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Res No 089-16-14644RESOLUTION NO.:089-16-14644 A Resolution authorizing the City Manager to negotiate and enter into a contract with Metro Express, Inc.forRoad Resurfacing in multiple locations within the City of South Miami. WHEREAS,the Mayor and City Commission wishto provide road resurfacing to throughout the City,and WHEREAS,pursuant to a competitive selection process,it was determined that Metro Express,Inc. submitted a proposal in the amount of $93,884 that was the most comprehensive and cost effective inits construction approach;and WHEREAS,the City desires toprovidea contingency of$14,000over the proposal amount for unknown factors that may arise during the work;and WHEREAS,the total expenditure,including the contingency amount,isnotto exceed $107,884;and WHEREAS,the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Metro Express,Inc.for road resurfacing of multiple locations fora total amount not to exceed $107,884. NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized to negotiate the price,terms and conditions andto execute a contract with Metro Express,Inc.for road resurfacingofmultiple locations foran amount notto exceed $93,884 andheis authorized to expend upto $14,000 for unforeseen conditions.Acopyof the approved form of contract is attached and the City Manager may negotiate a lower price and more advantageous terms and conditions if approved by the City Attorney. Section 2:Theexpenditure shall be charged tothe People's Transportation Plan Tax £und account number 124-1730-541-6490,which has a balance of $1,292,400,before this request was made. Section 3:Ifany section clause,sentence,or phrase ofthis resolution isforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,the holdingshall not affect the validityof the remaining portions of this resolution. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th dayof May ,2016. \_JCH7Y CLERK READ AND APPROVED ASTO FORM U\NGliA£Ef LEGAJ/TY AND E& APPROVED A MAYOR COMMISSION VOTE:5-0 Mayor Stoddard Yea Vice Mayor Welsh Yea Commissioner Harris Yea Commissioner Liebman Yea Commissioner Edmond Yea South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:TheHonorableMayor &Members of the City Commission From:Steven Alexander,CityManager Date:May 17,2016 Agenda Item No.a Subject:a Resolution authorizing the CityManager to negotiate and enter intoa contract with Metro Express,Inc.forRoad Resurfacing in multiple locations within the Cityof South Miami. Background:TheEngineeringand Construction Divisionhas received complaints of the road conditions,and based on the Citywide RoadResurfacingMaster Plan,developed in 2011,locations were prioritized and included within the CIP budget for FY 16.Followingthe CIP plan,the followinglocationsarenow being presented to the CityCommissionfortheirapproval: Locations: 1.SW61AVE(SW40&SW44ST) 2.SW58ST(SW62PLto SW62AVE) 3.SW66AVE&SW50TR(SW 51TR to SW67AVE) 4.SW81ST(SW62AVEtoSW60AVE) 5.SW60AVE(SW76ST to SW78ST) Theprojectinvolvesperformingroadresurfacingworkon selected streets within the City of South Miami.This includes,but is not limitedto,the furnishing of alllabor,material,tools,equipment, machinery,disposal of allmaterials,maintenance of traffic,milling,clearingandgrubbing,asphalt placement,andstripingandservicesnecessaryforthe completion of theconstructionof the project. TheCityreceivedfiveproposalsinresponsetoasolicitation.Pursuanttoreview,itwas determined that MetroExpress,Inc.is the most responsiveandresponsiblebidderforthisproposal.Beloware the proposals received: Contractor Bid Price METRO EXPRESS,INC.$93,884.00 H&RPAVING,INC $94,818.00 H&J ASPHALT,INC $103,474.00 WEEKLYASPHALTPAVING,INC $104,406,00 WILLIAMS PAVING CO.INC $115,794.64 Acontingency amount of$14,000willbeincludedover the proposal amount of$93,884toaddress for unknown factors that may arise during the work. Amount:Amount not to exceed $107,884 Account:The expenditure shall be charged $107,884 to the People's Transportation PlanTrustFund account number 124-1730-541-6490,which hasa balance of $1,292,400 before this request was made. Attachments:Resolution Bid Opening Report Pre-BidSignin Sheet Proposal &Contract,with Exhibits BID OPENING REPORT Bids were opened on:Monday.April 25.2016 after;10:00am For;RFP U PW 2016-08 Multiple Locations Road Resurfacing COMPANIES THAT SUBMITTED;AMOUNT: 1.H&J ASPHALT,INC 2.H&RPAVING,INC 3.METRO EXPRESS,INC 4.WEEKLY ASPHALT PAVING,INC. 5.WILLIAMS PAVING CO.INC THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:Alalia M>Mfrte/x/o Print Name IC/cprtL A*AyJeWitness Witness: Print Name GhgL&Qr*^>>> Date: RFP Title: RFP No.: Please Print Clearlv Name/Fide fa^vsoD cceso /WtwA-TOfi mm m^-\ ,V>i' ...I1 -/.^^^^v^'OK..-\.\'\-'.-."..•>-± 11 frv»MiamiSoutlfMiami THE CITY Of PLEASANT LIVING Pre-Bid Conference Sign-In Sheet April 14,2016 Multiple Locations for Road Resurfacing Projects PW2016-08 Company Name/E-mail Address Telephone No. QJUUAi^^,PAvAJlX-CO.T/Jc./ g:?TlM ATI *J G<gJL Vw vUaAM.^WV i *->(>-•<X>(M 3cxf'£^-liTb to ft^uH,\jAC «p Wgg$m '•••'-••'''..V';':P '^-'••••'•''•Vs •-;'••••-..•.•••- X:\Purchasing\Request forProposals&Qualification (RI-Ps)\Road Resurfacing Project 2016\Pre BidVPre-Bid Meeting Sign-In SheetRoad Resurfacing 4.14.16.doc a\-*\iu T1SoutlfMiami CITY OF SOUTH MIAMI Multiple Locations forRoad Resurfacing Projects RFP #PW2016-08 Submittal Due:April 25,2016 at 10 AM Solicitation Cover Letter TheCityofSouth Miami,Florida(hereinafterreferredtoas "CSM")throughits chief executiveofficer(City Manager)herebysolicitssealedproposalsresponsivetotheCity'srequest(hereinafterreferredtoas "Request forProposals"or "RFP"),All referencesinthis Solicitation (alsoreferredtoasan "Invitation forProposals"or "Invitation to Bid"to "City"shall beareferencetotheCity Manager,orthe manager's designee,fortheCityof South Miami unless otherwise specifically defined. TheCityisherebyrequestingsealedproposalsinresponsetothis RFP #PW2016-08 "Multiple Locations for Road Resurfacing Projects."Thepurposeofthis Solicitation istocontractforthe services necessaryforthe completionofthe project inaccordancewiththeScopeof Services,(Exhibit i,AttachmentA)andRespondents Cost and Technical Proposal,or theplans and/or specifications,if any,(Exhibit I;Attachment 8),describedinthis Solicitation (hereinafter referred toas"theProject"or"Project"). Interestedpersonswhowishtorespondtothis Solicitation canobtainthecomplete Solicitation package atthe City Clerk's office Monday through Friday from 9:00 am to 4:00 p.m.orby accessing the following webpage: http://wvw.southmlamlfl.gov/whichistheCityofSouth Miami's webaddressforsolicitationinformation. Proposals are subject tothe Standard Termsand Conditions contained inthe complete Solicitation Package, includingall documents listedin the Solicitation. The Proposal Package shall consist of onfe (I)original unbound proposal,three (3)additional copies and one (I)digital(or comparable medium including Flash Drive,DVDorCD)copyall of which shallbe delivered to the Office of the City Clerk located at South Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143*Theentire Proposal Package shall be enclosed inasealed envelope or containerand shall havethe following Envelope Information clearly printedorwrittenonthe exterior ofthe envelopeorcontainerinwhichthesealedproposalis delivered:"Multiple Locations for Road Resurfacing Projects,"RFP #PW20I6^08 andthenameofthe Respondent (person orentity responding tothe Solicitation. Special envelopessuchasthose provided by UPS or Federal Express will notbeopened unless theycontainthe required Envelope Informationonthefront or backoftheenvelope.Sealed ProposalsmustbereceivedbyOffice oftheCity Clerk,eitherby mail orhand delivery,nolaterthan 10:00 a.m.local time on April 25,2016. Handdeliverymustbemadeduringnormalbusinessdaysandhoursofthe office ofCityClerk. A public opening will takeplaceat 10:00 a.m.onthesamedateintheCity Commission ChamberslocatedatCity Hall.6130 SunsetDrive,South Miami 33143.Any Proposal received after 10:00 am local timeonsaiddate will notbe accepted underany circumstances.Any uncertainty regarding thetimea Proposal is received will be resolved against theperson submitting the proposal andin favor ofthe Clerk's receiptstamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hallin the Commission Chambers located at 6130 Sunset Drive,South Miami,FL 33143 onApril 14,2016 at 10:00 a.m..The conference shallbeheld regardless of weather conditions.Proposalsare subject to the terms,conditions and provisionsofthis letter aswellas to those provisions,terms,conditions,affidavits and documents contained inthis Solicitation Package.TheCityreserves the righttoawardtheProjecttothe person withthelowest,most responsive,responsibleProposal,asdeterminedbytheCity,subjecttotherightofthe City,or theCity Commission,torejectanyandallproposals,andtherightoftheCityto waive any irregularity inthe Proposals or Solicitation procedureandsubject also totherightoftheCityto award the Project,andexecuteacontract with a Respondentor Respondents,other thantoonewho provided thelowest Proposal Priceor,iftheScopeofthe Work is divided intodistinct subdivisions,toawardeach subdivision toaseparate Respondent.. Maria M.Menendez,CMC CityClerk,CityofSouth Miami SCOPE OF SERVICES and SCHEDULE OF VALUES Multiple Locations forRoad Resurfacing Projects RFP#PW20I6-08 TheScopeofServicesandtheScheduleof Values,if any,aresetforthintheattached EXHIBIT I Thomas f.Pepe 12/10/201S END OF SECTION SCHEDULE OF EVENTS Multiple Locations forRoad Resurfacing Projects RFP#PW20I6-08 No Event Date* Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 3/29/2016 12:00 PM 2 Non-Mandatory Pre-RFP Meeting 4/14/2016 10:00 AM 3 Deadline to Submit Questions 4/18/2016 10:00 AM 4 DeadlinetoCityResponsesto Questions 4/20/2016 10:00 AM 5 Deadline to Submit RFP Response 4/25/2016 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 5/3/2016 7:00 PM Thomas F.Pepe 12/10/2015 END OF SECTION INSTRUCTIONS for RESPONDENT Multiple Locations forRoad Resurfacing Projects RFP#PW20I6-08 ITIS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TOTHE SOLICITATION (HEREINAFTER ALSO REFERRED TOASTHE"PROPOSAL" THROUGHOUT THECONTRACT DOCUMENTS)REACHES THE CITY CLERK ONOR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. 