beincludedover the proposal amount to address forunknown factors that mayariseduring the work. Amount hot to exceed $7,982 The expenditureshallbecharged$7,982to People's TransportationPlan Tax Fund account number 124-1730-541-6490,which hasa balance of $1,570>313, before this request was made. Attachments:Resolution Bid Opening Report ITQ Maggolc,Inc.Quote Contract .s******^ BID OPENING REPORT Bids were opened on:Monday.August 17.2015 after:10:00am For:ITO fl PW 2015-24 -43 St.Road.Drainage &Sidewalk COMPANIES THAT SUBMITTED PROPOSALS: 1.MAGGOLC,rNC 2.RAM-TECH CONSTRUCTION,INC. 3.THE COMBINED GROUP AMOUNT; 4 bf?ef° THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:Af4ft4,M ftffnetfdt Print Name <?£ Witness Witness Print Name ^~1 \' Print Name r£zQ -v .'* South'*Miami im tnv o^ritMANf uviw; SUBMITTED TO:CityClerk NAME: ADDRESS: CITY/STATE: PHONE: NON-MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10 AMontheduedatewillnotbeacceptedunlessotherwisespecifiedinthequotedocument ofatimechange.AllquoteswillbesubmittedtotheCityClerks Office Inasealedenvelope.Thelabelontheonthe envelope needs to read asfollows: Cityof South Miami MariaM.Menendei,CMC 6130 Sunset Drive South Miami,Fl.33143 Project Name:43 St.Road,Drainage &Sidewalk Improvements Must Input projectname.Iflabeldoesnothaveallinformationaboveyourquotewillnotbeaccepted. INSURANCE REQUIREMENTS: The CITY'S Insurance requirements are attached (Exhibit1).Asaconditionofaward,theawardedvendormustprovidea certificate of insurance naming the cityas additional Insured. AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 2) Respondents must complete andsubmitwithyour quote affidavitsprovidedinExhibit2. CONTRACTS REQUIRED WITH SUBMITTAL:(Exhibit 3.4.&5) Respondents must complete and submit withyour quote.Exhibit 3,4,&S. QUESTIONS: AnyRequestsforadditionalinformationorquestionsmustbein writing,emailedby10AM local time on August 10,2015 tothe attentionofMr.Steven Kulick,Purchasing Manager at skulick@isouthmlamifl.gov. SCOPEOFSERVICES DESCRIPTION:(TOBECOMPLETEDBY OTV) Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-6339 CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ8PW2015-24 LUMPSUM PROPOSAL PROJECT: 43St.Road,Drainage &Sidewalk Improvements Thursday,August 6,2015 at10AM A00RESS:6130 Sunset Drive CITY/STATE:South Miami,Fl 33143 ISSUE DATE:Wednesday,July 29,2015 E-MAIL:skulick@isoutrimiamlfl.Eov. DUE DATE:Monday,August 17,201S at 10 AM REFER TO"SCOPEOF SERVICES,"COPY ATTACHED Bidswillonly be accepted that Include quotationsduringregular workinghours. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Qty Amount Refer to "Scone of Services."and Plan Codv Attached tmmtm AjAtM.01' 1 LUMP SUM PROPOSAL Note:Respondents shall Complete andSubmit the "Schedule ofValues" Included with the ScopeofServices. '*LUMP SUM'TOTAL mmmm: Contractorshallfurnishallmaterialsandequipmentnecessarytosecurecompletionofthework.Contractorshallbe compensatedaccordingtothequotesubmitted.Contractoris responsible tosecureallpermitsandshouldbereflected inthe Lump Sumquote.Contractormaychoosetosubmitaquoteoncompanyletterheadbutmustbeattachedtothisform. Non-Mandatory Pre-Quote MeetingIs scheduled August6,2015 at10AMat City Hall Chambers,6130Sunset Drive, South Miami,FL 33143, Print/Type Name Signature: E-mail: Firm Name: Addreaa: THE EXECUTION OF TUB EOIIM CONSTITUTES THE UNEQUIVOCAL OFFER Of PROPOSER TO 8E SOUKI3 If THeYeRMS Of ITS PROPOSAL FAILURE TO SIGN THIS SOLICITATION WHERE INDICATES ABOVE BY AN AUTHOW2ED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE.THE OTV MAY,HOWEVER,IN ITS SOU DISCRETION,ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY •INDS THE PROPOSE RTO THE TERMS Of ITS OFFER.THE OTTS REQUEST FOR QUOTES IS FOR THE LOWEST ANO MOST RESPONSIVE PRKE.THE CTTf RESERVES THE RI6HT TO AWARO THE PMUln TO THE FIRM CONSIDERED THE REST TO SERVE THE OTTS INTEREST. 33 4F^^ 'State:^g /_ Scope of Services I.Scope of Work: Scopeof work involvesperformingroad,drainageandsidewalkimprovementswithin the Cityof South Miami.Work shallcomplywithapplicablestandards,includingbut not limited to the FDOT and the Miami Dade County Public Works standards.Work covered under this contract shallalso include andis not limited to maintenance oftraffic,concrete sidewalk,andclearingandgrubbing. The construction is to be performed perspecificationsand the construction documents of Proposed Sidewalk Repair,prepared byC.H.Perezand Associates ConsultingEngineers.This includes,but is not limitedto,the furnishingofalllabor,material,tools,equipment machinery, disposalofallmaterials,superintendence and services necessary for the completion of the construction of the project. The awarded vendor must obtain any permits required.The City willwaiveallCity permit fees. Permits that maybe required by other agencieswillbe the responsibility of the awarded vendor, including applicable fees. Work activityislimitedtothehoursfrom7:00a.m.through6:00p.m.,onweekdaysfrom Monday through Friday. II.Site Locations: Repair uplifted sidewalkat6295SW 43rd Street duetothe root growthofa protected species tree. III.Plans and Specifications PlanspreparedbyC.H.PerezandAssociatesConsulting Engineers,Inc. IV.Project Duration Thecurrentestimatetocompleteconstructionoftheprojectis20calendar days to final completion from issuance of Notice to Proceed. V.Project Funding Thisprojectis funded through Miami-Dade County's People TransportationTax Funds. VI.Warranty: If equipment is being provided,the standard manufacturer's warranty information mustbe provided in writing for all equipment being proposed,including installation byan authorized dealer before final payment ismade. MOBILIZATION MAINTENANCE OF TRAFFIC SIGNS,WORK ZONE BARRICADE (TEMP)(TYPE I.II.VP,DRUM OR LCD) BARRICADE (TEMP)(TYPE III)fjg CLEARING AND GRUBBING PREPARED SOIL LAYER,FINISH SOIL LAYER,6" CONCRETE SIDEWALK.4"THICK REINFORCED CONCRETE SIDEWALK,6"THICK CONCRETE DRIVEWAYS,6"THICK RBNFORCED CONCRETE DRIVEWAYS,6"THICK PERFORMANCE TURF,SOD CITY OF SOUTH MIAMI Proposed Sidewalk Repair at 6295 SW 43rd Street Schedule of Values LS LS ED ED ED AC SY SY SY SY SY SY TOTAL .- 0.022 21 ZOfO&5 ?& 440. 23 11 58 xr /££! /&& 7<£iT iL ijjLcm. 6J&-&&- u. Sou#Miami THE OTY OF PLEASANT UVING ADDENDUM No.#1 ProjectName:43St.Drainage&Sidewalk Improvements ITQNO.PW20I5-24 Date:August 6,2015 Sent:Fax/E-mail/webpage Thisaddendum submission isissuedto clarify,supplementand/or modify the previously issued Solicitation,andis hereby madepartof the Documents.All requirements ofthe Documents not modified herein shall remainin full forceandeffectas originally set forth.It shall bethe sole responsibility of the biddertosecure Addendums that may be issued fora specific solicitation. 1.Is there abudgetamountforthisproject? RESPONSE: No,theCity'sAdopted Budget for FY 2014 -2015 doesnotincludealineitem amount forthis project as indicated intheScopeof Services. 2.Isa Bid Bond or PerformanceBondrequired? RESPONSE: No,a Bid/Proposal Bond ora Performance Bond isnot required. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATI Page1 of 1 EXHIBIT I Insurance &Indemnification Requirements 1.01 Insurance A.Without limitingits liability,the contractor,consultant or consulting firm (hereinafter referred to as "FIRM"withregard to InsuranceandIndemnification requirements)shallbe required to procure and maintainatits own expense during the life of the Contract,insurance of the types andin the minimum amounts statedbelowaswill protect the FIRM,fromclaimswhichmayarise out of orresultfrom the contract or the performance of the contract with the City of South Miami,whether suchclaimisagainst the FIRM orany sub-contractor,orbyanyonedirectlyorindirectly employed byanyof them orby anyonefor whose actsany of them maybe liable. B.Noinsurancerequiredby the CITY shall beissuedor written byasurpluslinescarrierunless authorized in writing by the CITY andsuch authorization shallbeat the CITY's soleand absolute discretion.The FIRM shall purchaseinsurancefromandshallmaintain the insurancewitha company or companies lawfully authorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as will protect the FIRM,ataminimum,from all claimsas set forth below whichmayarise out of or result fromthe FIRM's operationsunderthe Contract andforwhichthe FIRM maybe legally liable,whether suchoperationsbeby the FIRM orbyaSubcontractororbyanyonedirectlyorindirectly employed by any of them,orbyanyoneforwhoseactsanyofthemmaybe liable:(a)claimsunder workers' compensation,disability benefit and other similar employee benefit actswhichare applicable to the Work tobeperformed;(b)claimsfor damages because of bodilyinjury,occupationalsicknessordisease,or deathofthe FIRM's employees;(c)claims for damages becauseofbodilyinjury,sicknessordisease,or deathofanyperson other thanthe FIRM's employees;(d)claimsfor damages insuredby usual personal injury liability coverage;(e)claimsfor damages,other thantothe Work itself,becauseofinjury to or destructionof tangible property,including lossofuseresultingthere from;(f)claims for damages because ofbodily injury,deathofapersonorproperty damage arising out ofownership,maintenanceoruseofa motor vehicle;(g)claims forbodilyinjuryorproperty damage arising outofcompletedoperations;and (h)claims involving contractual liability insurance applicable tothe FIRM's obligations undertheContract. 1.02 Firm's Insurance Generally.The FIRM shall provideand maintain inforceandeffectuntil all the Work to beperformedunderthisContracthasbeencompletedandacceptedbyCITY(orforsuch duration asisotherwise specified hereinafter),theinsurancecoveragewrittenon Florida approvedformsandassetforthbelow: 1.03 Workers'Compensation Insurance atthestatutoryamountasto all employeesin compliance withthe "Workers'Compensation Law"oftheStateof Florida including Chapter440,Florida Statutes,as presently written or hereafter amended,and all applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthe statutory coverage amountThe FIRM shall further insure that all ofits Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance withbroadformendorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability ofinterestwith cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit peroccurrenceand $2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000per person; •Property Damage:$500,000 eachoccurrence; I 05 Umbrella Commercial Comprehensive General Liability insurance shall bewrittenona Florida approved form withthe same coverage asthe primary insurance policy but in the amount of$1,000,000 per claim and $2,000,000 Annual Aggregate.Coveragemustbeaffordedonaformnomorerestrictivethanthelatesteditionof the Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include: (a)Premisesand Operation (b)Independent Contractors (c)Productsand/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadFormProperty Damage (f)Broad Form Contractual Coverage applicable tothis specific Contract including any hold harmless and/orindemnification agreement. (g)Personal Injury CoveragewithEmployeeandContractual Exclusions removed,withminimumlimitsof coverageequaltothoserequiredfor Bodily Injury Liability andProperty Damage Liability. 1.06 Business Automobile Liability withminimum limits ofOne Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella peroccurrence combined single limitfor Bodily Injury Liability andPropertyDamage Liability.Umbrellacoveragemustbeaffordedonaformnomorerestrictivethan thelatesteditionofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththe state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS:The FIRM agreesthatifanypartofthe Work under the Contract issublet,the subcontract shall contain the sameinsuranceprovisionassetforthinsection 5.1 aboveand5.4belowand substitutingthewordSubcontractorforthe word FIRM andsubstitutingtheword FIRM forCITYwhere applicable. 1.08 Fire andExtendedCoverage Insurance (Builders'Risk).IF APPLICABLE: A.In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withanInsurance Company orInsuranceCompaniesacceptable to the CITY,"Broad"form/All RiskInsuranceon buildings and structures,including Vandalism &Malicious Mischiefcoverage,whilein the courseof construction,including foundations,additions,attachmentsand all permanentfixturesbelonging to andconstitutingapartofsaidbuildingsorstructures.Thepolicyorpolicies shall alsocover machinery,if the cost ofmachineryisincludedinthe Contract orifthemachineryislocatedinabuilding that isbeing renovated byreasonofthis contract The amount ofinsurance must at all times,beatleast equal to the replacement and actual cashvalueoftheinsuredproperty.The policy shall bein the nameof theCITYandthe CONTRACTOR,astheirinterestmay appear,and shall alsocovertheinterestsof all Subcontractors performing Work. B.All of the provisions set forthinSection5.4hereinbelow shall applytothiscoverageunlessitwouldbe clearly not applicable. 1.09 Miscellaneous: A.Ifany notice of cancellation of insuranceorchangeincoverageisissuedby the insurance company or shouldanyinsurancehaveanexpirationdate that will occur during the periodofthis contract the FIRM shall be responsible forsecuring other acceptableinsuranceprior to suchcancellation,change,or expiration soas to provide continuous coverageasspecifiedinthis section andsoas to maintain coverageduring the life of this Contract. B.Alldeductibles must bedeclaredby the FIRM and must beapprovedby the CITY.At theoptionof the CITY,either the FIRM shall eliminate or reducesuchdeductibleor the FIRM shall procureaBond,ina formsatisfactory to the CITY covering the same. C.The policies shall containwaiverofsubrogation against CITYwhere applicable,shall expresslyprovide thatsuchpolicy or policiesareprimaryoverany other collectibleinsurancethatCITYmayhave.The CITYreservestherightatanytimetorequestacopyoftherequiredpoliciesforreview.All policies shall containa"severabilityof interest"or"cross liability"clause without obligation forpremium paymentoftheCITYaswellas contractual liability provision covering theContractorsdutyto indemnify the Cityasprovidedinthis Agreement. D.Beforestarting the Work,the FIRM shall delivertotheCITYand CONSULTANT certificatesofsuch insurance,acceptabletotheCITY,aswellastheinsurancebinder,if one isissued,theinsurance policy, including thedeclaration page and all applicable endorsements andprovide the name,addressand telephonenumberofthe insurance agentorbrokerthroughwhomthe policy was obtained.Theinsurer shall berated AVII orbetterper AM.Best'sKey Rating Guide,latesteditionandauthorizedtoissue insurancein the Stateof Florida.Allinsurance policies mustbewrittenonformsapprovedbytheState of Florida andtheymust remain in full forceandeffectforthedurationofthecontractperiodwiththe CITY.The FIRM maybe required bythe CITY,atitssole discretion,toprovidea "certified copy"ofthe Policy (as definedinArticle I ofthisdocument)which shall includethe declaration page and all required endorsements.Inaddition,the FIRM shall deliver,atthetimeofdeliveryof the insurancecertificate,the following endorsements: (1)a policy provisionoran endorsement with substantially similar provisions as follows: "TheCityofSouth Miami isan additional insured.Theinsurer shall pay all sumsthattheCityof South Miami becomes legally obligated topayas damages becauseof 'bodily injury",'property damage',or"personaland advertising injury"anditwillprovidetotheCity all ofthecoverage thatistypicallyprovidedunderthe standard Florida approvedformsforcommercialgeneral liability coverageAandcoverage B"; (2)a policy provision oranendorsementwith substantially similar provisions as follows: "Thispolicy shall notbe cancelled (including cancellation fornon-paymentofpremium), terminatedor materially modifiedwithoutfirst giving theCityofSouth Miami ten (10)days advanced writtennoticeoftheintentto materially modifythepolicyorto cancel orterminate thepolicyforanyreason.The notification shall be delivered totheCitybycertified mail,with proofofdeliverytotheCity." E.Ifthe FIRM is providing professional services,such aswouldbe provided byanarchitect engineer, attorney,or accountant tonameafew,theninsuch event andinadditiontotheaboverequirements, the FIRM shall alsoprovide Professional Liability Insurance ona Florida approved formintheamountof $1,000,000 with deductible per claim if any,nottoexceed 5%ofthe limit of liability providing for all sumswhichthe FIRM shall become legally obligated to pay as damages for claims arising outofthe services orwork performed bythe FIRM its agents,representatives,Sub Contractors or assigns,orby anypersonemployedorretainedbyhiminconnectionwiththis Agreement This insurance shall be maintained for four years after completion ofthe construction and acceptance of any Project covered by this Agreement.However,the FIRM may purchase Specific Project Professional Liability Insurance,in the amount and undertheterms specified above,which is also acceptable.No insurance shall be issued bya surplus lines carrier unless authorized in writing bythecityatthecity's sole,absolute and unfettered discretion. Indemnification Requirement A.The Contractor accepts and voluntarily incurs all risks of any injuries,damages,or harm which might arise during theworkoreventthatis occurring onthe CITY's property due tothe negligence orother fault ofthe ContractororanyoneactingthroughoronbehalfoftheContractor. B.The Contractor shall indemnify,defend,save and hold CITY,its officers,affiliates,employees, successors and assigns,harmless from any and all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcost and expenses,including reasonable attorney's fees,paralegal fees and investigative costs incidental thereto and incurred prior to,during or following any litigation,mediation,arbitration and at all appellate levels,which may be suffered by,or accrued against charged toor recoverable from the City of South Miami,its officers,affiliates,employees,successors and assigns,by reason of any causes of actions or claim of any kind or nature,including claims for injury to,or death of any person or persons and for the loss or damage to any property arising outofa negligent error,omission,misconduct,or any gross negligence,intentional actor harmful conduct ofthe Contractor,its contractor/subcontractor or any of their officers,directors,agents,representatives, employees,or assigns,or anyone acting through or on behalf of any of them,arising outof this Agreement incident toitor resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. C.The Contractor shall pay all claims,losses and expenses of any kind or nature whatsoever,in connection therewith,including the expense or loss of the CITY and/or its affected officers,affiliates,employees, successors and assigns,including their attorney's fees,in the defense of any action in law or equity brought against them and arising from the negligent error,omission,or act ofthe Contractor,its Sub-Contractor or any of their agents,representatives,employees,or assigns,and/or arising out of,or incident to,this Agreement or incident to or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. D.The Contractor agrees and recognizes that neither the CITY nor its officers,affiliates,employees, successors and assigns shall be held liable or responsible for any claims,including the costs and expenses of defending such claims which may result from or arise outof actions or omissions ofthe Contractor,its contractor/subcontractor or any oftheir agents,representatives,employees,or assigns,or anyone acting through or on behalf ofthe them,and arising outofor concerning the work or event that is occurring on the CITY's property.In reviewing,approving or rejecting any submissions or acts of the Contractor,CITY in no way assumes or shares responsibility or liability for the acts or omissions ofthe 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 attorney or law firm approved by the City of South Miami,which approval will notbe unreasonably withheld. F.However,as to design professional contracts,and pursuant to Section 725.08 (I),Florida Statutes, none ofthe provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility ofthe design professional concerning indemnification.Thus, the design professional's obligations as tothe City and its agencies,as well as to its officers and employees,is to indemnify and hold them harmless from liabilities,damages,losses,and costs,including,but not limited to, reasonable attorneys'fees,totheextent caused by the negligence,recklessness,or intentionally wrongful conduct ofthe design professional and other persons employed or utilized by the design professional in the performance of the contract. EXHIBIT 2 INVITATION TO QUOTE AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS Thislisting indicates the forms and documents required to be submitted forthis solicitation and to be presented by the deadline set forwithin the solicitation.Fulfillmentofall solicitation requirements listedis mandatory for consideration of response to the solicitation.Additional documents maybe required and,ifso,they willbeidentifiedinan addendum to this ITQ.The response shallinclude the followingitems: 1.Non-Collusion Affidavit 2.PublicEntity Crimes andConflictsof Interest 3.Drug Free Workplace 4.Acknowledgement of Conformance withOSHA Standards 5.FederalandState Vendor Listing 6.Related Party Transaction VerificationForm 7.Presentation Team Declaration/Affidavit ofRepresentation 8.Signed Contract Document (All-including GeneralConditionsand Supplementary Conditions if attached.EXHIBIT 3 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE (I.) (2) (3) (*) (5) MIAMUpADE •)/••• f /rf7t't0 Lr(/4/l+*fg^eing first duly sworn,deposes and states that: He/She/They is/are the. (Owner,Partner,Officer,Representative or Agent)of attachedProposal; theRespondentthathas submitted the He/She/They is/are fully Informed concerning the preparation and contents ofthe attached Proposal and of ail pertinent circumstances concerning such Proposal; Such Proposal is genuine and isnota collusive or sham Proposal; Neither the said Respondent nor any ofits officers,partners,owners,agents,representatives, employees or parties in interest,including this affiant,have in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Respondent,firm,orpersonto submit a collusive or sham Proposal in connection withtheWorkfor which the attached Proposal has been submitted;or to refrain from Bidding or proposing in connection with such Work;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Respondent firm,or person to fix any overhead,profit or cost elements of the Proposal orof any other Respondent,orto fix any overhead,profit,orcost elements ofthe Proposal Price orthe Proposal Price of any other Respondent ortosecure through any coRusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),or any person interested inthe proposed Work; The price or prices quoted inthe attached Proposal are fair and proper and arenot tainted by any collusion,conspiracy,connivance,or unlawful agreement onthepartofthe Respondent or any other of its agents,representatives,owners,employees or parties ofintpf&Jfc,incljfflifc this affiant. Signed,sealed anddelivered in thepresenceof: STATE OF FLORIDA COUNTY OF MIAMI-DADE Signatur Wuo'\w&d^wwdti$¥r Print Name and Title Date ACKNOWLEDGEMENT ) ) ) On this^he //day of r/i/^t/J'T .20 /£».before me,the undersigned Notary Public of the State of Florida,personallyappeared (Name(s)of individuals)whoappearedbefore 16 .tard rf/http lppvz&/i>z thin instrument,and he/she/they acknowledge that he/she/ not within Uje/she/they acknowledge that he/she/they execui WITNESSmyhandand official seal. name(s)Js/are Subscribed tothe NOTARY PUBLIC- SEAL OF OFFICE: YUNCWY SAftACALOOCAAALlERO gj MY COMMISSION #FF809996 EXPIRE8 July 14,2019 17 Nof/r^PubJic^Stete of F|< cifrrtot,ie of Notary Public:VFrmt,Stamp ortype as commUrioned.) f Personally knowntome,or Personalidentification: >4?i#l&foQ Type of Identification Produced ^"Did take an oath,or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following aconviction for a public entity crime may not submit a Proposal or bid ona Contract to provide any goods or services toa public entity,may not submit a Bid or proposal for a Contract with a public entity for the construction of repair ofa public building or public work,may not submit bids or proposals on leases or real property toa public entity,may not be awarded to perform Work as a RESPONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant under a Contract with any public entity,and way not transact business with any public entity in excess ofthe threshold amount Category TWo of Section 287.017.Rorida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112,Rorida State Statutes. Respondents must disclose with their Proposals,the name of any officer,director,partner,associate or agent who is also an officer or employee ofthe City of South Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PLJBIAC PMTITY rRIMPS THIS FORM MUSTBESIGNED AND SWORN TOINTHE PRESENCE OFANOTARY PUBLIC OROTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to fnrint nam#»Af rhrf ruihltr mifiWI ' *>y_ for ^/[print name/of th/public entity] [print individjyd^name and titjely [print name ofentity submitting sworn statement] whose business address is //£'<?Z?