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3THE CITY OF PLEASANT LIVING To: FROM: Via: DATE: SUBJECT: BACKGROUND: VENDORS & BID AMOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation Agenda Item NO':3. September 1, 2015 A Resolution authorizing the City Manager to negotiate and to enter into a contract with RP Utility & Excavation Corp. for drainage improvements at Dante Fascell Park. Staff conducted an assessment at Dante Fascell Park and discovered that the swale, located on the south end of the tennis courts, is filled with run-off material consisting of Har-Tru clay, crushed stone and mud. After a rainy day or watering of the tennis courts, the runoff enters the swale which prevents water from percolating into the ground, thus creating a ponding issue and safety hazard for patrons. Our goal in completing this project is to improve and resolve the ponding caused by the run-off from the existing tennis courts. The contractor is responsible for installation of an exfiltration trench (Fnmch drain) system and raised concrete sidewalk, just to name a few. The City recently hired a consultant-Milian, Swain & Associates, Inc.-to complete professional engineering services. With this report complete, the City submitted a Request for Proposal (RFP) #PR-2015-16 on Monday, July 20, 2015 for "Drainage Improvements at Dante Fascell Park". Four (4) submittals were received; RP Utility & Excavation Corp. was the 10llVest bidder and is in compliance with the terms of the RFP. City staff consulted with the contractor's references as to hands on experience. Based on that information, we recommend entering into an agreement with RP Utility & Excavation Corp. due to cost, qualification and experience. Please find below a breakdown of all submitted proposals. VENDORS DANTE FASCELL PARK RP Utility & Excavation Corp $60,479 JVA ENGINEERING CONTRACTOR, INC $95,668 FLORIDA CONSTRUCTION & ENGINEERING $100,172.45 H.A. CONTRACTING CORP $197,598 THE CITY OF PLEASANT LIVING EXPENSE: FUNO& ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORANDUM Amount not to exceed $63,479. To account for any unknown factors that may arise, a $3,000 contingency over the proposal of $60,479 is requested. The expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which lPa·s' a balance of, $45,249 before this request was made. Please note' there Is a pending Resolution relating to budget on the consent agenda; authorizing a transfer of $25,000 from General Capital Improvement account to Parks and Recreation Capital Improvement account. Resolution for approval Pre-Bid Conference Sign-In Sheet Bid Opening Report Bid Proposal Summary RP Utility & Excavation Corp. Proposal SunBiz -RP Utility & Excavation Corp. Articles of Incorporation Demand Star Results Miami Daily Business Review 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO.: ________ _ A Resolution authorizing the City Manager to negotiate and to enter into a contract with RP Utility & Excavation Corp. for drainage improvements at Dante Fascell Park. WHEREAS, City staff conducted an assessment at Dante Fascell Park and discovered that the swale, located on the south end of the tennis courts, is filled with run-off material consisting of Har-Tru clay, crushed stone and mud; and WHEREAS, the City recently hired a consultant-Milian, Swain & Associates, Inc.-to complete professional engineering services; and WHEREAS, with this report complete, the City submitted a Request for Proposal (RFP) #PR- 2015-16 on Monday, July 20, 2015 for "Drainage Improvements at Daute Fascell Park"; and WHEREAS, four (4) submittals were received; RP Utility & Excavation Corp. was the lowest bidder and is in compliance with the terms of the RFP. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to negotiate and to enter into a contract with RP Utility & Excavation Corp., for an amount not to exceed $60,479 for drainage improvements at Dante Fascell Park. The City Manager is also authorized to expend an additional $3,000 of the contract price for unforeseen conditions. Funding for this project will come from Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $45,249 before this request was made. A copy of the contract is attached. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity ofthe remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. . PASSED AND ADOPTED this __ day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY ___ ,2015. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: Date: RFP Title: RfP ~NO.: 11 THE CITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet August 3, 2015 Drainage Improvements at Dante Fascell Park PR2015-18 C:IUserslskulick.CSMIIDocumentsISouth MiamilTemplateslPre-Bid Meeting Sign-In Sheet.doc BID OPENING REPORT Bids wm'c opcncd on: Friday, August 14,2015 aftcr: IO:OOam For: RFl' # PR-2015-16·-DI'ainage Improvemcnts at Dante Fasccll Park COMPANIES THAT SUBMITTED PROl'OSALS: AMOU~NC:".T,-: _ I. FLORIDA CONSTRUCTION & ENGINEERING.............. <-'$ 100f I 7:<. I-/S I t;) '""'I 5-0 C? ~ 2. H A CONTRACTING CORP....................................... 7 {, 7 O. 3. JVA ENGINEERING CONTRACTOR, INC.................... 95; " 6t: ~ 4. UTILITY & EXCAVATION CORP.............................. 6 tJ I I( ~I 9. "'!. THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER. THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: /lJq;i4 /11. /Y/ t' 11 en/p 2. Print Name Witncss:_~ _________ _ Print Name Signature Witness:. ___________ _ Print Name Signature I NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER I Bid Package Bid Public Entity Fed. Signed (10rg; 3 Form/Cost Bidder Ustof Non Coil. Crimes and Drug free OSHA Related Presentation (1) Proof Contract (1) Perf Bidder Bid Price Ref. State Sun Biz Copies; 1 & Tech Qualif. Subs' Affidavit Conflicts of Workplace Stds Party Dec of Ins with Bond Digital) Proposal Interest Ustings Original FeE $100,172 x x x x x x x x x x x x x X HACont. $197,598 X x x x x x x x x x x x x NA $95,668 x x x x x x x x x x x x x x R.P. Utility $60,479 x x x x x x x x x x x x x x x x .. ------------ (1) Condition 0/ Aword BID BOND Bond No: n/a CONTRACTOR: (Name. legal stalUs and add,'ess) RPUTILITY & EXCAVATION CORP 7875 NW 29 St STE B DORAL,FL 33122 OWNER: (Name. legal statlls and address) CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 SURETY: (Name, legal status and prlnclpai placeq(busin .. s) Developers Surety and Indemnity Company POBOX 19725 Irvine, CA 92623 BOND AMOUNT: FIVE PERCENT OF AMOUNT OF BID PROJECT: DRAINAGE IMPROVEMENTS AT DANTE FASCELL PARK (Name. locatIon or address, and Project numbe,', If any) The Contt'actor and Surety are bound to the Owner in the amount set fOith above, fo,' the payment of which the Contmctor and Surety bind themselves, their heil's, executors, administrators, successors and assigns, jointly and severally, as provided hel'ein, The conditions of this Bond are such tilat if the Owner accepts the bid of the Contractor witllin the time specified in tile bid documents, 01' within such time pedod as may be agreed to by the Owner end COlltt'actor, and the Contl'actor eiUlel' (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond 01' bonds as may be specified in the bidding 0]' Contract Documents, Witil a sUl'ety admitted in thejul'isdiction of the Project and otherwise acceptable 10 the Owner, fOl' the faithful pel'fol'mance of such Contract aild for the prompt payment of labor and material fUl'l1ished in the prosecution thereof; or (2) pays to the Ownel' the diffel'ence, not to exceed the amount of this Bond, between the amount specified in said bid and such lot'gel' amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, athel'wise to remaill in full force and effect. The Surety hereby waives any notice of an agl'eement between the Owner and Contractor to extend Ihe time in which tile Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days, If this Bond is issued in connection with a subcontl'8ctOl"s bid to a Contractor, the terlll Contractol' in this Bond shall be deemed to be Subcontractor and the tel'ln OWner 811all be deemed to be Contractor, When this Bond has been furnished to comply with a statutory 01' other legal requirement in the location of the Project, any provision in this Bond cOlltlicting with said statutory or legall'equirement shall be deemed deleted herefrom and provisions conforming to such statutory 01' otllel' legall'equirement shall be deemed incorpol'ated herein, When so furnished, the intent Is that this Bond shall be construed as a statutory bond and not as a common law bond, The Company executing this bond vouches tltat this document conforms to the Amet'iean Institute of Architects Document A31O, 2010 edition 1 Signed and sealed this_l_4 __ day of_-,-AU_G._U_S_T ____ 2_01_5 __ (Witness) Developers Surety and Indemnity Compsny (Wlln .~ The Company executing this bond vouches that this document conforms to the American Institute of Architects Documellt A310, 2010 edition 2 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO 8<>, 19725, IRVINE, CA92623 (949) 263·3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITV COMPANY, does hereby make, constitute and appoint "'*'"Fausto Alvarez, Jr., Ramon A Rodriguez, jOintly or severally"** as its true and JawfuJAttorney(sj-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation. as surety, bonds, undertakings and contracts of suretyship giving and granting unto saidAttomey(sJ-in-Fact full power and authority to do and to perform every acl necessary. requisite or proper to be done in connection therewith as each of said corporation could do, but reseNing to each of said corporation full power of substitution and revocation, and all of the aels of saidAttorney{s)-in·Facl, pursuant to these presents, are hereoy ratified and confinned. This Power of Attorney Is granted and is signed by facsimile under and by authority of the follOWing resoluUon adopted by the Board of 01rectors of DEVELOPERS SURETY AND INDEMNITY COMPANY. effective as of January 1st, 2008. RESOLVED. that a combination of any two of tl1e Chairman of the Board, tl1e President, any Executive Vice·President Senior Vice-President or Vice-President of the corporation be, and that each of them hereby Is, autl10rized to execute this POWer of Attorney, qualifying the atlomey(s) named in the Powar of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and Ihatthe Secretary or any Assistant Secretary of the corporation be. and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures 01 such officers may be affixed to any such Power of Attorney or to any cerlificate relating thereto by facsimile, and any such Power of Allomey or certificate bee ring such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship (0 which i( is atlached. JNWJTNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has callsed these presents to be signed by its officers and aUested by its Secretary or Assistant Secretary this November 21, 2013. By::~~~~~~~~J:~~~~ ___ Mark J. Lansdon, Vice-President State of California County of Orange On November 2",1,,,,2,,,01,,3 _____ before me, ____ . Date AntonioAlvarado. Notary Public Here Insert Name and Tine of the Officer persOlla!1y appeared ___ _ Daniel YOUng and Mark J. Lansdon Place Notary Seal Above Name{s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me thai hefshellhey executed the same in hisfher/their authorized capacity(ies), and that by his/her/their signalure(s) on the instroment the person(s), or Ihe entity upon behalf of which the person(s} acted. executed the instrumenl. I certify under PENAlTY OF PERJURY under the laws of the State of California that the foregoing paregraph is :::::::;:andand official seal. cA? /4) ---------~=~-~~ .. ~--.---------Signature _ AntonioAlvarado, Notary Public CERTIFICATE '1t~n'UI4r,1I : \\\~~~i~. \H1J£//:-:'< , The undersigned, as Secretary or Assistant Secretary of DEVEL~~ERS SURETY A~D INDEMNITY CO~PANY does ~ereby ce~ify that the f?regoing powerofAt~p'1~~~.;~ •• 110"n':";"~:'l~; remaifls In fuillorce and has not been revoked and, furthermore. thai the proVISions at the resolullon of the Board of Directors of said corporation set forth tn the Power of AttoJ.h~y .. a~~.)ra~ A I. i~:.j'4i~; force as of the date 01 this Certificate. ,'--f,~J"" "tl}~ " 0,..-!. ,J ••• ~,I,/:I!t:, •. r~J,I,'" .. J ·,~t' ;~:,., '-!.,-,'ltfl Cl-·"., fl It' This Certificate is executed in the City of Irvine, California, this 14thdayof A' Y"tI Tor 2015 .'{:':"~!\ ~J::»:;'.:'if" \~.,J I~. ''-'5'-='-" :,v.,;:/; ~.,';."3~"i,.· n'1 ~ ,~_ "i";~fo1Ij1'J:,.:,<fl.pi.:l'", By: ~ ", ,tf'j ';~"!:"' ,j~ \rJ"b, > "'} r.,.~')/~(.r,'-•••• :.\~'~ , Cassie J. Berrisfor , ,!'fj ',,-<, ?~II:1fI' , ; './1 11"1. ",,',". ''-'',''HHIP' ID·1438(Rev,11113) "" t;:', ! I. Proposal Submittal Checklist Form Drainage Improvements at Dante Fascell Park RFP #PR·20IS·16 This checklist Indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents, may be required and. if so, they will be identified in an addendum to this Solicitation. The response shall include the followln~ Items: Attachments and Other Documents described below Checi< to be Completed d IF MARKED WITH AN "X": Complete . x Indemnification and Insurance Documents EXHIBIT 2 x Bid Form £XHIBIT 3 -- X Signed Contract Documents (All -including General Conditions ____ and Supplementary Conditions if attached) EXHIBIT 4; 5 & 6 Performance and Payment Bonds EXHIBIT 7 & 8 'Performance Bond: Required a. a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required ____ with Submittal x _---Respondents Qualification Statement x ____ List of Proposed Subcontractors and Principal Suppliers x Non-Collusion Affidavit --- x ____ Public Entity Crimes and Conflicts of Interest x Drug Free Workplace --- x ____ Acknowledgement of Conformance with OSHA Standards x ____ Affidavit Concerning Federal & State Vendor Listings x ____ Related Party Transaction Verification Form x ____ Presentation Team DecfarationlAffidavlt of Representation t/ /' II Submit tnis checklist along with your proposal Indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 02-23·15 END OF SECTION Page II of 74 RESPONDENT QUALIFICATION STATEMENT Drainage Improvements at Dante Fascen Park RFP #PR-20 15-16 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection, I. Number of similar projects completed. a) b) II, In the past 5 years In the past 5 years On Schedule In the past 10 years In the past 10 years On Schedule List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Qriginal Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: 3 3 3 3 Permeable Paver Alley Improyements City of Pompano Beach 1201 NE 5th Avenue p01\i:ano Beach FL 33060 Alessandra Delfico -City gineer, Tel. No,: 954- 786-4144 R_maH· alessandra.delfico@copbfl.com 12/28/2014 12123120)4 Original Contract Price: _$"'3"'4 ... "'0"'74"',"'3"-5 __________ _ b) Thomas F. Pepe 02.2].15 Actual Final Contract Price: J.$3i!:4::;, • .!IOJ.,74:."i!,3".5 __________ _ Project Name: Owner Name: Owner Address: Owner T elsphone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Page 12 0174 Road and drainage repair Village of Bjscayne Park 640 NE 114 Street. Bisc!!¥pe Park FL 33161 305-899-8000; Tony Gomes-Senior Field Representative, Tel No' 954-815-9109 B-mail: tgomes@craigasmith.com 60 days 512212014 5/9/2014 $17,500,00 $1750000 c) Project Name: Owner Name: Owner Address: Owner Telephone: Sylva Martin Drainage City of South Miami 6130 Sunset Driye, South Miami. FL 33143 Ricardo Ayala -Project Manager, Tel. No,: 305- 796-5944, E-mail: rayala@southmlamtfigov Original Contract Completion Time (Days): 30 Days ------------------------- Original Contract Completion Date: 71212013 Actual Final Contract Completion 7/1/2013 Date: Original Contract Price: $19,85000 Actual Final Contract Price: $19.850,00 III. Current workload Pump Station D FM Water Main Canal ConstrucUon 10se Saucedo, P,E. 305-460-5054 Kelly McAtee, P,E, IV. The following information shall be attached to the proposal. a} RESPONDENT'. home office organization chart b) RESPONDENT's proposed project organizational chart, e) Resumes of proposed key project personnel, including on-site Superintendent. V. List and describe any: Thomas F. Pepe 02.2)·15 Page 13 of 74 a) Bankrl.Jptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contract. or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last flve (5) years VI. Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) ye.rs. Name of Agency: -,C"l!l·ty)C!!,ofuS"o",uwth!!..!'