1.PurposeofSolicitation,TheCityofSouth Miami isrequestingproposalsforthelowestandmostresponsive pricefortheProject.TheCityreservestherighttoawardthe contract totheRespondentwhoseproposalis foundtobein the best interests of the City. 2.Qualification ofProposingFirm.ResponsesubmittalstothisSolicitation will be considered fromfirms normally engaged in providing theservicesrequested.Theproposingfirmmustdemonstrateadequate experience,organization,offices,equipment and personnel toensurepromptand efficient servicetotheCity ofSouth Miami.TheCityreservesthe right,beforerecommendinganyaward,toinspectthe offices and organization ortotakeanyotheractionnecessarytodetermine ability toperforminaccordancewiththe specifications,termsandconditions.TheCityofSouth Miami will determine whether theevidenceofabilityto performissatisfactoryandreservestherighttoreject all response submittals tothis Solicitation where evidencesubmitted,or investigationandevaluation,indicates inability ofa firm toperform. 3.Deviations from Specifications.Theawarded firm shall clearly indicate,as applicable,all areasin which the servicesproposeddonot fully comply withtherequirementsofthis Solicitation.The decision astowhether anitem fully complieswiththestatedrequirementsrestssolelywiththeCityofSouth Miami. 4.Designated Contact.The awarded firm shall appointapersontoactasaprimarycontactwiththeCityof South Miami.Thisperson or back-up shallbe readily available duringnormalworkhoursbyphone,email,orin person,and shall beknowledgeableofthetermsofthecontract. 5.PrecedenceofConditions.Theproposing firm,byvirtueofsubmittingaresponse,agreesthatCity'sGeneral Provisions,TermsandConditionsherein will takeprecedenceoverany terms andconditionssubmittedwith theresponse,either appearingseparatelyasan attachment or includedwithintheProposal.The Contract Documentshavebeenlistedbelowin order ofprecedence,withtheone having themost precedence beingat thetopofthelistandthe remaining documentsin descending order ofprecedence.This order ofprecedence shall apply,unlessclearlycontrarytothe specific termsofthe Contract or GeneralConditionstothe Contract: a)AddendatoSolicitation b)Attachments/Exhibits to c)Solicitation d)Attachment/ExhibitstoSupplementaryConditions e)Supplementary Conditions to Contract,ifany f)Attachment/Exhibits to Contract g)Contract h)General Conditions to Contract,ifany i)Respondent's Proposal 6.ResponseWithdrawal.AfterProposalsareopened,correctionsor modifications toProposalsarenot permitted,buttheCitymayallowtheproposing firm towithdrawan erroneous Proposalpriortothe confirmationofthe proposal awardbyCityCommission,if all ofthe following isestablished: a)Theproposing firm actedingoodfaithinsubmittingtheresponse; b)The error wasnottheresultofgross negligence or willful inattentiononthepartofthe firm; c)The error was discovered and communicated to the Citywithin twenty-four (24)hours (not including Saturday,Sundayora legal holiday)ofopeningtheproposalsreceived,alongwitharequest forpermissiontowithdraw the firm'sProposal;and d)The firm submitsan explanation in writing,signed under penalty of perjury,statinghowtheerror wasmadeanddelivers adequate documentationtotheCityto support theexplanationandtoshow thatthe error wasnotthe result ofgrossnegligence or willful inattention normadeinbadfaith. 7.Theterms,provisions,conditionsand definitions contained inthe Solicitation CoverLetter shall apply tothese instructionstoRespondentsandtheyareherebyadoptedandmadeaparthereofbyreference.Ifthereisa conflict betweentheCoverLetterandthese instructions,oranyother provision ofthis Solicitation,the CoverLetter shall governandtakeprecedenceoverthe conflicting provision(s)inthe Solicitation. Thomas P.Pepe 12/10/2015 8.Any questions concerning the Solicitation or any required need for clarification must be made in writing,by 10 a,m.April 18,2016 tothe attention of Steven P.Kulick atskulick@southmiamifl.govorvia facsimile at (305)663-6346. 9.The issuance ofawritten addendum isthe only official method whereby interpretation and/or clarification of information canbe given.Interpretations or clarifications,considered necessary bytheCityinresponseto such questions,shall be issued byawritten addendum tothe Solicitation Package (also known as "Solicitation Specifications"or "Solicitation")by U.S.mail,e-mail orother delivery method convenient tothe City and the City will notify all prospective firms viathe Cit/s website. 10.Verbal interpretations or clarifications shall be without legal effect.No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal onthe required dateandtimeassetforthinthepublicnotice. 11.Coneof Silence:You are hereby advised thatthis Request for Proposals is subject tothe"Cone of Silence/' in accordance with Miami-Dade County Ordinance Nos.98106 and 99-1.From the time of advertising until the City Manager issues his recommendation,thereisa prohibition on verbal communication withthe City's professional staff,including the City Manager and his staff.All written communication must comply withthe requirements oftheConeof Silence.TheConeof Silence doesnot apply to verbal communications atpre- proposal conferences,verbal presentations before evaluation committees,contract discussions during any duly noticed public meeting,public presentations made totheCity Commission during any duly notice public meeting,contract negotiations withthestaff following theCity Manager's written recommendation forthe awardofthecontract,or communications in writing atanytimewithanyCity employee,official ormemberof theCity Commission unless specifically prohibited.Acopyof all written communications mustbe contemporaneously filed withtheCity Manager and City Clerk.In addition,youare required to comply with theCity Manager's Administrative OrderAO 1-15.If acopyisnot attached,please requestacopyfromthe Cit/s Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION,PLEASE BE ADVISED THAT,NOTWITHSTANDING THE MIAMI- DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL,WITH REGARD TO THIS SOLICITATION,ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE,WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION,SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing,the Cone of Silence shall not apply to... (1)Duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bidsand the time that the City Manager makes his or her written recommendation; (2)Any emergency procurement of goods or services pursuant to the Miami-Dade County Administrative Order 3*2; (3)Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation,provided the communication is limited strictly to matters of process or procedure already contained In the corresponding solicitation document;and (4)Communications regarding a particular solicitation between the procurement agent or contracting officer,or their designated secretarial/clerical staff responsible for administering the procurement process for such solicitation anda member of the selection committee, provided the communication is limited strictly to matters of process or procedure already contained In the corresponding solicitation document." 12.ViolationoftheseprovisionsbyanyparticularRespondentor proposer shall render any recommendation for the award of the contract or the contract awarded tosaid Respondent or proposer voidable,and,insuch event,saidRespondent or proposer shallnotbeconsideredforanySolicitationincludingbut not limitedto one that requests anyofthe following aproposal,qualifications,a letter of interest orabidconcerningany contract fortheprovisionofgoodsorservicesforaperiodofoneyear.Contact shall onlybemadethrough regularly scheduledCommission meetings,or meetings scheduledthroughthe Purchasing Division,which are forthe purposes ofobtainingadditional or clarifyinginformation. Thomas F.Pepe 12/10/201S 13.Lobbying.All firms andtheir agents whointendto submit,orwhosubmitted,bids orresponsesforthis Solicitation,arehereby placed on formal noticethatneitherCity Commissioners,candidates forCity Commissioner oranyemployeeoftheCityofSouth Miami aretobe lobbied either individually or collectively concerning this Solicitation.Contact shall onlybemade through regularly scheduled Commission meetings,or meetingsscheduledthroughthe Purchasing Division,whichareforthepurposesof obtaining additional or clarifying information. 14.ReservationofRight.The Cityanticipates awarding onecontractforservicesasaresultofthisSolicitation andthe successful firmwillberequestedtoenterinto negotiations to produceacontractfortheProject. TheCity,however,reservesthe right,\r\itssole discretion,todoanyofthe following: a)torejectanyand all submittedResponsesandtofurtherdefineorlimitthescopeoftheaward. b)towaiveminor irregularities intheresponsesorintheprocedurerequiredbytheSolicitation documents. c)to request additionalinformationfrom firms asdeemednecessary. d)tomakeanaward without discussionorafterlimitednegotiations.Itis,therefore,importantthat all thepartsoftheRequestfor Proposal becompletedin all respects. e)tonegotiatemodificationstothe Proposal thatitdeems acceptable. f)to terminate negotiationsIn the event theCitydeemsprogress towards acontracttobeinsufficient andto proceed to negotiate with the Respondent whomade the next best Proposal.TheCity reservestherighttoproceedinthismanneruntilithasnegotiatedacontractthatissatisfactoryto theCity. g)TomodifytheContractDocuments.ThetermsoftheContractDocumentsaregeneralandnot necessarily specific tothe Solicitation.It istherefore anticipated thattheCitymay modify these documentstofitthe specific projectorworkinquestion and the Respondent,by making a Proposal, agrees tosuch modifications andtobeboundbysuchmodifieddocuments. h)to cancel,inwholeor part,any invitation for Proposals when It isinthebestinterestofthe City, i)toawardtheProjecttothepersonwiththelowest,mostresponsive,responsible Proposal,as determined by the City, j)toawardthe Project,and execute acontractwithaRespondentorRespondents,otherthantoone whoprovidedthelowest Proposal Price, k)iftheScopeofthe Work is divided intodistinct subdivisions,toawardeach subdivision toa separate respondent, 15.Contingent Fees Prohibited.The proposing firm,by submitting a proposal,warrantsthatithasnotemployed or retained acompanyorperson,otherthanabona fide employee,contractoror subcontractor,working in itsemploy,tosolicitorsecureacontractwiththeCity,andthatithasnotpaidoragreedtopayany person, company,corporation,individual or firm otherthanabona fide employee,contractoror sub-consultant, workinginitsemploy,anyfee,commission,percentage,giftor other consideration contingent uponor resultingfromtheawardor making ofacontractwiththeCity. 