-p^t-3 £SZ *G~T and (if applicable)its Federal Employer Identification Number fFEINl is2£~33¥£m;?7S (If the entityhasno FEIN,include the Social SecurityNumberofthe individual signing thisswornstatement _——-;-)' 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes. meansa violation ofanystateor federal lawbyapersonwithrespectto and directlyrelatedtothe transaction of business with any public entity or with an agency or political subdivision of any other state orof the United States,including,butnot limited to,any bid,proposal or contract for goods or services tobe provided toany public entityoran agency or political subdivision ofanyotherstateorofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b).Florida Statutes,meansa finding of guiltora conviction ofa public entity crime,withor without an adjudication of guilt,in any federal orstatetrialcourtofrecord relating to charges broughtbyindictmentor information after July I,1989,asaresultofajury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understandthatan "affiliate"as defined in Paragraph 287.133 (I)(a),Florida Statutes,means: (a)Apredecessororsuccessorofapersonconvictedofapublicentitycrime;or (b)An entity underthecontrolofany natural personwhois active inthe management oftheentity andwhohasbeen convicted ofa public entity crime.Theterm "affiliate"includes those officers, 18 directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate.The ownership by one person of shares constituting acontrolling interest in any person,ora pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted ofa public entity crime in Florida during the preceding 36 months shall be considered anaffiliate. 5.I understand that a "person"as defined in Paragraph 287.133 (1)(e),Florida Sfamitnt.means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,and agents who are active in management of an entity. 6.Based on Information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement.[Indicate which statement applies.] Neither the entity submitting this sworn statement,nor any ofits officers,directors,executives,partners,shareholders,employees,members,or agents who are active in the management of the entity! nor any affiliate of the entity has been charged with and convicted ofa public entity crime subsequent to July I,1989. _The entity submitting this sworn statement,or one or more ofits officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity! or an affiliate of the entity has been charged with and convicted of apublic 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 ?r I2J?""*°***Cntlty hM ^^Charged ^and convlcted of aPub,lc entitX crim<*subsequent of \uWI,1989.However,there has been a subsequent proceeding before a Hearing Officer of the State of Rorida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer ctetermined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list,[attach a copy of the final order.] !^S£S£v£^LJX^101611""THIS **"TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITYINDENTIREOINPARAGRAPHI(ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY*AND ^^wnnit THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTOy THRESHOLD AMOUNT PROVIDED IN SECTION 287.017.FLOMDA STATUtk ftm CHANGE IN THE INFORMATION CONTAINED IN THIS FORM ;THIS FORM ISVAUD fAND THAT I AM INEXCESSOFTHE SORY TWO OF ANY Sworn to and subscribed before me this /f day of ^^%/^qTf Personally known X ^20/S OR Produced identification (Typeof identification) Form PUR 7068 (Rev.06ft]/92) ,jtf$fek VUNEttY 8ARACALOOCA0AUERO CAB MYCOMMI88ION#rT8»896 '^WB^EXPIRES July 14.2019 «407,MI4'.Sa ************* 19 7£Notary Public -State of m My commission expires •&^/(f /*r/P&// (Printed,typed or stamped commissi/ned nameofnotary public) DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price,quality and service are received bythe State or by any political subdivisions for the procurement of commodities or contractual services,a Bid or Proposal received from a business that certifies that It has implemented adrug-free workplace program shall be given preference in the award process.Established procedures for processing tie Bids or Proposals shall be followed if none ofthe tied vendors have adrug-free workplace program.In order to have a drug-free workplace program,abusiness shall: 1)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or use ofa 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 business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3)Give each employee engaged in providing the commodities or contractual services thatare under Bid a copy ofthe statement specified in Subsection (I). 4)In the statement specified in Subsection (I),notify the employees,that,as a condition of working ofthe commodities or contractual services that are under Bid,he employee shall abide bythe terms of the statement and shall notify the employee of any conviction of,or plea of guilty or note contendere to,any violation of Chapter 893 orof any controlled substance law ofthe United States or any state,for aviolation occurring in the workplace no later than five (5)business days after such conviction. 5)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program,ifsuch isavailable in the employee's community,by any employee whois so convicted./7 /*} 6)Make agoodiaitraeiforvtcycontinue to maintain adrug-free workplace through implementation ofthis section.\I // As the person authorized to sign trte sto&feelit,Icertify that this firm complies fully with the above requirements. RESPONDENTS Si| Print Name; Date: ENTs Signature:V^h 1/^_ 20 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS Mango Terrace Neighborhood Traffic Calming Improvements RFP#PW-20IS-20 TOTHE CITY OFSOUTH MIAMI CONTRACTOR^mIt ii^?of CONTRACTOR),hereby acknowledge and agree that a,MecwShS2.«i?TJ'T"*Ne,*h,»°»*«»°«»Traffic Calming Improvements protect asZTSfZ*^TtSFTf!**^"^tence with all the requirements of the Federal OccuStonalSfetyhUSamSiHi!***"*J?*"**™*heal*regulations and agree to tndemn^d MdS^£LS^i^th^aml a"d ^UnB/HJ-R<^(ConsultanU)aga^stanyandal«llLity,cSms to comply with such actor regulation. CONTRACTOR /^fo^/)^,J>fe BY: Name /7^^P 0>P*>Z4>k Title 21 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person,or entity,who is responding to the City's solicitation,hereinafter referred to as "Respondent",must certify that the Respondent's name Does Not appear on the State ofFlorida,Department ofManagement Services, "CONVICTED,SUSPENDED,DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings"summarized below,Respondents must "Check if Applies"next totheapplicable "Usting."The "Ustings"can be accessed through the following link tothe Florida Department ofManagementServiceswebsite: httP?//VTW,dmS.rnyflori<fa,CQm/business operations/state purchasing/vendorjnformation/convicted jc^p ended discriminatory complaint*vendor lists -IPJ A /AWC}£2feV?H UNdER PENALTY OF PERJURYVt/l'^l/MY0/fo&e\Mfrzr referred to as the "Declarant")state,under penalty of perjury, thatthe folCowing statements are true andcorrect: (1)I representtheRespondentwhosename (2)I have the following relationship with the sole prciprletor),President (if Respondent is a corporation)Partner (If Respondent is a partnership),General Partner (If Respondent isa Umited Partnership)or Managing Member>(if Respondent is a Limited Liability Company). (3)I have reviewed the Florida Department of Management Services website atthefollowing URL address: http:/Avww.dms.myfloridaxom/business_opera di scrimlnatory_comp!aints_vendorJists "" (4)I have entered anVora check mark beside each listingfcategory set forth below ifthe Respondent's name appears in the list found onthe Florida Department of Management Services website forthat category or listing.IfI did notentera mark beside a listing/category it means that I am attesting tothe feet thatthe Respondent's name does not appear onthe listing forthat category in the Florida Department of Management Services website as of the date of this affidavit Check if Applicable Convicted Vendor List SuspendedVendorList Discriminatory Vendor List Federal Excluded PartiesList Vendor Complaint List ^A /)FURTHER DECLARANT SAYETH NOT./Ta^A .^[fi/)jJ2^/a 7 \4>4jz&/je^ -i i«,w,w w «»ure i*#^«.iaj ani j aiabc*unuci pcuaiLy vi perjury, iRestondent £JLJfiJJ€>JiJ*r rOwner (if Respondent is a ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OFMIAMI-DADE ) frf*«20 /Jt>.before me,the undersigned authority,personally fff£-who is personally know to me orwho provided the and who took an oath or affirme/ftfcat that he/she/they executed the estate of Flfl foregoing Affidavit as the Declarant WITNESS myhandand official seal. NOTARY PUBLIC: SEAL VUN60Y aARACAtOOCAHAUERO ?<H £|MY COMMISSION «FF699tt* EXPIRESJuly 14,2019 t40ni*frOlS3 FfortfrHtti*3«wtCMQn» 22 rafulpic,"State of Flprtti^* ne ofNotary Puplic:Print, >or typeascommissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM CFirm")have Nome ofRepresentative Compatry/VendorlEntity read the City ofSouth Miami ("City'Ts Code of Ethics, Section 8A-I ofthe City's Code ofOrdinances and I hereby certify,under penalty of perjury that to the best ofmy knowledge,informationand belief: (1)neither I northe Firm have any conflict of interest (as defined in section 8A-I)with regard tothe contract or business that I,and/or the Firm,am(are)about to perform for,orto transact with,the City,and (2)neither I nor any employees,officers,directors ofthe Firm,nor anyone who has a financial interest greater than $%In the Firm,has any relative(s),as defined in section 8A-1,who is an employee of the City orwho is(are) an appointed or elected official ofthe City,or who ls(are)a member ofany public body created by the City Commission,#.e.,a board or committee ofthe City,[while the ethics cede still applies,if the person executing this form IS doing so on behalf ofa firm whose stock is publicly traded,the statement in this section (2)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 ofemployees 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 persons-immediate family <ife.,spouse,parents,children,brothers and sisters)has transacted or entered into any contract^)with the City or has a financial interest,direct or indirect,in any business being transactedwiththecity,or^^ar^person or agency acting for the city,other than as follows: Juse (If necessary,use aseparate sheet to supply additional information that will not fit on this line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath),[while the ethics code stiH applies,if the person executing this form is doing so on behalf ofa firm whose stock Is publicly traded,the statement in this section (3)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 those who have a financial interestinthe Firm.];and (4)no elected and/or appointed official or employee of the City of South Miami,or any of their immediate family members (Le.,spouse,parents,children,brothers and sisters)has a financial interest,directly orindirectly,in the contract between you and/or your Firm and the City other than ihe following individuals whose Interest Is set forth following their use a separate names:/£///*-• (if necessary,use a separate sheet to supply additional information that will not fit on this line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members,who own,directly or indirectly,an interest of five percent (SX)or more of the total assets of capital stock in the firm areas follows:-.f j*Mf#- Of pessary,u*aseparate sheet to supply additional information that wHI not fit on this line;however,you must make reference,on 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 executiiig this form is cfoing sow behalf of a fim whose stock ispubliclytraded,the statement in this section (4)shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the financial interest in the Firm of city employees,appointed officials or the immediate family members of elected and/or appointed official or employee.] (5)Iand the Firm further agree not to use or attempt to use any knowledge,property or resource which may come tous thrpiigh our position oftrust,or through our performance ofourduties under the terms ofthe contract with the City,to secure aspecial privilege,benefit,or exemption for ourselves,or others.We agree that we may not disclose or use information,not available to members of the general public,for our personal gain or benefit or for the personal gain or benefit of any other person or business entity,outside ofthe normal min or benefit anticipated through the performance ofthecontract. (6)Iand the Firm hereby acknowledge that we have not contracted or transacted any business with die Cky or any person oragency acting for the City,and that we have not appeared in representation of any third party 23 before any board,commiy ion or agency ofthe City within the past two years other than as **•"*JJ/&(if necessary,use a separate sheet to supply additional Information that wlB not fit on this fine;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath). XAPurchastn^Vendor Regfctration\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I nor any employees,officers,ordirectors ofthe Firm,nor any oftheir Immediate family (Le„as a spouse,son,darter,parent,brother or sister)is related by blood or marriage to:(I)any member ofthe CityCommission;(ii)any,cjty^oloyee;or (Hi)any member of any board or agency of the City other than as follows: u/r fJT (If necessary,use aseparate sheet tp supply additional information that will not fit on this line;however,you must make reference,on 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 ofafirm whose stock is pufej$y traded*die statement in this section (7) 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 by blood or marriage ofemployees,officers,or directors ofthe Firm,or of any ofthefr Immediate family to*ny appointed or elected officials ofthe City,or to their immediate family members], <S)No Other Firm,nor any officers or directors ofthat Other Firm oranyone who has a financial interest greater than 5*in that Other Firm,nor any member of those persons'Immediate famify (U,,spouse,parents,children, brothers and sisters)nor any ofmyimmediate family members (hereinafter referred to as "Related Parties*)has responded to a solicitation bythe City in which I or the Firm that I represent oranyone who hasa financial interest greater than $%in the Firm,or any member of those persons*Immediate family (i.e.spouse,parents,children,brothers and sifters)have also responded,other than the following: .(ifnecessary,use a separate sheet to supply additional information that will not fit onthis line;however,you must mate reference,oh the above line,to the additional sheet arid the additional sheet must be signed under oath), [while the ethics cede still applies,ifthe person executing this form is doing soon behalf ofa firm whose stock is publlcfytra<kd,the statements he/she isnot required to make an independent Investlgttion into die Other Firm,orthe Firm he/she represents,as to thielr officers,directors or anyone having a financial interest in those Firms orany of their any member of those persons*immediate family.] (9)I and die Firm agree that we are obligated to supplement this Verification Form and inform the City of any change hicircumstances that would change our answers to this document Specifically,alter the opening of any responses toa solicitation,I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded tothe same solicitation and to disclose the relationship ofthose partiestomeandthe Firm. (10)A violation ofthe City's Ethics Code,the giving of any false information orthe failure to supplement this Verification Form,may subject meorthe Firm to immediate termination of any agreement with the City,and the imposition ofthe maxwtfliri fine and/or any penalties allowed by law.Additionally,violations may be considered byandsubjecttoAfctionj^yte Miami-Dade County Commission on Ethics.Under penalty of perjury,Ideclare that I have made a wfeent Wfer^scvinvestigate the matters to which I am attesting hereinabove and that the statements made hereina^ve^^fTJeand correct to the best of my knowledge,information and belief. Signature: Print Name ft Tide: Date:mnw#6/0 l£>0+£Z#/6 24 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. This section shallbedesignatedandknownas the "CityofSouth Miami Conflictof Interest and Code of Ethics Ordinance."Thissectionshallbeapplicabletoallcitypersonnelasdefinedbelow,andshallalso constitute a standardofethical conduct andbehaviorforall autonomous personnel,quasi-judicial personnel,advisory personneland departmental personnel.Theprovisionsofthissectionshallbeappliedinacumulativemanner.By wayofexample,and not asalimitation,subsections(c)and(d)maybeapplied to the same contract or transaction. (b)Definitions.For the purposesofthissectionthe following definitions shallbe effective: (1)Theterm"commissionmembers"shall refertothemayorandthemembersofthecitycommission. (2)Theterm"autonomouspersonnel"shall refertothemembersofautonomousauthorities,boardsand agencies, suchasthecitycommunity redevelopment agencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,theenvironmental review* and preservation board,the code enforcement board and such other individuals,boards and agenciesof the cityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothemembersofthosecityadvisoryboardsandagencieswhose soleorprimaryresponsibilityistorecommend legislation or giveadvicetothecity commission. (5)Theterm "departmental personnel"shall refertothecityclerk,thecity manager,department heads,thecity attorney,and all assistantstothecityclerk,city manager andcityattorney,howevertitled. (6)Theterm "employees"shall referto all other personnel employed bythecity. (7)Theterm "compensation"shall refertoany money,gift,favor,thingof value or financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm "controlling financial interest"shall referto ownership,directly or indirectly,often percentormore ofthe outstanding capital stockinanycorporationoradirector indirect interestoftenpercentormoreina firm, partnership,orotherbusinessentityatthetimeof transacting business withthe city. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm "transact any business"shall refertothe purchase or sale bythecityof specific goodsor services for consideration and to submitting a bid,a proposal in responsetoa Solicitation,astatementof qualifications in responsetoarequestbythe city,orenteringintocontract negotiations forthe provision onany goods or services,whichever first occurs. (c)Prohibitionontransactingbusinesswiththecity. No person included intheterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into anycontractortransactany business inwhichthatpersonoramemberofthe immediate family hasa financial interest,director indirect with the city or any person or agency acting forthe city,and any such contract, agreement or business engagement entered inviolationofthissubsectionshall render the transaction voidable. Willful violation ofthis subsection shall constitute malfeasanceinofficeandshallaffect forfeiture ofoffice or position.Nothing in this subsection shall prohibit or make illegal: (1)The payment of taxes,special assessments or fees for services provided by the city government; (2)The purchase of bonds,anticipation notes orother securities that may be issued by the city through underwriters ordirectlyfromtimetotime. Waiver of prohibition.The requirements of this subsection may be waived for a particular transaction only by four affirmative votes ofthe city commission after public hearing upon finding that: (1)An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3)and(4); (2)The proposal has been submitted by a person or firm offering services within the scope ofthe practice of architecture,professional engineering,or registered land surveying,as defined by the laws ofthestate and pursuant tothe provisions ofthe Consultants'Competitive Negotiation Act,and when the proposal has been submitted by a city person defined in paragraphs (b)(2),(3)and (4); (3)The property or services to be involved in the proposed transaction are unique and the city cannot avail itself ofsuchpropertyorserviceswithoutenteringa transaction which wouldviolatethis subsection butfor waiver of its requirements;and (4)Thatthe proposed transaction will be in thebest interest ofthe city. This subsection shall be applicable only to prospective transactions,and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining tothesamesubjectmatter. 