!Mgia",m!!!,-i __________ _ Address: 6130 Sunset Drive. South Miami. FL 33143 Telephone No.: 305-796-5944 'i\YlIla@souhtmiamifl.gov Contact Person: ~R1~c",ar~d",oC!A:>;Yt>a",la,--___________ _ Type of Project: ~D"""ra",in",a!!g"e ______________ _ Name of Agency: Village of Key Biscayne Address: 88 West Mcintyre Street Key Biscayne. FL 33149 Telephone No.: 305-365-7568, tbrown@keybiscaynefl.gov Contact Person; ...... TQonn:YI'-"Br[lo"W"lnL ____________ _ Type of Project: -"C"ol"'f"'C"art"-'-P-,oat"'h'--__________ _ Name of Agency: City of Pompano Beach Address: 1201 NE 5th Avenue. Pompano Beach, FL 33060 Telephone No.: --:t.95;,l4t:.-7LJ8!ll6"'-4:ul.;!44lL ___________ _ Contact Person: 2 Al"'eE!s!ls."'n!ld!lra..."D"'e"'lfi!lc'"o __________ _ Type of Project: _y.D:!jra"in",al!lg~e,-_____ ~ ______ _ Thomas F. Pepe 01.1].15 Page 14 of 74 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE _J"'a"Vl ... 'e"'r'-G=arz=o"n"-_____________ being first duly sworn, deposes and states tha" (I) HelShefThey islare the _V"::l,,,' c"'e ... P ... r"'es"'id"'e"'n"'t_:----:---:-___________ _ (Owner, Partner, Officer, Represent.tive or Agent) of ",R""",P:-, ",U",tili~' "l~y& ..... E",x",ca",Yua .. l!",' o"'n...,C""'o!.jtp"'-______ the Respondent that has submitted the attached Proposal; (2) HelShelThey islare fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its 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. flrm, or person to submit a c,ollusive or sham Proposal In connection with the Work for 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 in~irectly, sought by agreement or collUSion, or communication. or conference with any Respondent. firm, or person to flx any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead! profit. or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion. conspiracy, connivance. or unlawful agreement any advantage against (Recipient). or any person interested In the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any col/uslon, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents. representatives, owners, employees or parties of interest, including this affiant. Witness Witness 8/14/2015 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAr;:fADE /J. _ On thisthe 1.3 . day of {,jttt ,20 }.5 , before me, the undersigned Notary Public of the St.te of Flol'lda, personally appeared (Na e(s) of individual(s) who appeal-ed before Thomas F. Pepe 02-23-15 Page 16 oU4 notary) ;;aV/er {;zrwn within in.trumen~ and helshelthey acknowledge that helshelt WITNESS my h.nd .nd official se.l. NOTARY PUBLIC: SEAL OF OFFICE: MAQALV PEISER Nola'Y Public, Slate 01 Florida Comml&~On# FF 173538 My oomm. "'~r.s Nov. 2. 2018 s re Subscribed to the Personally known to me, or Y Personalldentitlcation: FL, DL, Type of Identification Produced Old take an oath. or ~ Did Not take an oath. Page 17 of 74 Thomas F. Pepe 02-23-15 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract With a public entity for the construction of repair of a public building or public work. may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant. or Consultaflt under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor 115t". The award of any contract hereunder is subject to the provIsions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer. director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287,133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami by Javier Garzon, Vice President [print individual's name and title] for R.P, Utility & Excavation Corp. [print name of the public entity] [print name of entity submitting sworn statement] whose business address Is 7875 NW 29th Street. Suite B Doral. FL 33122 and (if applicable) its Federal Employer Identlflcation Number (FEIN) I. 45-2742507 (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ----------------.) 2. I understand that n "public entity crime" as defined in Paragraph 287.133 (I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to I any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft. bribery, collusion, racketeering, conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conViction" as defined In Paragraph 287,133 (I) (b). B2rJ.da Statutes, means a finding of guilt or a conviction of a public entity crime. wIth or without an adjudIcation of guilt, In any federal or state trial court of record relating to charges -brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty Or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a publ1c entity crime; or (b) An entity under the contl'ol of any natural person who is active In the man.gement of the entity Thomas F. Pepe 02-23-15 and who has been convicted of a public entity crime. The term "affiliate" Includes those officers, Page 180f74 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 a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person wno knowingly enters into a joint Venture with a person who has been convicted 01 a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5, 1 understand that a "person" as defined in Paragraph 287,133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into Ii binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by it public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, e~ecutJves. partners. shareholders, employees, member·s. 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 swom statement, nor any of its officers, directors. executives, partners. shareholders, employees. members. or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, __ The entity submitting this sworn st.1tement, or one or more of Its officers. directors, executives. partners. shat"eholders, employees, members. or agents who are attive In the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Heari ng Officer of the State 01 Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list, [attach a copy of the final order,] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH t (ONE) ASOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT tN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM, Sworn to and subscribed before 'me this _L.:::::"' __ Personally known ________ ,-__ OR Produced identification __ 'X-'-" ____ _ Fi. JJe (Type of Identification) Form PUR 7068 (Rev,0611 1/92) Notary P blic State 01 _-:--=-=-===-_ My commission expires IltJ!.;J, cJ£J /.p (Printed, typed or stamped commissioned name " MAOALY PlIS,R Page 190174 Notary Pu~~, State 01 FIOIlde . Comml"lon# FF 173538 My comm, expires Nov, ~ 2018 Thomas F. Pepe 02·23-15 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and ser"Vice are received by the,State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shan be given preference In the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendol's have a drug-free workplace program, In order to have a drug-free wOl'kplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture. distribution. dispensing. possession, or use of a contl'olled substance is prohibited in the workplace and specifying the actions tha,t shall be taken against employees for violatIons of such prohibition. 2) Inform employee, about the dangers of drug abuse in the worl<place. the business' policy of maintaining a drug~free workplace, any available drug counseling, rehabilitation, and employee assistance programs. and the penalties that may be Imposed upon employees for drug abuse violations. 3) Give each employee engaged In providing the commodities or contractual services that are under Bid a copy of the statementspedfled in Subsection (I), 4) In the statement specifled In Subsection (I). notify the employee,. tha~ as a condition of working of the commodities or contractual services that are under Bid. he employee shall abide by the terms of the statement and shall notify the employee of any conviction of. or plea of guilty or nolo contende,. to. any violation of Chapter 893 or of any controlled substance law of the United States or a.ny state. for a Violation occurring in the workplace no later than five (5) business days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, ifsuch is available in the employee's community, by any employee who Is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of thiS section. As the person authorized to si the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: -rl~,!~~~-,-y.--_________ _ Print Name: JaxiJ:rJGa¢lJi---__________ _ Date: 8/14/2015 Thomas F. Pepe 02-23-15 Page 20 of 74 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, R.P. Utility & Excavation Corp. , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the Drainage Improvements at Dante Fa.cell Park project as specified have the sale responsibility for compliance with all the requh'ements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Mi,ami and Milian, Swain & Associates, Inc., (Consultant) against any and all liability, claims, damages, tosses and expense, they may incur due to the failure of (Sub-ocntractor's names): 18~ to comply with such act or regulation. iU. ""'.".1>, t ti~"""'" t..~ ----l.:.~4lZ<~:::::!===='------ BY1',~~~~~ ____________ _ Vice President T~le Thomas F. Pepe 02-23-15 Page 21 of 74 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person. or entity, who is responding to the City's solicitation. hereinafter referred to as liRespondent", must certify that the Respondent's name Does-Not appear on the State of Florida, Department of Management Services. "CONVICTED, SUSPENDED. DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the HUstings" summarized below. Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services webSite: http;/fwwwdms.myflorida.com/business operations/state Rurchasjng!\lendor intol"matloo/convicted 3USP ended discrimjnatorr, complaints vendot-lists DECLARATION UNDER PENALTY OF PERJURY I, Tavier Garzon (hereinafter referred to as the "Declarant") state. under penalty of perjury, that the following statements are true and correct: (I) I represent the Respondent whose name is R.P. Utility & Excavation Corp. . (2) I have the foilowing relationship with the Respondent Vice President (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership). General Partner (if Respondent is a Limited Partnership) or Managing Member>(lf Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL addre,,: http://www.dms.mytlorida.com/business_operations/state_purchaslnglvendorJnformation/convicted_suspended_di scriminatory _complaints_vendor Jists (4) I have entered an "x" or a check mark beside each ilstinwcategory set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listlnglcategory It means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Tavier Garzon ~Prlnt name of Declarant) . ......- (Signature of Declara.nt) ACKNOWLE STATE OF FLORIDA ) COUNTY ;~AMI_~) ( fir.: /,,- On t . t~e:3 ayof -,20~, belff,o:.r::e,:.m~:e:;'I' :hk~!~~~:~:s~~ autilQr-itv. personally appeared 'tl /lie tlf'il! /) who Is n, I the following identification and who took an oat!J..o<"~'tkrned thlt'tlhatlfelsheltl1e>V foregOing Affidavit as the Deciarant. WITNESS my hand and official seal. NOTARY PUBLIC, SEAL Thomas F. Pepe 02-23·15 Page 22 of 74 Notary of F~rlda Commlasfonll FF 173538 My comm, ellfllnn Nov, 2, 2018 RELATED PARTY TRANSACTION VERIFICATION FORM Iavier Garzon , individually and on behalf of R,P Utility & Excayation Corp, ("Flrm")have Name of Representat;ve CompanylVendorlEnt;ty read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 olthe City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: ( I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm. am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees. officers, directors of the Firm, nor anyone who has a financial Interest greater than 5% In the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who i.(are) an appointed or elected official of tlhe City, or who i,(are) a member of any public body created by the City Commission, ,:e., a board or committee of the City, [while the ethics code still applies, If the person executing this fonm Is doing '0 on behalf of a firm whose stock Is publicly traded, the st.'tement in thl' section (2) shall be based solely on the signatory's personal knowledge and· helshe is not required to make an Independent investigation as to the relation,hip of employees or those who have a flnanciallnterest 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 (i,e., spouse, parents, children, brothers and sisters) has transacte.d 01' entered into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted with the City, or with any person or agency acting for the city, other than as follows: N/A _(use (if necessary, use a separate sheet to 5LpPly 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 of a 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 interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South MI,m< 01' any of their Immediate family members (i.e., spouse, parents. children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or yOUl' Firm and the City other than the following individuals whose interest is set forth following their use a separate nameS:,~N=/Ac..,_-:--;-_-:,_.,-_:::-_-::-_-;-:--;:-_.,-__ _ (if necessary, use a separate sheet to supply additional information that will not ftt 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 (5%) or more of the total assets of capital stock in the firm are as follows: . N/A (If necessary. use a separate sheet to supply additional information that will not fit on this line; 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 of a firm whose stock is publicly traded, the statement In this .sectlon (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 flnancial inter'est in the FIrm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee,] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not dIsclose or use Information, not available to members of the general publlc~ for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract, (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or ~ency acting for the City. and that we have not appeared in representation of any third party Page 23 of 74 Thomas F. Pepe 02·23-15 before any board, <;ommission or agency of the City within the past two years other than as follows: N/A (If necessary. use a separate sheet to supply additional information that will not fit on this Une: however. you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). X:IPurchasinglVendor Reglstratlonl 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees. officf;!rs, or directors of the Firm. nor any of their immediate family (i.e .• as a spouse. son, daughter. parent, brother or sister) is related by blood or marriage to: 0) any member of the City Commission; (II) any city employee; or (iii) any member of any board or agency of the City other than as follows: N 1 A (If necessary. use a separate sheet to supply additional information that wlll 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 of a firm whose stock is publicly traded, the statement In this section (7) shall be based solely on the signatory's personal knowledge and helshe is not required to make an Independent investigation as to the relationship by blood or marriage of employees, officers. or directors of the Firm. or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm. nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% In that Other Firm. nor any member of those persons' immediate family (i.e., spouse, parents, children. brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% In the Firm. or any member of those persons' immediate family (i.e. spouse. parents, children. brothers and sisters) have also responded. other than the following: ~ ~ 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). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement In this section (8) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent Investigation into the Other Firm. or the Firm he/she represents! as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form witl1 the name of all Related Parties who have also responded to the same solicitation and to disdose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City. and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made her' bove are true and correct to the best of my knowledge. information and belief. Date: 8/1412015 Thomas F. Pepe 02-23.15 I avier Garzon, Vice President Page 24 of 74 Sec. 8A-I. -Conflict of Interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Illterest and Code of Ethics Ordinance." This section shall be applicable to all city. personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial pel'sonnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes ofthis section the following definitions shall be effective: (I) The term "commission members lf shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board, the code enforcement board and such other Individuals, boards and agencies of the city as perform quasi_judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to tile dty commission. (5) The term "dep",~mental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney. and all assistants to the city clerk. city manager and city attorney, however tided. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shalll'efer to any money. gift. favor, thing of value or financial benefit conferred. or to be conferred, In return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownershIp, dIrectly or indirectly. of ten percent or mOre of the outstanding capital stock In any corporation or a direct or Indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting busIness with the city. (9) The term uimmediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refel' to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid. a proposal In response to a Solicitation, a statement of qualifications In response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included In the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial Interest, direct or indirect with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government: (2) The purchase of bonds. anticipation notes or other securltie. that may be Issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture. profeSSional engineering. or registered land surveying. as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city pel'son 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 of such property or services without entering a transaction which would violate this subsection but for waiver of Its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same sublect matter. Thomas F. Pepe 01.23-15 Page 25 of 74 (d) further prohibition on transacting buslnes. with the city. No person included In the terms deflned in paragraphs (b)(l) through (6) and in paragraph (b)(9) sn.111 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 for the 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)( I) 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 specifled 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 in any way in the matter. (E) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money, service, loan, travel, entertainment, hospitality. item or promise, or in any other form, without adequate and lawful consideration. (2)E.xceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions speCifically authorized by state law; b. Gifts from relatives 01" members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational Qr of an advertising nature. (3) Prohibitions. A person described in paragraph, (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person Included in the terms defined In paragraphs (b)( I} through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, 01" to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disc/osure. Any person included In the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or ,eries of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk Simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (I) Compulsory disclosure by employee. of firms doing business with the city. Should any person included In the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or bUSiness entity in which that person or the immediate family does not have a controlling financial 1nterest. and should the corporation, firm, pal'tnersnlp or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing slJch employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official pOSition to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential Information. No person included in the terms defined in paragraph' (b)(I) through (6) shall accept employment or engage In any business or professional activity which one might reasonal?ly expect would require or induce orie to disclose confidential Information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an Thomas F. Pepe 02-23-15 Page 26 of74 official position with the dty, nor shall that person ever use such Information. directly or indirectly. for personal gain or benefit. (I) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment 1n the performance of any public duties. (j) Prohibition on out./de employment. (I) No person included In the terms deflned in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city. except as may be permitted as follows: a. Generally prohibited. No full·time City employee shall accept outside employment. either incidental. occasional or otherwise. where city time, equipment or material Is to be used or where such employment or any part thereof is . to be performed on city time. b. When permitted. A full~tlme city employee may accept incidental or occasional outside employment so long as such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. Is obtai ned. c. Approval of department head required. Any outside employment by any fullwtlme city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1·1 I, of the Code of Miaml·Dade County and. in addition shall be sublect to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of Investigation incurred by the city. (2) All fullwtlme city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agenCies or Instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or othel' consideration received by the employee from the outside employment. City employee reports shall be flied with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The City manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited Investments. No person included In the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal Investments in any enterprise which will create.a substantial conflict between private interests and the public interest. (I) Certain appearance. and payment prohibited. (I) No person Included in the terms defined In paragraphs (b)( I). (5) and (6) shall appear before any City board or agency and make a presentation on behalf of a 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 the person receive any compensation or gift, directly or lndirec:::tly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a cIty agency, In connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as wunselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person Included in the terms defined In paragraphs (b)(2). (3) and (4) shall appear before the City commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate. ruling, decision, opinion, rate schedule, ft·anchlse. or other' benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a 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 p.,·ty. Nor shall the person appear in any court Or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in' question. (m) Action. prohibited when financial interests involved. No person included in the te"ms deflned In paragraphs (b) (I) through (6) shall participate in any offiCial action directly or indirectly affecting a business In which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to. any direct or indirect interest in any investment, eqUity, or debt. (n) Acquiring financial inter •• t •• No person Included in the terms deflned in paragraphs (b)( I) through (6) shall acquire a flnanclal interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial Thomas F. Pepe 02.23·15 Page 27 of 74 interest may be directly affected by official actions or by official actions by the city or city agency of which the person Is an official, officer or employee. (0) Recommendln,profe"ional .elYic.s. No person Included in the terms defined In paragraphs (b)(I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or 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 to be made by the duties of office and in advance at a public meeting attended by other city officials, officers 01" employees. (p) Cont/nu/n, application after city service. (I) No person included In the terms defined In paragraphs (b)( I). (5) and (6) shall. for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined In paragraphs (b)(l) 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 or one of its agencies is a party or has any Interest whatever. whether direct or Indirect, Nothing contained in thi!~ subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased aftet-the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party pr has any direct and substantial interest; and In which he or she participated directly or indirectly through deCision, approval. disapproval, recommendation, the rendering of advice, investigation. or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved In the particular subject matter through decision. approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "Indirectly" where he 01' she knowingly participated in any way in the particular subject matter through decision. approval. disapproval, recommendation, the rendering of advice, investigation. or otherwise. during his or her city servIce or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city offiCial attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A·2(p). , (q) City attomey '0 render opinions on reque ... Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper Interpretatlon or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinanc.e that person. may submit to the city attorney a full written statement of the facts and questions. The city attorney shall. then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name, (Ord, No, 6-99-/680, § 2. 3-2-99) Editor's note-Ord. No. (,.99-1680. § I. adopted 3·2-99. repealed §§ SA-I and SA·2 in their entirety and replaced them with new §§ 8A-1 and SA-2. Former §§ 8A-1 and SA-2 pertained to declaration of policy and definitions. respectively. and derived from Ord. No, 634. §§ I (lA-I). I (IA-2) adopt.d)an.lI. 1969. Thomas F. Pepe 01-23-15 END OF SECTION Page 28 of 74 PRESENTATION TEAM DECIARATION/ AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, It may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Javier Garzon. makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shaU appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Raidel Perez President favier Garzon Vice President For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated In it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below ture of Representative layjer Garzon, VP Print Name and Title Thomas F. Pepe 02·23·15 __ ""'A"'u"lg...,us ... t'--_--', 2015 R P Utility & Excayation Corp Print name of entity being represented Page 29 of74 1.01 A. B. EXHIBIT 2 Insurance & Indemnification Requirements Insurance Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, Insurance of the types and in the minimum amounts stated below as will protect the FIRM. from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; '(b) claims for damages because of bodily injury, occupational Sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of Injury to or destruction of tangible property. including loss of use resulting there from; (~claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodi~ injury or property damage arising out of completed operations; and (h) claims Involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally The FIRM shall provide and maintain in force and effect until aU the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida includJng Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition. the policy (ies) must include: Employersl Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General liability insurance with broad form endorsement. as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability prOVision, and personal injury and property damage liability with limits of $ 1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive Generalliabilit)' insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office. and must include: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage Thomas F. Pepe 02-23-15 Page 34 0174 (e) Broad Form Property Damage (I) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or Indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy. Without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part or the Work under the Contract Is sublet, the subcontract shall contain the same insurance prOVision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable, 1.08 Ejre and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below.shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of tllis contract. the FIRM shall be responSible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as speCified in this section and so as to maintain coverage during the life of this Contract B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FII1.M shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering tile same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. Th~ CITY reserves the right at any time to request a copy of the required policies for review. All poliCies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided In this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy. including tile declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force, and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shali include thedeciaration page and all reqUired endorsements. In addition, the FIRM shall delivert at the time of delivery of the insurance certificate. the following endorsements: (I) a policy provision or an endorsement with SUbstantially similar provisions as follows: Thomas F. Pepe 02·23.15 Page 35 of74 "The City of South Miami is an additional insured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising inJuri' and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage au; (2) a polley provision or an endorsement with substantially similar provisions as fallows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few. then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florfda approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the city's sale, 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 the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. 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 or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and Incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against. charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns. by reason of !lny causes of adions 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 out of a negligent error, omission, misconduct, or any gross negligence. intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non~performance of the 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 of the 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-perior:-mance of the 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 out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, repr~sentatives, employees, or assigns, or anyone acting through or on behalf of them. Thomas F. Pepe 02.23·15 Page 36 of 74 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 not be unreasonably withheld. F. However, as to design p,rofesslonal c:ontrac~ and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are In conflict with this subparagraph shall apply and this subparagraph shall set forth the sale responsibility of the design professional concerning indemnification. Thus. the design professional's obligations as to the 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. to tile extent caused by the negligence, recklessness, or intentionally wrongful conduct of tile design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 01·13·15 END OF SECTION Page 37 0174 INSURED CERTIFICATE OF LIABILITY INSURANCE R.P Utility & Excavation Corp. Ralclel Perez 3422 SW 1561h CI Miami. FL 33185 ~TereBaR~ Agent I Ins. Co." ,Ins. Co. " •. RPUTi __ 4 , Co. OPID:TC ,. NAIC. 31488 41718 8.00~ 1:-Ib-ilE!~!E!SSiLl~~.~~;:::~~l:f;;f----------------i------j~----~!i Is ~11 I. I "r ER 'UTE I I, ~"+I.'-, -, '--',,-.'-. __ -1 A 'A~~Si~~~~\l: '~ NtA X I 0 I , .", .. E Llab , I . COl , ACORD 25 (2014/01) X ""PI , I llIiHICL.E:S (ACQRD 101, f'nD'" r. ... """" ,"'" 'OV, ""T I •. 18 06/18/2015 06/21/2016IPolluli'" I be atiechad IfmclO 'pac, I. reqUIred) SHOULD ANY OF Ttie ABOVE DESCRIBeD POL.ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN ACCORDANCE WtlH THE POLICY PROVISIONS. © I ACORD , reaerved. Tho ACORO name and logo ar. roglsterad mark. of ACORD CERTIFICATE OF LIABILITY INSURANCE 1 "/25/~015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND i _NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE11NEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR AND THE CERTIFICATE HOLDER. I I.,he I, hOI~.er Is an ~uu. :.I~ .. ~" • Ihe I musl be , . If • '.'u .. IS • ..~~~j~~t}O • holder In lieu ~fO:~:~ ~~~~y.~ certal~ may require an endorsement. A statement on this certificate does not confer i to the PRODUCER ~roaViQ M. LOp., Eastern Insuranoe Group, Inc. '. E"", (3o.sl I r..oa. Nol, (3") 595-"" 9570 sw 107 Avenue ! • net SUl.t. 104 Miami. FL 33176 INSURED RP Utility & Excavation Corp 7875 NW 29 Street, Ste B 'N.U.E .... R· ... , .... , ..... ",. I'N'URERB, I,.SURERO, u.'