16.Public EntityCrimes.Apersonor affiliate oftheRespondentwhohasbeen placed ontheconvictedvendor list pursuant toChapter287 following a conviction fora public entitycrimemaynotsubmita Proposal ona contract to provide anygoodsor services,ora contract for construction or repair ofa public building,may notsubmit proposals on leases of real propertytoorwiththeCityofSouth Miami,maynotbe awarded a contractto perform work asa CONTRACTOR,sub-contractor,supplier,sub-consultant,orconsultantunder acontractwiththeCityofSouth Miami,andmaynot transact business withtheCityofSouth Miami fora periodof36monthsfromthedateofbeing placed ontheconvictedvendorlist. 17.Respondents shall usethe Proposal Form(s)furnished bytheCity.Allerasuresandcorrectionsmusthavethe initials ofthe Respondent's authorizedrepresentativeinblueinkatthelocation of eachandeveryerasureand correction.Proposals shall besignedusingblueink;allquotations shall be typewritten,orprintedwithblue ink.Allspacesshallbe filled in with the requested informationorthephrase "not applicable"or "NA".The proposal shall bedeliveredonor before thedateandtime,andattheplaceandinsuchmannerassetforthin theSolicitation Cover Letter.Failure todosomaycausethe Proposal to berejected.Failure to includeany of the Proposal Formsmay invalidate the Proposal.Respondent shall delivertotheCity,aspartofits Proposal, the following documents: a)TheInvitationforProposalandInstructions to Respondents. b)A copy of allissuedaddenda. c)The completed ProposalFormfully executed. d)Proposal/Bid Bond,(Bondorcashier'scheck),ifrequired,attachedtothe Proposal Form. Thomas F.Pepe 12/10/2015 e)CertificatesofCompetencyas well as all applicable State,CountyandCity Licenses heldby Respondent f)Certificateof Insurance and/orLetterof Insurability. 18.Goods:Ifgoodsaretobeprovidedpursuanttothis Solicitation the following applies: a)BrandNames:Ifabrandname,make,manufacturers tradename,orvendorcatalognumberis mentionedinthis Solicitation,whetherornot followed bythewords "approved equal",itisforthe purposeof establishing agradeor quality of material only.Respondent may offergoodsthatare equal tothegoodsdescribedinthis Solicitation withappropriate identification,samples and/or specifications forsuchitem(s).TheCity shall bethesolejudge concerning themeritsofitems proposed asequals. b)Pricing.Pricesshouldbestatedinunitsofquantity specified inthe Proposal Form.Incaseofa discrepancy,theCity reserves therighttomakethe final determinationatthelowestnetcosttothe City. c)Mistake:In theeventthatunit prices arepartofthe Proposal andifthereisadiscrepancybetween theunitprice(s)andtheextended price(s),theunit price(s)shall prevail andtheextendedprice(s) shall beadjustedto coincide.Respondents are responsible for checking their calculations.Failure to doso shall beattheRespondent'srisk,and errors shall notreleasetheRespondentfromhis/heror itsresponsibilityasnotedherein. d)Samples:Samples of items,when required,mustbe furnished bythe Respondent freeof charge to theCity.Each individual samplemustbelabeledwiththeRespondent'snameandmanufacturer's brandnameand delivered byit within ten (10)calendar days ofthe Proposal opening unless schedule indicates adifferent time.If samples arerequestedsubsequenttothe Proposal opening,they shall be delivered withinten (10)calendar days ofthe request TheCity shall notberesponsibleforthe return ofsamples. e)Respondent warrants by signature onthe Proposal Form that prices quoted therein arein conformity with the latest FederaJ Price Guidelines. f)Governmental Restrictions:In theeventany governmental restrictions may be imposed which would necessitate alteration ofthe material quality,workmanship,or performance oftheitems offered on this Proposal priortotheir delivery,it shall bethe responsibility ofthe successful Respondent to notify theCityatonce,indicating initsletterthe specific regulation whichrequiredan alteration.TheCityofSouth Miami reservesthe right toacceptanysuchalteration,including any priceadjustmentsoccasionedthereby,ortocancelalloranyportionoftheContract,atthesole discretion oftheCityandatnofurtherexpensetotheCitywiththirty(30)days advanced notice. g)Respondent warrantsthatthe prices,termsand conditions quotedinthe Proposal shall be firm fora period ofone hundred eighty (180)calendar days from thedateofthe Proposal opening unless otherwise stated in the Proposal Form.Incomplete,unresponsive,irresponsible,vague,or ambiguous responsestothe Solicitation shallbecauseforrejection,asdeterminedbytheCity. h)Safety Standards:The Respondent warrants thatthe product(s)tobe supplied tothe City conform in all respectstothestandardssetforthinthe Occupational Safetyand Health Act (OSHA)andits amendments.Proposals mustbe accompanied bya Materials Data Safety Sheet (M.S.D.S)when applicable. 19.Liability,Licenses &Permits:The successful Respondent shall assume the full duty,obligation,andexpenseof obtaining all necessary licenses,permits,andinspectionsrequiredbythis Solicitation andasrequired by law,The Respondent shall be liable for any damages orlosstotheCity occasioned bythe negligence ofthe Respondent(oritsagentor employees)oranyperson acting fororthroughtheRespondent.Respondents shall furnish a certified copy of all licenses,Certificates of Competency orother licensing requirement necessary topracticetheir profession and applicable totheworktobeperformedasrequiredby Florida Statutes,the Florida Building Code,Miami-Dade CountyCodeorCityofSouth Miami Code.These documents shallbefurnishedto the CityaspartoftheProposal.Failuretohaveobtainedtherequired licensesandcertificationsortofurnishthesedocuments shall begroundsforrejectingtheProposaland forfeitureofthe Proposal/Bid Bond,ifrequiredforthisProject. 20.RespondentshallcomplywiththeCity's insurance requirementsassetforth \n theattached EXHIBIT 2,prior toissuanceofany Contract(s)orAward(s)If a recommendation forawardofthe contract,or anawardof thecontractismadebefore compliance withthis provision,the failure to fully and satisfactorily comply with the Cit/s bonding,ifrequiredforthisproject,andinsurancerequirementsassetforthherein shall authorize theCityto implement a rescission ofthe Proposal Awardor rescission oftherecommendationfor award of contractwithoutfurtherCityaction.TheRespondent,by submitting aProposal,therebyagreestoholdthe City harmless andagreesto indemnify theCityandcovenantsnottosuetheCitybyvirtueofsuch rescission. Thomas F.Pepe 12/10/2015 21.Copyrights and/or Patent Rights:Respondent warrants that as tothe manufacturing,producing or selling of goods intended tobe shipped ororderedbythe Respondent pursuant tothis Proposal,there has notbeen, nor will therebe,any infringement of copyrights or patent rights.The Respondent agrees to indemnify City from any and all liability,loss orexpense occasioned by any such violation or infringement, 22.Execution of Contract:Aresponsetothis Solicitation shall notbe responsive unless the Respondent signs the form ofcontractthatisa part ofthe Solicitation package.The Respondent tothis Solicitation acknowledges thatbysubmittingaresponseora proposal,Respondent agrees tothetermsoftheformcontract and to the termsofthe general conditions tothe contract,bothof which arepartofthis Solicitation package.The Respondent agreesthat Respondent's signatureon the BidFormand/ortheformof contract thatisapartof the Solicitation package and/orresponsetothis Solicitation,grants totheCitytheauthority,onthe Respondent's behalf,toinserted,intoany blank spaces inthecontractdocuments,information obtained from the proposal and,atthe Cit/s sole and absolute discretion,theCitymaytreattheRespondent's signature on anyofthosedocumentsastheRespondent's signature onthe contract,afterthe appropriate information has beeninserted,aswellasforanyand all purposes,including the enforcement of all ofthe terms andconditions of the contract. 23.Evaluation of Proposals:TheCity,atitssolediscretion,reservestherighttoinspectthe facilities ofanyor all Respondents to determine itscapabilityto meet the requirements ofthe Contract Inaddition,theprice, responsibilityandresponsivenessoftheRespondent,the financial position,experience,staffing,equipment, materials,references,andpasthistoryofservicetotheCityand/orwith other unitsofstate,and/orlocal governments in Florida,orcomparableprivateentities,willbetakenintoconsiderationintheAwardofthe Contract. 24.Drug Free Workplace:Failure to provide proofof compliance with Florida StatuteSection 287.087,as amended,whenrequested shall becauseforrejectionofthe Proposal asdeterminedbytheCity. 25.Public EntityCrimes:Apersonor affiliate whowas placed ontheConvicted Vendors List following a convictionforapublicentitycrimemaynotsubmitaresponseona contract toprovideanyservicestoa publicentity,may not submitSolicitationonleasesofrealpropertytoa public entity,andmaynottransact business withany public entityinexcessofthethresholdamountprovidedinSection 287.017,fora period of 36 months fromthedateofbeingplacedontheConvictedVendorsList. 