25 (d)Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into any contract or transact any business through a firm,corporation,partnership or business entity in which that person or any member of the immediate family has a controlling financial interest,direct or indirect,with the city or any person or agency acting forthe city,and any such contract,agreement or business engagement entered in violation of this subsection shall render the transaction voidable.The remaining provisions 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)(1)shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,or creditor,if in any instance the transaction or matter would affect the person defined in paragraph (b)(l)in a manner distinct from the manner in which it would affect the public generally.Any person included in the term defined in paragraph (b)(I)who has any of the specified relationships or who would or might,directly or indirectly,realize a profit by the action of the city commission shall not vote on or participate inanywayin the matter. (E)Gifts. (l)Defmition.The term "gift"shall refer tothe transfer of anything of economic value,whether in the form of money,service,loan,travel,entertainment,hospitality,item or promise,or in any other form,without adequate and lawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorized by state law; b.Gifts from relatives or members ofone's household,unless the person is a conduit on behalf of a third party to the delivery ofa gift thatis prohibited under paragraph(3); c.Awardsforprofessional or civic achievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.It is also unlawful for any person or entity to offer,give or agree to give to any person included in the terms defined in paragraphs (b)(1)through (6),or for any person included in the terms defined in paragraphs (b)(1)through (6)to accept or agreetoacceptfromanotherpersonorentity,anygiftfororbecauseof: a.An official public action taken,ortobe taken,or which could be taken,or an omission or failure to take a public action; b.A legal duty performed ortobe performed,or which could be performed,or an omission or failure to perform alegalduty; c.A legal duty violated ortobe violated,or which could be violated by any person included in theterm defined in paragraph (b)(1);or d.Attendance orabsencefroma public meeting at which official action istobe taken. (4)Disclosure.Any person included in the term defined in paragraphs (b)(1)through (6)shall disclose any gift,or series of gifts from anyone person or entity,having a value in excess of $25.00.The disclosure shall be made by filing acopyofthe disclosure form required by chapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county and with the Florida Secretary ofState. (f)Compulsory disclosure byemployeesof firms doing business withthecity. Should any person included in theterms defined in paragraphs (b)(1)through (6)be employed by a corporation, firm,partnership or business entity in which that person orthe immediate family does not have a controlling financial interest,and should the corporation,firm,partnership or business entity have substantial business commitments toor from the city or any city agency,orbe subject todirect regulation by the city ora city agency, thenthe person shall file a sworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of official position prohibited. Noperson included in theterms defined in paragraphs (b)(l)through (6)shall corruptly useorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidential information. Noperson included in theterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in any business or professional activity whichone might reasonably expectwouldrequireorinduceoneto disclose confidential information acquired byreasonofan official position,nor shall that person in fact ever disclose confidential information garnered or gained through an 26 official positionwiththecity,norshall that person ever usesuchinformation,directly or indirectly,for personal gain or benefit. (i)Conflicting employment prohibited. Nopersonincludedinthe terms definedinparagraphs (b)(1)through(6)shall accept other employmentwhich wouldimpair independence of judgment inthe performance ofanypublicduties. (j)Prohibition on outside employment. (1)No person includedin the terms definedin paragraphs (b)(6)shallreceiveany compensation for services asan officeroremployeeofthecityfromany source other thanthecity,except asmaybe permitted asfollows: a.Generally prohibited.Nofull-timecityemployeeshallacceptoutsideemployment,either incidental,occasional or otherwise,where citytime,equipment or materialis to beusedor where such employment or anypart thereof is tobe performed oncitytime. b.When permitted.Afull-timecityemployeemay accept incidentaloroccasionaloutsideemploymentsolongas suchemploymentisnotcontrary,detrimentaloradversetothe interest ofthecityoranyofits departments and theapproval required insubparagraphc.isobtained. c.Approval of department headrequired.Anyoutsideemploymentbyany full-time cityemployeemustfirstbe approvedinwritingbytheemployee's department headwho shall maintainacomplete record ofsuch employment d.Penalty.Any personconvictedof violating anyprovisionofthissubsection shall bepunishedasprovidedin section l-l I oftheCodeof Miami-Dade Countyand,in addition shall besubjectto dismissal bythe appointing authority.Thecitymayalsoassess against aviolatora fine nottoexceed$500.00andthecostsof investigation incurredbythecity. (2)Ail full-time city employees engaged in any outside employment forany person,firm,corporationorentity otherthanthe city,oranyofits agencies or instrumentalities,shall file,underoath,an annual report indicating the sourceoftheoutside employment,thenatureofthework being doneandanyamountofmoneyorother consideration received bythe employee from theoutside employment.City employee reports shall be filed with the city clerk.Thereports shall be available ata reasonable time and place for inspection bythe public.The city manager may require monthly reportsfrom individual employees orgroupsof employees forgood cause.. (k)Prohibited investments. No person included in the terms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I)Certain appearances and payment prohibited. (1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall appear before any city board or agency and make a presentation on behalf ofathirdperson with respectto any matter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit sought by the third person.Nor shall the person receive any compensation or gift,directly or indirectly,for services rendered toa third person,who has applied for or is seeking some benefit from the city ora city agency,in connection with the particular benefit sought by the third person.Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor toa party who seeks legal relief from the city ora city agency through the suit in question. (2)No person included in the terms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission or agency on which the person serves,either directly or through an associate,and make a presentation on behalf ofa third person with respect to any matter,license,contract,certificate,ruling,decision, opinion,rate schedule franchise,or other benefit sought by the third person.Nor shall such person receive any compensation or gift,directly or indirectly,for services rendered toa third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party.Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor toa third party who seeks legal relief from the city commission or agency on which such personservesthroughthesuitinquestion. (m)Actions prohibited when financial interestsinvolved. No person included in the terms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest.Afinancial interest is defined in this subsection to include,but not be limited to,any direct or indirect interest in any investment,equity,or debt. (n)Acquiringfinancial interests. No person included in the terms defined in paragraphs (b)(1)through (6)shall acquire a financial interest in a project,business entity or property ata time when the person believes or has reason to believe thatthe financial 27 interest may be directly affected by official actions or by official actions by the city or city agency ofwhich the personisan official,officer or employee. (0)Recommendingprofessionalservices. No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services of any lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist in any transaction involving the city or any of its agencies,provided that a recommendation may properly be made when required tobe made bythe duties of office and in advance ata public meeting attended by other city officials,officers or employees. (p)Continuing applicationaftercityservice. (1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his or her city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial or other proceeding,application,Solicitation,RFQ,bid,request for ruling or other determination,contract,claim,controversy,charge,accusation,arrest or other particular subject matter in which the city oroneof its agencies is a party or has any interest whatever,whether direct or indirect Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application toa city department or agency during the two-year period after his orher service has ceased. (2)The provisions ofthe subsection shall not apply to persons who become employed by governmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,and who lobby on behalf ofthose entities in their official capacities. (3)The provisions of this subsection shall apply to all persons described in paragraph (p)(l)whose city service or employment ceased after the effectivedateof the ordinance fromwhichthis section derives. (4)No person described in paragraph (p)(l)whose city service or employment ceased within two years priorto the effective dateof this ordinance shall fora period oftwo years after his orher service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l)in which thecityoroneofits agencies isapartyorhasanydirectand substantial interest;andin which heorshe participated directly or indirectly through decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,during his orher city service or employment A person participated "directly" whereheorshewas substantially involved inthe particular subjectmatter through decision,approval,disapproval, recommendation,therenderingof advice,investigation,orotherwise,during his or hercityservice or employment.Apersonparticipated "indirectly"whereheorshe knowingly participatedinanywayintheparticular subjectmatterthrough decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityserviceoremployment All personscoveredbythis paragraph shall execute an affidavit onaformapprovedbythecityattorneypriorto lobbying anycity official attestingthatthe requirements ofthissubsectiondonotprecludethepersonfrom lobbying city officials. (5)Anypersonwhoviolatesthissubsectionshallbesubject to thepenaltiesprovidedinsection8A-2(p). (q)City attorney to render opinions on request Whenever anypersonincludedinthetermsdefinedinparagraphs (b)(1)through(6)andparagraph(b)(9)isin doubtastothe proper interpretation orapplicationofthisconflictof interest andcodeofethicsordinance,or whenever anypersonwho renders services to the cityisin doubt astothe applicability ofthe ordinance that person,maysubmittothecity attorney a full written statement ofthefactsandquestions.Thecity attorney shall then render anopiniontosuchpersonandshall publish theseopinions without useofthenameof the person advisedunless the person permits the useofaname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted3-2-99,repealed§§8A-Iand8A-2intheirentiretyandreplaced themwithnew§§ 8A-1 and8A-2.Former§§8A-Iand8A-2 pertained todeclarationofpolicyanddefinitions,respectively,and derivedfromOrd.No.634,§§I (I A-1),I (IA-2)adoptedJan.II,1969. END OF SECTION 28 PRESENTATION TEAM DECLARATION/AFFIDVAIT OFREPRESENTATION This affidavit isnotrequiredfor compliance with the City's Solicitation;however,itmaybeusedto avoid theneedto register membersofyour presentation teamas lobbyists.Pursuantto City Ordinance 28-14- 2206 (c)(9),anypersonwhoappearsasa representative foran individual or firm foranoralpresentation beforea City certification,evaluation,selection,technical review or similar committee,shalllistonan affidavit provided bythe City staff,all individuals who may makea presentation.The affidavit shallbe filed bystaff with the Clerk's office atthetimethe committee's proposal is submitted tothe City Manager.Forthepurposeofthissubsection only,thelistedmembersofthepresentationteam,with theexceptionofanypersonotherwiserequiredtoregisterasa lobbyist,shallnotberequiredtopayany registration fees.No person shall appearbeforeanycommitteeonbehalfofananyoneunlessheorshe hasbeenlistedaspartof the firm'spresentationteampursuanttothisparagraphorunlessheorsheis registeredwiththe City Clerk's office asa lobbyist andhaspaidall applicable lobbyist registrationfees. Pursuant to '92.525(2),Florida Statutes,the undersigned,/r^t^Y^Tmaies the following declaration under penalty of perjury: Listed below areallindividuals who maymakea presentation on behalf ofthe entity that the affiant represents.Pleasenote;Nopersonshallappear before any committee onbehalf of anyone unlesshe orshehasbeenlistedaspartof the firm's presentation team pursuant to thisparagraphorunlesshe orsheis registered with the Clerk's office asa lobbyist andhaspaidallapplicable lobbyist registration fees. NAME ^.TITLE For the purposeofthis Affidavit ofRepresentationonly,the listed members ofthe presentation team, with the exceptionofany person otherwise required toregisterasalobbyist,shall not berequiredto payanyregistrationfees.TheAffidavitof Representation shallbe filed withtheCityClerk'sofficeat the time the committee's proposal is submitted to theCityas part of the procurement process. ofperjury,I declare that I haveread the foregoing declaration and that the factsstated ndspecifically that the persons listed above are the members of the presentation teamof below '/?day of /byJj-T .20/g . Print Name and Title /Print name of entity being represented 29 and between /1/Wvy>l<g>fi^v>j&(hereafter referred to as "Contractor"),and thetC5ty of South Miami (hereafterreferredtoas "Owner"),throughitsCity Manager (hereafter referred to as"City"). WITNESETH: That,the Contractor,for the consideration hereinafter fully set out,herebyagreeswiththe Owner asfollows: 1.The Contractor shallfurnish all labor,materials,equipment,machinery,tools,apparatus,transportation andany other itemsnecessary to perform allof the work shownonanddescribedinthe Contract Documents andshalldoeverything required bythis Contract and the other Contract Documents hereinafter referred to as the Work. 2.The Contract Documents shall includethis Contract,GeneralConditionstothe Contract,ifany,the drawings,plans,specificationsand project manual,ifany,anysupplementary or specialconditions,other documentsreferringtothis contract andsignedbytheparties,thesolicitationdocuments("hereinafter referredtoas "Bid Documents")andanydocumentsto which thosedocumentsrefer which are used by theOwneraswellasanyattachmentsorexhibitsthataremadeapartofanyofthedocumentsdescribed herein. 3.TheContractor shall commence theWorktobeperformedunderthisContractonadatetobe specified inaNoticetoProceedand shall complete all Work hereunder within thelengthoftimesetforthinthe Contract Documents. 4.TheOwnerherebyagreesto pay totheContractorforthe faithful performance ofthis Contract,subject to additions anddeductionsas provided intheContract Documents andanyproperlyapproved,written change orders,in lawful money oftheUnitedStates,the amount of:(Speii Doibr Amount here)5>\*A/Sus^^e\^A H*rtd<v>J &*jisA\j-~hAsO Dollars ($£.^£2 .0Qx>),Lump Sum ("Contract Price").' 5.The expenses of performing Workafter regular working hours,and on Sunday and legal holidays shall be included in theContract Price.TheCity may demand,at any point in time,that any part,or all,ofthe Workbe 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 workon days and during hours thatare otherwise prohibited by ordinance unless specifically authorized or instructed in writingbytheCity. 6.If theWork is expected to require more than one month,the Owner shall make monthly partial payments tothe Contractor onthe basis ofa duly certified and approved schedule of values fortheWork performed during each calendar month by the Contractor,less the retainage (all as provided for in theContract Documents),which istobe withheld by the Owner until completion and acceptance ofthe complete project in accordance withthis Contract andthe other Contract Documents anduntilsuch Work has beenacceptedby the City. 7.Upon submission bytheContractorof evidence satisfactory totheOwnerthat all labor,material,and other costs incurred by the Contractor in connection with the construction oftheWork have been paid in full,and after compliance with thetermsfor payment provided for in theContract 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. 8.The Work shall be completedin20 days.In the event thatthe Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents,orthe extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,liquidated damages shall be paid by the Contractor at the rate of $400.00 dollars per day,plus any monies paid by the Owner tothe Consultant,if any,for additional engineering and inspection services,if any,associated withsuchdelay. 9.It is further mutually agreed between the parties heretothatifa Payment and/or Performance Bond ("Bond")isrequiredand if,atanytimeaftertheexecutionofthis Contract andtheBondforits faithful performance and payment,the City shall deem the Surety or Sureties upon such bond(s)tobe unsatisfactory,or if,for any reason such bond ceases tobe adequate to cover the performance ofthe Work or payment to subcontractors and suppliers,the Contractor shall,at its expense within five (5) EXHIBIT 3 CONSTRUCTION CONTRACT 43 St Road &Drainage &Sidewalk Improvements ITQ#PW-20l5-24 THIS CONTRACT was made and entered into on this /*f day of jQ~2^fLT*20 fO,by ©Thomas F.Pfepe 2014 4/17/14 CONTRACT Signature: Mnt Signatory's Nan Title of Sanatory:T^CJtLL/iDj OWNER:CIT>orsOUTH MIAMI ature: P^ge2of28 ^/d -Xe/^.v s^ en Alexander 3ty Manager EXHIBIT 4 CONSTRUCTION CONTRACT GENERAL CONDITIONS 43 St Road &Drainage &Sidewalk Improvements ITQ#PW-20l5-24 ARTICLE I -DEFINITIONS Whenever usedin these General Conditions or in the other Contract Documents,thefollowing terms shallhave themeaningindicated.Thesedefinitions shall always applywhenthesectionofthe Contract specifically refers to thisArticleforthe purpose of interpreting aword or groupofwordsin that sectionof the Contract Document. However,when the section of the Contract where the word tobedefinedisused,does not specifically refers to thisArticle to define the word or group of words,the definitions contained inthisArticleshall not applyunless the word or group of words,in the context ofit or their useinthe Contract Document in question,is/are ambiguousand open for interpretation.Inaddition,these definitionsshallalso not apply to interpret terms ina specificprovisionofa Contract Document if that specificprovision contains adefinitionof these terms: Addenda:Written or graphic documents issuedprior to the Bid Openingwhichmodify or interpret the Contract Documents,Drawingsand Specifications,byaddition,deletions,clarifications or correction. ApplicationforPayment:AformapprovedbytheCONSULTANT,ifany,or the CityManagerwhichistobeused bythe CONTRACTOR inrequestingprogresspayments. Bid:TheofferorproposaloftheBiddersubmittedon the prescribedformsettingforth the pricesand other terms for the Work to be performed. Bidder:Anyperson,firm or corporation submittingaresponsetothe Owner's solicitationforproposals or bids for Work. Bid Documents:The solicitation forbidsor proposals and all documentsthatmakeupthe solicitation including the instructions,form of documents and affidavits. Bonds:Bid bond,performance andpaymentbondsandotherinstrumentsof security,furnished bythe CONTRACTORanditssuretyinaccordancewiththe Contract Documentsandinaccordancewiththelawsof the State of Florida. Change Order:Awrittenordertothe CONTRACTOR signed by theCity Manager authorizing an addition, deletion or revisioninthe Work,or anadjustmentinthe Contract Price or the Contract Timeissuedafter execution of the Contract. WorkOrder Proposals:Written proposals from the CONTRACTOR in response toordersor request forwork based onthe Scope oftheWork provided by the City tothe CONTRACTOR.The proposal includes line item pricing,wherethereare multiple locations,and the timeframe for completing thework. CITY:TheCity Manager fortheCityofSouth Miami,6130 Sunset Drive,South Miami,FL 33143,unlessthe context wherein thewordis used should more appropriately mean theCityof South Miami. Construction Observer:An authorized representative ofthe CONSULTANT,if any,or otherwise a representative ofthe City assigned to observe theWork performed and materials furnished by the CONTRACTOR.The CONTRACTOR shall be notified in writing ofthe identity of this representative. Contract Documents:The Contract Documents shallincludethe Contract between the Owner andthe Contractor,other documentslistedinthe Contract and modifications issuedafterexecutionofthe Contract as well as all Bid Documents including butnot limited tothe solicitation for Bid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificates and policies,theNoticeof Award,theNoticeto Proceed,the General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications, Drawings,including any incorporated specifications,addenda tothe drawings issued prior to execution ofthe Contract,Change Orders,Construction Change Directives and any written order for a minor change in the Work,andwritten modifications toanyoftheContract Documents. Contract Price:The total moneys payable tothe CONTRACTOR pursuant tothe terms ofthe Contract Documents. Contract Time:The number of calendar days stated in the Contract forthe completion ofthe Work. Contracting Officer:The individual who is authorized to sign the contract documents on behalf ofthe OWNER. CONTRACTOR:Theperson,firm orcorporationwithwhomtheOWNERhasexecutedtheContract. 