.""RD , I,.'URERE, NAlO. . ~H6~c~TE~. C~~i~~~~~rN6~~G ANY IREQUIREMENT. T~RL~S6",." ~ci'~g~~~"ci'F B:~~ 6~~T';.';.,6~ 6~E~~~~~~~CUMENT WITH RESP~~~ ~gl~~16~~~,~ CERTIFICAT~ .~~Y BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 1=' 1~lf"IIJ_S .... NU OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BeeN REDUCED BY PAID C"LAffi'M"S,,-. --------------1 '~:r\'. lYPEOF ~ POLOOYNUMBER ~ LIMn I GENERAlUABILITY ~ ~~ $ r--:J CLAIMS·MADE D OCCUR ~ $ _ I MED EXP rAnv on,,'''on) $ _ IpFRR~'" $ LIMIT APPLIES PER: $ --l POLICY D 1'&'8i D Loo • OTHE", $ 'LO~IUTY ~~~f.$~--~ ANY AUTO I . • r--r-- r-- All OWNED -SCHEDULED AUTOS -~~1~~Vvf.lED HIRED AUTDS _ AUTOS ~~ ___ '~:~--__ ---I $ UMBRELLA LlAB H OCCUR " EACH I I :II I I ",,'ow E.L DISEASE· PO,,"Y "MOT • 1. DOD. ODD DESCRIPTION OF OPERATIONS I LOCATIONS I V.EHICLES (ACORD 101, Additional RemarkS Schedule, may be attached if mora 5pacals required) CERTIFICATE HOLDER SampleCOI ACORD 25 (2014/01) INS0261,01Aon CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCe WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David LopeZ/AMANDA ~ = -@198B-2014ACORDCORPORATIDN. All rights r.,erved. The ACORD name and logo are registered marks of ACORD EXHIBIT 3 Drainage Improvements at Dante Fascell Park RFP #PR-10 15-16 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 61 30 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth In Exhibit I (Scope of Services), Attachment A & B for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2, Raspondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the· Solicitation package with appnJpriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds. if required by this Solicitation. required insurance documents. and other documents required by the Solicitation, including the Contract if not .Iready submitted, within ten (10) calendar days after the date of the City', Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of .11 the Solicitation Documents and of the following Addenda, if any (,-eceipt of all which is hereby acknowledged) Addendum No. 1 Dated: 7/28/2015 b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solic1tatlon, the Respondent represents that: i. Respondent has studied carefully all reports and dl"awings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragl'aph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations. explorations. tests, reports or similar Information or data are. or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre~bjd marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent'S bid, or proposal price, has taken into consideration all possible underground conditions and Respondent. if awarded the contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations. examinations. investigations. explorations. tests, reports and studies with the terms and conditions of the Contract Documents, Thomas F. Pep~ 02.2).15 Page 38 of 74 iv. Respondent has reviewed and checked all information and data shown or Indicated in the Solicltation Package or In the Contract Documents with respect to existing Undel'ground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations. explorations, tests. reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price Is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it nas discovered in the Contract Documents and, if any conflicts, errors or d1screpancies have been found and notice given, the Respondent represents. by submitting Its proposal to the City. that the Respondent has received sufficient notlce of the resolution thereof from the City. that such resolution Is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, flrm or corporation and is not submitted pursuant to any agreement or rules of any group, association. organization, or corporation; Respondent has not directly or indirectly induc:::ed or solicited any other Respondent to submit a false or sham Proposali Respondent has not solicited or induced any person. firm or corporation to refrain from responding: and Respondent has not sought by collusion or otherwise to obtain for Itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price Is the amount that it needs to furnish and Install all of the Work complete and in place. The Schedule of Values. if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the ba.sls for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such. the Respondent shall furnish .11 labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Cost and T ethnical Proposal. as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows; Sixty Thousand Four Hundred Seventywnlne LUMP SUM BASE PRICE: dollars and _---"Z"',ro"'---___ .cents $60,479.00 Alternates: #I ___ N .. /,,,A~ ____ #2. ____ -'NiLIA"--______ _ A fee breakdown for each task included In the lump sum contract price, if applicable, must be provided. Failure to provide tnls Infol"mation shall render the proposal non-responsive. 5. The ENTIRE WORK shall b. completed, In full, within 60 working days from the commencement date set forth In the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result In the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following Information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person Thomas F. Pepe 02-23-15 R,P. Utility & Excavation Corp. 7875 NW 29th Street. Suite B. Doral. FL 33122 786-577-6666 786-391 -0217 Jayjer Garzon Page 19 of 74 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as Is assigned to them in the Contract Documents. unless specifically defined in this Solicitation Package. 8. If a cost & technical proposal i. required by the Solicitation. Respondent hereby certifies that all of the facts and re$ponses to the questions posed in the cost & technical proposal, if such an exhibit is made • part of the SOlicitation, are true and correct and are hereby adopted as part of thl. Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal. I. on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes. if any. checked and any blank lines filled in with the appropriate Information contained in the Solidtatlon Documents and this Proposal. or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, Including e·mail confirmation, If any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in thl. Bid Form and that I have authority to bid that entity. SUBMITTED THIS 14th DAY OF PROPOSAL SUBMITTED BY: R.P. Utility & Excavation Corp. Company Authorized to S ~ Proposal ice President Title Thomas F. Pepe 02·23·15 August 786·577-6666 Telephone Number 786-391-0217 20lL. Fax Number ~avier@rpucorp.com mail Address END OF SECTION Page 40 0174 EXHIBIT 4 CONSTRUCTION CONTRACT Drainage Improvements at Dante Fascell Park RFP #PR·20 15· 16 THIS CONTRACT was made and entered into on this day of • 20-, by and between R.P. Utility & Excavation Corp. (hereafter referred to as "Contractor'1. and the City of South Miami (hereafter referred to as "OwnertJ ). through its City Manager (hereafter referred to as "City"). WITNESETH: That, the Contractor, for the consideration hereinafter fully set out. hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery. tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work 2. The Contract Documents shall include this Contract, General Conditions to the Contract, If any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties. the solicitat1on documents {"hereinafter referred to as "Bid Documents"} and any documents to which those documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract. subject to additions and deductions as prOVided in the Contract Documents and any properly approved, written §~.'!J!~h order, 1.' in lawf.~ drDoney of thed United States. the amount of: ~p.1I 0,11" Am,"~ h.m~ ousan Four Kim e ~even.ty·nme an OO/!JlJllars ($ 60,479 .OO~. Lump Sum ("Contract Price"). 5 ... The expenses of performing Work after regular working hours. and on Sunday and legal holidays shall be included in the Contract Price. The City may demand, at any pOint in time! that any part, or all. of the Work be performed after regular working hours. In such event, the Respondent shall have no right to additional compensation for such work. However. nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor. less the retainage (all as provided for in the Contract Documents), which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by the Contractor of evidence satisfaCtory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents. final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 8. The Work shall be completed in 60 working. days. In the event that the Contractor shall fail.to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance With the procedure as more particularly set forth In the.Contract Documents, liqUidated damages shall b. paid by the Contractor at the rate of $600.00 dollars per day. plus any monies paid by the Owner to the Consultant. if any. for additional enxineering and inspection services, if any, associated with such delay. 9. It is further mutually agreed between the parties hereto that if a Payment andlor Performance Bond ("Bond") is reqUired and If. at any time after the execution of this Contract and the Bond for its faithful Thomas F. Pepe 02·23·15 Page 41 of74 performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or If. for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor shall, at its expense Within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. I I. The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission', then the Effective Date is the date of the resolution approving the Contract whichever Is the later date. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. Signature- Print Signatory's Na : +.>;a"'v"ie""'G"""ar\'z"'o"'n'":-_______ _ Title of Signa, rr." Vice President ATTESTED; Signature: --::;---,:-;-;-_-;-____ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: --;;;::---;-.,-______ _ City Attorney OWNER: CITY OF SOUTH MIAMI Signature: Steven Alexander City-Manager Page 42 of 74 Thomas F. Pepe 02-23-15 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS Drainage Improvements at Dante Fascell Park RFP #PR-20 15-16 ARTICLE I -PEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning Indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or, group of words, the definitions contained in this Article shall not apply unless ,the word or group of words. in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms; Addenda' Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications. by addition, deletions. clarifications or correction. App[ication for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used by the CONTRACTOR in requesting progress payments. . Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. ~ Any person, firm or corporation submitting a response to the Owner's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the Instructions, form of documents and affidavits. ~ Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order' A written order to the CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. WDrk Order proposals: Written proposals from the CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by the City to the CONTRACTOR.. The proposal [ncludes line item pricing. where there are multiple locations, and the timeframe for completing the work. CITY: Th. City Manager for the City of South M[ami. 6130 Sunset Drive, South Miami, FL 33 [43. unless the context wherein the word Is used should more appropriately mean the City of South Miami. Construct jon Observer; An authorized representative of the CONSULTANT. if any. or otherwise a representative of the CIty assigned to observe the Work performed and materials furnished by the CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall Include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents includ[ng but not limited to the solicitation for Bid, CONTRACTOR'S Bid. the Bonds, Insurance endorsements. Insurance Certificates and poliCies, the Notice of Award, the Notice to Proceed. the General Conditions, Special Conditions, If any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated speCifications, addenda to the drawings Issued prior to execution of the Contract) Change Orders, Construction Change Directives and any written order for a minor change in the Work. and written modifications to any of the Contract Documents. Contract Prke' The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time· The number of calendar days stated in the Contract for the completion of the Work. Contractine Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER. CONTRACTOR; The person, firm or corporation with whom the OWNER has executed the Contract. CONSULTANT: The person identified as the CONSULTANT [n the Supplementary Conditions or, [f none. then CITY·s designated representative as identified in the Supplementary Conditions. 1'homas F. Pepe 02-23-[ 5 Page 43 of7. . J Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word '~days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, In computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work' Work that Is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has be~n damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that are not properly approved and autnorlzed, 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 ContrilCt Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and are referred to in the Contract Documents . Field Order' A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work In accordance with paragraph 10.2. Modification' (a) A written amendment of the Contract Documents signed by both parties. (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance . with paragraph 9;3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, 'faulty, or deficient or that does not meet the requirements of any applicable inspection. reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). Notice of Award; The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (With copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. &will: An individual or legal entity. ~ The entire constr'uc::tion operation being performed as delineated in the Contract Documents. Policy: The term "policy" as used In the Contract Documents shall mean the insurance binder, If It Is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services .. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop DrawinGS; All drawings, diagrams, illustrations, brochur~s, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which Illustrate the equipment. material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications' Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor" An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents. so that the Project, or a substantial part. can be utilized for the purposes for which it was Intended without restriction or limitation to any degree. other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance With paragraph 14.9. However, in no event shall the project or portion Thomas F. Pepe 02-23-15 Page 44 of 74 thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use Is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, Issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Syppl1er: Any person or organization who supplies materials or equipment for the Work. including the fabrication of an Item, but who does not perform labor at the site of the Work. Surety: The Individual or entity who Is an obligor on a Bond and who Is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. YY9.rk: Any and all obligations, duties and responsibilities necessary for the successful performance and completion olthe Contract. ~ The term 'Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm. or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City Manager and the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS ~ 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bid. shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sale discretion and satisfaction of the City, to be sufficiently responsible. qualified and flnancial able to perform the work. In analyzing a Bid. the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution Of Contract; 2.2 At least four counterparts of the Contract. the Performance and Payment Bond. the Certificates of Insurance. the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance. the Policy of Insurance req ulred by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of-a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. ForfeIture of Bid Security/Performance and Payment Bond. if any are required by the 31{plicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Sand and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, materIal man t laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4. 