26.ContingentFees Prohibited;Theproposing firm mustwarrantthatithasnotemployedorretaineda companyorperson,otherthanabona fide employee,contractoror subcontractor,workinginitsemploy,to solicitorsecureacontractwiththeCity,andthatithasnot paid oragreedtopayanyperson,company, corporation,individual or firm otherthana bona fide employee,contractor or sub-consultant,working inits employ,anyfee,commission,percentage,giftorother consideration contingentuponor resulting fromthe awardormaking of acontractwith the City. 27.Hold Harmless:All Respondents shall holdtheCity,its officials andemployeesharmlessandcovenantnotto suetheCity,its officials andemployeesinreferencetoits decisions to reject,award,ornot award a contract, as applicable,unlessthe claim isbasedsolelyon allegations of fraud and/or collusion.The submission ofa proposal shall actasanagreementbytheRespondentthatthe Proposal/Bid Bond,ifrequiredforthisproject, shall notbereleaseduntilandunlessthe Respondent waivesanyand all claimsthatthe Respondent mayhave against theCitythat arise outofthis Solicitation process or until a judgment isenteredinthe Respondent's favor in any suit filed which concerns this proposal process.In any such suit,the prevailing party shall recover itsattorney'sfees,courtcostsaswellasexpenses associated withthe litigation.In theeventthat fees,court costs and expenses associated withthe litigation are awarded tothe City,the Proposal/Bid Bond,if required for this project,shall be applied tothepaymentofthosecostsandany balance shall be paid bythe Respondent. 28.Cancellation:Failure onthepartoftheRespondenttocomplywiththeconditions,specifications, requirements,andtermsasdeterminedbytheCity,shall bejustcausefor cancellation oftheAwardor termination of the contract. 29.BondingRequirements:The Respondent,whensubmiuingthe Proposal,shall includeaProposal/BidBond,if requiredforthisproject,in the amount of5%of the totalamountof the baseProposalon the Proposal/Bid Bond Form included herein.Acompanyor personal check shall notbedeemeda valid Proposal Security. 30.PerformanceandPaymentBond:TheCityofSouth Miami mayrequire the successful Respondent to furnish a Performance BondandPaymentBond,eachin the amount of 100%of the totalProposalPrice,including Alternatesifany,namingtheCityofSouth Miami,andtheentitythatmaybeprovidingasourceof funding for the Work,astheobligee,as security forthe faithful performance of the Contract andfor the paymentofall personsorentitiesperforminglabor,servicesand/or furnishing materialsin connection herewith.In addition, iftheRespondent'semployeeswillbeworkinginsecureorsensitiveareasoftheCity,theCitymayrequire Thomas F.Pepc (2/10/2015 thattheRespondentprovidesemployee bonding,naming theCityofSouth Miami astheobligeeonthebond. Thebonds shall bewithasuretycompanyauthorizedtodo business intheStateof Florida. 30.1.Each Performance Bond shall beintheamountofone hundred percent (100%)oftheContract Priceguaranteeing to Citythecompletionandperformanceofthe Work covered inthe Contract Documents. 30.2.Each PerformanceBond shall continueineffectfor five yearsafter final completionand acceptanceoftheWorkwiththe liability equaltoonehundredpercent (100%)oftheContractSum. 30.3.Each Paymentbond shall guaranteethe full paymentof all suppliers,materialman,laborers,or subcontractor employed pursuant tothisProject. 30.4.Each BondshallbewithaSuretycompanywhose qualifications meettherequirementsof insurancecompaniesassetforthintheinsurance requirements ofthissolicitation. 30.5.PursuanttotherequirementsofSection 255.05,Florida Statutes,Respondent shall ensurethat the Bond(s)referenced above shall be recorded inthe public recordsof Miami-Dade Countyand provide CITY withevidenceofsuch recording. 30.6.Thesurety company shall holdacurrent certificate of authority as acceptable suretyon federal bondsinaccordancewiththeUnitedStatesDepartmentofTreasuryCircular570,current revisions. 31.Proposal Guarantee:Notwithstanding the fact thatthe Respondent,in submitting a proposal,agrees tothe termscontainedintheformofcontractthatispartofthis Solicitation package,the successful Respondent, within ten (10)calendar days ofNoticeofAwardbythe City,shall deliver,totheCity,theexecuted Contract andotherContract Documents that provide forthe Respondent's signature,and deliver totheCitythe required insurance documentation as well asa Performance and Payment Bond ifthesebondsare required. The Respondent whohas the Contract awardedtoitandwho fails to execute the Contract andfurnishthe required Bonds and Insurance Documents within the specified time shall,atthe City's option,forfeit the Proposal/Bid Bond/Security that accompanied the Proposal,andthe Proposal/Bid Bond/Security shall be retained as liquidated damages bythe City.Itis agreed thatiftheCity accepts payment from the Proposal/Bid Bond,thatthissumisa fair estimate oftheamountof damages theCity will sustain incasethe Respondent fails to sign theContract Documents or fails to furnish the required Bonds and Insurance documentation.If theCitydoesnotacceptthe Proposal/Bid Bond,theCity may proceedtosueforbreachofcontractifthe Respondent fails toperformin accordance withtheContract Documents.Proposal/Bid Bond/Security deposited inthe form ofa cashier's check drawn ona local bank ingood standing shall be subject tothe same requirements asaProposal/BidBond. 32.Pre-proposal Conference Site Visits:Ifa Mandatory Pre-proposal conference is scheduled for this project,all Respondentsshall attend theconferenceand tour allareasreferencedintheSolicitationDocuments.Itshall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.No pleas of ignorance bythe Respondent of conditions thatexistorthat may hereinafter exist, asa Solicitation resultof failure to make the necessary examinations or investigations,or failure to complete anypartofthe Solicitation Package,will be accepted as basis for varying the requirements oftheContract withtheCityof South Miami orthe compensation ofthe Respondent.The Respondent,following receiptofa survey ofthe property,if applicable,is bound by knowledge that can be seen or surmised from the survey and will notbe entitled to any change orderdueto any such condition.If the survey is provided before the proposalissubmitted,thecontractprice shall include theWorknecessitatedbythose conditions.If the survey is provided subsequent tothe submission ofthe proposal,the Respondent shall have five calendar days to notify theCityofany additional costsrequiredby such conditions andtheCity shall have the right toreject the proposal and award the contract tothe second most responsive,responsible bidder with the lowest price or to reject allbids. 33.Timeof Completion:Thetimeisoftheessencewithregardtothe completion oftheWorktobeperformed undertheContracttobe awarded.Delays andextensionsoftime may be allowed onlyin accordance with the provisions statedintheappropriatesectionoftheContract Documents,including the Proposal Form.No change orders shallbeallowedfordelayscausedbytheCity,other thanfor extensions oftimeto complete the Work. 34.Submittal Requirements:All Proposals shall comply withtherequirementssetforthhereinand shall include a fully completed BidForm found on EXHIBIT 3 which isapartofthis Solicitation Package. 35.Cancellation of Bid Solicitation:TheCity reserves the right to cancel,inwholeorpart,any requestfor proposalwhenitisinthebest interest oftheCity. 36.Respondent shall not discriminate with regard toits hiring of employees orsubcontractorsorinits purchase of materials orin any way in the performance ofits contract,ifoneis awarded,based on race,color,religion, nationalorigin,sex,age,sexual orientation,disability,or familial status. Thomas F.Pepe 12/10/2015 37.All respondents,atthetimeofbid opening,musthave fulfilled allprior obligations andcommitmentstothe Cityin order tohavetheirbidconsidered,including all financial obligations.Priortothe accepunce ofanybid proposalor quotation,theCity's Finance Department shall certifythattherearenooutstanding fines,monies, fees,taxes,liensor other charges owedto the Citybythe Respondent,anyof the Respondent's principal partners,members or stockholders (collectivelyreferredtoas "Respondent Debtors").Abid,proposalor quotation will not be accepted untilall outstanding debtsofallRespondent Debtors owedtothecity are paid in full.Nobidderwhoisindefaultofanyprior contract withtheCity may havetheirbidconsidereduntilthe defaultiscuredtothesatisfactionoftheCity Manager. 38.Bid Protest Procedure.See attached EXHIBIT 9. 39.Evaluation Criteria:If this project Is tobeevaluatedbyanEvaluation Committee,theevaluation criteria is attached as N/A. Thomas F.Pepe 12/10/20 IS END OF SECTION 10 PROPOSAL SUBMITTAL CHECKLIST FORM Multiple Locations for Road Resurfacing Projects RFP#PW20l6-08 Thischecklistindicatestheformsanddocumentsrequiredtobesubmittedforthis solicitation andtobe presented bythe deadline setforwithinthe solicitation.Fulfillment of all solicitation requirements listed is mandatoryfor consideration ofresponsetothe solicitation.Additional documents may berequired and,ifso,they will be identified inanaddendumtothis Solicitation.Theresponse shall includethe following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN "X": Proposalpackageshallconsistofone(I)original unbound proposal,three (3)additionalcopiesand one (I)digital (or comparablemedium including Flash Drive,DVDorCD)copy Indemnification and Insurance Documents EXHIBIT 2 Construction Bid Form,EXHIBIT 3 „Signed Contract Documents (All -including GeneralConditions and Supplementary Conditions ifattached)EXHIBIT 4,S,<£6 y Performance and Payment Bonds (As a Condition Award,Not A required with Submittal.)EXHIBIT 7 &8 Respondents Qualification Statement List ofProposedSubcontractorsand Principal Suppliers Non-Collusion Affidavit Public EntityCrimesandConflictsof Interest DrugFree Workplace Acknowledgementof Conformance withOSHAStandards Affidavit ConcerningFederal &StateVendor Listings RelatedParty Transaction VerificationForm Presentation Team Declaration/Affidavit ofRepresentation Check Completed. Submitthischecklistalongwithyourproposal indicating thecompletionand submission ofeachrequiredforms and/or documents. END OF SECTION Thomas F.Pepe 12/10/2015 RESPONDENT QUALIFICATION STATEMENT Multiple Locations for Road Resurfacing Projects RFP#PW20l6-08 Theresponsetothisquestionnaire shall be utilized aspartofthe CITY'S overall Proposal Evaluation and RESPONDENT selection. I.Number ofsimilar projects completed, 1° ±o_ 18 /€ a)In the past5years In the past5yearsOnSchedule b)In thepast 10 years Inthepast 10 yearsOnSchedule 2.Listthelast three (3)completedsimilar projects, a)Project Name: Owner Name: Owner Address: Owner Telephone:3Q.C-ULo -Sd5Z> b) Thomas F.Pepe 12/10/201S Original Contract CompletionTime (Days):J_36£afS Original Contract Completion Date:GI r V ^"//'^> Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract CompletionTime (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price iy/± wxonn r%nn v -r"/-*-•'"/"-'— ft e^uJ)Q V\0 VJuXcia. /ffOo* //-2oN <*HS g -2o/W /S^foo-*0 y?