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. Day:A period of twenty-four hours measured from the beginning ofthe day at 12:01 a.m.and it shall be presumed tobea calendar day unless specifically designated asa business day. Page3of28 ©ThomasF.Pepe2014. 4/17/14 Days:The number oftwenty-four (24)hour periods following the event to which the word "days"refers commencing at 12:01 a.m.at the start ofthe next day.Therefore,in computing any period oftime prescribed or allowed by the Contract Documents,the day ofthe act,event or default from which the designated period oftime begins to run shall not be included.The last day of the period so computed shall be included unless it is a Saturday,Sunday or legal holiday,in which event the period shall run until the end ofthe next business day that is nota Saturday,Sunday or legal holiday. Defective Work Workthatis unsatisfactory,faulty,or deficient inthatit does not conform tothe Contract Documents,or does not meet the requirements ofany applicable inspection,reference standard,test,or approval referred to in the Contract Documents,or has been damaged prior tothe CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner);substitutions that are not properly approved and authorized,any deficiency in the Work,materials and equipment;materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings:The drawings which show the character and Scope oftheWorktobe performed and which have been prepared or approved by the CONSULTANT,orif none,then by an architect or engineer hired by the City and are referred to in the Contract Documents. Field OrderA written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in theWork in accordance with paragraph 10.2. Modification:(a)A written amendment ofthe Contract Documents signed by both parties,(b)a Change Order signed by both parties,(c )a written clarification or interpretation if issued bythe CONSULTANT in accordance with paragraph 9.3 or (d)a written order for minor change or alteration in theWork issued by the CONSULTANT pursuant to Paragraph 10.2.A modification may only be issued after execution ofthe Contract,it mustbe in writing and signed bythe party against whom the modification is sought tobe enforced. Non-conforming Work means work thatdoes not conformtotheContractDocumentsand includes work thatis unsatisfactory,faulty,or deficient orthat does notmeetthe requirements of any applicable inspection,reference standard,test,orthatdoesnotmeet any approval required by,or referred to in,the Contract Documents,or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). Notice of Award:The written notice by CITY tothe apparent successful Bidder stating that upon compliance with the conditions precedent tobe fulfilled byit within thetime specified,CITY will execute and deliver theContract to him. Notice to Proceed:A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT)fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person:An individual or legal entity. Project Theentireconstructionoperationbeing performed as delineated intheContractDocuments. Policy:The term "policy"asusedinthe Contract Documents shall mean the insurancebinder,ifitisissued,the declaration page ofthe policy andthebodyofthe policy,including all endorsements. RFP:Request for Proposal. Scopeof Services..This phrase referstothescopeofthe services orworktobeperformed and it has thesame meaning asScopeofthe Work unlessthe context in which the phase isused clearly meansotherwise. Shop Drawings:All drawings,diagrams,illustrations,brochures,schedules andother data whichare prepared by the CONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,andwhich illustrate the equipment material orsomeportionof the work andasrequiredbytheContractDocuments. Samples:Physical examples which illustrate materials,equipment or workmanship and establish standards bywhich the Work willbejudged. Specifications:ThoseportionsoftheContractDocuments consisting ofwritten technical descriptions of materials,equipment constructionsystems,standards andworkmanshipas applied tothe Work. Subcontractor:An individual,firm or corporation having adirectcontractwithCONTRACTORorwithany other Subcontractor fortheperformanceofapartofthe Work attheconstructionsite. Substantial Completion:Thedate,ascertifiedby the CONSULTANT,whentheconstructionoftheProjectora certifiedpart thereof issufficiently completed,inaccordancewith the Contract Documents,sothat the Project or a substantial part,canbeutilizedforthepurposesforwhichitwasintended without restrictionorlimitation to anydegree,other thanfor the repairofminor"punchlist"items;orif there benosuch certification,the date when final paymentisdueinaccordancewith paragraph 14.9.However,innoevent shall theprojectorportion thereof,bedeemedtobe substantially completeduntilacertificateofoccupancyorcertificateofuseis lawfully issuedbythe applicable governmentalagency.Acertificateof Substantial Completion,issuedbythe CONSULTANT,shall be null andvoidifitisbasedon false,misleading or inaccurate information,fromanysource, Page4 of 28 ©Thomas F.Pepe2014. 4/17/14 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 whichwouldnormallytobe considered by the City to be minor "punchlist"work. Supplier:Anyperson or organization whosuppliesmaterials or equipment for the Work,including the fabrication ofanitem,but who does not perform laborat the siteof the Work. Surety:The individual or entity who isanobligoronaBondandwhoisboundwith the CONTRACTOR for the full andfaithful performance of the Contract andforthepaymentof all labor,servicesandmaterialsusedonthe project Work:Anyandallobligations,dutiesandresponsibilitiesnecessaryforthesuccessfulperformanceandcompletion of the Contract. Notice:The term "Notice"as used herein shall mean and include all written notices,demands,instructions, claims,approvalsanddisapprovalsrequiredtoobtaincompliancewith Contract requirements.Written notice shallbe deemed tohavebeendulyservedifdeliveredinpersontothe individual or toamemberofthefirmorto anofficerofthecorporationforwhomitisintended,ortoanauthorizedrepresentativeofsuch individual,firm,or corporation,or ifdeliveredat or sentbyregistered mail to the lastknownbusinessaddress.Unless otherwise statedin writing,anynoticetoor demand upontheOWNERunderthisContract shall be delivered totheCity Managerand the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The CITY reservesthe right to reject anyandallBids,atits sole discretion.Bids shall beawarded bythe CITY tothelowest responsive and responsible Bidder.NoNoticeof Award shall be given until the CITY hasconcludedits investigation,asitdeems necessary,to establish,tothe satisfaction ofthe CITY, which Bidder isthemost responsive and responsible of all the Bidders tocompletethe Work within the time prescribed and in accordance with the Contract Documents.The CITY reserves the right toreject the Bid of any Bidder whoisnot believed to be,in thesole discretion and satisfaction ofthe City,tobe sufficiently responsible,qualified and financial able to perform the work,in analyzing a Bid,the CITY may alsotakeinto consideration alternateandunit prices,ifrequestedbythe Bid forms.IftheContractis awarded,the CITY shall issue theNoticeof Award and give the successful Bidder aContractfor executionwithinninety(90)dayafteropeningof Bids. Execution of Contract: 2.2 At least four counterparts oftheContractthe 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 asprovidedinSection 6.1 oftheGeneral Conditions andsuch other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR tothe CITY within ten (10)calendar days of receipt ofthe Notice of Award.AContract Document that requires the signature ofa party may be executed in counterparts separately by each ofthe parties and,in such event,each counterpart separately executed shall,without proof or accounting for theother counterpart bedeemedan original Contract Document Forfeiture of Bid Security/Performance and Payment Bond,if any are required by the applicable RFP: 2.3 Within ten (10)calendar days of being notified ofthe Award,CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions ofthe Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount ofone hundred percent (100%)ofthe Contract Price guaranteeing toOWNERthe completion andperformanceofthe Work coveredinsuchContract as well as full payment ofall 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,and2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance ofthe Work with the liability equal toone hundred percent (100%)oftheContract Sum. 2.3.3 Pursuant tothe requirements of Section 255.05(I),Florida Statutes,CONTRACTOR shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized todo business in the State of Florida asa surety,having a resident agent in the State of Florida and having been in business with a record of successful continuous operation fora least five (5)years. Page5of 28 ©ThomasF.Pepe2014. 4/17/14 2.3.5 The surety company shall hold acurrent certificate of authority as acceptable surety on federal ^visionnsaCCO "^thC Unit6d SmeS Department °f T™«*Ocular 570^^ 2'3'6 better^Sha""**reqUired t0 aCCef>ta ""*b°nd from acomPany with »™ing A.VII or 137 bondT^nd?SUCCeSSiU'JBidd6r t0 6XeCUte and deliver the Contratt-and Oliver the requiredSbZUmentSKa"f6 ^f°r the C,TY tG annul the Notice of Award anddeclaretheBidandanysecuritythereforeforfeited. Contractor's Pre-<Jtart Representation- 14 fammJ^T0?rePreuentS that !t haS familiarized i^elf with,and assumes full responsibility for havingc^S ^7*,the natUre 3nd 6Xtent °f the Contract Documents,Work,locality and wthTlocaloerflZcTnf^h wT I"''OCal '^°rdinanCe'rules and reSulations ^at may iLyma^er affecperformanceoftheWork,and represents that it has correlated its study and observations withTerequirementsoftheContractDocuments.CONTRACTOR also represents that ££stuZ aH survevsandinvestigations,reports of subsurface and latent physical conditions referredko in the^^pSca ion7 " wtTrefl^din h°ral SUrVeynnd *»«**>«"*dee™—^for the Perform oTth?1 the Contract Documents and that he has correlated the results of all such data w*htherequirementsoftheContractDocuments. Commencement of Contract Time- 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 26 rr?n'tiI^A-rZTOR Sha"Start t0 Perf°rm iK obli8ati<™"nder the Contract Documents on the date the the d"T I C°TTeS t0 mn-N°W°rk Sha"be done at the site <as defi"*°in Article I),prior tothedateonwhichtheContractTimecommencestorun,except with the written consent of the CTTY Before Starting Construction: 2.7 Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions.It shall at once report in writing to CONSULTANT any conflict,error ordiscrepancywhich,t may discover.Neither the OWNER nor the CONSULTANT shall be liable for any harm,damage or loss suffered by CONTRACTOR as aresult of its failure to discover any conflict,error or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm,damage or loss suffered by the CONTRACTOR due to any conflict,error or discrepancy in theContractDocuments.' Schedule of Completion- 18 rnMTD^S^ffS dayS after delivery of the Notice to Proceed b/CITY to CONTRACTOR,CONTRACTOR shall submit to CONSULTANT for approval,an estimated construction schedulemdicatingthestartingandcompletiondatesofthevariousstagesoftheWork,and apreliminary schedule of Shop Drawing subm.ssions.The CONSULTANT shall approve this schedule or require revisions thereto within seven (7)calendar days of its submittal.If there is more than one CONTRACTOR involved in the Project,the responsibility for coordinating the Work of all CONTRACTORS shall be provided inthe Special Conditions. 2.9 Within five (5)business days after delivery of the executed Contract by CITY to CONTRACTOR,but before startmg 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 aworking understanding between the parties as to the Project. Present at the conference will be the CITY'S representative,CONSULTANT,Resident Project Representatives,CONTRACTOR and its Superintendent. Qualifications of Subcontractors.Material men and Supplier*- 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 alist of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment)proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents.Within **^Page 6of28©Thomas F.Pepe2014 4/17/14 thirty (30)calendardays after receivingthelist,the CONSULTANT willnotify the CONTRACTOR in writingif either theCITY or the CONSULTANThas reasonable objection toany Subcontractor,person, or organizationonsuchlist.Thefailureof the CITY or the CONSULTANT tomake objection to any Subcontractor,person,or organizationonthelistwithinthirty(30)calendardaysof the receipt shall constitute an acceptance ofsuch Subcontractor,person or organization.Acceptance ofanysuch Subcontractor,person or organization shall notconstituteawaiverofanyrightoftheCITYor the CONSULTANTto reject defectiveWork,material or equipment,or any Work,material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If,priortotheNoticeofAward,the CITY or theCONSULTANThasreasonableobjectiontoany Subcontractor,person or organizationlisted,theapparentlowBidder may,priortoNoticeofAward, submitan acceptable substitute without anincreaseinitsbidprice. 2.12 Theapparentsilenceofthe Contract Documentsastoanydetail,ortheapparentomissionfromthemof adetaileddescriptionconcerningany Work tobedoneandmaterialstobefurnished,shallberegardedas meaning thatonlybestpracticesareto prevail andonly materials and workmanship ofthebest quality are to beusedin the performance ofthe Work. ARTICLE 3-CORRELATION.INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It istheintentofthe Specifications and Drawings todescribeacompleteProjecttobeconstructedin accordancewiththe Contract Documents.TheContractDocumentscomprisetheentire Contract betweentheOWNERandthe CONTRACTOR.They may bealteredonlybya modification as defined in Article I. 3.2 TheContract Documents are complementary;what is called for by oneisas binding asif called for by all thedocuments.If CONTRACTOR finds a conflict,error or discrepancy intheContractDocuments,it shall,beforeproceedingwiththeWork affected thereby,immediately call ittothe CONSULTANTS attentionin writing.ThevariousContractDocumentsare complementary;in caseof conflict,error or discrepancy,themorestringent interpretation and requirement that shall provide the maximum benefit to the Owner shallapply 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 readyfor service". 3.4 Miscellaneous items and accessories which arenot 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 theContract Price.Such miscellaneous items and accessories shall beofthe same quality standards,including material,style,finish,strength,class, weight and other applicable characteristics,as specified forthe 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 fromthe Drawings and Specifications. 3.5 The Workof all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain thebest workmanship possible forthe entire Project,and all components oftheWork shall be installed or erected in accordance with thebest practices ofthe particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof,and for making equipment and utility installations properly perform the specified function.If the CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications,the CONTRACTOR shall immediately notify the CONSULTANT in writing ofsuch 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,andthe like,it shall be understood that such referenceistothelatestedition including addenda ineffectonthedateofthe Bid. 3.8 Brand names where used in the technical specifications,are intended to denote the standard or quality required forthe 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 tothe material or product specified by trade name,and that is suitable for the same use capable of performing the same function,in the opinion ofthe CONSULTANT,as the material or product so specified.Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Page7of28 ©ThomasF.Pepe2014. 4/17/14 Work.(When a brand name,catalog number,model number,orother identification,is used withoutthe 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.i I The CONTRACTOR shall advised the CONSULTANT,prior to performing any work involving a conflict intheContract Documents and the CONSULTANT shall make the final decision asto which ofthe documents shall take precedence.In the event that there is a conflict between or among the Contract Documents,only thelatest version shall apply and the latest version oftheContract Documents.The CONSULTANT shall use the following list of Contract Documents as a guide.These documents areset forth below in theorderof their precedence so that all the documents listed above a given document shouldhave precedence over allthe documents listedbelow it (a)Change Orders (b)Amendments/addenda to Contract (c)Supplementary Conditions,ifany (d)Contract withallExhibits thereto (e)General Conditions (f)Written or figureddimensions (g)Scaled dimensions (h)Drawings ofalargerscale (i)Drawingsofasmallerscale (j)Drawings and Specifications aretobe considered complementary to each other ARTICLE 4-AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability ofLands: 4.1 The OWNER shall furnish,as indicated in the Contract Documents,the lands upon which theWorkisto be done,rights-of-way for access thereto,and such other lands which are designed fortheuseofthe CONTRACTOR.Easements for permanent structures or permanent changes in existing facilities will be obtained and paid forbythe OWNER,unless otherwise specified intheContract Documents.Other access to such lands or rights-of-way forthe CONTRACTOR'S convenience shall bethe responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access theretothat may be required for temporaryconstruction facilities orstorageof material and equipment. 4.2The CITY will,upon request furnish tothe Bidders,copies of all available boundary surveys and subsurface tests at no cost Subsurface Conditions: 4.3The CONTRACTOR acknowledges thathehas investigated priorto bidding and satisfied himself asto theconditions affecting theWork,including butnot limited tothose bearing upontransportation, disposal,handling andstorageof materials,availability oflabor,water,electricpower,roadsand uncertainties ofweather,river stages,tides,water tables or similar physical conditionsatthesite,the conformation and conditions oftheground,thecharacterof equipment and facilities needed preliminary to andduring prosecution oftheWork.TheCONTRACTOR further acknowledges that hehassatisfied himself astothecharacter,quality andquantityofsurfaceandsubsurfacematerialsorobstaclestobe encountered insofarasthis information isreasonablyascertainablefromaninspectionofthesite, including all exploratory work doneby the OWNER/CONSULTANTon the site or anycontiguoussite, aswellasfrominformationpresentedbythe Drawings and Specifications madepartofthis Contract or any other informationmade available toitpriortoreceiptofbids.AnyfailurebytheCONTRACTORto acquaintitselfwith the available informationshallnotrelieveitfromresponsibilityforestimatingproperly the difficulty orcostof successfully performingWork.TheOWNERassumesno responsibility forany conclusions or interpretations madeby the CONTRACTOR onthebasisof the informationmade availableby the OWNER/CONSULTANT. DifferingSite Conditions: 4.4TheCONTRACTOR shall withinfortyeight(48)hoursofits discovery,andbeforesuchconditionsare disturbed,notify the CITYin writing,of: 4.4.1 Subsurfaceorlatent physical conditionsatthesite differing materially fromthoseindicatedinthe Contract Documents,and Page8of28 ©ThomasF.Pepe2014. 4/17/14 4.4.2Unknown physical conditionsatthesite,ofanunusualnature,differing materiallyfrom those ordinarily encountered andgenerally inherent in Work ofthe character providedforinthis Contract The CITYshall promptly investigate the conditions,andifitfinds that such conditions domateriallydiffer to the extent as to causeanincrease or decrease in the CONTRACTOR'S cost of,or the time required for,performance ofany part of the Work under this Contract an equitable adjustment shallbemadeandthe Contract modifiedinwritingaccordingly. 4.5Noclaimof the CONTRACTOR under thisclauseshallbeallowedunless the CONTRACTOR hasgiven the notice required in4.4above;provided,however,the time prescribed therefore maybe extended by the CITY,butonlyifdoneinwritingsignedbytheCityManager or theCONSULTANT. ARTICLE 5-INSURANCE Contractor shallcomplywith the insurance requirements setforthin the Supplementary Conditions to the Contract. ARTICLE 6-CONTRACTORS RESPONSIBILITIES Supervisionand Superintendence: 6.1 TheCONTRACTOR shall superviseanddirecttheWork.It shall besolelyresponsibleforthemeans, methods,techniques,sequencesandproceduresofconstruction.TheCONTRACTOR shall employand maintain a qualified supervisororsuperintendent(hereinafterreferredtoas"Supervisor"atthe Work sitewhoshallbedesignatedinwritingbythe CONTRACTOR,before the CONTRACTOR commences the Work andwithinthetimerequiredbythe Contract asthe CONTRACTOR'S representativeatthe site.TheSupervisororsodesignated shall have full authoritytoactonbehalfoftheCONTRACTORand all communications given totheSupervisor shall beas binding asif given totheCONTRACTOR.The Supervisor(s)shall bepresentateachsiteat all times asrequiredtoperformadequate supervision and coordinationoftheWork.(Copiesofwritten communications given totheSupervisor shall be mailed to theCONTRACTOR'Shome office). 6.1.1 The CONTRACTOR shall keeponerecordcopyof all Specifications,Drawings,Addenda, Modifications andShop Drawings atthesiteat all timesandingood order andannotatedtoshow all changesmadeduringtheconstructionprocess.These shall be available totheCONSULTANT andany CITY Representative at all reasonable times.Asetof "As-Built"drawings,as well asthe original Specifications,Drawings,Addenda,Modifications andShop Drawings with annotations, shall be made available tothe City at all times and it shall be delivered tothe CITY upon completion of the Project Labor,Materials andEquipment: 6.2 The CONTRACTOR shall provide competent,suitably qualified personnel to lay outtheWork and perform construction as required by the Contract Documents.It shall at all times maintain good disciplineand order at the site. 6.3 The CONTRACTOR shall furnish all materials,equipment labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light heat,local telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. 