2.3.5. and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. Thomas F. Pepe 01.13·15 Page 45 of 74 2.3.3 Pursuant to tne requirements of Section 255.05( I), Florida Statutes, CONTRACTOR snail ensure tnat the Bond(s) referenced above sh.11 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 to do business in the State of Florida as a surety. having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3_6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required bonds and Insurance documents shall be cause for the CITY to annul the Not1ce of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it h.s familiarized itself With, and assumes full responsibility for having familiariz:ed itself with the nature and extent of the Contract Documents, Work. locality. and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work. and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports ofsubsurface and latent phySical conditions referred to in the specifications and made such additional surveys and Investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the project: 2_6 CONTRACTOR sh.11 start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except With the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare tne Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report In writing to CONSULTANT any conflict. error, or discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any harm, damage or loss suffered by,CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy In the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR. due to any conflict. error, or discrepancy in the Contract Documents. Scnedlde of Completion' 2_8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work. and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved In the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules. to establish procedures for handling Shop Drawings and other submissions. and for processing Applications for Payment. and to establish a working understanding between the parties as to the Project. Thomas F. Pepe 01-13-15 Page 46 of 74 Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualiflcations of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The fallure of the CITY or the CONSULTANT to make objection to any Subcontractor, person. or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any s.uch Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or eqUipment, or any Work. material or equipment not In conformance with the requirements of the Contract Documents, 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organizatIon listed, th"e apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an Increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, sl1all be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3-CORRELATION, INTERPRETATION AND INTENT OF CONTRACT POCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call It to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the niore stringent interpretation and requirement that sh.all provide the maximum benefit to the Owner shall apply 3.3 The words "furnish" and "furnish and install", Uinstall", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for servicelt • 3,4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure. providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous· items and accessories shall be of the same quality standards, Including material, style, flnish, strength, class, weight and other applicable characteristics, as specified for the major component of wl1ich the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before Installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be Installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility Installations properly perform the specified function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes. or standard specifications or Page 47 0174 Thomas F. Pepe 02.23·1 S other data published by regulating agencies or accepted organizations. including but not limited to National Electrical Code. applicable State Building Code. Florida Building Code. Federal Specifications. ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.B Brand names where used In the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality. size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function. in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand namel catalog number. model number. or other identification. is used without the phrase "or equal". the CONTRACTOR shall use the brand. make and model speclfled). 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 b'e made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT. prior to performing any work Involving a conflict In the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents. only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions. if any (d) Contract with all Exhibits thereto (e) General Conditions Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (I) (g) (h) (i) (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 _ AVAILABILITY OF LANPS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of lands; 4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto. and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtainecl and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR.'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will. upon request. furnish to the Bidders. copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself os to the conditions affecting the Work. including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages. tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfled himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an Inspection of the site, Thomas F. Pepe 02-23-15 Page 48 of74 including all exploratory work done by the OWNERI CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract. or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER! CONSULTANT. Piffedn, Site Conditions' 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery. and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY snail promptly Investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for. performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 -INSURANCE Contractor shall comply with the insurance reqUirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Sypervjsjon and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques. sequences and procedures of construction. The CONTR.ACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all SpeCifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These ,hall be available to the CONSULTANT and any CllY Representative at all reasonable times. A set of "As-Built" drawings, as well as the original Specifications, Drawings. Addenda, Modifications and Shop Drawings with annotations, shall be made available to the City at all times and It shall be delivered to the CITY upon completion ofthe Project. Labor' Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and perform construction as reqUired by the Contract Documents. It shall at ali times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery. tools, appliances. fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer Thomas F. Pepe 02·23·15 Page 49 of 74 are speclfled or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and eqUipment shall be applied, Installed, connected, erected, used. cleaned and conditfoned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided In the Contract Documents. Work. MaterIals. Eguipment. Products and Substitutions: 6.6 Materials, eqUipment and products incorporated In the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of 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 nor equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material. article, or piece of equipment of equal substance and function for those referred. to In the Contract Documents by reference to brand name or catalog number. and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of qUality. 6.6.3 Delay caused by obtaining approvals for sub,Stitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Speciflcatlons or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTO R. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest Is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejectIon, items shall be removed or uninstalled within five (5) business days by the CONTRACTOR at his own expense and redelivered andlor reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the CITY shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind for sard goods. Rejection for non-conformance or failure to meet delivery schedules may result in the CONTRACTOR being found in default. 6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsi~le for any excess costs occasioned or incurred thereby. 6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or service(s} In a timely manner as requested, to obtain the good and/or services from other sources and deductIng the cost from the Contract Price without violating the intent of.the Contract. Concerning SubcQptractoni: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Thomas F. Pepe 02·23·15 Page 500174 Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so, 6.B The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relatlon,hip between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or CONSULTANT to payor to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. . 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6, I 0 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER, 6, I I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR sl1all be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work, 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to ,ettle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If In the opinion ofthe CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they ,hall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing, 6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfillment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, natlpnal origin, sex, age, sexual orientation, familial status or disability. This paragraph shall be made a part of the subcontractor's contract with the Contractor. patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design. process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any Infringement of such rights during or after the completion of the Work. and shaH defend all such claims in connection with any alleged infringement of such rights. 6,14 The CONTRACTOR shall be responsible for determining the application of patent rights and royaltle, materials. appliances, articles or systems prior to bidding. However. he shall not be responsible for such determination on systems which do not involve purchase by them of materials. appl1ances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid, When such charges are normally made by the CITY and when so stated in the Spedal Condition" there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining ,uch permits and licenses. The CONTRACTOR ,hall also . pay all pu blic utility charge" Thomas F. Pepe 02-23-15 Page 51 of 74 Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime-CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. lighting shall be provided by the CONTRACTOR in .11 spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations' 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance thereWith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations. and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and SpeCifications are in accordance with such laws. ordinances, rules and regulations. Discriminatlon; 6.17 A No action shall be taken by the Contractor with regard to the fulfillment of the terms of the Contract, including the hiring and retention of-employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin. sex, age, sexual orientation. fannilial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structure~ and utilities not designated for removal, relotation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated In writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes In the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him In an emergency which arose from causes beyond his control entities him to an Increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided In Articles II and 12. Shop Drawjnes and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, In accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings Thomas F. Pepe 02-23·) 5 Page 52 of 74 6.23 6.24 6.25 6.26 shall be complete with respect to dimensions. design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work. all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR. identified clearly as to material, manufacturer. any pertinent catalog numbers and the use for which intended. At the time of each submission, the CONTRACTOR shall notify the CONSULTANT. in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. The CONSULTANT shall review with responsible promptness Shop Drawings and Samples. but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the Items functions. The CONTRACTOR shall make any corrections reqUired by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re·submission. The CONTRACTOR'S stamp of approval on ·any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities. dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop DraWing and each approved sample shall be kept in goad order, in a book or binder, in chronological order or in such other order required by the CONSULTANT In writing. by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation. nor shall any review by the CONSULT ANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work. from the property, roadways, sidewalks. parking areas. lawn and all adjacent property, In addition, the CONTRACTOR shall dean his portion of Work Involved in any building under this Contract, so that no further cleaning by the OWNER is necessary prior to its occupancy and he shall restore aU property. both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not dean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall. at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for In a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be dosed, the CONTRACTOR shall notify law enforcement agencies and in partcular, the City of South Thomas F. Pepe Ol-l3-15 Page 53 of 74 M1am1 Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provIded and maintained at all times. SanItary Provisions: 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condItion and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding onlythose claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approyal of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors. sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete Installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rlghts-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with reqUirements of the special conditions. The OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36, Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements.. , 6.36.1 The CITY will cooperate with the CONTRACTOR. in obtaining action from any utilities or public authorit1es involved in the above reqUirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. CQQ~eratiQn With Goyernmental Departments, Public Utilities. Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties ll ) owning or controlling roadways, railways. water, sewer, gas, electrical condUits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guy~. etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location Is identified and to obtain Thomas F. Pepe 02-23-15 Page 54 of74 authority from these third parties for relocation If the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work. shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities. and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws. ordinance,. and regulations which in any manner affect those engaged or employed 1n the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof, Use Premises: 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site, 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pres~ures that will endanger It. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of Its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will de,ignate spedfic areas on the site for storage, parking. etc. and the Job site shall be fenced to protect the Job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office faciUtles for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protect jon of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, Sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such Improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract, ARTICLE 7· WORK BY OTHERS, 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct c;ontracts (or the OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or result' of the Work of any other contractor or the OWNER. the CONTRACTOR shall promptly report to the CONSULTANT In writing any defects or deflciencles in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be reqUired to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written con,entofthe CONSULTANT and ofthe other contractor whose work will be affected. Thomas F. Pepe 02·2J·15 Page 55 of 74 7.4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the OWNER or others will cause the CONTRACTOR additional expense or entities him to an extension of the Contract Time, he may make a claim therefore as provided in Articles II and 12. 7.5 Where practicable, the CONTRACTOR shail build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall reqUire speCific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shail be cut by the separate contractor requiring such alterations after approval olthe CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use ofslte facilities and in the detailed execution afthe Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.B Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shail notify the CONSULTANT immediately and In writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES. 8.1 The CITY will iSSue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment olthe CONSULTANT, the CITY will appoint .. CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to prOViding lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions ofthe Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expiredj but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9-CONSULTANTS' STATUS DURING CONSTRUCTION. eitis Representative- 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority ofthe CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, ~withln the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided In this contract, all claims, counterclaims. disputes and other matters In question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the State of Florida Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine If the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing Thomas F. Pepe 02·2]·15 Page 56 of 74 assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations, On the basis of these on site- observations as an experienced and qualified design ·professlonal, he shall keep the CITY informed of the progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations; 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall Intent of the Contract Documents. If the CONTRACTOR seeks an increase In the Contract Price or extension of Contract Time based on a written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities' 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejectinz Defective Work; 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is UOefective Worku as defined in Article I. It shall also have authority to require spedallnsp.ection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections andlor testing shall be approved In writing by the CITY. All consequential cost of such inspections and testing, induding but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to prOVide alternative facilities until the repair work can be. completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Sbop Drawings Change Orders and payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, Inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc" see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques. sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees. or any other person performing any of the Work under or through them. ARTICLE 10· CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the CITY may, at any time or from tirne to time. order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment wit! be made as f>rovlded in Article I I or Article 12. A written Change Order signed by the CITY and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value ofthe change in the Work as well as to any change in the time to complete the Work unde;r the circumstances. The failure to include a time extension in Thomas F. Pepe 02·23·15 Page 57 of 74 10.2 10.3 10.4 10.5 the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. The CONSULTANT may authorize minor changes or alterations 1n the Work not involvIng extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter. otherwise the CONTRACTOR shall be deemed to have waived such claim. Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change In the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be . charged to the CONTRACTOR. ARTICLE II -CHANGE OF CONTRACT PRICE .. I 1.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11.2 The CITY may, at any time, without written notice to the sureties, by written ,order designated or indicated to be a Change Order. make any change in the Work within the general scope of the Contract. including but not limited to changes to or in: 11.2.1 Specifications (Including drawings and designs); 11.2.2 Method or manner of performance ofthe Work 11.2.3 CITY-furnished facilities, equipment, materials, services. or site; or 11.2.4 Acceleration in the performance of the Work. I 1.3 Except as provided in this section. or sections referred to in this section, no order. statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly prOVided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. I 1.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even If the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for. the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement. an equitable adjustment based on the cost of the Work shall· be made and the Contract modified accordingly. I 1.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt ola written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for eqUitable adjustment, time extension requested and supporting data. In determining the cost of tile Change Order, the costs shall be limited to those listed in section 11.7 and II.S. I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed If not submitted in accordance with this section or if asserted after final payment under this Contract. I 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined In one of the following ways: 11.7. I By negotiated lump sum. Thomas F. Pepe 02-13-15 Page 58 of 74 I i J 1.7.2 On the basis of the reasonable cost and savings that results tom the change In the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. lithe CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs. the CONTRACT shall provide a list of all costs together with backup documentation I 1.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR In the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY. such costs shall be In amounts no higher than those prevailing in Mlami~Dade County and shall Include only the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described In the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll eo"s shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions. unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Sunday or legal holidays shall be inciuded In the above only if authorized by CITY and provided It was not in any way, whether in whole or In part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and st9rage, and manufacturers' field services reqUired In connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for Items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. 11.8.3 Payment, made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT. which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor Is to be paid on the basis of Cost of Work plus a fee. the cost 01 the Work shall be determined in accordance this section I 1.8 and In such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery, except hand tools. and the parts thereof wnetner rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT. and the costs oftransportation. loading. unloading, installation. dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. II.B.S Sales, use or similar taxes related to the Work, and for whiCh CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for pe'rmlts and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.B Minor expenses such as telegrams. long distance telephone calls, telephone service at the site, expressage and similar petty cash, items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance reqUired solely because of changes In the Work. not to exceed two percent (2%) of the Increase In the Cost 01 the Work. 11.9 The term Cost oftheWork shall NOT include any of the follOWing: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives. principals (01 partnership and sale proprietorships), general managers, engineers, architects. estimators. lawyers, agents. expediters. timekeepers. clerks and other personnel employed by CONTRACTOR Thomas F. Pepe 02.23·15 Page 59 of 74 whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to In Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including Interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or (or whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any Item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER. for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in I 1.8. When both additions and credits are involved in anyone change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12· TIME FOR COMPLETION. LIOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It Is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing In the locality of the Work. No extension of time shall be granted due conditions that the Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obViate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above·stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is autharl .. d to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension In the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature ofthe claim including supporting data. All claims for adjustment in the Co "tract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. Thoma F. Pepe 02·.23·15 Page 60 of 74 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension 01 time lor the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of Inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather Is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase In the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, . impact or other costs, expenses or damages. including but not limited to, costs of acceleration or inefficiency. overhead or lost profits. arising because of delay; disruption. Interference or hindrance from any cause whatsoever. whether such delay, disruption, interference or hindrance be reasonable or unreasonable. foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a Question of fact arises under the Contract, other than termination for default or convenience, the CONTRACTOR and the city department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and the CONSULTANT shall rule on the disputed Iss!Je and send a written copy of its decision to the CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project. ARTICLE 13 -GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly. all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed delects with reasonable promptness. In the event that the CONTRACTOR should fall to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby Incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed In Section 13.1, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis lor the OWNER, at the CITY's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at hi. own expense and r.delivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR. thereby waives any claim to the Thomas F. Pepe 02-23-15 Page 61 of 74 good or to compensation of any kind. Rejection for Non-conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described In the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled . out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons. firms and corporations who have furnfshed labor, services or materials Incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and eqUipment not incorporated in the Work but delivered and suitably st~red at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the OWNER'S title to the material and equipment as well as certificates of Insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR. indicating in writing his reasons for refUSing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis ofthe approved partial payment estimate. The OWNER shall retain ten (10%) percent ofthe amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the OWNER. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to Issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Wor~ materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear of ali liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "LIens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an Interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTANTs approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANTs on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that. to the best his knowledge. information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any Thomas F. Pepe 02-23-15 Page 62 of 74 qualifications stated In his approval); and that the CONTRACTOR Is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work. materials. or eqUipment has passed to the OWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: , "'I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all, his Subcontractors and suppliers. except for the amounts listed below beside the names of the persons who performed work or supplied materials ". . In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary In Its opinion to protect the OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications. 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persIstent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of. or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the OWNER. with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not Interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions ofthe Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not b. construed as relieving the CONTRACTOR of the sale responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the OWNER. 14.9 Upon compledon and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a Thomas F. Pepe 02·23·15 Page 63 of74 credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice Is approved for payment. After an Invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the Invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment. however, final or otherwise. shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens' have been flied or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, If valid and paid. would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there Is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% In the case of Substantial Completion and 5% in the case of Final Completion, i 4.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by the CONSULTANT, the CONTRACTOR shall repay to the City 01 South Miami any money paid as a result of said Initial Certification being issued which shall be paid only when the decertified work is re- certified. ARTICLE! 5 -SUSPENSION OF WORK ANP TERMINATION. /5.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fox the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and If a claim is timely made and If It Is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws. or If he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly falls to make prompt payments to Subcontractors or for labor. materials or equipment or he disregards laws. ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents. then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work 'is finished, If the unpaid balance of the Thomas F. Pepe 02-23-15 Page 64 of 74 Contract Price exceeds the direct and Indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the OWNER. Such costs incurred by the OWNER shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent Jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as afthe date of the terminatioll, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. 15.4A The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment IS.S In the case of termination of this Contract before completion for any cause wnatever, the CONTRACTOR, If notified to do so by the CITY, shall promptly remove .ny part or all of its equipment and supplies from the property of the OWNER. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR. agrees that the OWNER. shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shaH not be construed to include such items for which the CONTRACTOR has been paid In whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work Is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it Is submitted, or the OWNER. falls to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar day. of its approval, and presentation, then the CONTRACTOR may. upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lIeu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the. CITY and the CONSULTANT stop the Work until It has been paid all amounts then due. Indemnification of Independent Consultant 15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which reqUires the approval of the CONSULTANT. Thomas F. Pepe 02·23·15 Page 65 0174 ARTICLE 16 -MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the Individual or to a member of the firm or to an officer of the corporation for whom It is intended, or If delivered at or sent by registered or certifled mail. postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and StJpplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall be in addition to, and shaH not be construed in any way as a limitation of. any rights and remedies available by law. by special guarantee or by other provisions of the Contract Documents. 16.4 Should the OWNER or the CONTRACTOR sulfer injury or damage to its person or property because of any error, omission. or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of the first observance of such injury or damage. ARTICLE 17. WAIVER OF IURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right e~her may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE lB· ATTORNEYS FEES JURISDICTION I VENUE I GOVERNING LAW, I B.I The Contract shall be construed in .accordance with and governed by the law of the State of Florida. /8.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County. Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims. disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or relating to this Contract or the breach thereof. shall be decided In a court of competent jurisdiction within the State' of Florida . . ARTICLE 19· PROIECT RECORpS. 19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts. financial or otherwise. which relate to the Project and to any claim for a period of three (3) years following flnal completion of the Project. During the Project and the three (3) year period follOWing final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law; (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 Thomas F. Pepe n·ll·IS Page 66 of 74 that are exempt or confidential and exempt from public records disclosure requirements, All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 19.3 If CONTRACCTOR or its suboontractor does not comply with a public records request. the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to OWNER for Its costs of enforcing this provision. including attorney fees incurred In all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held lnvalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which It shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effec~ and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 The CONTRACTOR is an Independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel policies, tax responsibilities, sodal security and health Insurance, employee benefits, purchasing policies and other simllar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall not transfer or assign any of its rights. or duties, obligations and responsibilities arising under the terms, conditions and provisions of thls'Contract without prior written consent of the City Manager. The CITY will not unreasonably withhold andlor delay its consent to the assignment of the CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the CONTRACTOR to assign Its duties. obligations and responsibilities. In any event, the CITY shall not consent to such assignment unless CONTRACTOR remains jOintly and severally liable for any breach of the Agreement bY'the assignee, the assignee meets all of the CITY's requirements to the CITY's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by the CONTRACTOR IN WITNESS WHEREOF, the parties hereto hi~xecuted t~eriil Conditions ~ycknowledge their Inclusion as part of the Contract Documents on this day of If" , 20fl, Print Signatory's a e: .....lJla~V1I1J·ll:eL.r.!..GllalIr:;;ZlJ.QnIL _______ _ Title of Signatory: Vjce President ATTESTED: Signature: --;:-:-:--:-:-_-;-____ _ Maria Menendez City Clerk Read and Approved as to Form, language, legality, and Execution Thereof: S·,gnature: -coc--:--------- City Attorney OWNER: CITY OF SOUTH MIAMI Signature: Steven Alexander City Manager Page 67 of 74 Thomas F. Pepe 02·23.15 EXHIBIT 6 Supplementary Conditions Drainage Improvements at Dante Fascell Park RFP #PR-10I5-16 A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any, and the City's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant Mman, Swa'in & Associates. Inc, 2025 S.W. 32 Avenue Miami,.FI33145 Ph: 305' ...... 1-0123 Fax: 305' ...... 1·0668 B, Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished one (I) sets of Contract Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a cost to the CONTRACTOR equal to the reproduction cost. D. The Scope of Services Is set forth in the RFP and in the document set forth In the attached EXHIBIT I, Attachment A & B. E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and In the document set forth in the attached EXHIBIT 2 F. The Work shall be completed in 60 working days unless a shorter time Is set forth in the Contract and in such event the Contract shall take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary .. IN WITNESS WHEREOF, the parties hereto hr01'l'ecuted t~~;"1!'ntary Conditi<;lfls to acknowledge their Inclusion as part of the Contract on this 11Iday of ~-r ,201£ CONTRACTO xcavation Cor Signature~·~g~~~~~ssss~~~~-Print Signatory's Name' n Title of Signator : ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: __________ _ Maria Menendez City Clerk Read and Approved as to Form, language, Legality, and Execution Thereof: Signature: -c,,--,--------- City Attorney Thomas F, Pepe 01·13·15 END OF SECTION Page 68 of 74 Signature: Steven Alexander City Manager Raidel Perez President/Superintendent 7875 NW 29th Street, Suite B Doral, FL 33122 0: 786.577.4998 F: 786.391.0217 E-mail: raidel@rpucorp.com UTILITY & EXCAVATION CORP. UNDERGROUND ENGINEERING PREVIOUS EXPERIENCE Plantation Park, Phase F, CARIBE UTILITIES OF FLORIDA, 11130 N. Kendall Dr. Suite 104, Miami, FL 33176 Jesus Quinones, Project Manager, Tel. No.: 305-370-8730, E-mail: caribe@caribeutilities.com Scope: Install 2,500 LF of 8-inch water main, new water services, pressure and bacteriological testing. Original contract amount: $120,000.00 Final amount: $133,000.00 Start date: 8/12/2012 Final completion: 12/25/2012. City of Hollywood Water Services Relocation Project, METRO EQUIPMENT SERVICE, INC., 9415 SW 72 Street Suite 131, Miami, FL 33173. Alejandro Balsinde -Project Manager, Tel. No.: 305-297-4883, E- mail: abmetro@att.net. Scope: Installation of 200 water meters, relocation of water meters, replacement concrete sidewalk, asphalt surface, and sodding. Original contract amount: $150,000 Final amount: $167,836.95 Sta rt Date: 1/7/2013 Final completion: 5/13/2013. Sylva Martin Drainage, CITY OF SOUTH MIAMI, 6130 Sunset Drive, South Miami, FL 33143. Ricardo Ayala -Project Manager, Tel. No.: 305-796-5944, E-mail: rayala@southmiamifl.gov. Scope: Install yard drain, foundation drain, asphalt pavement restoration, and sodding. Original contract amount: $19,850.00 Final amount: $19,850.00 Start Date: 6/2/2013 Final completion: 7/1/2013. Southwest 72 Ave. and 70" Terrace Water Main, TOWN OF DAVIE, 6591 Orange Drive, Davie, FL 33314. Jose Luis Rivas -Engineering Inspector, Tel. No.: 954-448-1682, E-mail: jose_rivas@davie-fl.gov. Scope: Installation of new water main, sod restoration, milling and resurfacing of 56,700 SF of road. Original contract amount: $329,759.54 Final amount: $336,305.94. Sta rt Date: 10/28/2013 Final completion: 2/26/2014 Road and Drainage Repair, ViLLAGE OF BiSCAYNE PARK, 640 NE 114 Street, Biscayne Park, FL 33161, Tony Gomes-Senior Field Representative, Tel. No.: 954-815-9109, E-mail: tgomes@craigasmith.com. Scope: Drainage and Asphalt Repair. Original contract amount: $17,500.00 Final amount: $17,500.00 Start Date: 3/22/2014 Final completion: 5/9/2014 Margate Sanitary Force Main, METRO EQUIPMENT SERVICE, INC., 9415 SW 72 Street Suite 131, Miami, Fl33173. Alejandro Balsinde -Project Manager, Tel. No.: 305-297-4883, E-mail: abmetro@att.net. Scope: Installation of approximately 1,500 IF of 20-inch DIP force main, grouting, and abandoning of +/- 2,800 LF of 14-inch, 12-inch, and 6-inch ACP Force Main. Installation and tying-in of 150 LF of20-lnch DIP through 36-inch steel casing installed via Jack & Bore by others. Original contract amount: $101,300.00 Final amount: $101,300.00 Start Date: 6/1/2014 Final Completion: 11/20/2014 Permeable Paver Alley Improvements, CITY OF POMPANO BEACH, 1201 NE 5 th Avenue, Pompano Beach, FL 33060. Alessandra Delfico -City Engineer, Tel. No.: 954-786·4144, E-mail: . alessandra.delfico@copbfl.com. Scope: Installation of paver drainage system. Original contract amount: $34,074.35 Final amount: $34,074.35 Start Date: 11/28/2014 Final completion date: 12/23/2014. Calusa Park Golf Path, VILLAGE OF KEY BISCAYNE, 88 West Mcintyre Street, Suite 230, Key Biscayne, FL 33149. Tony O. Brown -Public Works Superintendent, Tel. No.: 305-365-7568, E-mail: tbrown@keybiscayne.fl.gov. Scope: Installation of new brick road for pedestrian and golf cart use. Original contract amount: $84,470.00 Final amount: $81,387.00 Start Date: 1/5/2015 Final completion 3/15/2015 Olela River State Park Sidewalk and Bike Path Repairs, Florida Park Services Bureau Of Design" Construction, 13798 SE Federal Highway, Hobe Sound ,FL 33455. Adam J. Belden -Assistant Park Manager, Tel. No.: 786"367"6850, E-mail: adam.belden@dep.state.fl.us. Scope: Installation of concrete sidewalk, repair of existing side walk and bike paths. Original contract amount: $33,451.50 Final amount: $33,451.50 Start Date: 2/18/2015 Final completion date: 3/17/2015 Morgan Levy Parking Lot Improvements, City of Doral, 8401 NW 53"Terrace, Doral, FL 33166 Lazaro Quintero, Assistant Parks and Recreation Director, Tel. No.: 305-593-6600, E-mail: lazaro.quintero@cityofdoral.com Scope: Clearing and grubbing, Installation of subgrade, lime rock, and resurfacing, striping, Installation of concrete curb, and modification of irrigation system. Original contract amount: $50,100.00 Final amount: $50,100.00 Start date: 5/25/2015 Final completion: 6/25/2015 Key Qualtfltatlons • Project Management • Project Acquisition &. Estimating • Procurement of Material & Equipment • Project scheduling. Submittals, Pay Requisitions, Coordination of Sub~ Contractors & Field Crews • Assist Engineers & Municipalities With Analyzing Constructabillty of Project and Provide Value Engineering • Familiar with MDWASDstaff, processes 811d procedures Vears of Industry Experience 10 Years Vears of Similar Project Experience 10 Years Education Sroward College 2002 -2004 Florida international University 2004-2006 Client Reference Clece Aurelus, P.E. City of Hollywood 954-921·3930 caurelus@hollywoodfl.org Tim Welch, P ,E, Clty of Sunrise 954·888-6055 tweich@sunrisefl.gov James Montalvo Orange County Utilities 407-508-2120 James.montalvo@ocfl.net Javier A. Garzon Vice President/Estimator OVERVIEW UTILITY & EXCAVATlON CORP. UNDERGROUNDENGlNEERlNG Mr. Garzon has over 10 years of experience in the fields afwater, wastewater, reuse, and water resources construction project management/estimating. Over the last 10 years, he has completed numerous projects for various municipalities in the State of Florida. His underground utilities experience includes estimating, managing, permitting, procurement of materials/equipment, scheduling, submittals, pay requisitions, coordination of subcontractors, coordination of mobilizations, assisting superintendents with planning and personnel needs, assisting engineers & municipalities with analyzing constructability of a project, and providing value engineering, PROJECT EXPERIENCE Ulmerton Road Gravity Sewer Main Installation, Project #409154-1-52·01 & 409155-1·52-01, FOOT Contract #T-7292 Conalvlas USA (Prime contractor) , Project Completed: 3/2015 Project Manager/Estimator Contact: Juan Hernandez, Director, 954-295-0389, jhernandez@conalviasusa,com Contract Amount: $851,939.24 Final Contract Amount: $950,000.00 Installation (labor & equipment only) of 2,167 IF of 8-inch PVC & 1,839 IF of 12-inch DIP gravity sewer at 6 IF to 18 IF depths, 14 sanitary manholes, and 354 LF of 6-inch PVC force main, International Drive Force Main and Reclaimed Water Main Improvements Project #Y13·7001-PH Orange County Utilities, Orlando, Fl Project Completed: 5/2015 Project Manager/Estimator Contact: Dennis Davies, Inspector, 407-468-8725, robert.davles@ocfl.net Contract Amount: $6,363,930.30 Final Contract Amount: $6,264,623.24 Demolition of Pump Station #3597, Installation of 2,600 IF of 20-inch, 3,500 LF of 24- inch, and 5,500 IF of 3D-Inch PVC Force Main, Installation of 3D1lF of 36-lnch steel casing under S,R. 535 via Jack & Bore and 90 IF of 20-Inch HDPE FM via Horizontal Directional Drill. Installation of 11,400 LF of 24-inch DIP Reclaimed Water Main & 200 LF of 24-inch HOPE Reclaimed Water Main via Horizontal Directional Drill. Placing out of service and demolition of Pump Station #3624. Sanitary Force Main Installation, Project #2014-C07 City of Margate, Margate, Fl Project Completed: 5/2015 Project Manager/Estimator Contact: Abraham Stubbins, Inspector, 954-605-0787, astubblns@margatefl,com Contract Amount: $1,449,895.00 Final Contract Amount; $1,372,210.86 Installation of 3,039 IF of 20-inch DIP Force Main, 790 IF of 20-inch HOPE via HOD, 145 IF of 36-inch steel casing via Jack & Bore, road rebuilding at NW 9th Street & S,R, 7, and 5,000 SY of 1.25-inch milling & resurfacing, Pasadena 36-inch Force Main Replacement Phase 2 City of St. Petersburg, St. Petersburg, FL Javier Garzon Vice President/Estimator Project Completed: 9/2014 Project Manager/Estimator Contact: TImothy Hume, Inspector, 727-542-5387, tlmothy.hume@stpete.org Contract Amount: $1,685,604.00 Final Contract Amount: $1,685,604.00 Construction of 2,050 IF of 36-inch DIP force main. Installation of 36-inch Gate Valves and 36-inch Plug Valves. 36- inch by 3D-inch line Stop with temporary bypass system. Milling and paving of approximately S,OOOSY. Water Services and Water Meter Relocation Project #12-5112 City of Hollywood, Hollywood, FL Project Completed: 9/2014 Project Manager/Estimator Contact: Les Pettit, Project Mana.er, 954-921-3995, Ipettlt@hollywoodfl.org Contract Amount: $350,586.00 Final Contract Amount: $296,495.41 Installation of new service lines and relocation of 148 water meters from the rear to the front of the property. Park City Water Main Replacement, Project # 408-6129-536.65.02 City of Sunrise, Sunrise, FL Project Completed: 12/2013 Project Manager/Estimator Contact: Tim Welch, Director of Utilities, 954-888-6055, twelch@sunrisefl.gov Contract Amount: $4,771,150.00 Final Contract Amount: $4,951,558.67 Instailation of approximately 5 line.r miles of 4-inch, 6-inch, 8-inch, and 12-inch PVC potable water piping, fire hydrants, and service connections and water meter relocation for 1,200 homes. Completed potable water main and service connections to existing asbestos concrete piping. Installation of approximately 2,250 linear feet of 4-inch and 8-inch PVC force main piping, 550 linear feet of 12-inch DIP force main piping, and grouting and abandoning approximately 6,700 linear feet of existing asbestos concrete potable water and force main piping. Resurfacing of 150,000 SY of neighborhood roads with I-inch asphalt mix and leveling course. Eden Pines/Pine Channel Estates Tropical Key Colony/ Beach Dr. Distribution Upgrade Florida Keys Aqueduct Authority, Big Pine Key, FL Project Completed: 12/2012' Project Manager/Estimator Contact: Joe Ivey, Construction Manager, 305-745-3991, jlvey@fkaa.com Contract Amount: $2,634,600.15 Final Contract Amount: $2,634,600.15 Installation of 31,500 IF of 4-inch, 6-lnch, & a-inch water main, two bridge crossings, installation of 420 water meters, and the replacement of 292 meters with T-l0 Meters. Distribution Piping Upgrade for Short Term Scenario South 35th Avenue From Hollywood Boulevard To Washington Street, Project # 10-5104 City of Hollywood, Hollywood, FL Project Completed: 4/2012 Project Manager/Estimator Contact: Cloce Aurelus, Project Manager, 305-745-3991, caurelus@hollywoodfl.org Contract Amount: $926,689.50 Final Contract Amount: $878,206.84 Installation 3,000 LF of 24-inch and 3D-inch WM. HDD approx. 