\/^o0 •«* T 12 c) Wis Av>-e ProjectName: Owner Name: Owner Address: Owner Telephone:3Qj--<~//fe-/^^r Original Contract CompletionTime (Days):L^c Original Contract Completion Date:/2.—2&/S Actual Final ContractCompletion Date: Original Contract Price: Actual Final Contract Price: 3.Current workload }Z -2jd/^ IjDQ;ooo.-co //SOD OOP-Q6 Pro/net Namo Owner Name Telephone Number Contract Price. ^~1 e^2e (?.'rGL<pUa<A TfO^^SS 4.Thefollowinginformationshallbeattachedtotheproposal. a)RESPONDENT'S home officeorganization chart b)RESPONDENT'Sproposedproject organizational chart c)Resumes of proposed keyprojectpersonnel,including on-site Superintendent. 5.Listanddescribeany: a)Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,i\lp* Thomas F.Pepe 12/10/2015 13 b)Any arbitration or civil or criminal proceedings,or M jr\ Suspension ofcontractsor debarring from Bidding orRespondingbyany public agencybrought c)against the Respondent in the last five (5)years i ^/A 6.Government References: Listother Government AgenciesorQuasi-GovernmentAgenciesforwhichyouhavedonebusiness withinthepastfive(5)years.Name of Agency:CA-j fiP (WxV (gaUi2^ Address:2&QO >ScQ "^^qM Telephone No.:$QS '"^^>3>—Q ("^^b Contact Person:Yu>x_P QfaU-O Type of Pro|ect:Sntocsck^OM [^"Ql^qQjg ,^XcJifi.tOQ\^L-. Name of Agency:CVj^U Of H^aCTVcuL <=?OyrAai/iS Address:I8Q>0S ^<jO 2^ft^-* Telephone No.:3C&—^^"OOOO Contact Person:/A OC^^M^Tu^Xt^Scyx Type of Project:KpgAuJX^]pl~euCY\Q.<^£^^oA^^t^OCl Name of Agency:(Aj~\u 6¥Mi A,Ca\A^- Address:Ijl/c/^uJ 2''d<A^-£ Telephone No.:f&§\-^//6?-/03^ Contact Person:KQc^OO .JS p\.A f^*-0*- Type of Project-f|<onA,tYx,pCQQj^cy^Q f~3<Ae{Ly^a\^ Thomas F.Pepe 12/10/2015 14 STATUS OF CONTRACTS ON HAND Give tuii nforroasion a&oui allof your con»raci&.wrietr*r pnme or subcontracts- whetherin progress c awarded butnotyet begun and regardless of <tslocationand with wnom zoniractea •;2 i 4 5 6 I 7 CLASSES OF WORK COT PROJECTS AND LOCATION OF WORK YOU ARE PERFORMING CONTRACTOR SUBCONTRACT) AMOUMT AMOUNT SUBLET TO OTHERS BALANCE OF CONTRACT AMOUNT UNCOMPLETED AMOUNT TO BE DONE BY AS PRIME CONTRACTOR AS sub:ontracto $$S $s DOT WORK S (Col.5 Subtotal) CLASSES OF WORK OTHER (Non-DOT)PROJECTS,OWNER,AND LOCATION OF WORK YOU ARE PERFORMING CONTRACT (OR SUBCONTRACT) AMOUNT AMOUNT SUBLET TO OTHERS BALANCE OF CONTRACT AMOUNT Drainage.Paving Siduwal.k CityofCoral Gables.PWD-2013-07-10 $3 CQO.OOO.OO $219,770.33 $219,770.33 Sidewalk City of Miami,vl-0096 SS55.450.00 $80,511.88 $80,511.88 Drainage,Pa vino.Concrete CityofMiami,3-40339 S351.997.63 $313,618.68 $313,618.68 Drainage.Paving Concrete City of Miami,3-40340 Sc45.295.64 $307,255.75 $307,255.75 Drainaqej PavingConcrete Cityof Miami 3-40342 $162,005.35 $144,632.89 $144,632.89 Drainaqe.Pavino Concrete JOC-Power Alliance.Miami Beach seoo.ooo.oo $323,689.01 $323,689.01 Pavinq Miami-Dade County.WASD Rehabilitation 20130055 S717.071.00 $39,912.48 $39,912.48 Pavinq,Concrete Miami-Dade County.Push Button Paving 20130244 S1.€35,638.44 SO.00 $0.00 Pavinq,Concrete Miamt-Dade County,Resurtacincj 20140111 S2.166.144.57 51,142.354.20 $1,142,354.20 Sidewalk Miami-Dade CDunty.Push Button Sidewalk 20140154 S6 73.022.40 $538,237.81 $538,237.81 Sidewalk Miami-Dade County,Push Button Sidewalk 2014Q156 S663.811.00 $663,811.00 $663,811.00 Drainage^Paving.Concrete Miami-Dade CDunty.Push Button Intersections 20140206 $€08,311.69 S808.311.69 $808,311.69 Drainaqe.Paving Concrete Miami-Dade County.Push Button Intersections 20140207 $€40,184.83 $840,184.83 $840,184.83 Paving City of North Miami.Asphalt Laid in Place S708.018.32 S0.00 $0.00 Drainage.Paving Concrete Town of Miami Lakes.Miscellaneous Work S114.522.00 $12,497.00 $12,497.00 Sidewalk C'rtyof Homesiead.Sidewalk Installation Repairs $300,000.00 $26,112.12 $26,112.12 Sidewalkjpurb City of Homesiead Mowry OR Improvement $133,676.68 $44,662.18 $44,662.18 Sidewalk City of Hialeah.Sidewalk Repairs S400.OOC.00 $16,631.03 $16,631.03 Sidewalk Cityof Deerfi&d Beach,CDGB Sidewalk S140.00C00 $87,666.50 $87,666.50 Sidewalk CityofMiami Gardens.Sidewalk Repairs SS47.451.30 $79.522 95 $79,522.95 Drainage,Paving Sidewalk Cityof Msami Gardens,NW 177th Ter Improvements S226.35C.90 $17,149.55 $17,149.55 Sidewalk City of NorthMiami Beach.Sidewalk Repairs $118,000.00 $362.32 $362.32 Sidewalk CityofWiltonManors,Sidewalk Repairs $39,000.00 $650.92 $650.92 S<dewalk City of Dania Eeach.Sidewalk Repairs S160.00C.00 $115,604.99 $115,804.99 Paving.Concrete.Drainage Miami-Dade County,Port of Miami M2013-C14 S1 617.084.00 $1,223,463.49 $1,223,463.49 Sidewalk Village of Palmetto Bay.Sidewalk villagewice $71,000.00 $348.35 $348.35 Concrete,Pavinq Mastec.Restoration Contract S400.000.00 $253,472.12 $253,472.12 Concrete.Pavers City of Miami.3-30687 Coconut Grove Improvements $393,716.44 $1.926 28 $1,926.28 Water,Sewer.Drainage Concrete City of Miami-B-40668.Flex Park Marine S adium S7.COO.000.00 $5,897,672.10 $5,897,672.10 Sidewalk Miami-Dade County,Busway Pedestrian Imp.20150046 $698,687.40 $698,667.40 $698,687.40 Paving Miami-Dade County,Roadway Improvements 20150067 S339.184.70 $339,184.70 S339.184 70 OTHER WORK $14,238,104.55 (Col.5 Subtotal) PLEASE ENTER ATTACHMENT TOTALS ON THIS LINE TOTAL UNCOMPLETED WORK ON HAND TO BE DONE BY YOU GRAND TOTAL NOTE:Columns 3anc4to show totalcontract (cr ?ubcontract)amounts.Colunn 5tobe difference betweer columns 3 and 4.Amourt in columns 6or7tobe uncompleted portion of amount in column 5.All amounts tobe shov/n to nearest $100.00 TheContractormayconsolidateandlistasasingleitemall contracts whichindividuallydonot exceed $14,238 104.55 SO.0D S14.238,104.55 Total of Columns 6 and 7 Must Be Filled !r and Must Agree with Related Attachments),If furnished. 3%of thetotalana vvfiich inthe agg regate amourt to less than 20%of the total. LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Multiple Locations forRoad Resurfacing Projects RFP#PW20l6-08 Respondent shall list all proposed subcontractors,if subcontractors areallowedbythetermsofthisSolicitationto be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone,Fax &1 Email 1 Landscape SoddingandTurf Work Electrical Irrigation Paving <kU Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting TestingLaboratory Soil Fumigator Signs Other: Thislist shall beprovidedtotheCityofSouth Miami bythe apparent lowestresponsiveandresponsibleBidder within five (5)businessdaysafter Bid Opening. Thomas F.Pepe 12/10/2015 END OF SECTION 15 NON COLLUSION AFFIDAVIT STATEOF FLORIDA ) ) COUNTYOF MIAMI-DADE ) w.Lfe\A>r>(T\.Kc*SOOpvc€S being first duly sworn*deposes and states that: (I)(j^She/The$/are the Yfe^A^t^A (Owner,Partner,Officer,Representative or Agent)of Yl&flVD "U^r€^^\A^e\Q .the Respondent that has submitted the attached Proposal;^ (2)He/She/They is/are fully informed concerning the preparation and contents ofthe attached Proposal and of ail pertinent circumstances concerning such Proposal; (3)Such Proposal is genuine and isnota collusive or sham Proposal; (4)Neitherthe said Respondent nor any ofits officers,partners,owners,agents,representatives, employeesor parties ininterest,including this affiant,haveinanyway colluded,conspired,connived or agreed,direcdyor indirectly,withanyother Respondent,firm,orpersontosubmita collusive or sham Proposal inconnectionwiththe Work for which the attached Proposal hasbeensubmitted;or to refrain from Bidding or proposing in connection with such Work;or have inany manner,directly or indirectly,sought by agreement or collusion,or communication,or conference withany Respondent,firm,orpersontofix any overhead,profit,orcostelementsofthe Proposal orofany otherRespondent,ortofixany overhead,profit,orcostelementsofthe Proposal Price orthe Proposal Price ofanyother Respondent,ortosecure through any collusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),or any person interested inthe proposed Work; (5)The price or prices quotedinthe attached Proposal are fair and proper and arenot tainted byany collusion,conspiracy,connivance,or unlawful agreementonthepartoftheRespondentoranyother ofits agents,representatives,owners,employeesor parties of interest including this affiant. Signed,sealed an/Ldelrvered inthe presence of: By:\.jj*w &/.** Witness '*\Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATEOFFLORIDA ) ) COUNTY OFMIAMI-DADE ) On this the <£~^>day of ^Sp^K/l ,20 /y ,before me,the undersigned Notary Public of the State of Florida,personally appeared (NaW(s)of individual(s)who appeared before notary) .and whose name(s)is/areSubscribed to thewithin instrument,and he/she/they acknowledge that he/she/they executedit. Thomas F.Pepe . 12/10/2015 16 WITNESS my hand and official seal. NOTARY PUBLIC: SEALOFOFFICE: rfi><*<»*k m mt*m ****»Aftf i **$§e^El-AYNE PATRICIA REINA HAYEKi/>"^tf.\Notary Public Slate of Florida<V3<y^>oV My Comm.Expires Jul 7,2018 i *^y§»S&^Commission #Ff 102081 *'''mil**' M uj w Thomas F.Pepe 12/10/2015 •w HT *il»& (Name of Nofarv Public Print Stamp or type a$commissioned.) Personally known tome,or Personal identification: Type of Identification Produced ^Did take an oath,or Did Not take anoath. 