6.4 All materials and equipment shall be new,except as otherwise provided in theContract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered tothe site in their original packages or containers with seals unbroken and labels intact 6.5 All materials andequipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance with the instructions ofthe applicable manufacturer,fabricator,or processors,except as otherwise providedin the Contract Documents. Work.Materials.EquipmentProductsand Substitutions: 6.6 Materials,equipment and products incorporated in the Work must be approved for use before being purchasedbythe CONTRACTOR.TheCONTRACTORshallsubmit to theCONSULTANTalistof proposed materials,equipment or products,together with such samples as may be necessary for them to determine their acceptability 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 onthe Drawings or Specifications byreferencetobrandnameor catalog number,it shall beunderstoodthatthisisreferencedfor the purpose of defining the performance orother salient requirements and thatother products of Page9of 28 ©ThomasF.Pepe2014. 4/i7/14 equal capacities,quality and function shall be considered.The CONTRACTOR may recommend the substitution ofa material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number,and if,in the opinion ofthe CONSULTANT,such materia!,article,or piece of equipment is of equal substance and function tothat specified,the CONSULTANT may approve its substitution and use bythe CONTRACTOR.Incidental changes or extra component parts required to accommodate the substitute will be made bythe 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 ofthe CONSULTANT who shall bethe judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall notbe considered justifiable grounds foran extension of construction time. 6.6.4 Should anyWork or materials,equipment or products notconformto requirements ofthe Drawings and Specifications orbecome damaged during the progress oftheWork,such Workor materials shall beremoved and replaced,togetherwithanyWork disarranged bysuch alterations, atanytimebeforecompletionandacceptanceofthe Project.Allsuch Work shall bedoneat the expense of the CONTRACTOR. 6.6.5 No materials or supplies fortheWork shall be purchased bytheCONTRACTORor any Subcontractor subject toany chattel mortgage or under a conditional sale orother agreement by whichaninterestis retained bythe Seller.TheCONTRACTOR warrants thatthey have good title to all materials andsuppliesusedby them inthe Work. 6.6.6Non-conformingWork:TheCityofSouth Miami maywithhold acceptance of,orrejectitems whicharefounduponexamination,not to meet the specification requirementsorconformto the plans and drawings.Uponwrittennotificationof rejection,items shall be removed or uninstalled within five (5)businessdaysbythe CONTRACTOR athisownexpenseandredeliveredand/or reinstalled athisexpense.Rejectedgoodsleftlongerthanthirty(30)calendar days shall be regarded as abandoned andtheCITY shall havethe right todisposeofthemasitsownproperty and the CONTRACTOR therebywaivesany claim tothegoodortocompensationofanykind forsaidgoods.Rejectionfornon-conformanceor failure to meet deliveryschedulesmayresultin the CONTRACTOR beingfoundindefault. 6.6.7 In caseofdefaultby the CONTRACTOR,theCityof South Miami mayprocurethearticlesor servicesfrom other sources andhold the CONTRACTOR responsibleforany excess costs occasioned orincurred thereby. 6.6.8TheCITYreservesthe right inthe event the CONTRACTOR cannotprovideanitem(s)or service(s)inatimelymannerasrequested,toobtainthegoodand/orservicesfrom other sources and deducting the cost from the Contract Price without violating the intent of the Contract Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ anySubcontractor,against whom the CITYor the CONSULTANT mayhavereasonableobjection,nor willthe CONTRACTOR be required to employ any Subcontractor who hasbeen accepted bytheCITYandthe CONSULTANT,unless the CONSULTANT determines that there isgoodcausefordoingso. 6.8The CONTRACTOR shall befullyresponsibleforallactsandomissionsofits Subcontractors andof personsandorganizationsdirectlyorindirectly employed byitandofpersonsandorganizationsfor whose actsany of them maybe liable tothesame extent thattheyareresponsiblefor the actsand omissionsofpersonsdirectly employed bythem.Nothinginthe Contract Documents shall createany contractualrelationship between OWNER or CONSULTANT andany Subcontractor or other personor organizationhavingadirect contract with CONTRACTOR,nor shall itcreateanyobligationonthepart of OWNER or CONSULTANT to payortosee to paymentofanypersonsdue subcontractor or other personororganization,except asmay otherwise berequiredbylaw.CITYor CONSULTANT may furnish to any Subcontractor or other personororganization,to the extent practicable,evidence of amounts paid to the CONTRACTOR onaccount of specified Work doneinaccordancewith the schedule values. 6.9The divisions andsectionsof the Specifications andthe identifications ofanyDrawings shall notcontrol the CONTRACTOR in dividing the Work amongSubcontractorsordelineatingthe Work performedby anyspecific trade. 6.10 The CONTRACTOR agrees to bind specifically everySubcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. Page I Oof 28 ©Thomas F.Pepe2014. 4/17/14 6.11 All Work performed for the CONTRACTOR bya Subcontractor shall bepursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall beresponsibleforthecoordinationofthetrades,Subcontraaors materialand men engagedupon their Work. 6.12.1 The CONTRACTOR shall causeappropriateprovisions to be inserted inall subcontracts relative to the Work tobind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofarasapplicable to the Work of Subcontractors, andgive the CONTRACTOR the same power asregards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR underanyprovisions of the Contract Documents. 6.12.2 The CITYor CONSULTANT will not undertake to settle anydifferences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 Ifin the opinion of the CONSULTANT,any Subcontractor on the Projectprovestobe incompetent or otherwise unsatisfactory,they shall be promptly replacedby the CONTRACTOR ifandwhendirectedbythe CONSULTANT inwriting. 6.I2A Discrimination:Noaction shall betakenby the any subcontractor withregardto the fulfilmentof the terms of the subcontract includingthehiringandretentionof employees fortheperformanceof Work that woulddiscriminateagainstanypersonon the basisofrace,color,creed,religion,nationalorigin,sex, age,sexualorientation,familial statusor disability.This paragraph shall bemadeapartofthe subcontractor's contract with the Contractor. PatentFeesandRoyalties: 6.13 The CONTRACTOR shall pay all licensefeesandroyaltiesandassume all costsincidenttotheuseofany invention,design,processordevicewhichis the subjectofpatentrightsorcopyrightsheldby others.He shall indemnifyandholdharmlessthe OWNER andthe CONSULTANT andanyonedirectlyorindirectly employedbyeitherofthemfrom against all claims,damages,lossesandexpenses (including attorney's fees)arising outofanyinfringementofsuch rights during orafterthecompletionofthe Work,and shall defend all such claims inconnectionwithany alleged infringement ofsuch rights. 6.14 TheCONTRACTOR shall be responsible for determining the application ofpatent rights and royalties materials,appliances,articles orsystemspriorto bidding.However,he shall notberesponsibleforsuch determinationonsystemswhichdonotinvolve purchase bythemof materials,appliances and articles. Permits: 6.15 TheCONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges andinspectionfeesnecessaryfortheprosecutionofthe Work,whichare applicable atthetimeofhis Bid.Whensuch charges are normally madebytheCITYandwhensostated inthe Special Conditions,there will beno charges tothe CONTRACTOR.TheCITY shall assistthe CONTRACTOR,when necessary,in obtaining such permits and licenses.The CONTRACTOR shall also pay all publicutilitycharges. Electrical Powerand Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTORas required by it This service shall be installed bya qualified electrical Contractor approved bythe CONSULTANT.Lighting shall be provided bytheCONTRACTOR in all spaces at all timeswhere necessary for good and proper workmanship,for inspection or for safety.No temporary power shall be usedofftemporary lighting lines without specific approval oftheCONTRACTOR. LawsandRegulations: 6.17 The CONTRACTOR shall comply with all notices,laws,ordinances,rules and regulations applicable to theWork.If the CONTRACTOR observes thatthe Specifications or Drawings areat variance therewith, it shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification.If the CONTRACTOR performs any Work knowing ittobe contrarytosuch laws,ordinances,rulesand regulations,and without suchnotice to the CONSULTANT, it shall bear all costs arising there from;however,it shall notbeits primary responsibility to make certain thatthe Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. Discrimination: 6.I7A No action shall be taken bythe Contractor with regard tothe fulfilment ofthetermsofthe Contract, including the hiring and retentionof employees forthe performance of Work thatwould discriminate Page II of 28 ©ThomasF.Pepe2014. 4/17/14 against any person onthe basis of race,color,creed,religion,national origin,sex,age,sexual orientation, familial statusor disability. Taxes: 6.18 Costof all applicable sales,consumeruse,andothertaxesforwhichthe CONTRACTOR is liable under the Contract shall be included in the Contract Price stated bythe CONTRACTOR. SafetyandProtection: 6.19 The CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 6.19.1 All employees and other persons,who may be affected thereby, 6.19.2 All theWork and all materials or equipment tobe incorporated therein,whether in storage onor off the site,and 6.19.3 Other property atthe site or adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement inthe course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization atthe site whose duty shall bethe prevention of accidents.This person shall bethe CONTRACTOR'S Superintendent unless otherwise designatedinwritingbythe CONTRACTOR totheCITY. Emergencies: 6.21 In emergencies affecting the safety of persons ortheWorkor property atthesiteor adjacent thereto, the CONTRACTOR,without special instructionorauthorizationfromthe CONSULTANT orCITY,is obligated toactathis discretion,topreventthreatened damage,injury or loss.He shall give the CONSULTANTpromptwrittennoticeofany significant changes inthe Work or deviations fromthe Contract Documents caused thereby.IftheCONTRACTOR believes that additional Workdonebyhim inanemergencywhicharosefromcausesbeyondhiscontrolentitleshimtoanincreaseintheContract Price oranextensionoftheContractTime,hemaymakea claim thereforeas provided inArticles 11 and 12. ShopDrawingsand Samples: 6.22 After checkingandverifying all field measurements,the CONTRACTOR shall submittothe CONSULTANT forreview,in accordance withtheacceptedscheduleofshop drawing submissions,six (6)copies(oratthe CONSULTANT option,onereproduciblecopy)of all Shop Drawings,which shall havebeencheckedbyandstampedwiththe approval ofthe CONTRACTOR.TheShop Drawings shall benumberedandidentifiedasthe CONSULTANT mayrequire.ThedatashownontheShop Drawings shall becompletewithrespectto dimensions,design criteria,materials ofconstructionandtheliketo enablethe CONSULTANT toreviewthe information without anyunnecessary investigation. 6.23The CONTRACTOR shall alsosubmittothe CONSULTANT forreview,withsuchpromptnessasto causenodelayin Work,all samplesrequiredbythe Contract Documents. Allsamples shall havebeencheckedbyandstampedwiththe approval of the CONTRACTOR,identified clearlyas to material,manufacturer,any pertinent catalognumbersand the useforwhichintended. 6.24 At the timeofeachsubmission,the CONTRACTOR shall notifythe CONSULTANT,inwriting,ofany deviations between the ShopDrawingsorsamplesand the requirements of the Contract Documents. 6.25The CONSULTANT shall reviewwithresponsiblepromptnessShop Drawings and Samples,buthis review shall beonlyforconformancewiththedesign concept oftheProjectandforcompliancewiththe informationgivenin the Contract Documents.Thereviewofaseparateitemassuchwillnotindicate reviewof the assemblyinwhichtheitemsfunctions.The CONTRACTOR shallmakeany corrections requiredby the CONSULTANT and shall returntherequired number of corrected copiesofShop Drawingsand resubmit new samplesuntil the reviewissatisfactory to the CONSULTANT.The CONTRACTOR shall notify the CONSULTANT,inwriting,of anypriorShopDrawingorrevisions to ShopDrawings that areinconflictwitheachsubmissionor re-submission.The CONTRACTOR'S stamp ofapprovalonanyShop Drawings orsample shall constitute representation to the CITYand the CONSULTANT that the CONTRACTOR haseither determined and/orverified all quantities,dimension, field construction criteria,materials,catalognumbersandsimilardataor they assume full responsibility fordoingso,andthat they havereviewedorcoordinatedeachShopDrawingorsamplewith the requirements of the Work and the Contract Documents. Page 12 of 28 ©Thomas F.Pepe2014. 4/17/14 6.26NoWork requiring a submittal ofaShop Drawing orsample shall becommenced until the submission has been reviewed andapprovedinwritingbythe CONSULTANT.AcopyofeachShop Drawing andeach approved sample shall bekeptingoodorder,in abookor binder,in chronological orderorinsuchother order requiredbythe CONSULTANT in writing,bythe CONTRACTOR atthesiteand shall be available to the CONSULTANT. 6.27The CONSULTANT'S reviewofShop Drawings orsamples shall notrelievetheCONTRACTORfrom his responsibility forany deviations fromtherequirementsoftheContractDocumentsunlessthe CONTRACTORhasinformedthe CONSULTANT,inwriting,toeachdeviationatthetimeof submission and the CONSULTANThas given writtenapprovaltothespecific deviation,nor shallany reviewbytheCONSULTANTrelievetheCONTRACTORfrom responsibility for errors oromissionsin the ShopDrawings or samples. 6.27AThe CONTRACTOR shallbe liable totheOWNERforanyadditional cost or delaythatiscausedbyits failure to notify the CONSULTANT ofanyofsaid deviations or conflicts betweenShop Drawings ordue to errors in the ShopDrawings or samples. CleaningUp: 6.28TheCONTRACTOR shall cleanupbehindthe Work asmuchasisreasonablypossibleasthe Work progresses.UponcompletionoftheWork,andbeforeacceptanceof final paymentfor the Projectbythe OWNER,the CONTRACTOR shall remove allhissurplusanddiscardedmaterials,excavated material andrubbishaswellas all other materialandequipmentthatdoesnotformapartofthe Work,fromthe property,roadways,sidewalks,parkingareas,lawnandalladjacent property.Inaddition,the CONTRACTOR shallcleanhis portion of Work involvedinanybuilding under this Contract so that no further cleaningbythe OWNER isnecessarypriortoitsoccupancyandheshall restore all property,both publicandprivate,whichhasbeendisturbedordamagedduringthe prosecution of the Work soasto leavethewhole Work and Work Siteinaneatand presentable condition. 6.29 If the CONTRACTOR does not clean the Work site,theCITYmayclean the Work Siteofthematerials referred to inparagraph6.28andchargethe cost to the CONTRACTOR. Public Convenience andSafety: 6.30 The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction topublictravel.Theconvenienceofthegeneralpublicandof the residents along andadjacentto the areaof Work shallbeprovidedforinasatisfactorymanner,consistent with the operation andlocalconditions."Street Closed"signsshallbeplacedimmediatelyadjacent to the Work,in a conspicuous position,atsuchlocationsastraffic demands.Atany time that streets are required tobe closed,the CONTRACTOR shallnotifylaw enforcement agenciesandinparticular,theCityofSouth Miami Police Department before the street isclosedandagainas soon asitis opened.Access to fire hydrants and other fireextinguishing equipment shallbe provided andmaintainedatall times. Sanitary Provisions: 6.31 The CONTRACTOR shallprovideon-site office,andnecessary toilet facilities,secludedfrompublic observation,foruseofallpersonnelonthe Work Site,whether or not inhisemploy.Theyshallbekept inacleanandsanitaryconditionandshallcomplywith the requirements andregulationsof the Public Authoritieshavingjurisdiction.Theyshallcommitnopublicnuisance.Temporary field officeandsanitary facilities shallbe removed upon completion ofthe Work and the premises shallbeleftclean. Indemnification: 6.32 Contractor shall complywiththe indemnification requirements setforthinthe RFP andin EXHIBIT I of theSupplementaryConditions(Insuranceand indemnification requirements). 6.33Intheevent that anyaction or proceedingisbroughtagainstOWNER or CONSULTANTbyreasonof anysuchclaim or demand,CONTRACTOR,upon written noticefromCITYshalldefendsuchaction or proceedingbycounselsatisfactoryto CITY.The indemnification providedaboveshallobligate CONTRACTOR to defendatitsownexpenseortoprovideforsuchdefense,at CITY'S option,anyand all claims of liability and all suitsandactionsofeverynameanddescription that maybe brought against OWNERorCONSULTANT,excludingonlythoseclaimsthatallege that theinjuries arose out ofthe solenegligenceof OWNER or CONSULTANT. 6.34The obligations oftheCONTRACTORunderparagraph6.33 shall notextendtothe liability ofthe CONSULTANT,itsagentsoremployees arising outof(a)thepreparationor approval of maps,drawings, opinions,reports,surveys,Change Orders,designs or specifications or (b)the giving of or the failureto Page 13 of 28 ©ThomasF.Pepe2014. 4/17/14 give directions or instructions bythe CONSULTANT,its agents or employees provided such actor omissionisthe primary causeof injury or damage. 6.34AAllofthe forgoing indemnification provisions shall survivethetermoftheContracttowhichthese General Conditions are a part.Indemnification shall not exceed an amount equal tothe total value of all insurance coverage required by Section 5.1 ofthis document.Indemnification is limited to damages caused inwholeorinpartbyany act omission,ordefaultoftheContractor,theContractor'ssubcontractors, sub-subcontractors,materialmen,or agents of any tierortheir respective employees totheextent caused bythe negligence,recklessness,or intentional wrongful misconduct ofthe indemnifying party and persons employedor utilized bythe indemnifying party inthe performance ofthe construction contract. Responsibilityfor Connection to Existing Work: 6.35 It shall bethe responsibility ofthe CONTRACTOR to connect its Workto each part ofthe existing Work,existing building or structure orWork previously installed as required bythe Drawings and Specifications toprovideacomplete installation. 6.36 Excavations,grading,fill,storm drainage,paving and any other construction or installations in rights-of- waysofstreets,highways,public carrier lines,utility lines,either aerial,surface or subsurface,etc.,shall be donein accordance with requirements ofthe special conditions.TheOWNER will be responsible for obtaining all permits necessary forthe Work described inthis paragraph 6.36.Upon completion ofthe Work,CONTRACTOR shall presenttoCONSULTANT certificates,in triplicate,fromtheproper authorities,statingthatthe Work hasbeendonein accordance withtheir requirements. 6.36.1 TheCITY will cooperatewiththeCONTRACTOR in obtaining action from any utilities or public authoritiesinvolvedintheaboverequirements. 6.36.2 TheCONSULTANT shall be responsible for obtaining elevations ofcurbs and gutters,pavement, storm drainage structures,and other itemswhichmustbeestablishedbygovernmental departmentsassoonas grading operations are begun onthesite and,inany case,sufficiently early intheconstructionperiodtopreventanyadverseeffectontheProject. Cooperation with Governmental Departments.Public Utilities.Etc.: 6.37The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies andcorporations (hereinafter referredto as"third parties")owningor controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,andtelegraph facilities suchaspavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,includingincidental structures connected therewith,that are encountered in the Work in order that suchitemsareproperlyshored,supportedandprotected,thattheirlocationisidentifiedandtoobtain authority from these thirdpartiesforrelocationif the CONTRACTOR desires to relocate the item.The CONTRACTOR shall give all propernotices,shall complywith all requirementsofsuchthirdpartiesin the performanceofhis Work,shall permitentranceofsuchthirdpartiesontheProjectinorderthatthey mayperformtheirnecessarywork,and shall pay all charges andfeesmadebysuchthirdpartiesfortheir work. 6.37.1 The CONTRACTOR'S attentionis called tothefactthat there maybe delays on the Projectdue to work tobedonebygovernmentaldepartments,public utilities,andothersin repairing or movingpoles,conduits,etc.The CONTRACTOR shall cooperate withtheabovepartiesinevery waypossible,so that the construction canbecompletedin the leastpossibletime. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and regulationswhichinany manner affect those engagedor employed in the Work,ormaterialsand equipment useinorupon the Work,orinanywayaffect the conduct of the Work,andnoplea of misunderstanding willbe considered on account of damage or delaycausedbyhisignorance thereof. Use Premises: 6.38 CONTRACTOR shall confineits apparatus,storageof materials,andoperationsofits workmen tothe limitsindicatedbylaw,ordinances,permitsanddirectionsof CONSULTANT andCITY,and shall not unnecessarily encumber anypart of the siteoranyareasoffsite. 6.38.1 CONTRACTOR shall not overloadorpermitanypartofany structure tobeloadedwithsuch weightaswillendangeritssafety,nor shall itsubjectany work to stresses orpressuresthatwill endanger it. 6.38.2 CONTRACTOR shall enforce therulesand regulation promulgatedbythe CONSULTANT and OWNER aswellastheirinstructionswithregardto signs,advertisements,firesandsmoking. Page 14 of 28 ©Thomas F.Pepe2014. 4/17/14 6.38.3 CONTRACTOR shallarrangeand cooperate withCITYinroutingandparkingofautomobilesof itsemployees,subcontractors and other personnel,aswellas that of the materialdelivery trucks and other vehicles that come to the Project site. 6.38.4TheCitywilldesignatespecificareasonthesitefor storage,parking,etc.andthejobsiteshallbe fenced to protect the jobsiteand the general public. 6.38.5The CONTRACTOR shallfurnish,installandmaintain adequate construction officefacilitiesforall workers employedbyit or byits Subcontractors.Temporary officesshallbeprovidedand locatedwhere directed andapprovedbytheCONSULTANT.All such facilities shall befurnished in strict accordance withexistinggoverningregulations.Fieldofficesshallinclude telephone facilities. Protection ofExisting Property Improvements: 6.38Anyexistingsurface or subsurface improvements,suchas pavements,curbs,sidewalks,pipes or utilities, footings,or structures (including portions thereof),trees and shrubbery,not indicatedon the Drawings or noted intheSpecificationsasbeing removed or altered shallbe protected fromdamageduring construction of the Project Anysuch improvements damagedduring construction ofthe Project shall be restored at the expense ofthe CONTRACTOR toa condition equalto that existingat the timeof award of Contract ARTICLE 7 -WORK BY OTHERS. 