400 IF of 30-inch HDPE under Hollywood Blvd. (FDOT ROW). The contract also included a 3D-inch by 24-inch tap into and operational 3D-inch pcep Transmission Main. Duck Key Utilities Improvement Project Phase 7 Florida Keys Aqueduct Authority, Duck Key, FL Project Completed: 9/2013 Contact: Joe Ivey, Construction Manager, 305-745-3991, jivey@fkaa.oom Contract Amount: $2,726,000.00 Final Contract Amount: $2,726,000.00 Javier Garzon Vice President/Estimator Project Manager/Estimator Installation of 3,310 LF of 8-inch gravity sewer with 11 Manholes, and 40 gravity sewer laterals. One duplex Lift station, 1 shallow Injection well permitted through SFWMD for Dewatering. 6,680 LF of 2-inch through 4-inch PVC force main, 2760 LF of 4-inch through 8-lnch water main with 5 fire hydrants, and 33 water services. The project also required completed roadway reconstruction in the amount of 6,100 SY and a complete overlay of the Duck Key Island In the amount of 57,600 SY. The project also included the installation of 29 Simplex Grinder Stations, 1 Duplex Grinder station, and 29 Lateral Kit Assemblies. Duck Key Utilities Improvement Project Phase 4-6 Florida Keys Aqueduct Authority, Duck Key, FL Project Completed: 3/2013 Project Manager/Estimator Contact: Joe Ivey, Construction Manager, 305-745-3991, jlvey@fkaa.com Contract Amount: $4,961,000.00 Final Contract Amount: $4,961,000.00 Installation of 11,300 LF of a-inch gravity seWer with 53 Manholes, and 151 gravity sewer laterals, 2 duplex lift stations, 1 triplex lift station, 3 shallow injection wells permitted through SFWMO for dewatering. Installation af 4,800 LF of 2-inch through4-inch PVC farce main, 9,650 LF of 4-inch and 6-inch reclaimed water main with 135 services. Installation 12,500 LF af 4-inch through a-inch water main with 14 fire hydrants, and 118 water services. One curved bridge crossing with 3 different utilities installed with stainless steel pipe. The proJect also required completed roadway reconstruction Duck Key Utilities Improvement Project Phase 3 Florida Keys Aqueduct Authority, Duck Key, FL Project Completed: 9/2011 Project Manager/Eslimator Contact: Joe Ivey, Construction Manager, 305-745-3991, jlvey@fkaa.com Contract Amount: $1,125,250.00 Final Contract Amount: $1,125,250.00 Installation of gravity sewer, reclaimed water main, force main, potable water main, and p,ump station. Duck Key Utilities Improvement Project Phase 1 & 2 Florida Keys Aqueduct Authority, Duck Key, FL Project Completed: 12/2011 Project Manager/Estimator Contact: Joe Ivey, Construction Manager, 305-74S-3991,jivey@fkaa.com Contract Amount: $4,867,528.00 Final Contract Amount: $4,867,528.00 Installation of gravity sewer, reclaimed water main, force main} potable water main, and pump statlon. Town of Davie Wa~r & Waste Water System Expansion AECOM, Davie, FL Project Completed: 12/2011 Project Manager/Estimator Contact: J.R. Richards, Construction Manager, 954-745-7232 Contract Amount: $1,387,192.00 Final Contract Amount: $1,387,192.00 Installation of yard piping and offsite piping to wells. Sizes vary from 24-inch to lO-inch pipe and materials vary between HOPE, PVC, & DIP. Water line Improvement Phase 1 Miccosukee Tribe of Indians, Miami, FL Javier Garzon Vice President/Estimator Project Completed: 10/2011 Project Manager/Estimator Contact: Tim Dengar, Construction Manager, 239-332-4569 Contract Amount: $320,845.00 Final Contract Amount: $320,845.00 Miscellaneous water line improvements and reconstruction of road base including milling and overlay. North Bay Village Design Build To,.,n of North Bay Village, Miami, FL Project Completed: 9/2011 Contact: Gary Ratay, Project Manager, 954-535-5100 Contract Amount: $4,457,012.00 Final Contract Amount: $4,457,012.00 Project Manager/Estimator Three 20-inch HDPE crossings. Installation 5400 LF of 3-inch through i6-inch FM and open cut PVC 8400 LF. Marathon Distribution Main Florida Keys Aqueduct Authority, Marathon, FL Project Duration: 2/2011 Project Manager/Estimator Contact: Joe Ivey, Construction Manager, 305-745-3991, Jlvey@fkaa.com Contract Amount: $2,507,000.00 Final Contr_ctAmount: $2,507,000.00 Furnish and ln5tall17,100 LF of 12-inch distribution water main including hydrants, water services, and connections to existing mains. Vacuum Sewer Collection System Key Largo Waste Water Treatment District, Key Largo, FL Project Completed: 11/2011 Project Manager/Estimator Contact: Margaret Blank, Project Manager, 305-451-4019 Contract Amount: $17,277,889.21 Final Contract Amount: $17,277,889.21 Construction of over 100,000 LF of vacuum sewer collection system from 4-inch to 12-inch, 674 vacuum pits, 2100 clean outs and 45,640 LF of 6-inch gravity sewer laterals. I STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET . TALLAHASSEE FL32399-0783· PEREZ, RAIDEl R.P. UTILITY & EXCAVATION CORP 7875 NW 29TH ST STE B MIAMI FL 33122 Congratulatlonsl With this license you become one althe nearly onsmillion Floridians licensed by the Department of Buolnes. and F'rofe,slonal Regulation. Our professionals and buslneoses range from architect. to yacht brokers, from boxers to barbeque restaurants, and they keep Ftorlda's economy strong. Every day we work to improve the ilJay we do buoinesi/ln ord~r to serve you belter. For Information about our .ervlces, ple.se log onto www.myllorldallcense.com. There you can find more informallon about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the Department's InllatJves. Our· mission at the Department Is: License EffiCiently, Regulate Fairly. We constantly strive to selVe you better sa that you can selVe you, customers. Thank you for doing business in Florid., and congratUlations on your new license I DETACH HERE ISSUED: 05l28120t5 DISPLAY AS REQUIRED BY LAW (850) 487·1395 S.EQ # L 1605280000942 Detail by Entity Name iI by Entity N;ame .P. UTILITY & EXCAVATION CORP IDoc:ument Number II:"::'.'I:::'M Number Filed IEff"cti'/e Date Event Il=vAnt Date Filed IFvAnt Effective Date P11000062856 45-2742507 07/11/2011 ()7/11/2011 FL ACTIVE AMENDMENT ()6/11/2015 NONE NW 29TH STREET SUITE B IU'-'t"(I'I.L, FL 33122 Ir.h"nn,,,d· 06/11/2015 NW 29TH STREET SUITE B IUUt"(I'\L, FL 33122 ICh",na.,d: 06/11/2015 IPEFtEZ. RAIDEL 29TH STREET SUITE B IUU',","'L. FL 33122 IAncir"",. Changed: 06/11/2015 INanle & Address P IPEF~EZ., RAIDEL 10 sw 110 ave IMlfllViI. FL 33165 Page 1 of3 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaii ?inq ... 8/14/2015 Detail by Entity Name Title V GARZON, JAVIER A 7875 NW 29TH STREET SUITE B DORAL, FL 33122 ~nnual Reoorts Report Year Filed Date 2013 02/16/20'13 2014 02/06/20'14 2015 02/06/2015 Document Imaaes 06/11/2015 --Amendment 02/06/2015 --ANNUAL REPORT 02/06/2014 --ANNUAL REPORT 04/08/2013 --Amendment 02/16/2013 --ANNUAL REPORT 02/06/20'12 --ANNUAL REPORT 01/20/20'12 --Amendment 07/11/20'11 --Domestic Profit ,-.,._-.•.• ,<"". ''''_''_0 ._"h .•• " _,_"_~~.",,, "" ,., ",-""" View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State Page 2 of3 http://search.sunbiz.orgJlnquiry ICorporationSearch/SearchResultDetail ?inq... 8/14/2015 ~ .. 0.. • .. ". TO. Amendment Seotion Division .fCorporations 't:. "Ii II '., " , ... ~ l1li'. ..,' '~~., ., ·t. g}~£BwmER . , NAME OF CORPORATION. R,P.I_JI_i1i_IY_&_Ex_c_av_a_lio_n_C_o_rp_. ___________ _ DOCUMENT NUMBER. PilV00062856 -------------------------------- The enclosed Arlieles of Amendment.nd fee are submitted for filing. Please relurn all correspondence concolning this matter 10 Ihe following: Reidel Perez Name of Contact Person R, p, UtililY & Excavation Corp. finnl Company 7875 NW 29th !ltre", Suile B Address Doral. FL 33122 Cltyl State and Zip Code raidol@rpucorp.com E.mail address: (to be used for /\Iture annual repOrl nOlill.ation) For fUrlher information conceming this matter, please call: _J._v_ie_r_O_.n_o_n~-~~-~-. __ -----__ M(786 )~S~77_._66~6_6~~_~~ ___ Nome of Olntacl Person Are. Code & Daytime Telephone Number Enclosed is a check for the following &lnount made payable to the Florida Deparlment of Stale: El 535 Filing Fee 0$43,75 Piling Pee & Certificate orStatu, Mailing Address Amendment Seclion Division of Corporations P,O, Box 6327 Tallahassee. FL 32314 0$43.75 Filing fee & Certified Copy (Additional copy is enclosed) OS52.50 Filing Fee Certillcale or Status Certified Copy (Additional Copy is enclosed) Street Address Amendment Section Division of Corporations ' Clifion Building 2661 Executive Center Circl. Tanahassee, PL 32301 't' -" i '. , R.P. Utllily & Ex •• vation Corp. Artleles of Amendment to Artlel •• of Incorporallon of t:l1< ,,',,',' 15 JU!lll PM 3: 56 (~e at Corporation I' currently OIed with the f)orJda Dept. ofSlatl) PI 1000062856 (Document Number of Corporation (if known) Pursuant to the provisions ofo.ction 607.1006, Florida SlaMes,tbis Florida Plojit CorpD,atl •• adopts the following amendment(s) 10 ils "nieles of Incorporalion: A. If amending Dame. enter the new name .fthe comoraclouj N/A ___ -.;--."....,--.c-:,--:_._,-.,..-_-:-:-__ .,--::--. __ -::-_-::-_. __ -;:;-_-:---:-Th. " ... name m,ult be distinguishable and conlain Ihe word "corpornlion," "company ... (Jr "incorporated" or tile abbrel-'Iatlon .. Corp .. " "Inc .. " or Co., .. 0/' th. d •• ll/nllt/on "Corp, " "'nc, .. 0" "Co ", A professloMI corpo'ratlon name mual contain the lYord "chartered ... ''proles~'ioncll association, .. or the Clbbrfwiation "P.A. " B. 7875 NW 29tb Street SuiteB Doral, PL 33122 c. Enter new wailip. addre§l. Ifap'!IiW!W (Ma/llngaddress MAY BEA PQSY QfflCE BQX) 7875 NW 29th Streel Suite B Doral, FL 33122 D. I(amendlng tbe registered 'pent tnd/or registered omse .ddre§S in Florida. enter the na.me Orlhe new registered apent .ndlgr the new regl.'eCld omc:t pddress: Name gfNew Regisr@redAglm( _______________________ _ (Florida sf,.," addresS) 7875 NW 29th Street, Suite B, Doral 33122 New ReIYmret! QUia Address: • Florida,_-:::;:-o:-:-,-_ --------/"'C',..'ty,'"i -------(Zip Code) New Registered Agen", Simelyr,. If changing RegIU'red Agent; I herebyacceptlh. appointment as regimrod agent, I am/amlllar with and acceptlhe obligations of the p •• ition, Signature ofN ... Registered Agem. ifchanglng Pagelof4 '-..... _-.. -._-----------_._----- • Chmending tbe Officers and/or Dir •• to ..... nter thOlltle and .IOme .ha.h om.or/dl.eeto. being removed and title. name. and add .... of each Orne •• SlIdlo. DlteclO, being added: (AI/ach additional sh.el •. Ifn.cessary) Pleas. nole Ihe off/cer/dlreclor lille by Ihejirall.lI.r 0/ 'he office till.: P = President: V= Vice President; T= Treasurer: S-S.crelary: D= Dlreclor: TR-Tl'II.flee: C = Chairman or Clerk: CEO -Chle/ Ex.cullve Officer: CFO • Chle/ Financial Off/c.r. 1/ an officer/direc,or holds more Ihan on. till •. lillih. jirst I."er 0/ .tlch off/ce held Presldenl. Treasurer. Dlreclor would be PTD. Change .. hould h. noted In ihe/ollowlng man.er. Currently John Doe /s lisled as the PST and Mike Jones is II..,." tJS lhe V. There Is a change. Mlk. Jones leaves Ih. corporal/on. Sally Smith Is named lhe V and S. These .hould be nOled as John Doe. PT as a Change. Mik. Jones. Vas Remove. and Sally Smilh. SI' as an Add. E.ample; X.Chango .eI John poe X Remove' -X Add Type of Action (Check OliO) I) __ Change X Add __ ftemove 2) _Change Add __ R~move 3) __ Change Add _Remove 4) __ Chango A.dd ~.emove 5) _Change Add __ Remove 6) _Change Add Remove MilceJonel Sally Smith v Javier A. Gar.con Page 2 of4 7875 NW 291h Slreel Suite D . Doral, FL33122 • E. ((amending olj adding additional Articles. enter shange(s) hlf!re: (Alt4ch addltlonal.heel .•. If ne""",,!,),). (Be specific) N/A F. Usn amendment providu tor aD 'Icba"". res'assiftsatJoD. or cansellation ofissued$blLl!.lt provisions tor Implementing the amendment If Dot contained in .he amendment Itsell'; <!IIIol applicable. Indlcal. ,vIA) N/A Page 3 of4 -----_._ .. • . " . The date of .ach amlndment(s) adoption. ______________________ ...,;' if ?tper Ihan Ih • dale this dO.lUllen\ was sig~ed. f; .:' ; '! 11 ,,, • "', ~r~'l':' ~ \ ,." r.(~f\j" t ! . ~ ".~ Effective date If appll<abl.: (no more than 90 days aft.r am.Mm.nlf/f. dale) 15 JU~I II PM 3: 56 Nole. If the dale inserted in this block does not meet the applicable statulory filing requirements, 'his date will not be listed as the dootiment's effective date on the Department or State's records. Adoption of Amendm.nt(l) (CHICK ONE) CI The amendment(s) waslwere adopted by tho shareholders. The number of votes cast for tho amendment(.) by the shareholders was/were .uffident fur approval. CI The amondment(s) was/were approved by the shareholders through voting group.. The follOWing .tOl.m.nt must b. sepDrate/y proyided!or each voting group entltfed to Vot. separat./yon the amendment(s): "The number ohotes cast for Ihe amendmenl(s) was/were sufficient for approval by ________ -;---,-_--, ________ " (v.llng group) CI The amendment(s) was/were adopted by the board of directors without shareholder aCllon anel shareholder . action was nol required. EI The amendment(s) was/were adopted by lhe incorporators without shareholder .ction and ,hareholder action was not required, 614/2015 Daled' ___ =._-o;===_,...---- Signature ctz q (By aCHfitor. president or ather officer -if directors or officers have not been sele.ted. by an incorporator -Ifin the bands of a receiver, truStee, or ather court appointed fiduciary by Ihat fidUCiary) Raidol Perez (Typed or printod name of person signing) President (Title of person signing) Page 4 .f4 Member Name Bid Number Bid Name 3 Document(s) found for this bid 24 Planholder(s) found Supplier Name A2 Group, Inc. AMEC Environment & Infrastructure, Inc. Barry Sims Inc. Calvin, Giordano & AsSOciates, Inc. Card no, Incorporated Chen And Associates Construction Journal, Ltd. CORAMARCA, CORP Craig A. Smith & Associates H.A. Contracting Corp. HAKS Engineers, Architects and Land Surveyors, P.C. HDR Inc. Induron Protective Coatings JMS Construction Services, Inc. Killebrew, Inc. Kimley-Horn and Associates, Inc. . link Systems llC Metric Engineering, Inc. Preshot Concrete, Inc. R.E. Chisholm Architects. Inc. Roadway Construction, LlC Sports Turf One, Inc. SRS Engineering, Inc. Stanley Consultants, If'I~' City of South Miami RFP-RFP #PR-2015-16-0-2015/SK "Drainage Improvements at Dante Fascell Park" Address 1 2000 E Edgewood Dr. Ste. 215 3500 Darlington Street 1800 Eller Drive, Suite 600 500 West Cypress Creek Road 400 SW 7th Street 20431 SW, 1st STREET 7777 Glades Road 9500 N.W. 12th Street, Bay 1 14400 NW 77 Court, Suite 203 5426 Bay Center Drive, Suite 400 4420 Peters Road 2830 Winter lake Road 1920 Wekiva Way 5870 Hummingbird Court 13940 SW. 136th Street, Suite 200 4158 Musgrove Drive 4921 SW 74th Ct 6750 North Andrews Aveune 9819 State Road 7 5001 SW 74 Ct. 1641 Worthington Road City State Zip Phone Attributes AS lakeland Fl 33803 8636672345 Almond WI 54904 7156120002 Fort Lauderdale Fl 33316 9549217781 AB Ft Lauderdale Fl 33309 9547300707 1. Asian/Hawaiian L •... , •• g" UU.3"n:;:.3.3 Stuart Fl 34994 8007855165 PEMBROKE PINES Fl 33029 9545985946 Boca Raton FL 33434 5613144445 Miami Fl 33172 3055919212 Miami Lakes Fl 33016 3056983914 Tampa Fl 33609 8132822364 AB Plantation Fl 33317 9547977710 1. Small Business lakeland Fl 33803 8637010273 West Palm Beach Fl 33411 5618450665 Titusville Fl 32780 4074010031 1. Small Business Miami Fl 33186 3052355098 1. Hispanic Owned Florence Al 35630 2567645941 1. Small Business Miami Fl 33155 3056612070 1. Hispanic OWned Fort lauderdale Fl 33309 9542270025 1. Hispanic Owned Boynton Beach Fl 33472 5613757808 J.. nlspamc vwneu Miami Fl 33155 3056628887 West Palm Beach Fl 33409 5615848704 M~AMI DA~l Y BUSINESS REViEW Pubhshad Daily except Saturday, Sunday and legal Horidays Miami, Miami-Oode County, r-Iorida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Befdre the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Nolices 01 the Miami Daily Business Revieyv flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the al\ached copy of advertisement, being a Legal Advertisement of Notice in the mailer of CITY OF SOUTH MIAMI RFP #PR-2015-16 DUE DATE 8/14/15 in the XXXX . Court, was published in said newspaper in the issues of 07/22/2015 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been contin\Jously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and !las been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next precedi'ng the firsl publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this a ' lent for publication in tile said newspape Sworn 22 (SEAL) 2 ,A.D. 2015 MERCEDES ZALDIVAR MY COMMISSION :""FF029736 EXPIRES June 20. 2017 FloriclaNolnrySclVice.com