17 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)ofSection 287.133,Florida State Statutes -"A person or affiliate whohasbeen placed ontheconvictedvendor list following a conviction fora public entitycrimemaynotsubmita Proposal orbidonaContractto provide any goodsor services toa public entity,maynotsubmitaBidor proposal for aContractwitha public entityforthe construction of repair ofa public building or public work,may notsubmitbidsor proposals on leases or real propertytoa public entity,maynotbe awarded toperform Work asa RESPONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant underaContractwithany public entity,andmaynottransact business withany public entityinexcessofthe threshold amount CategoryTwoof Section 287.017,Florida Statutes,forthirtysix (36)months from thedateof being placed onthe convicted vendor list". The award ofanycontract hereunder is subject tothe provisions of Chapter 112,Florida Sute Statutes.Respondents must disclose with their Proposals,the name of any officer,director,partner,associate or agentwhois also an officer oremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287J33 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to [print rjjame ot thepub by' [print individual's nameand title] for V\pV)^Qcfes ,-\nc~ [printnameofentitysubmittingswornstatement] whose business address is /WH2-(O O^/<^7 ^' Si oA\a^-^33^ and (if applicable)its Federal Employer Identification Number (FEIN)is to\~~CA /16^((If the entity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement: J 2.I understand that a "public entity crime'4 as defined in Paragraph 287.133 (l)(g),Florida Statutes, means a violation of any stateor federal law bya person with respect to and direedy related tothe transaction of business with any public entityor with an agency or political subdivision of any other state orofthe United States,including,butnot limited to,any bid,proposal or contract for goods or services tobe provided to any public entityor an agency or political subdivision ofanyother state orofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b),Florida Statutes,meansa finding ofguiltoraconvictionofa public entity crime,withor without an adjudication of guilt,inany federal orstate trial courtof record relating to charges broughtby indictment or information after July I,1989,asaresultofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understand thatan "affiliate"as defined in Paragraph 287.133 (I)(a),Florida Statutes,means: (a)Apredecessororsuccessorofaperson convicted ofa public entity crime;or (b)Anentity under thecontrolof any natural person whois active in the management oftheentity and who hasbeen convicted ofapublicentitycrime.The term "affiliate"includes those officers, directors,executives,partners,shareholders,employees,members,andagentswhoareactivein Thomas R Pepe 12/10/20 IS 18 themanagementofan affiliate.Theownershipbyonepersonofsharesconstitutingacontrolling interestinanyperson,orapoolingofequipmentorincomeamongpersonswhen not for fair marketvalueunderanarm'slength agreement,shall bea prima facie casethatoneperson controlsanotherperson.Apersonwho knowingly enters into ajointventurewithaperson whohasbeenconvictedofa public entitycrimein Florida during the preceding36 months shall be considered an affiliate. 5.I understandthata "person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany natural personor entity organizedunderthelawsofanystateoroftheUnitedStateswith the legal power to enter into abinding contract andwhichbids or proposalorappliestobidor proposal on contractsfortheprovisionofgoodsorservicesletbya public entity,orwhichotherwisetransactsor appliestotransactbusinesswithapublicentity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,andagentswhoareactiveinmanagementofan entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entitysubmittingthisswornstatement.[Indicate which statement applies.] x Neither the entity submittingthissworn statement,noranyofitsofficers,directors,executives, partners,shareholders,employees,members,or agents whoareactiveinthe management of the entity, norany affiliate of the entity hasbeenchargedwithand convicted ofapublic entity crime subsequent to July I,1989. The entity submitting thissworn statement,or one or more ofitsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthemanagementoftheentity, oran affiliate ofthe entity hasbeenchargedwithandconvictedofa public entitycrime subsequent to July I,1989. Theentitysubmittingthisswornstatement,oroneor more ofitsofficers,directors,executives, partners,shareholders,employees,members,oragents who areactivein the managementoftheentity, oran affiliate ofthe entity hasbeenchargedwithandconvictedofapublicentitycrime subsequent ofJuly I,1989.However,therehasbeenasubsequent proceeding beforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearingsandthe Final Order entered bythe Hearing Officer determined thatitwas not in the public interest toplace the entity submitting this sworn statement on theconvictedvendorlist[attachacopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVEISFORTHAT PUBLIC ENTITYONLY,AND THATTHISFORMISVALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORMTHEPUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESSOFThIE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 2.GSworntoandsubscribedbeforemethis£-Q day of Personally known ^ OR Produced identification My commission expires (Typeof identification)(Printed,typedorstampedcommissioned FormPUR 7068 (Rev.06/11 /92)name of notary public) ,{\m*<th* HAYNE PATRICIA REINA HAYEK Thomas F.Pepe 4 /^A^\'-NoUfy Publ,C 'SU,e °f F,0Clda12/10/2015 /:l\J:?:)li My Comm.Expires Jul 7.2018 4 <"£/Commission #FF 102081 DRUG FREE WORKPLACE Whenevertwoormore Bids or Proposals whichare equal withrespectto price,quality andservicearereceived bytheStateorbyany political subdivisions fortheprocurementofcommoditiesorcontractualservices,aBidor Proposal received froma business that certifies thatit has implemented a drug-free workplace program shall be givenpreferenceintheawardprocess.Established proceduresforprocessingtie Bids or Proposals shall be followed ifnoneofthetiedvendors have a drug-free workplace program.In ordertohavea drug-free workplace program,abusiness shall: 1)Publish astatement notifying employeesthatthe unlawful manufacture,distribution,dispensing, possession,oruseofacontrolledsubstanceis prohibited intheworkplaceand specifying the actionsthat shall betaken against employeesfor violations ofsuchprohibition. 2)Informemployeesaboutthedangersofdrugabuseintheworkplace,the business1 policy of maintaining adrug-freeworkplace,any available drug counseling,rehabilitation,and employee assistance programs,andthepenaltiesthatmaybeimposeduponemployeesfordrugabuse violations. 3)Give each employee engaged in providing the commodities or contractual services thatareunder BidacopyofthestatementspecifiedinSubsection (I). 4)In thestatement specified inSubsection(I),notifytheemployees,that,asaconditionofworking of the commodities orcontractualservicesthatareunder Bid.he employee shall abidebythe termsofthe statement and shall notifytheemployeeofanyconvictionof,orpleaofguiltyor nolo contendere to,any violation ofChapter893orofanycontrolledsubstancelawoftheUnited Statesoranystate,foraviolation occurring intheworkplacenolaterthan five (S)businessdays after such conviction. 5)Imposea sanction on,orrequirethe satisfactory participation inadrugabuse assistance or rehabilitation program,ifsuchis available intheemployee'scommunity,byanyemployeewhois so convicted. 6)Makeagood faith efforttocontinueto maintain adrug-freeworkplacethroughimplementation of this section. Astheperson authorized to sign thestatement,I certifythatthis firm complies fully withtheabove requirements. «\/«h~G~(a •«wwV,RESPONDENT'S Signature: Print Name:ji?U'n A •'^Sobor^S' Date:Of JZjT'//& Thomas F.Pepe 12/10/2015 20 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,y\ok(V ^Xw*gSS f\jtiC ,(Name of CONTRACTOR),hereby acknowledge and agree that as CONTRACTOR for thV Multiple Locations for Road Resurfacing Projects as specified have the sole responsibilityforcompliancewithallthe requirements oftheFederalOccupationalSafetyandHealthActof 1970, andallStateandlocalsafetyandhealthregulations,andagreetoindemnifyandholdharmlesstheCityofSouth Miami andN/A(Consultant,ifany)againstanyandall liability,claims,damages,lossesandexpensestheymay incurduetothefailureof (Sub-contractor's names): to comply with suchact or regulation. CONTRACTOR Name^v Title Thomas F.Pepe 12/10/2015 21 Witness BY: AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS Theperson,orentity,whoisrespondingtotheCity's solicitation,hereinafterreferredtoas "Respondent",must certify thatthe Respondent's name DoesNotappearontheStateof Florida,Department of Management Services, "CONVICTED,SUSPENDED,DISCRIMINATORY FEDERAL EXCLUDED PARTIES andCOMPLAINTS VENDOR LISTINGS". Ifthe Respondent's name Does appearononeor all the "Listings"summarized below,Respondents must "Check if Applies"nexttothe applicable "Listing."The "Listings"canbe accessed through the following link tothe Florida Departmentof Management Serviceswebsite: http^/www.dms.myflorida.com/business_Qperations/state purchasing/vendorjnformauon/convictedsusp endeg_diicrim^ ,DECLARATION UNDER PENALTY OF PERJURY lfi)g)uLP ft .UOSokge^S (hereinafter referred to as the "Declarant")sute,under penalty ofperjury, thatthe following statements aretrue and correct:__ (1)Irepresent the Respondent whose name is YteWlPfcapres^mrvi. (2)I have the following relationship with the Respondent iffgn^cAoi^v^(Owner (if Respondent is a soleproprietor),President(ifRespondentisacorporation)Partner(if Respondent isa partnership),General Partner(ifRespondentisa Umited Partnership)or Managing Member>(if Respondent isa Limited Lability Company). (3)I havereviewedthe Florida Departmentof Management Serviceswebsiteatthe following URL address: http^/www.dms.m)rflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_d scriminatory_complaints_vendor_lists (4)I have enteredan "x"or acheckmarkbesideeach listing/category setforthbelowiftheRespondent's name appears inthelist found onthe Florida Department of Management Services websiteforthat category or listing.If I didnotenteramark beside a listing/category,it means that I am attesting tothe fact thatthe Respondent'snamedoesnotappearonthe listing forthatcategoryinthe Florida Department ofManagement Services website as of the date of this affidavit Check if Applicable Convicted Vendor List SuspendedVendorList DiscriminatoryVendor List Federal Excluded PartiesList Vendor ComplaintList FURTHER DECLARANT SAYETH NQI._ {Print nameofDeclarant) 12710/2015 ..