7.1 TheCITYmay perform additional Work related to the Project or maylet other direct contracts therefor which shall contain General Conditions similar to these.The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the OWNER,ifitis performing the additional Work itself),reasonable opportunity for the introduction and storage ofmaterialsand equipment andthe execution of Work,andshall properly connect and coordinate its Work with theirs. 7.2Ifany part of the CONTRACTOR'S Work dependsupon proper executionor results ofthe Work ofany other contractor or the OWNER,the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies insuch Work that render it unsuitable for the CONTRACTOR'S Work. 7.3The CONTRACTOR shalldoallcutting,fittingandpatchingof the Work thatmayberequiredtomake itsseveral parts come together properly andfit to receive or be received bysuch other Work.The CONTRACTOR shall not endangerany Work of others bycutting,excavating or otherwise altering their Work andshallonlycut or alter their Work withthe written consent of the CONSULTANT andof the other contractor whose work will be affected. 7.4Ifthe performance ofadditional Work by other contractors or the OWNER is not noted inthe Contract Documents prior tothe execution ofthe Contract writtennotice thereof shall begiventothe CONTRACTOR prior to starting anysuchadditional Work.If the CONTRACTOR believes that the performance ofsuchadditional Work bytheOWNERor others willcausethe CONTRACTOR additional expenseorentitleshimtoanextensionofthe Contract Time,hemaymakea claim therefore as provided in Articles 11 and 12. 7.5 Where practicable,theCONTRACTOR shall build aroundthe work of other separate contractors or shall leavechases,slotsandholesasrequiredtoreceiveandtoconceal within thegeneralconstruction Work theworkofsuch other separate contractors asdirectedbythem.Where suchchases,slots,etc., areimpracticable,the Work shallrequirespecificapprovalof the CONSULTANT. 7.6Necessarychases,slots,andholesnotbuiltorleftbytheCONTRACTOR shall becutbytheseparate contractor requiringsuch alterations afterapprovalofthe CONTRACTOR.The CONTRACTOR shall do all patching and finishing oftheworkofothercontractorswhereitiscutbythemandsuch patching and finishing shallbeat the expense ofCONTRACTOR 7.7 Cooperation is required in the useofsitefacilitiesandin the detailed execution of the Work.Each contractor shall coordinate their operationwith those ofthe other Contractors for the best interest of the Work in order to prevent delayinthe execution thereof. 7.8 Each ofseveralcontractorsworkingontheProjectSite shall keep themselves informedoftheprogressof theworkofothercontractors.Should lack ofprogressor defective workmanship onthepartofother contractorsinterferewiththe CONTRACTOR'S operations,theCONTRACTOR shall notify the CONSULTANT immediately andin writing.Lack ofsuchnoticetothe CONSULTANT shall be construedasacceptancebythe CONTRACTOR ofthestatusoftheworkof other contractorsas being satisfactory for proper coordination of CONTRACTOR'S own Work. 7.9ThecostofextraWork resulting from lack of notice,untimely notice,failure torespondto notice, Defective Work or lack of coordination shall be the CONTRACTOR'S cost Page 15 of28 ©Thomas F.Pepe2014. 4/17/14 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deducting the costfromtheContract Price without violating theintentoftheContract ARTICLE 8 -CITY'S RESPONSIBILITIES. 8.1 The CITY will issue all communications tothe CONTRACTOR through the CONSULTANT. 8.2 In cases oftermination of employment ofthe CONSULTANT,the CITY will appoint a CONSULTANT whosestatusunder the Contract Documents shall bethatoftheformer CONSULTANT. 8.3 The CITY shall promptly furnish thedata required ofthem under theContract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions ofthe Work,notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired;but such taking possession and use shall notbe deemed an acceptanceofany Work notcompletedinaccordancewiththeContractDocuments. ARTICLE 9 -CONSULTANTS'STATUS DURING CONSTRUCTION. City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period.The duties and responsibilities and the limitations ofauthority ofthe CONSULTANT as the CITY'S representative during constructionaresetforthinArticles I through 16 oftheseGeneralConditionsand shall notbeextended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision,in matters relating to aesthetics,shall be final,ifwithin theterms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract all claims,counterclaims,disputes and other mattersin question between the CITY andthe CONSULTANT arising outofor relating tothis Contractorthe breach thereof,shall be decided in acourtof competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits tothe site at each phase of constructiontoobservetheprogressand quality oftheexecuted Work andtodetermineifthe Work is proceeding in accordance with the Contract Documents.His efforts shall be directed toward providing assurance forthe OWNER and all applicable regulatory agencies that construction is in compliance with theConstruction Documents and applicable laws,rules and regulations.Onthe basis oftheseonsite- observations asan experienced and qualified design professional,he shall keepthe CITY informed ofthe progressofthe Work and shall guard theOWNER against defectsand deficiencies intheWorkof CONTRACTOR. Clarificationsand Interpretations: 9.3 The CONSULTANT shall issue,with reasonable promptness,such written clarifications or interpretations oftheContract Documents (in the form of Drawings or otherwise)asit may determine necessary,which shall beconsistentwith,or reasonably inferable from,theoverallintentofthe Contract Documents.If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Timebasedona written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed undertheContract shall be measured bythe CONSULTANT according tothe United States Standard Measures.All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5The CONSULTANT shall haveauthorityto disapprove orrejectWorkthatis "Defective Work"as defined in Article I.It shall also have authority torequire special inspection ortestingoftheWork including Work fabricatedonoroffsite,installed orcompletedas provided.In theeventthatthe CONSULTANT requirestestingof completed Work,thecostofsuch inspections and/ortesting shall be approvedinwritingbythe CITY.All consequential costofsuchinspectionsandtesting,including butnot limited tothecostoftestingand inspection,thecostofrepairinganyoftheWork,ortheworkofothers, Page 16 of28 ©ThomasF.Pepe2014. 4/17/14 thecosttomovefurnitureandequipmentand/orthecosttoprovidealternative facilities untiltherepair work canbe completed,shallpaidby the CONTRACTOR if the Work isfoundtobeDefective Work. ShopDrawings.Change Orders andPayments: 9.6 In connectionwiththe CONSULTANT responsibility astoShop Drawings and samples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In connectionwiththe CONSULTANT'S responsibility forChange Orders seeArticles 10,II,and 12. 9.8 In connectionwiththe CONSULTANT responsibilities withrespecttothe Application for Payment,etc., see Article 14. Decisionson Disagreements: 9.10 The CONSULTANT shall bethe initial interpreter oftheConstructionDocuments. Limitationson Consultant's Responsibilities: 9.11 The CONSULTANT will notbe responsible fortheconstruction means,methods,techniques,sequences or procedures,or the safetyprecautionsandprogramsincident thereto. 9.12 The CONSULTANT will notbe responsible fortheactsor omissions ofthe CONTRACTOR,orany Subcontractors,oranyoftheiragentservantsor employees,or any other person performing anyofthe Work under or through them. ARTICLE 10 -CHANGES IN THE WORK. 10.1 Without invalidating theContract,the CITY may,atanytimeorfromtimetotime,order additions, deletionsor revisions inortothe Work which shall onlybeauthorizedbyawritten Change Orders. UponreceiptofaChangeOrder,the CONTRACTOR shall proceedwiththeWork involved.All such Work shall be performed underthe applicable conditions oftheContract Documents.If any authorized written Change Order causesan increase or decrease in the Contract Price or an extension or shortening oftheContract Time,an equitable adjustment will be made as provided in Article 11 or Article 12.AwrittenChange Order signed bythe CITY andtheCONTRACTOR indicates their agreementtothetermsofthe Change Order.All Change Orders shall be certified by the CONSULTANT astothe appropriateness and value ofthe change in theWorkas well asto any change in the timeto complete the Work under thecircumstances.Thefailure to includeatime extension in the Change Orderor in therequestfora change order shall result in a waiver of any extension of time duetothe change intheworkas reflected inthe Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in theWorknot involving extracost and not inconsistent with the overall intent of the Contract Documents without the need for aformal written Change Order provided the CONTRACTOR doesnotrequest additional timeor additional compensation.Thesemaybeaccomplishedbya written Field Order.If the CONTRACTOR believes thatany change oralterationauthorizedbythe CONSULTANT'S Field Order wouldentitlesthe CONTRACTORtoanincreaseintheContractPriceorextensionof Contract Time,itmustsubmita written notice ofintentto demand a Change Order within twentyfour (24)hoursofthe issuance ofthe Field Order and submit a written proposal for Change Order within four (4)days thereafter,otherwise the CONTRACTOR shallbe deemed to havewaived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization ofa written Change Order shall not entitle itto an increase in the Contract Price or an extension ofthe Contract Time,except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work,tobe performed as provided in paragraph 4.4,and Work performed in an emergency as provided in paragraph 6.22 and any other claim ofthe CONTRACTOR fora change in the Contract Time ortheContractPrice which isapprovedbythe CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of theWorkor change in the Contract Price or Contract Time and the amount ofthe applicable bonds shall be adjusted accordingly.The CONTRACTOR shall furnish proofof such an adjustment tothe CITY before commencement ofthe Change Order Work.TheWork 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 11 -CHANGE OF CONTRACT PRICE. Page 17 of 28 ©ThomasF.Pepe2014. 4/17/14 11.1 The Contract Price constitutes the total compensation payable tothe CONTRACTOR for Performing theWork.All duties,responsibilities and obligations assigned toor undertaken bytheCONTRACTOR shall beatits expense without changing theContract Price. 11.2 The CITY may,at any time,without written notice tothe sureties,by written order designated or indicated tobea Change Order,make any change intheWork within the general scopeofthe Contract, including but not limitedto changes toor in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Methodormannerofperformanceofthe Work. 11.2.3 CITY-furnished facilities,equipment materials,services,orsite;or 11.2.4 Accelerationintheperformanceofthe Work. 11.3 Exceptasprovidedinthissection,orsectionsreferredtointhissection,noorder,statement orconduct ofthe CITY shall be treated asa Change Orderor entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in awritten ChangeOrder,orasotherwiseprovidedinanothersectionoftheContractDocuments. 11.4 Whena Change Orderis issued bythe CONSULTANT and signed bytheCITYor issued bytheCITYin writing,the CONTRACTOR shall perform the Work eveniftheCONTRACTORdoesnot agree with the dollar amountofthe Change Order.Ifany Change Order causes an increase or decrease inthe CONTRACTOR'Scostof,orthetime required for,the performance of any part oftheWorkunderthis Contractfor which the CITY and theCONTRACTOR cannot reach a timely agreement,an equitable adjustment based onthecostofthe Work shall be made and theContract modified accordingly. 11.5 Ifthe CONTRACTOR intends toasserta claim foran equitable adjustmentorcontestthe equitable adjustment madebytheCONSULTANT,it shall,withinten (10)calendar days afterreceiptofawritten Change Order,submittotheCITY and CONSULTANT awrittennotice including astatement setting forththe general nature and monetaryextentofsuch claim for equitable adjustmenttimeextension requestedandsupporting data.In determining thecostoftheChangeOrder,thecosts shall belimitedto those listed in section 11.7 and 11.8. 11.6 No claim by the CONTRACTOR foran equitable adjustmenthereunder shall beallowedifnotsubmitted in accordance withthissectionorifassertedafter final paymentunderthisContract. 11.7 The value ofany Work coveredbya Change Orderorofany claim foran increase ordecreaseinthe Contract Price shall be determined inoneofthe following ways: 11.7.1 By negotiated lumpsum. 11.7.2 Onthe basis ofthe reasonable costand savings thatresultsfromthe change inthe Work plus a mutuallyagreeduponfeetothe CONTRACTOR tocoveroverheadandprofitnottoexceed 15%.If the CONTRACTOR disagrees with the CONSULTANTS determinationofreasonable costs,the CONTRACT shall providealistof all costs together withbackup documentation 11.8 Thetermcost ofthe Work meansthesumof all directextracosts necessarily incurred and paid bythe CONTRACTOR intheproper performance ofthe Change Order.Exceptasotherwisemaybe agreed toinwritingbyCITY,suchcosts shall beinamountsnohigherthanthose prevailing in Miami-Dade County and shall includeonlythe following items: 11.8.1 Payroll costsforemployeesinthedirectemployof CONTRACTOR intheperformanceofthe Work describedintheChangeOrderunderschedulesofjob classifications agreeduponbyCITY and CONTRACTOR.Payroll costsforemployeesnotemployed full timeon the Work shall be apportioned on the basis of theirtime spent onthe Work.Payroll costs shall belimitedto: salaries andwages,plus the costsof fringe benefitswhich shall includesocialsecurity contributions,unemployment exciseand payroll taxes,workers'compensation,healthand retirement benefits,sickleave,vacationandholidaypay applicable thereto.Suchemployees shall include superintendents andforemenat the site.The expenses ofperforming Work after regular workinghours,onSundayor legal holidays shall beincludedintheaboveonlyifauthorizedby CITYandprovideditwasnotinanyway,whether inwholeorinparttheresultofthe fault ofthe CONTRACTOR due to negligenceof the CONTRACTOR or those actingbyorthroughhimor duein whole or inpart to Defective Work ofthe CONTRACTOR. 11.8.2 Cost of all materialsand equipment furnishedandincorporatedinthe Work,includingcostsof transportation andstorage,andmanufacturers'field servicesrequiredin connection therewith. The CONTRACTOR shall notifytheCITYof all cashdiscountsthatare available andofferthe CITY the opportunity to deposit fundswith the CONTRACTOR for the payment foritemsthat offer a discount.Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY ofthe discountsorif the OWNER deposits fundswith CONTRACTOR withwhich to makepaymentsinwhichcases the cashdiscounts shall accrue to the OWNER.All trade discounts,rebates andrefunds,andall returns fromsale of surplusmaterialsand equipment Page 18 of 28 ©ThomasF.Pepe2014. 4/17/14 shall accrue to OWNER,and CONTRACTOR shallmakeprovisionsso that theymaybe obtained. 11.8.3 Paymentsmadeby CONTRACTOR to the Subcontractors for Work performed by Subcontractors.If required by CITY,CONTRACTORshallobtaincompetitivebidsfrom Subcontractors acceptable tohimandshalldeliversuchbidstoCITYwhowill then determine, with the advice ofthe CONSULTANT,whichBids will be accepted.No subcontract shallbea cost plus contract unless approved inwritingby the CITY:Ifa Subcontract provides that the Subcontractor is to bepaidonthebasisof Cost of Work plusafee,the cost ofthe Work shallbe determined in accordance this section 11.8 and in such case the word "Subcontractor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentalsofall construction equipmentand machinery,except handtools,andtheparts thereof whether rented from CONTRACTOR or others in accordance withrental agreements approvedby CITY withtheadviceof CONSULTANT,andthecostsof transportation,loading, unloading,installation,dismantlingandremoval thereof -allin accordance with terms ofsaid rentalagreements.Therentalofanysuchequipment,machinery or partsshallceasewhen the use thereof isnolongernecessaryforthe Work. 11.8.5 Sales,use or similar taxesrelatedtotheWork,andforwhichCONTRACTORis liable,imposed byany governmental authority. 11.8.6 Paymentsandfeesforpermitsand licenses.Costsforpermitsandlicensesmustbeshownasa separate item. 11.8.7 Thecostof utilities,fuelandsanitary facilities atthesite. 11.8.8 Minorexpensessuchastelegrams,longdistancetelephone calls,telephoneserviceatthesite, expressage andsimilar petty cashitemsin connection with the Work. 11.8.9 Costof premiums for additional Bonds and insurance required solely becauseof changes inthe Work,nottoexceedtwo percent (2%)ofthe increaseinthe Cost ofthe Work. 11.9 Theterm Cost ofthe Work shall NOT include anyofthe following: 11.9.1 Payroll costsandother compensation of CONTRACTOR'S officers,executives,principals (of partnershipandsole proprietorships),general managers,engineers,architects,estimators,lawyers, agents,expediters,timekeepers,clerksand other personnelemployedbyCONTRACTOR whether atthesiteorinits principal orabranch office forgeneral administration ofthe Work andnot specifically included intheschedulereferredtoin Subparagraph 11.5. 11.9.2 ExpensesofCONTRACTOR'S principal andbranch offices other thanitsofficeatthesite. 11.9.3 Any partof CONTRACTOR'S capital expenses,including intereston CONTRACTOR'S capital employed forthe Work and charges against CONTRACTOR fordelinquent payments. 11.9.4 Costof premiums for all bondsandfor all insurance policies whetherornot CONTRACTOR is requiredbythe Contract Documentstopurchaseand maintain thesame(exceptasotherwise providedinSubparagraph 11.8.9). 11.9.5 Costsduetothe negligence of CONTRACTOR,any Subcontractor,or anyone directly or indirectly employed byanyofthemorforwhoseartsanyofthem may be liable,including butnot limited to,the correction of defective work,disposal of materials or equipment wrongly supplied and making goodanydamagetoproperty. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically andexpresslyincludedinParagraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR forits overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price;orifnone can beagreed upon. 11.10.2 A mutually acceptable fixed percentage (notto exceed 15%). 11.11 The amount ofcredittobe allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost willbe the amount ofthe actual net decrease in costs calculated in the same manneras provided in 11.8.Whenboth additions and credits are involved in any one change,thenet shall be computed to include overhead and profit identified separately,forboth additions and credit, provided however,the CONTRACTOR shall notbe entitled to claim lost profits foranyWorknot performed. ARTICLE 12 -TIME FOR COMPLETION.LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is ofthe essence to this contract and the date of beginning and the time for completion oftheWork are essential conditions ofthe Contract Therefore,theWork shall be commenced onthedate specified intheNoticeto Proceed and completed within thetime specified for completion ofthe work. Page 19 of 28 ©ThomasF.Pepe2014. 4/17/14 12.2 The CONTRACTOR shall proceed with theWorkat such rateof progress to ensure full completion within theContract Time.Itis expressly understood and agreed,by and between the CONTRACTOR andthe OWNER,thattheContract Time forthe completion oftheWork described herein isa reasonabletime,taking into consideration the average climatic and economic conditions and other factors prevailing inthe locality ofthe Work.No extension oftime shall be granted due conditions that the Contractor knew ofor should have known ofbefore bidding onthe project ordueto inclement weather, except as provided in section 12.7. 12.3 Ifthe CONTRACTOR shall fail tocompletetheWork within theContractTime,or extensionoftime grantedbythe CITY,thenthe CONTRACTOR shall pay tothe OWNER theamountof liquidated damages as specified intheContract Documents for each calendar day afterthe scheduled datefor completion as adjusted bywritten Change Ordersthatextendedthe completion date. 12.3.1 These amounts arenot penalties butare liquidated damages incurred bythe OWNER forits inability to obtain full use ofthe Project.Liquidated damages arehereby fixed andagreedupon between the parties,recognizing the impossibility of precisely ascertaining theamountof damages that will be sustained asaconsequenceof such delay,andboth parties desiring toobviateany questionordisputeconcerningtheamountofsaiddamagesandthe cost andeffectof the failure of CONTRACTOR tocompletetheContractontime.The above-stated liquidated damages shall applyseparatelytoeachphaseoftheProjectforwhichatimeforcompletionis given. 12.3.2 CITY isauthorizedtodeductthe liquidated damages from monies duetoCONTRACTORforthe Work under this Contract 12.4 TheContractTime may onlybe changed byawritten Change Order.Any claim foranextensioninthe CONTRACT TIMEshall be based on written notice delivered to the CITY and CONSULTANT within five (5)business days ofthe occurrence ofthe event giving risetothe claim and stating thegeneralnature ofthe claim including supportingdata.All claims foradjustmentinthe Contract Time shall beevaluated andrecommendedbythe CONSULTANT,with final approval bythe CITY'S representative.Anychange inthe Contract Timeresultingfromanysuch claim-shall beincorporatedinawrittenChange Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract 12.6 No claim fordelay shall be allowed becauseof failure to furnish Drawings beforethe expiration of fourteen (14)calendardaysafterdemandhasbeenmadeinwritingtothe CONSULTANT forsuch Drawings.Furthermore,there shall benomonetarycompensationforsuchdelayandthe CONTRACTOR'S soleremedy shall beanextensionoftimefortheperiodof delay. 12.7 Extensions tothe Contract Timefor delays causedbytheeffectsof inclement weather shall notbe granted unlessthe weather wasunusualforSouthFloridaandcouldnothavebeenanticipated,the abnormal weather is documented by records fromthenational weather serviceandtheabnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 NoDamagesfor Delay:TheCONTRACTORagreesthathe shall nothaveany claim fordamagesdueto delayunless the delay exceeds 6months,whether individually or cumulatively,andthenthedamages shall belimited to increased cost ofmaterials that were unanticipatedandthatwouldnothavebeenincurred butforthe delay.Other thanassetforthabove,theonlyremedyforanydelay shall be limited to an extension oftimeasprovidedforinSection 12.4 whichshallbethesoleandexclusiveremedyforsuch resulting delay.Other than as set forthabove,CONTRACTOR shall not be entitled toan increase in the Contract Price or payment or compensationofanykindfromOWNERfor direct indirect consequential, impact or other costs,expenses or damages,including but not limitedto,costs ofacceleration or inefficiency,overhead or lost profits,arisingbecauseofdelay,disruption,interference orhindrancefrom anycause whatsoever,whether suchdelay,disruption,interference or hindrancebereasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable. 12.9 The CONTRACTOR waivesall claims that arenot presented totheCityinwritingon or beforethe 21st dayfollowingthedateof the event uponwhichtheclaimisbased. 12.10 Dispute Resolution:Ifanydisputeconcerningaquestionoffactarisesunderthe Contract other than termination fordefault or convenience,the CONTRACTOR andthecity department responsibleforthe administration ofthe Contract shallmakeagoodfaith effort to resolvethe dispute.Ifthe dispute cannot be resolved by agreement then the department with the adviceoftheCity Attorney and the CONSULTANT shallruleon the disputed issueandsenda written copyofitsdecision to the CONTRACTOR.CONTRACTOR shallcomplywithsuchdecisionandshall not delay the project. ARTICLE 13-GUARANTEE. 13.1 The CONTRACTOR shallguaranteeand unconditionally warrant through either themanufacturerorthe CONTRACTOR directly,allmaterialsand equipment furnishedand Work performed for patent Defective Work fora period ofone (I)yearfrom the dateof Final Acceptanceasindicatedin the Page20of28 ©Thomas F.Pepe2014. 4/17/14 CONSULTANT Letter ofRecommendationofAcceptanceorfromthedatewhenthedefectwasfirst observable,whichever islater.Thesame guarantee andunconditional warranty shallbe extend for five (5)yearsfromthedateof Final AcceptanceasindicatedintheCONSULTANT Letter of RecommendationofAcceptancefor latent Defective Work.The CITY willgivenoticeof observed defectswithreasonable promptness.In the eventthatthe CONTRACTOR should fail to commence to correct suchDefective Work withinten (10)calendardaysafter having receivedwrittennoticeofthe defect or should the CONTRACTOR commence the corrective work,but fail to prosecute the corrective work continuouslyand diligently andin accordance withthe Contract Documents,applicable law,rulesandregulations,theCITYmaydeclareaneventofdefault terminate the Contract inwholeor in part andcause the Defective Work to beremoved or corrected and to complete the Work at the CONTRACTOR'S expense,and the CITYshallcharge the CONTRACTOR the cost thereby incurred. The Performance Bondshallremaininfull force andeffect through the guarantee period. 13.2 Thespecific warranty periods listedin the Contract Documents,ifdifferentfromtheperiodof time listed inSection 13.1,shalltake precedence over Section 13.1. 13.3 CONTRACTOR shallactas agent onalimitedbasisfortheOWNER,at the CITY'soption,solelyfor the follow-up concerning warrantycomplianceforallitemsunder manufacturer's Warranty/Guarantee andfor the purpose ofcompletingallformsfor Warranty/Guarantee coverage under this Contract. 13.4 Incaseofdefaultby the CONTRACTOR,the CityofSouth Miami may procure the articles or services from other sources andhold the CONTRACTOR responsible forany excess costs occasioned or incurred thereby. 13.5 TheCITYmay withhold acceptance of,or reject itemswhicharefounduponexamination,not to meet the specification requirements.Upon written notificationofrejection,itemsshallbe removed withinfive (5)businessdaysby the CONTRACTOR athisown expense and redelivered athisexpense.Rejected goodsleftlongerthanthirty(30)calendardays shall beregardedasabandonedandtheCityshallhavethe right to dispose of them asitsown property and the CONTRACTOR thereby waivesanyclaim to the good or to compensation ofanykind.Rejectionfor Non-conforming Work or failureto meet delivery schedules may result in the Contract beingfoundin default ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 The Contractor shallnotbeentitledtoanymoneyforany work performedbeforetheissuanceofa NoticetoProceedontheformdescribedinthe Contract Documentsand the issuanceby the Cityofa "purchase order",or any other document doesnotandshallnot authorize the commencement ofthe Work.Atleastten (10)calendardaysbeforeeachprogresspayment falls due(butnotmoreoftenthan onceamonth),the CONTRACTORshallsubmittotheCONSULTANTapartialpaymentestimate filled outandsignedbytheCONTRACTORcoveringthe Work performedduringtheperiodcoveredbythe partialpaymentestimateand supported bysuchdataastheCONSULTANTmayreasonablyrequire.All progress paymentapplicationsafter the firstprogresspaymentshallbeaccompaniedbypartialreleasesof lien executed byallpersons,firmsand corporations whohavefurnishedlabor,services or materials incorporated into the work duringtheperiodoftimeforwhichthepreviousprogresspaymentwasmade, releasingsuchclaimsandlienrights,ifany,ofthosepersons.Ifpaymentis requested on the basisof materialsandequipmentnotincorporatedinthe Work butdeliveredand suitably storedatornearsite, the partial paymentestimate shall alsobe accompanied bysuchsupportingdata,satisfactorytothe CITY, whichestablishes the OWNER'Stitle to thematerialandequipmentaswellascertificatesofinsurance providing coveragefor 100%ofthe valueofsaidmaterialandequipmentcoveringthematerialand equipmentfrom all casualties aswellas theft,vandalism,fireand flood.TheCONTRACTOR shall replace atits expense any stored materialspaidforwhichare either damaged or stolenbeforeinstallation.The CONSULTANT will within ten (10)calendar days afterreceiptofeach partial payment estimate,either certifying inwritingits approval ofpaymentandpresentthe partial paymentestimatetotheOWNER,or returnthe partial payment estimate tothe CONTRACTOR,indicating in writing hisreasonsfor refusing toapprovepayment.Inthelattercase,theCONTRACTORmaymake the necessary corrections and resubmitthepartialpaymentestimate.TheOWNER,will withinthirty(30)calendardaysofpresentation toitofanyapproved partial payment estimate,pay the CONTRACTOR aprogress payment onthe basis ofthe approved partial payment estimate.The OWNER shall retainten (10%)percent ofthe amountof eachpayment until Final Completionand Acceptance of all WorkcoveredbytheContract Documents. Any interest earnedontheretainage shall accruetothebenefitoftheOWNER. 14.2 TheCONTRACTOR,beforeit shall receive final payment shall delivertothe CITY a Contractor's Final Payment Affidavitas set forth in the Florida Construction Lien Statute aswellasfinal releases oflien executedby all personswhohaveperformedor furnished labor,services or materials,directlyor Page 21 of28 ©ThomasF.Pepe2014. 4/17/14 indirectly,which was incorporated intotheWork.If any person refuses to provide such a release or provides a conditional release,the CITY shall have the right to issue a joint check made payable tothe CONTRACTOR andsuchperson. Contractor'sWarrantyofTitle 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 totheOWNER prior tothe making ofthe Application for Payment,free and clear of all liens,claims,security interest and encumbrances (hereafter inthese General Conditions referred to as "Liens");and thatnoWork,materials or equipment covered by an Application for Payment will have been acquired bytheCONTRACTORorby any other person performing theWorkatthesiteor furnishing materials and equipment for the Project under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained bythe seller or otherwise imposed bythe CONTRACTOR orsuchotherperson. Approval of Payment 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a representation byhim to the CITY,basedon the CONSULTANT'S onsite observations ofthe Work in progress asanexperienced professional and onhisreview ofthe Application for Payment and supporting data,thatthe Work has progressed tothe point indicated in the Application for Payment;thattothe best his knowledge,information and belief,the quality ofthe Work isin accordance withtheContract Documents (subject to an evaluation ofthe Workasa functioning Project upon substantial completion as defined in Article I,tothe results of any subsequent tests called for in the Contract Documents and any qualifications statedin his approval);and thattheCONTRACTORis entitled to payment ofthe amount approved.However,by approving,any such payment the CONSULTANT shall nottherebybedeemed to have represented thathe made exhaustive or continuous on-site observations tocheckthe quality or the quantity oftheWork,orthathehas reviewed the means,methods,techniques,sequencesand procedures of construction orthathe had made any examination to ascertain howorforwhat purpose the CONTRACTOR hasusedthemoneys paid ortobe paid tohimonaccount ofthe Contract Price,or thattitletoanyWork,materials,or equipment has passed totheOWNER free and clear ofany liens. 14.5 TheCONTRACTOR shall makethe following certification on each request for payment "Iherebycertifythatthe labor and materials listed onthisrequestfor payment have beenusedinthe construction ofthis Work andthat all materials included inthisrequestfor payment andnotyet incorporated intotheconstructionarenowonthesiteorstoredatan approved location,andpayment receivedfromthelastrequestforpayment has beenusedtomakepaymentsto all hisSubcontractors and suppliers,except fortheamounts listed belowbesidethenamesofthepersonswhoperformed work or suppliedmaterials". In theeventthatthe CONTRACTOR withholdspaymentfromaSubcontractoror Supplier,thesame amountofmoney shall be withheld fromtheCONTRACTOR'S payment until theissueis resolved by written agreement between them andthenajointcheck shall bemade payable tothepersoninquestion andthe CONTRACTOR in accordance withthesettlementagreement otherwise themoney shall be heldbythe OWNER untilajudgmentisenteredinfavorofthe CONTRACTOR or the person,inwhich casethemoney shall be paid accordingwith said judgment.Nothingcontainedherein shall indicatean intenttobenefitanythirdpersonswhoarenot signatories totheContract. 14.6 The CONSULTANT mayrefuse to approvethewholeoranypartofanypayment if,initsopinion,itis unabletomakesuchrepresentations to the OWNER asrequiredthisSection 14.Itmayalsorefuseto approveany payment oritmayvoidanypriorpayment application certificationbecause of subsequently discoveredevidenceortheresultsofsubsequentinspectionorteststosuch extent asmaybenecessary inits opinion to protect the OWNER fromloss because: 14.6.1 ofDefective Work,orcompleted Work hasbeen damaged requiring correctionorreplacement 14.6.2 the Work forwhichpaymentisrequestedcannotbe verified, 14.6.3 claims of Lienshavebeen filed orreceived,or there isreasonableevidence indicating theprobable filing or receipt thereof, 14.6.4 the Contract Pricehas been reduced because of modifications, 14.6.5 theCITYhas correct Defective Work orcompletedthe Work inaccordancewithArticle 13. 14.6.6 ofunsatisfactoryprosecution ofthe Work,including failure tocleanupasrequiredby paragraphs 6.29 and 6.30, Page 22 of 28 ©Thomas F.Pepe2014. 4/17/14 14.6.7 of persistent failureto cooperate with other contractors on the Projectand persistent failureto carry out the Work in accordance with the Contract Documents, 14.6.8 ofliquidateddamagespayablebythe CONTRACTOR,or 14.6.9 ofany other violationof,or failuretocomplywithprovisionsof the Contract Documents. 14.7 Prior to Final Acceptance the OWNER,withtheapprovalof the CONSULTANT,mayuseany completed or substantially completed portions ofthe Work providedsuchuse does not interfere with the CONTRACTOR'S completion ofthe Work.Suchuseshall not constitute an acceptance ofsuch portions of the Work. 14.8 TheCITYshallhave the rightto enter thepremisesforthepurposeofdoing Work not covered bythe Contract Documents.Thisprovisionshallnotbe construed asrelieving the CONTRACTOR ofthe sole responsibilityfor the careand protection ofthe Work,or the restoration ofanydamaged Work except suchasmaybe caused byagents or employees of the OWNER. 14.9 Upon completion and acceptance ofthe Work the CONSULTANT shallissuea Certificate attached to the Final ApplicationforPayment that the Work hasbeenacceptedbyit under theconditionsof the Contract Documents.The entire balancefound to bedue the CONTRACTOR,including the retained percentages,but except suchsumsasmaybe lawfully retainedby the OWNER,shallbepaidto the CONTRACTOR withinthirty(30)calendardaysofcompletionand acceptance ofthe Work. 14.10 UponThe awarded CONTRACTOR willbestrongly encouraged to register asanePayables Vendor with the Owner.The BankofAmericaePayablesSolutionisan automated card payment process that shifts accounts payable disbursements to corporate purchasingcards.ePayables,streamline the process of makingpaymentstoyourorganizationgoingforward,the City will provide the CONTRACTOR witha credit card account number tokeepon file.Thiscardhasunique security features,with$0ofavailable fundsuntilaninvoiceisapprovedfor payment Afteraninvoicehasreceived proper and complete approval,an electronic remittance advice willbe sent viae-mail,or fax,which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listedontheinvoice and/or remittance email.PleaserefertotheePayables Questions &AnswersForm containedinthisRFP or contact the OWNER'SFinance department at(305)663-6343withanyquestions. Acceptance of Final Payment asRelease 14.11 TheAcceptancebythe CONTRACTOR of Final Payment shall beandshall operate asareleasetothe OWNERandawaiverofall claims and all liability totheCONTRACTOR other than claims previously filed andunresolved.Thewaiver shall include all thingsdone or furnishedinconnectionwiththe Work andforeveryactandneglectoftheOWNERand others relating toorarisingoutofthisWork.Any payment,however,final orotherwise,shall notreleasetheCONTRACTORoritssuretiesfromany obligations under the Contract DocumentsorthePerformanceBondandPaymentBonds. 14.12 TheCONSULTANTmayvoidany certification of Substantial Completionor Final Completion ofthe Work asmaybenecessaryinhisopinionto protect theOWNERfromlossifhe determines,becauseof subsequentlydiscoveredevidence or theresultsof subsequent inspection or tests,that 14.12.1 the Work is defective,or thatthecompleted Work hasbeendamagedduetothefaultofthe CONTRACTORorany individual orentityoperatingunderorthroughitrequiringcorrection or replacement tothe extent thatthe project isnolongerSubstantiallyCompleted,or inthe caseof Final Completion certification,isnolonger Finally Competed. 14.12.2 the Work necessarytobecompletedforthepurposeof certifying theworkasbeing Substantially Completedor Finally Completedcannotbeverified, 14.12.3 claims or Liens havebeen filed or received,orthereisreasonableevidence indicating the probable filing orreceiptthereof that if valid and paid,wouldreducetheamountowingtothe CONTRACTOR BY 20%inthecaseof Substantial Completionand 5%inthecaseof Final Completion. 14.12.4 thereis Defective Workthe value of which,ifdeductedfromthecontractpricewouldreduce theamountowingtothe CONTRACTOR BY 20%inthecaseof Substantial Completionand 5% in the caseof Final Completion. 14.13 Ifthe CONSULTANT de-certifies anyportionoftheWorkthatwas certified ("Initial Certification")by the CONSULTANT,the CONTRACTOR shall repaytotheCityofSouth Miami anymoney paid asa resultof said Initial Certification being issued which shall be paid only whenthe decertified workisre certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The CITY may,at any timeandwithout cause,suspend theWorkoranyportionthereoffora period of notmorethanninety(90)calendardaysbynoticeinwritingtotheCONTRACTORandthe Page23of 28 ©ThomasF.Pepe2014. 4/17/14 CONSULTANT,which shallfix the dateon which Work shallbe resumed.The CONTRACTOR shallbe allowed an increase inthe Contract Price or an extension ofthe Contract Time,orboth,directly attributable toany suspension andifa claim istimelymade and ifitis allowed underthetermsofArticles 11 or Article 12. CityMay Terminate 15.2 IftheCONTRACTORis adjudged bankrupt or insolvent orifhe makes a general assignment for the benefit ofits creditors,orifatrusteeor receiver is appointed for the CONTRACTOR or for any its property,orifhe files a petition totake advantage of any debtor's actorto reorganize under bankruptcy or similar laws,orifherepeatedly fails tosupply sufficient skilled workmen or suitable materials or equipment orifherepeatedly fails tomakeprompt payments toSubcontractorsorfor labor,materials or equipmentorhe disregards laws,ordinances,rules,regulations orordersofany public body having jurisdiction,orifhe disregards the authority ofthe CONSULTANT,orifheotherwise violates any provision of,theContract Documents,thentheCITY may,without prejudice toanyother right or remedy and after giving theCONTRACTORandtheSuretyseven (7)calendar days writtennotice, terminatetheservices ofthe CONTRACTOR andtake possession ofthe Project andof all materials, equipment tools,constructionequipmentand machinery thereonownedbythe CONTRACTOR,and finish the Work bywhatevermethoditmaydeemexpedient.In suchcasethe CONTRACTOR shall not be entitled toreceiveanyfurther payment until the Work is finished.Ifthe unpaid balance ofthe Contract Price exceedsthedirect and indirect costsof completing the Project including compensation for additional professional services,suchexcess shall be paid tothe CONTRACTOR.Ifsuchcosts exceedsuch unpaid balance,the CONTRACTOR ortheSuretyonthe Performance Bond shall paythe difference totheOWNER.Suchcosts incurred bytheOWNER shall bedeterminedbythe CONSULTANT andincorporatedina Change Order. Ifafter termination ofthe CONTRACTOR underthis Section,itisdeterminedbyacourtofcompetent jurisdiction foranyreasonthatthe CONTRACTOR wasnotindefaultthe rights and obligations ofthe OWNER andthe CONTRACTOR shall bethesameasifthetermination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have beenso terminated bytheCITY said termination shall not affectanyrights ofthe OWNER against the CONTRACTOR thenexistingorwhichmaythereafter accrue.Any retention orpaymentofmoneysbythe OWNER due the CONTRACTOR shall notrelease the CONTRACTOR from liability. 15.4 Uponseven(7)calendardays written noticetothe CONTRACTOR andthe CONSULTANT,theCITY may,without causeand without prejudice toanyotherrightorremedy,electtoterminatetheContract fortheconvenience ofthe OWNER.In suchcase,the CONTRACTOR shall be paid for all Work executed andacceptedbytheCITYas ofthe date ofthe termination,minusanydeductionfor damage or Defective Work.Nopayment shall bemadeforprofitfor Work whichhasnotbeenperformed. 15.4A TheCITYreservestherightinthe event the CONTRACTOR cannotprovideanitem(s)orservice(s)ina timelymannerasrequested,to obtainthegoodand/orservicesfrom other sourcesanddeductingthe cost fromthe Contract Price without violating theintentofthe Contract Removal of Equipment 15.5 Inthecaseofterminationofthis Contract beforecompletionforanycausewhatever,the CONTRACTOR,ifnotified to dosoby the,CITY,shall promptiy remove anypartor all ofits equipment andsuppliesfrom the property ofthe OWNER.Shouldthe CONTRACTOR not remove such equipment andsupplies,the CITY shall have the rightto remove them at the expense of the CONTRACTOR andthe CONTRACTOR agreesthatthe OWNER shall not be liable forlossordamage to such equipment orsupplies.Equipmentandsupplies shall not be construed toincludesuchitemsfor whichthe CONTRACTOR hasbeen paid inwholeorinpart. Contractor MayStop Work or Terminate 15.6 If,throughnoactorfaultof the CONTRACTOR,the Work is suspended foraperiodof more than ninety(90)calendardaysby the CITYorby order of other publicauthority,orunderanorderof court orthe CONSULTANT fails to actonanyApplicationforPaymentwithinthirty(30)calendardaysafterit issubmitted,or the OWNER fails topaythe CONTRACTOR anysumapprovedby the CONSULTANT, withinthirty(30)calendardays of itsapproval,andpresentation,thenthe CONTRACTOR may,upon twenty (20)calendardays written notice to the CITYandthe CONSULTANT,terminate the Contract. Page 24 of 28 ©Thomas F.Pepe2014. 4/17/14 The CITY mayremedythedelayorneglect within thetwenty(20)calendardaytime frame.If timely remediedbytheCITY the Contract shall notbeconsidered terminated.Inlieuofterminating the Contract,iftheCONSULTANThas failed toactonan Application forPaymentortheOWNERhas failed tomakeanypaymentasaforesaid,theCONTRACTORmayuponten (10)calendardays'notice to the CITY andtheCONSULTANTstopthe Work untilithasbeenpaid all amountsthendue. Indemnificationof Independent Consultant 15.7 The CONTRACTOR andtheCITYherebyacknowledgesthatiftheCONSULTANTisan independent contractor ofthe OWNER,the CONSULTANT maybereluctanttoruleonanydisputesconcerningthe Contract DocumentsorontheperformanceoftheCONTRACTORortheOWNERpursuanttothe terms ofthe Contract Documents.Therefore,theOWNER,atthe CONSULTANTS request agreesto providethe CONSULTANT withawritten indemnification andholdharmlessagreementto indemnify andholdtheCONSULTANTharmlessastoany decision inthisregardbeforetheCONSULTANTmakes an interpretation,de-certifiesapaymentapplication,decertifiesSubstantial Completion,decertifies Final Completion,certifiesaneventofdefaultorapprovesanyactionwhichrequiresthe approval ofthe CONSULTANT. ARTICLE 16-MISCELLANEOUS. 16.1 Whenever anyprovisionofthe Contract Documentsrequiresthe giving of written noticeit shall be deemed to havebeenvalidlygivenifdeliveredin person to the individual or toa member ofthe firm or toanofficerof the corporation forwhomitisintended,orifdeliveredator sent byregistered or certifiedmail,postageprepaid,to the lastknownbusiness address. 16.2 The Contract DocumentsshallremainthepropertyoftheOWNER.The CONTRACTOR and the CONSULTANT shall havetherighttokeeponerecordset ofthe Contract Documentsuponcompletion of the Project 16.3 ThedutiesandobligationsimposedbytheseGeneralConditions,Special ConditionsandSupplementary Conditions,ifany,andtherightsandremedies available hereunder,and,inparticularbut without limitation,thewarranties,guaranteesand obligations imposedupon CONTRACTOR bythe Contract Documents and the rightsand remedies availableto the OWNER and CONSULTANT thereunder,shall beinadditionto,andshallnotbe construed inanywayasalimitationof,anyrightsandremedies available bylaw,byspecial guarantee or by other provisions ofthe Contract Documents. 16.4 ShouldtheOWNER or the CONTRACTORsufferinjuryordamagetoitsperson or property becauseof any error,omission,or actof the other or ofanyof their employees or agents or others for whose acts they are legally liable,claimshallbemadeinwriting to the other partywithin twenty one (21)calendar daysof the first observance ofsuchinjury or damage. ARTICLE 17 -WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly,irrevocablyvoluntarilyandintentionallywaiveanyright either mayhavetoatrialbyjuryinState or Federal Court proceedingsin respect toanyaction,proceeding, lawsuit or counterclaim arising out ofthe Contract Documents or the performance ofthe Work thereunder. ARTICLE 18 -ATTORNEYS FEES JURISDICTION /VENUE /GOVERNING LAW. 18.1 The Contract shallbe construed inaccordancewithandgovernedbythelaw ofthe StateofFlorida. 18.2 Thepartiessubmitto the jurisdictionofany court of competent jurisdictioninFloridaregardinganyclaim or actionarising out of or relating to the Contract or Contract Documents.Venue ofanyaction to enforcethe Contract shallbein Miami-Dade County,Florida. 18.3 Exceptasmaybe otherwise providedinthe Contract Documents,all claims,counterclaims,disputesand other matters inquestion between theOWNERandthe CONTRACTOR arising out of or relatingto this Contract or thebreach thereof,shall bedecidedina court of competent jurisdictionwithintheState of Florida. ARTICLE 19 -PROJECT RECORDS. 1.9.1 The CITY shall haverighttoinspectandcopyduringregularbusinesshoursatOWNER'Sexpense,the booksand records andaccountsofCONTRACTORwhichrelateinanyway to theProject,andtoany claimforadditional compensation madebyCONTRACTOR,andto conduct anauditof the financial and accounting records of CONTRACTOR whichrelate to the Project CONTRACTOR shallretainand make available to CITYall such books and records and accounts,financial or otherwise,which relate to Page25of28 ©Thomas F.Pepe2014. 4/17/14 the Project and to any daim for a period ofthree (3)years following find completion ofthe Project. During the Project and the three (3)year period following final completion ofthe 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.l 19.0701)while providing services on behalf ofthe OWNER and the CONTRACTOR,under such conditions,shall ^corporate this paragraph in all of its subcontracts for this Project CONTRACTOR and its subcontractors are specifically required to:(a)Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform toW service;(b)Provide the public with access to public records on the same terms and conditions that the public agency would provide toe records and ata 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.AH records storedfeJedtonUally must be provided to the public agency In a format that is compatible with the information technobgy systems oftoe public agency. 19.3 If CONTOACCTOR or Its subcontractor does not comply with a public records request,the CITY shall have:die right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to OWNER for its costs ofenforcing this provision,including attorney fees incurred in all proceedings,whether administrative or dvil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.1 If any provision pf the Contract or die application thereof to any person or situation shall to any extent, be held invalid or unenforceable,the remainder of the Contract,and the application ofsuch provisions to persons or situations other thanthoseasto which it shall havebeenheld invalid or unenforceable shall notbe affected thereby,and shall continue in fell force and effect,and be enforced tothe fullest extent permitted bylaw. ARTICLE II »•INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR h an independent CONTRACTOR under die Contract.Services provided by the CONTRACTOR shall be by employees ofthe CONTRACTOR and subject to supervision by the CQhTTBACTOR,and not as officers,employees,or agents oftoe OWNER.Personnel policies,tax responsibilities,social security and health insurance,employee benefits,purchasing policies and other simitar 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 toeterms,conditions and provisions ofthis Contract without prior written consent of the OtyManager.The CITY will not unreasonably withhold and/or delay Its consent to toe assignment ofthe CONTRACTOR'S rights.The CITY may,\n its sole and absolute discretion,refuse to rflow the CONTRACTOR to assign its duties,obligations and responsibilities.In any event,toe CITY shall not consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by toe assignee,toeassignee meets all oftoe CITY*s requirements to toeCRTs sole satisfaction and toe assignee executes all oftoe Contract Documents that were required tobe executed bytoeCONTRACTOR IN WITNESS WHEREOF,toe parties hereto havejexecuted toe .General Conditions to acknowledge their inclusion as part of toe Contract Documents on this p day ofa JbXkJh^20 /$. Page26of28 ©ThomasF.Pepe 2014. 4/17/14 TariaTnenerraet City Clerk Readand Approved Legality,and Signati ©Thomas F.Pepe2014. 4/17/14 Page 27 of 28 B. D. E. EXHIBITS Supplementary Conditions 43 St Road &Drainage &Sidewalk Improvements ITQ#PW-20l5-24 £2EI^^*-*"•CONSULTANT is defined as the «*£**"**•**«**»«—***•*tetephone number and ^1^^as Consultant:#-u »CH Perez &Associates Consulting Engineers 9594 NW 41 Street,Suite 201 Doral,FI 33178 Phone 305-592*1070 Ts^^Z^t^T^^\N^ni E*S5^the CTY from terminating the qSZ^IS^ZF?!'*e RFPand ,n ^^cument set forth in the attached ITQ F'I^t^Cont^SrS"1 •"^^Unte$S ashorter time i$**fo«"I"*•Contract and in suchS^SKfJ fhe'co^'"•»*'"«""*"V >""•-«,'"*e Genera,Conditio^! CONTRACTOI Signature: Print Signatory's Name: Maria Menei CityClerk Tide of Signatory:•"'"'• OWNER:ggpf OF SOUfH MIA Signature: Alexander City Manager Read and Approved; Ugality,andgwe^^Therwft Signadfre: ©Thomas F.Pepe 2014. 4/17/14 END OF DOCUMENT Page 28of28 CERTIFICATE OF LIABILITY INSURANCE DATE<MMiDD/YYYY) 7/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOESNOT CONSTITUTE A CONTRACT BETWEENTHE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificateholderisan ADDITIONAL INSURED,the policy(les)must be endorsed,if SUBROGATION IS WAIVED,subject to the termsand conditions ofthe policy,certainpolicies may requirean endorsement A statement on this certificate does notconferrightstothe certificateholderinlieuofsuch endorsements). PRODUCER Eastern Insurance Group,Inc. 9570 SW 107 Avenue Suite 104 Miami FL 33176 INSURED Maggolc,Inc. 11020 SW 55 Street Miami FL 33165 name?CT David M.Lopez k ADDRESS:amandaQeagterninsUrance *net irAg.No>:<3°5>S9S-7l3S INSURER(S)AFFORDING COVERAGE NAICg insurer A :Colony Insurance Company insurerbMapfre Insurance Co.of Florida insurer chorus National Insurance Company insurerdBusinessFirst Insurance Co. insurer E:Federal Insurance Company insurer f: COVERAGES CERTIFICATE NUMBERtfaster 14-15 Auto New REVISION NUMBER: THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITIONOFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICHTHIS CERTIFICATE MAYBE ISSUED ORMAYPERTAIN,THE INSURANCE AFFORDED BYTHEPOLICIES DESCRI8ED HEREINIS SUBJECT TOALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL INftD SOBR WYP POUCY NUMBER POUCY EFF <MM/DD/YYYY) POUCY EXP /Mftl/DD/YYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY LAIMS-MADE |X |OCCUR X 103GL0006301-00 9/22/2014 9/22/2015 EACH OCCURRENCE $1,000,000 |c DAMAGETO RENTED PREMISES(Eaoccurrence}$100,000 MEOEXP(Any one person)$5,000 PERSONAL &ADV INJURY $1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER:GENERALAGGREGATE $2,000,000 POLICY 1X |PgPf ||LOC OTHER: PRODUCTS -COMP/DP AGG $2,000,000 $ B AUTOMOBILE LIABILITY 4150130008652 7/17/2015 7/17/2016 COMBINED SINGLE LIMIT (Ea accident)$1/000,000 X X ANY AUTO 8O0ILY INJURY(Per person)$ ALL OWNED AUTOS HIRED AUTOS X SCHEDULE0 AUTOS NON-OWNED AUTOS BODILYINJURY (Pes accident)$ PROPERTY DAMAGE (Per accident*$ Hired Auto $1,000,000 C X UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE 86222K140ALI 9/22/2014 9/22/2015 EACH OCCURRENCE $3,000,000 AGGREGATE $3/000,000 DED 1RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y /N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory InNH)'' If yes.describe under DESCRIPTION OF OPERATIONS below N/A 521-11888 9/22/2014 9/22/2015 X PER STATUTE |OTH-1 ER E.L EACH ACCIDENT $100,000 EL DISEASE -EA EMPLOYEE $100,000 E.L DISEASE -POUCY LIMIT $500,000 E E Rented/Leased Equipment Contractor's Equipment 45468147 45468147 11/2/2014 11/2/2014 11/2/2015 11/2/2015 $250,000 $254,016 DESCRIPTIONOF OPERATIONS /LOCATIONS/VEHICLES (ACORD101,Additional Remarks Schedule,may be attached rfmore space Is required) Asphalt paving,concrete construction and drainage construction City of South Miami and Miami Dade County are listed as an additional named insured and shall be provided written notice 30 days before modification of this policy or cancellation for nonpayment of premium or otherwise.Coverage as an additional insured is provided if required by written contract. CERTIFICATE HOLDER CANCELLATION City of South Miami Building &Zoning Department 6130 Sunset Drive Miami,FL 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATIONDATE THEREOF,NOTICE WILL BEDELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Lopez/AMANDA k ^•^-_—<—-^ ©1988-2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORDACORD25(2014/01) INS025'?M4rm S i d e w a l k R e p a d u e to up l i f t i n g CITY COMMISSION MAYOR:PHILLIP K.STODDARD VICE-MAYOR:WALTER HARRIS COMMISSIONER COMMISSIONER COMMISSIONER CITY MANAGER CITY ATTORNEY GABRIEL EDHOND JOSH LIEBMAN ROBERT WELSH STEVEN J.ALEXANDER THOMAS F.PEPE CITY CLERK:MARIA M MENENDEZ INDEX OF SHEETS SHEET N9,SHEET DESCRIPTION 1 KEY SHEET 2 SUMMARY OF QUANTITIES 3 TYPICAL SECTION 4 PROJECT NOTES 5 ROADWAY PLAN 6 SIDEWALK /DRIVEWAY DETAIL GOVERNING STANDARDS AND SPECIFICATIONS: •FLORIDA DEPARTMENT OF TRANSPORTATION, DESIGN STANDARDS DATED 2015,AND STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION DATED JANUARY 2015. •MIAMIDADE COUNTY PUBLIC WORKD DEPARTMENT STANDARDS ANO SPECIFICATIONS PARTS 1,2 AND 3 a:»ij»ctti i.i mo hi:i CITY OF SOUTH MIAMI CAPITAL IMPROVEMENTS PROGRAM PROPOSED SIDEWALK REPAIR 6295 SW 43rd STREET PROJECT LOCATION it (hji tifcn jt»d!f SunshineMcom .%%»tniiiii/# Mile CITY OF SOUTH MIAMI PROJECT MANAGER:RICARDO AYALA.P.E. South"Miami THE CITY OF PLEASANT LIVING ROADWAY SHOP DRAWINGS TO BE SUBMITTED TO: Sergio Gomez,P.E. CH Perez &Associates 9594 NW 41 Street,Suite 201 Doral.Florida 33178 tel:(305)592-1070 PLANS PREPARED BY: CH Perez and Associates Consulting Engineers,Inc. Certificate of Authorization No.25976 9SM NW41 Stmt.Sunt 101 I Dent.Harkta HI 78 Tri.(305)5921070 I Fn.(X»|597 1079 Vendor No.550866252 www.p-a.ee NOTE THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION. ROADWAY PLANS ENGINEER OF RECORD:SERGIO GOMEZ.P.E. P.E.NO:60719 S*e£T pu l/.<VJ<0 OS Soul*UkmKADSUmat^ajt/tMOI.SUn/^1 ty> SUMMARY OF QUANTITIES PAY ITEM No. DESCRIPTION UNIT QUANTITY PLAN FINAL 101-1 MOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 102-60 WORK ZONE SIGN ED 9 102-74-1 CHANNELIZING DEVICE-TYPESI,II.DI,VP,DRUM.ORLCD ED 5 102-74-2 CHANNELIZING DEVICE,TYPE III.6'ED 2 110-1-1 CLEARING &GRUBBING LS/AC 1/0.022 162-111 PREPARED SOILLAYER,FINISH SOIL LAYER,6"SY 21 522-1 CONCRETE SIDEWALK (4"THICK),REINFORCED CONC.SIDEWALK(6"THICK)SY 31 522-2 CONCRETE DRIVEWAYS,6"THICK SY 16 570-1-2 PERFORMANCE TURF,SOD SY 58 PAY ITEM NOTES: 102-60 102-74-1 102-74-2 162-1-11 570-1-2 QUANTITY SHOWN ONLY THE REQUIRED PER DAY. INCLUDES COST TO REMOVE AND DISPOSE THE EXISTING STREET NAME CONCRETE BOLLARD AS SHOWN IN THE PLAN. INCLUDES COST TO FURNISH AND INSTALL THE MATERIALS REQUIRED FOR HARMONIZATION OUTSIDE OF THE RW TO SUIT THE PRIVATE LAND AS SHOWN IN THE PLAN. INCLUDES COST TO FURNISH AND INSTALL THE MATERIALS REQUIRED TO CONSTRUCT THE 6"REINFORCED CONCRETE SIDEWALK AS SHOWN ON SHEET No.6. INCLUDES COST TO FURNISH AND INSTALL THE MATERIALS REQUIRED FOR HARMONIZATION OUTSIDE OF THE RW TO SUIT THE PRIVATE LAND AS SHOWN IN THE PLAN. ALSO INCLUDES COST TO FURNISH AND INSTALL THE MATERIALS REQUIRED TO CONSTRUCT THE6"REINFORCED CONCRETE DRIVEWAY AS SHOWN ON SHEET No.6. X^°-s?*X No 6071 Z :07/22/2015 s1* '"Ulllllt*** DESCRIPTION CH Perez and Associates Consulting Engineers,Inc. Certificateof Authorization No.25976 HMNW41 Stmt.JoM 101 I Dor*.FlorMi1U7* id (nji m-io7o |m.l*<»)m-1071 Sergio Gomez w**p-icc Florida P E No.60719 u9m.cc CITY OF SOUTH MIAMI PROJECT LOCATION SUMMAKV OF QUANTITIES 6295 SW 43rd Street 7U?J10\S ?1902 PU U:\I3I0 0?South Mum.\CAD_Sic-»«»a«\0?_iuia}nMJI_Si9>w*/»do/> R/W LINE *4'MAX.HARMONIZATION SOIL LAYER AND SOD EXIST- GROUND __>-*--*_ R/W (25') =^== N—PROP CONCRETE SIDEWALK —n 1 1 1 1 AX7' EXIST.CURB—' (TOREMAIN) 1:2 MAX.ORTO SUIT 'PROPERTY OWNER. NO HARMONIZATION IF FLATTER THAN 1:6 NOTE: *WHERELIMITOFCONSTRUCTIONEXCCEDRIGHTOFWAY, A PROPERTY AGREEMENT IS REQUIRED DESCRIPTION ^SW 43 ST 14' .^*-'-- TYPICAL SECTION SW 43 ST STA 10+48.00 TO STA 11+15.00 R/W (25') -EXIST.PAVEMENT, BASE AND STABILIZATION (TO REMAIN) EXIST CURB (TO REMAIN) X^--?*X '"lining CITY OF SOUTH MIAMI -R/W LINE -EXIST. GROUND ..-"*- •EXIST.SIDEWALK (TO REMAIN) CH Perez and Associates Consulting Engineers,Inc. Certificate of Authorization No.25976 PROJECT LOCATION TYPICAL SECTION 6295 SW 43rd Street f/n/ms tit.13 f>u.\i3io 02 South Miami\CAO_Sid*»m\03jrDsroO}.Siae\ran.dgn GENERAL: 1.ALLPUBLICLAND CORNERS ANDPRIMARYNETWORKCONTROL SURVEY MONUMENTSARETOBE PROTECTED BY THECONTRACTOR.CORNERS ANDMONUMENTSWITHINTHEWORKZONEAND IN DANGEROFBEING OAMAGEO. DESTROYED OR COVERED SHALLBE PROPERLY REFERENCED BYA REGISTERED LAND SURVEYOR IN ACCORDANCE WITHTHEMINIMUMTECHNICAL STANDARDS OFTHEFLORIDABOARDOF PROFESSIONAL LANDSURVEYOR PRIOR TOTHEBEGINNINGOFWORK.UPON PROJECT COMPLETION THE CONTRACTOR SHALL RESTORE ALLSUCH CORNERS ANDMONUMENTS.INCLUDEALLCOSTOFREFERENCING,RESTORINGAND PRESERVING CORNERS ANDMONUMENTS IN THE BID PRICE FORITEM 101-1 MOBILIZATION. 2 ALL EXCESS MATERIALAS DESIGNATED BYTHE ENGINEER IS TOBE DISPOSEO BYTHECONTRACTORIN AREAS PROVIDED BYHIM WITHIN 72 HOURSOFBEING DEPOSITED INTHE CONSTRUCTION AREAANDATTHE CONTRACTOR'S EXPENSE. 3.THE CONTRACTOR SHALLUSEASTREETSWEEPER(USINGWATER)OROTHEREQUIPMENTCAPABLEOF CONTROLLINGANDREMOVINGDUST.APPROVAL OFTHEUSEOFSUCH EQUIPMENT ISCONTINGENTUPON ITS DEMONSTRATED ABILITY TODOTHEWORK.CLEANINGAND SWEEPING IS TOBEINCLUDED IN ITEM 102-1 MAINTENANCE OF TRAFFIC. 4.THECONTRACTOR IS RESPONSIBLE FORKEEPING EXISTING INLETSCLEANOFMILLINGMATERIAL.LIMEROCK. DEBRIS,ETC.DURINGTHE CONSTRUCTION ATNO ADDITIONAL COST. 5.EXISTING UTILITIES ARE BACKFILLED WITH FLOWABLEFILL.LARGE CHUNKS OF EXCAVATED MATERIALSHALLBE REPLACED WITH SUITABLE MATERIALOR PROCESSED TOMAKETHEM SUITABLE FORBACKFILLINGOREMBANKMENT CONSTRUCTION.COST TOBE INCLUDED IN RELATED BID ITEMS. 6 WORK NECESSARY FORHARMONIZATION OUTSIDE R/WSHALLBE INCLUDED IN RELATED BID ITEMS (STRUCTURAL ASPHALT.SOD.CONCRETE.BRICKS.ETC.).CLEARINGANDGRUBBING.EARTHWORKANDGRADINGAREINCIDENTAL TO THESE ITEMS. 7.OUTSIDE OFTHE CLEARING AND GRUBBING LIMITS SHOWN ON THE PLANS THE CONTRACTOR SHALL PERFORM STANDARD CLEARING ANDGRUBBINGFORTHEWORKBEINGDONEAS APPROVED BYTHE ENGINEER.COSTTOBE INCLUDED IN J/0-/-/,CLEARINGANDGRUBBING. B.SAW CUTTING OF THE EXISTING SIDEWALKS SHALL BE MADE ONLYAT THE NEAREST FLAG JOINTS. 9 INSTALLATIONOFNEWPULL BOXES SHALLBE PERFORMED BY QUALIFIED ELECTRICALCONTRACTOR.WHENNEWPULL BOXISREPLACING EXISTING PULLBOX,THECONTRACTORSHALL ADJUST CONDUITS AND CABLES TOFITTHENEW BOX ELEVATION.COST OF ADJUSTMENTS IS INCLUDED IN THE PULL BOX PAY ITEM. 10.THE CONTRACTOR SHALL PERFORM AN INVENTORY OFALL EXISTING STREET LIGHTING.TRAFFIC SIGNALAND OTHERELECTRICANDCOMMUNICATION INSTALLATIONS (POLES.PULL BOXES.CONTROLLER CABINET,SERVICE POINTS,ETC.)WITHIN THE AFFECTED LIMITS.AFFECTED LIMITSINCLUDEALL AREAS WHERECLEARINGAND GRUBBING.EXCAVATION,REMOVALOF SIDEWALK.ORANY SPECIFIED ELECTRICALWORKSAREBEING PERFORMED THE CONTRACTOR SHALL SUBMIT A REPORT OF THE CONDITION OF EACH INSTALLATION AND ITS CONTENT TO THE ENGINEER PRIOR TOTHE BEGINNING OF CONSTRUCTION.INCLUDING PHOTOGRAPHS OFANY IDENTIFY DEFICIENCIES. UTILITIES: 1 ALL EXISTING UTILITIES ARE TO REMAIN UNLESS OTHERWISE NOTED. 2.TWOFULL BUSINESS DAYS PRIOR TO DIGGING THE CONTRACTOR SHALL CALL SUNSHINE 811 AND THE UTILITY OWNERAND REQUEST UTILITY LOCATIONS.A CONTRACTORS REPRESENTATIVE MUSTBE PRESENT WHEN UTILITY COMPANIES LOCATE THEIR FACILITIES. 3.THECONTRACTORIS ADVISED THAT PROPERTIES ADJACENTTOTHEPROJECTHAVEELECTRIC.TELEPHONE.GAS. WATER AND/OR SEWER SERVICE LATERALS WHICHMAYNOTBESHOWN IN PLANS.THE CONTRACTOR MUST REQUEST THE LOCATION OF THESE LATERAL SERVICES FROMTHE UTILITY COMPANIES.THE ADDITIONAL COST OF EXCAVATING.INSTALLING,BACKFILLINGANDCOMPACTINGAROUND THESE LATERAL SERVICES MUSTBEINCLUDED INTHEBID RELATED ITEMFORTHEWORK BEING DONE. 4.PRE-TRENCHING INTHEALIGNMENTANDGRADEOF PROPOSED PIPES STRUCTURES.FRENCH DRAINS.SLAB COVERED TRENCHES.CONDUITS.POLE FOUNDATIONS AND/OR SUB-GRADE SHALLBE PERFORMEO SEVEN DAYS IN ADVANCE OF ITS CONSTRUCTION.THE CONTRACTOR SHALL PROVIDE UNDERGROUND UTILITY OWNERS AND THE DEPARTMENT WITH A SEVEN DAYS ADVANCE NOTICE OFANY CONFLICT WITH PROPOSED CONSTRUCTION.THIS NOTIFICATIONSHALL PROVIDE SURVEYINFORMATIONABOUT EXISTING UTILITY ALIGNMENT.GRADEAND POSSIBLE CONFLICTS PAYMENT FOR PRE-TRENCHING.SURVEY AND BACKFILLING SHALL BE INCLUDED INTHECOSTOFTHE RELATED BIO ITEM FOR THE WORK BEING DONE UTILITIES (CONT.). 5.UTILITY OWNER: ATLANTIC BROADBAND: COMCAST- FLORIDA CITY GAS: MIAMI DADE WATER AND SEWER: FLORIDA POWER &LIGHT: AT&T DISTRIBUTION: DADE COUNTYPUBLIC WORKS AND TRAFFIC: 305-861-8069 954-447-8405 305-691-8710 786-268-5320 800-868-9554 305-222-8745 305-412-0891 ENVIRONMENTAL: 1.ANYMATERIALTOBESTOCKPILEDFORPERIODSGREATERTHAN24HOURSSHALLBEPROTECTEDBYAPPROPRIATE EROSION CONTROL DEVICES COSTTOBE INCLUDED IN THE RELATED BID ITEM 2.ALL LANDSCAPE IS DESIGNATED TOREMAINUNLESS OTHERWISE NOTEDINPLANS.ALLLANDSCAPEWITHIN5FEET OFCONSTRUCTION ACTIVITIES SHALLBEPROTECTEDASPERFOOTDESIGNSTANDARDINDEX 544.COSTOFTREE PROTECTION TOBE INCLUDED IN THE RELATED PAY ITEM. TEMPORARY MAINTENANCE OF TRAFFIC: 1 TRAFFICCONTROLSSHALLBEINACCORDANCEWITHTHECURRENTEDITIONOFTHEFLORIDADOTDESIGN STANDARDS (600 SERIES).THE STANDARD SPECIFICATION FOR ROAD AND BRIDGE CONSTRUCTION,AND THE MANUAL ONUNIFORMTRAFFICCONTROL DEVICES (2009 EDITION)ASMINIMUMCRITERIA. 2.ATTHEDISCRETIONOFTHEENGINEER.IF ALANECLOSURECAUSESEXTENDEDCONGESTIONORDELAY. THECONTRACTORSHALLBE DIRECTED TOREOPENTHECLOSEDLANE(S)UNTILSUCHTIMETHATTHE TRAFFIC FLOW HAS RETURNED TOAN ACCEPTABLE LEVEL. 3.THETRAFFICANDTRAVELWAYSSHALLNOTBEALTEREDBYTHECONTRACTORTOCREATEAWORKZONE UNTILALLLABORANDMATERIALAREAVAILABLEFORTHE CONSTRUCTION IN THATAREA. 4.FORDROP OFFS.THECONTRACTORSATTENTION IS DIRECTEDTOSTANDARDINDEX NO 600,SHEET10OF 13.THECONTRACTORSHALLUSE SHOULDER TREATMENT DETAILWHENNO BARRIERS ARE REQUIRED IN THE PLANS. WORK ZONE LIMITS: 5.THELENGTHOFANOPENTRENCHSHALLNOT EXCEED 500 FT.PROPERTY ACCESS SHALLBE MAINTAINED (N ACCORDANCETOARTICLE 102-5.5 OFTHESTANDARD SPECIFICATIONS FORROADANDBRIDGE CONSTRUCTION. PEDESTRIANS.BICYCLES.ANDWHEELCHAIRS: 6.ATTHEENDOFEACHWORKDAYORWHENEVERTHEWORKZONEBECOMESINACTIVE.ANYDROPOFF GREATERTHAN6INADJACENTTOTHE PEDESTRIAN.BICYCLE.ANDWHEELCHAIRTRAVELPATHSSHALLBE BACKFILLEDFLUSHWITHTHESAIDPATHSORPROTECTEDWITHTEMPORARYFENCE.CONCRETEBARRIER WALLORAPPROVEDHANDRAIL.COSTSHALLBEINCLUDED IN PAY ITEM 102-1,MAINTENANCEOF TRAFFIC. 7CONSTRUCTIONACTIVITIESTHATINVOLVESIDEWALKSONBOTHSIDESOFTHESTREETARENOTALLOWED UNLESS APPROVED BY THE ENGINEER. PHASING NOTES: sx*""»iitt X^--.°^X f 8.TRAFFIC CONTROL PHASE I IS INTENDED TOPERFORMTHEREMOVAL.DISPOSAL AND CONSTRUCTION OFTHE SIDEWALKAND6"DRIVEWAYASWELLASALL REQUIRED ACTIVITIES TOPROTECTTHE EXISTING TREE. TRAFFIC CONTROLTOBEPERFORMEDINACCORDANCEWITHFOOT STANDARD INDEXNo.660. DESCRIPTION 'V/ONAV>.xo' CH Perez and Associates Consulting Engineers/Inc. Certificate of Authorization No.25976 immVMkrtM,lulu 1011 0w»W1w*»M1« Ftl (iU)WMOTO I r«M>01U»M0ll Sergio Gomez wwwd-icc RoridaP.E.No.60719 <s9p-a.cc CITY OF SOUTH MIAMI PROJECT LOCATION 679S SW 43rd Stroot PROJECT NOTES U.\I3I0 02 South Htimi\CAa_Snltm»lk\D*_9nr*r6at_Sri»wm6Qn ?" N ' LI N E - 7 D E S C R I P T I O N B E G I N C O N C R E T E S I D E W A L K - MA T C H E X I S T I N G S T A 1 0 + 4 8 . 0 0 r C O N S T R U C T 6" RE I N F O R C E D CO N C . DR I V E W A Y AN D SI D E W A L K AS PE R DE T A I L ON S H E E T No . 6 -1 : 1 2 MA X . O R T O S U I T T H E EX I S T . P R I V A T E O R I V E W A Y (S E E N O T E N o . 1 ) HA R M O N I Z A T I O N /M A T C H EX I S T I N G EX I S T ST R E E T NA M E CO N C R E T E BO L L A R D TO B E RE M O V E D E N D CO N C R E T E S I D E W A L K MA T C H E X I S T I N G ST A 11 + 1 5 . 0 0 ^ - ? sw 42 s t k i n MA T C H EX I . +7 0 . 8 7 1 MA T C H E X I S T SW 4 3 r d S T N 8 7 ' I T 1 6 ' E 1. T H E C O N T R A C T O R S H A L L V E R I F Y I F EX I S T I N G CO N D I T I O N (E X I S T I N G PR I V A T E D R I V E W A Y EL E V A T I O N S ) . AL L O W TO P L A C E T H E 6 " C O N C R E T E D R I V E W A Y W I T H I N T H E 4 ' O F HA R M O N I Z A T I O N AN D 1 : 1 2 MA X I M U M L O N G I T U D I N A L SL O P E IN C A S E O F T H E AB O V E CO N D I T I O N C A N N O T B E AT T A I N E D . TH E C O N T R A C T O R I S A L L O W E D TO EX T E N D MO R E TH A N 4' O F C O N C R E T E O R I V E W A Y HA R M O N I Z A T I O N TO AC H I E V E TH E 1 : 1 2 MA X I M U M LO N G I T U D I N A L SL O P E . „ H l ' " ' < l ; , . V f l 1 2 _ ) 7 7 DE N O T E S 4" CO N C R E T E SI D E W A L K DE N O T E S 6" RE I N F O R C E D CO N C R E T E SI D E W A L K DE N O T E S 6" RE I N F O R C E D CO N C R T E DR I V E W A Y DE N O T E S 6" CO N C R E T E DR I V E W A Y DE N O T E S 6" CO N C R E T E DR I V E W A Y HA R M O N I Z A T I O N . / / DE N O T E S PR E P A R E D SO I L LAY E R HAR M O N I Z A T I O N DE S C R I P T I O N C H P e r e z a n d A s s o c i a t e s C o n s u l t i n g E n g i n e e r s , I n c . Ce r t i f i c a t e of Au t h o r i z a t i o n No . 25 9 7 6 "" H H I l O * * ' C I T Y O F S O U T H M I A M I PR O J E C T LO C A T I O N 6 2 9 5 S* V 4 3 r d S t r e e t R O A D W A Y P L A N M 3 t 0 01 Sm i t h Hl t m i s C A O ^ S m t r m l ^ O i _ p l t n r d O I Jl d e n e l k dt « 10'-0" (6"REINFORCED DRIVEWAY) 11~#4 @ 11%"=9'-4%" 6" (TYP.) 3%" SEE NOTE2 10'-0" (6"REINFORCED SIDEWALK) (SEE NOTE1) 11-04 @ 11%"=9-4%' 3%" rs 5'-0" (6"REINFORCED SIDEWALK) 6~#4 @ 10%"=4'-4%" 3%3%" n %'JT FILLER ^P^TJ I B 2\ 4"SIDEWALK (TYP.) Li 9" SIDEWALK /DRIVEWAY SECTION 5'-0" i •••••••«•—* 3%"j;~#4 @ 5%"=4:4%"3%" 2%"COVER MIN. SECTION AA 4'-0" 5 1i*v »**•*\ 4"9~#4 @5"=3'-4"4" 2%"COVER MIN. SECTION BB EXISTING TREE ROOTS (TOREMAIN) m i* CLEAN GRAVEL OR 1"CRUSHED STONE FREE DRAINING (TYP.) 4"SIDEWALK (TYP.) NOTES: 1.AFTER REMOVING EXISTING SIDEWALK IN VICINITY OF TREE ROOTS AIR EXCAVATE TO TOP OF ROOTS. 2.CONCRETE FOR REINFORCED SIDEWALK AND DRIVEWAY SHALL BE CLASS TL f'c =3400 PSI. 3.ALL REINFORCEMENT SHALL BE ASTM 615 GRADE 60. "'iintitit%> DESCRIPTION CH Perez and Associates Consulting Engineers,Inc. Certificate of Authorization No.25976 CITY OF SOUTH MIAMI Sergio Gomez Florida P.E.No.60719 PROJECT LOCATION 6?95 SW 03rd Street SIDEWALK /DRIVEWAY DETAIL ItnnOM 77MJ PN U\]3I0 01 South Hfm\C0D,Sldm«IK\06_til4'ud0J_Stdr<naH don