{Print name of Dedai By:QcV (jL*+ (SignatureofDeclara(SignatureofDeclarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the _~^*day of ^AyPvVl .20 /Y>,before me,the undersigned authority,personally appeared JyoAjjp ^.^fcaScd^fc^r€>r who is personally know fo me or who provided the following identification and who took an oath or a^irrpexLthat that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS myhandandofficialseal. NOTARY PUBLIC: SEAL (Name of Notary Public:Print, .«,,*gwfr *fe»»^T»^v^A,^i^dff^ftrnp or typeascommissioned.) ELAYNE PATRICIA REINA HAYEK * Thomas F Pe i :.j;™;j.-No*a'y PUMC -State Of Florida > iinA/ifttt ef>C V^ilR/My Comm.Expires Jul 7.2018 > Commission #FF102081 RELATED PARTY TRANSACTION VERIFICATION FORM lAW?^r^rc^Sc^^^S ,individually and on behalf of M$/\\0 ^fa»g|s^SS ^o> ("Firm")have Name of Representative ComponylVendorlEntity readtheCityofSouth Miami ("Gty'ys Codeof Ethics, Section 8A-1 oftheCity's Code ofOrdinancesand 1herebycertify,underpenaltyofperjurythattothe best ofmy knowledge,informationandbelief: (1)neither I northe Firm haveanyconflictofinterest(asdefinedinsection 8A-I)withregardtothe contract or businessthat I,and/ortheFirm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial interestgreater than 5%inthe Firm,hasany relative(s),asdefinedinsection 8A-1,whoisanemployeeoftheCityorwho is(are) an appointed orelected official oftheCity,orwho is(are)amemberofany public bodycreatedbytheCity Commission,/.e.,aboardor committee oftheCity,[while theethicscodestill applies,if the personexecutingthis formisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(2)shall bebased solelyonthe signatory's personalknowledgeand he/she isnotrequiredtomakeanindependent investigation asto the relationship ofemployeesorthosewhohavea financial interestinthe Firm.];and (3)neither I northe Firm,noranyonewho has a financial interest greater than $%inthe Firm,noranymemberof those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoany contract(s)withtheCityor has a financial interest,director indirect,in any business being transacted withthecity,orwithanypersonor agency acting forthecity,otherthanas follows: _(ifnecessary,useaseparatesheettosupply additional informationthat will not fit onthis line;however,you must makereference,on the above line,totheadditional sheet and the additional sheet must besigned under oath),[while theethicscodestill applies,ifthepersonexecutingthisformisdoingsoonbehalfofa firm whose stockis publicly traded,the statement inthissection(3)shall bebasedsolelyonthesignatory's personal knowledge and he/sheisnotrequiredto make an independent investigation astothe relationship ofthosewho havea financial interest in the Firm.];and (4)no elected and/or appointed official or employee oftheCityof South Miami,or any oftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)hasa financial interest,directlyor indirectly,inthe contractbetweenyouand/oryour Firm andtheCityotherthanthe following individuals whoseinterestisset forthfollowingtheirnames: (ifnecessary,useaseparatesheetto supply additional informationthat will not Fit onthis line;however,youmust make reference,onthe above line,to theadditional sheet andtheadditional sheet must besignedunder oath). Thenamesof all Cityemployeesandthatof all electedand/orappointedcity officials orboardmembers,who own,directlyor indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthe firm are as follows: (if necessary,useaseparate sheet tosupply additional information that will not fit onthis line;however,youmust makereference,ontheaboveline,tothe additional sheetandthe additional sheetmustbe signed under oath), [while theethicscode still applies,ifthepersonexecutingthisformis doing soon behalf ofa firm whosestockis publicly traded,the statement inthissection(4)shall bebasedsolelyonthesignatory'spersonalknowledgeand he/she isnotrequiredtomakeanindependent investigation astothe financial interestinthe Firm ofcity employees,appointed officials ortheimmediate family members ofelectedand/orappointed official oremployee.] (5)I and the Firm further agree not touseor attempt touseany knowledge,property or resource whichmay come tousthroughourpositionoftrust,orthroughourperformanceofourdutiesunderthe terms ofthe contractwiththeCity,to secure aspecial privilege,benefit,or exemption forourselves,or others.We agreethat wemaynotdiscloseoruseinformation,not available to members ofthegeneralpublic,forourpersonal gain or benefit or forthepersonalgain or benefit of any other person or business entity,outside of the normalgainor benefit anticipated through the performance of the contract. (6)I andthe Firm hereby acknowledge thatwehavenot contracted ortransaccedanybusinesswiththeCityor anypersonoragencyactingfor the City,andthat we have not appearedin representation ofanythirdparty before anyboard,commission or agency of the City withinthepast two years other thanas Thomas F.Pepe 12/10/20)5 23 follows:(if necessary,useaseparate sheet tosupply additional informationthatwillnot fit onthis line;however,you must makereference,ontheabove line,tothe additional sheet and the additional sheetmustbe signed underoath). X:\PurchasingWendor Registration\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I noranyemployees,officers,ordirectorsofthe Firm,noranyoftheirimmediate family (i.e.,asa spouse,son,daughter,parentbrotheror sister)is related bybloodor marriage to:(i)anymemberoftheCity Commission;(ii)anycity employee;or (iii)any memberof any board or agency oftheCityother than as follows: (ifnecessary,useaseparate sheet tosupplyadditional informationthatwillnot fit onthis line;however,youmustmakereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath),[while theethicscode still applies,iftheperson executingthisformisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(7) shall bebasedsolelyonthe signatory's personal knowledge and he/sheisnot required tomakeanindependent investigation astothe relationship bybloodor marriage of employees,officers,ordirectorsofthe Firm,orofany oftheir immediate family toany appointed orelected officials ofthe City,ortotheir immediate family members]. (8)NoOther Firm,nor any officers or directors ofthatOther Firm or anyone who has a financial interest greater than 5%inthatOther Firm,noranymemberofthose persons'immediate family (i.e.,spouse,parents,children, brothersandsisters)noranyofmyimmediate family members (hereinafter referredtoas"Related Parties")has respondedtoasolicitationbythe City inwhich I orthe Firm that I represent oranyonewhohasa financial interest greaterthan5%intheFirm,orany member ofthose persons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealso responded,other than the following: (if necessary,useaseparatesheettosupply additional informationthatwillnot fit onthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscode still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis publicly traded,thestatementinthissection(8)shall be based solely onthe signatory's personal knowledge and he/she isnotrequiredtomakeanindependent investigation intotheOther Firm,orthe Firm he/sherepresents,as totheir officers,directorsoranyone having a financial interestinthose Firms or any oftheiranymemberofthose persons'immediate family.] (9)I andthe Firm agreethatweare obligated tosupplementthis Verification Form andinformtheCityofany changeincircumstancesthatwouldchangeouranswerstothis document Specifically,aftertheopeningofany responsestoa solicitation,I andthe Firm havean obligation tosupplementthis Verification Form withthenameof all Related Parties who have alsorespondedtothesame solicitation and to disclose the relationship ofthose partiestomeand the Firm. (10)A violation ofthe City's Ethics Code,the giving of any false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm to immediate termination ofany agreement withtheCity,andthe imposition ofthe maximum fine and/or any penalties allowed by law.Additionally,violations may be considered by and subject to action bythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I havemadeadiligentefforttoinvestigatethematterstowhich I amattestinghereinaboveandthatthe statements made hereinabove aretrueandcorrecttothebestofmy knowledge,information andbelief. Signature:\/fctiK?_ Print Name &Title:I\)£^€>h -UC^CP^oc^ Date:QV/^T I/(, Thomas F.Pepe 11/10/2015 24 Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissection shall bedesignatedandknownasthe "City ofSouth Miami ConflictofInterestandCodeofEthics Ordinance."Thissectionshallbe applicable toallcitypersonnelasdefinedbelow,andshallalso constitute a standardofethicalconductandbehaviorforallautonomouspersonnel,quasi-judicial personnel,advisory personneland departmental personnel.The provisions ofthissection shall be applied ina cumulative manner.By wayofexample,and not asalimitation,subsections(c)and(d)maybeappliedtothesame contract ortransaction. (b)Definitions.Forthepurposesofthissectionthe following definitions shall be effective: (1)Theterm "commission members"shall refertothemayorandthemembersofthe city commission. (2)Theterm"autonomouspersonnel"shall refertothemembersofautonomousauthorities,boardsand agencies, suchasthecity community redevelopment agency andthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,the environmental review andpreservationboard,thecodeenforcementboardandsuch other individuals,boardsand agencies ofthecityasperform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothemembersofthosecity advisory boardsand agencies whose soleorprimaryresponsibilityistorecommend legislation orgiveadvicetothecitycommission. (5)Theterm "departmental personnel"shall refertothe city clerk,the city manager,department heads,thecity attorney,and ail assistants tothecity clerk,city manager andcityattorney,howevertided. (6)Theterm "employees"shall referto ail otherpersonnel employed bythe city. (7)Theterm "compensation"shall referto 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)Theterm "controlling financial interest"shall referto ownership,direcdyor indirectly,often percentormore oftheoutstanding capital stockinanycorporationoradirect or indirectinterestoftenpercentormoreina firm, partnership,or other business entityatthetimeof transacting business withthe city. (9)Theterm "immediate family"shall refertothespouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm "transact any business"shall refertothe purchase orsalebythe city of specific goodsor services forconsiderationandtosubmittingabid,aproposalinresponsetoa Solicitation,a statement of qualifications in responsetoarequestbythecity,orenteringintocontract negotiations forthe provision onanygoodsorservices,whicheverfirstoccurs, (c)Prohibitionon transacting businesswiththecity. Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontractortransactany business in which thatpersonoramemberofthe immediate family hasa financial interest direct or indirectwiththecityoranypersonor agency acting forthe city,andanysuch contract agreementor business engagemententeredin violation ofthis subsection shall renderthe transaction voidable. Willful violation of this subsection shall constitute malfeasance inoffice and shall affect forfeiture of office or position.Nothinginthissubsection shall prohibit or make illegal: (1)The payment of taxes,special assessments or fees for services provided bythecity government; (2)The purchase of bonds,anticipation notesorother securities that may be issued bythecitythrough underwriters or directlyfromtimeto time Waiver of prohibition.The requirements ofthis subsection may be waived fora particular transactiononlybyfour affirmative votesofthe city commissionafterpublichearingupon finding that: (1)An open-to-all sealed competitive proposal has been submitted bya city person as defined in paragraphs (b)(2), (3)and (4); (2)The proposal hasbeen submitted by apersonor firm offering services within thescopeofthe practice of architecture,professional engineering,orregisteredland surveying,as defined bythelawsofthestateand pursuanttotheprovisionsoftheConsultants'CompetitiveNegotiationActandwhentheproposalhasbeen submitted byacity person definedinparagraphs(b)(2),(3)and(4); (3)Thepropertyor services tobe involved intheproposedtransactionare unique andthecitycannot avail itself ofsuchpropertyor services withoutenteringatransaction which would violate thissubsectionbutforwaiverof its requirements;and (4)That the proposed transaction will beinthebest interest ofthecity. Thissubsectionshallbeapplicableonlyto prospective transactions,andthecitycommissionmayinnocaseratifya transaction entered in violation of this subsection. Provisions cumulative.This subsection shallbe taken to be cumulative andshall not be construed to amend or repeal any other law pertaining to the same subject matter. (d)Further prohibition on transacting businesswith the city. Thomas F.Pepe 12/10/201$ 25 Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontractortransactany business througha firm,corporation,partnershipor business entityin which that personoranymemberoftheimmediate family hasacontrolling financial interest direct or indirectwiththecity oranypersonoragencyactingforthecity,andanysuch contract agreementorbusiness engagement entered in violationofthissubsectionshall render thetransaction voidable.Theremainingprovisionsofsubsection(c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,noperson included inthetermdefinedin paragraph (b)(1)shall voteon or participateinanywayin any matter presentedtothecitycommissionif that personhasanyofthe following relationships with anyof the persons or entitieswhichwouldbeormightbedirectlyor indirectly affectedbyanyactionofthecitycommission: (1)Officer,director,partner,of counsel,consultant employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,or creditor,ifinanyinstancethetransaction or matter wouldaffect the persondefinedinparagraph(b)(I)inamannerdistinctfromthemannerinwhichitwouldaffectthe public generally.Any person included intheterm defined in paragraph (b)(1)whohasanyofthe specified relationships or whowouldormightdirectlyor indirectly,realizeaprofitbytheactionofthecitycommission shall notvoteonor participate inanywayinthe matter. (9Gifb. (1)Definition.Theterm "gift"shall refertothetransferof anything of economic value,whetherintheformof money,service,loan,travel,entertainment hospitality,itemorpromise,orinany other form,without adequate and lawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Giftsfrom relatives ormembersofone's household,unless thepersonisaconduiton behalf ofathirdpartyto the delivery ofagiftthatisprohibitedunder paragraph (3); c.Awardsfor professional or civic achievement; d.Material suchas books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.Aperson described in paragraphs (b)(l)through (6)shall neither solicit nor demand any gift.Itis also unlawful foranypersonorentityto offer,give oragreeto give toanyperson included intheterms defined in paragraphs (b)(1)through (6),orfor any person included intheterms defined in paragraphs (b)(1)through (6)to accept or agreetoacceptfrom another person or entity,anygiftfororbecauseof: a.An official public action taken,ortobe taken,or which could be taken,oran omission or failure toukea public action; b.A legal duty performed ortobe performed,or which could be performed,oran omission or failure toperform a legaJ duty; c.A legal duty violated ortobe violated,or which could be violated byanyperson included intheterm defined in paragraph (b)(1);or d.Attendance orabsencefromapublicmeetingatwhich official actionistobetaken. (4)Disclosure.Any person included intheterm defined In paragraphs (b)(i)through (6)shall disclose any giftor series of gifts from anyone person or entity,having a value in excess of $25,00.The disclosure shall be made by filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county and with the Florida Secretary ofState. (0 Compulsory disclosure byemployeesof firms doingbusiness with thecity. Should any person included inthe terms defined in paragraphs (b)(1)through (6)be employed by a corporation, firm,partnership or business entity in which that person ortheimmediate family does not have a controlling financial interestand should the corporation,firm,partnership or business entity have substantial business commitments toor from the city or any city agency,orbe subject todirect regulation bythecityora city agency, thentheperson shall file aswornstatement disclosing such employment andinterestwiththeclerkofthe city. (g)Exploitation of official position prohibited. No person included in theterms defined in paragraphs (b)(1)through (6)shall corruptly useor attempt tousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidential information. No person included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in any business or professional activity which one might reasonably expect would requireor induce oneto disclose confidential information acquired byreasonofan official position,nor shall thatpersonin fact ever disclose confidential information garnered or gained through an official position with the city,nor shall thatpersoneveruse such information,directly or indirectly,for personal gain or benefit. Thomas F.Pepe 12/10/201$ 26 (i)Conflictingemploymentprohibited. Noperson included intheterms defined in paragraphs (b)(1)through(6)shall accept other employmentwhich wouldimpairindependenceofjudgmentintheperformanceofany public duties. (j)Prohibitionon outside employment. (1)Nopersonincludedinthetermsdefinedinparagraphs(b)(6)shall receiveanycompensationforservicesasan officeroremployeeofthecityfromanysource other thanthecity,exceptasmaybepermittedas follows: a.Generally prohibited.No full-time cityemployee shall acceptoutside employment,either incidental,occasionalor otherwise,where citytime,equipment ormaterialistobeused or where suchemploymentoranypart thereof is tobe performed oncitytime. b.When permitted.Afull-timecityemployeemayacceptincidentaloroccasional outside employmentsolongas suchemploymentisnot contrary,detrimentaloradversetothe interest ofthecity or anyofits departments and theapprovalrequiredinsubparagraphc.isobtained. c.Approval ofdepartmentheadrequired.Any outside employment byany full-time cityemployeemustfirstbe approvedinwritingbytheemployee's department headwho shall maintainacompleterecordofsuch employment. d.Penalty.Anypersonconvictedof violating any provision ofthissubsection shall be punished as provided in section 1-11 oftheCodeofMiami-DadeCountyand,inadditionshallbesubjecttodismissalbytheappointing authority.Thecity may also assess against a violator a fine nottoexceed $500.00 andthecostsof investigation incurredbythecity. (2)All full-time cityemployeesengagedinanyoutsideemploymentforanyperson,firm,corporationorentity otherthanthecity,oranyofits agencies or instrumentalities,shall file,underoath,an annual report indicating the sourceoftheoutsideemploymentthenatureofthework being doneandanyamountofmoneyorother consideration received bythe employee from theoutside employment.City employee reports shall be filed with the city clerk.Thereports shall be available ata reasonable timeand place for inspection bythe public.Thecity manager may require monthly reports from individual employees or groups of employees for good cause. (k)Prohibited investments. No person included intheterms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments inanyenterprise which will createa substantial conflict betweenprivateinterests andthepublic interest (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall appearbefore any city boardor agency andmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit sought bythethirdperson.Nor shall thepersonreceiveany compensation or gift,directly or indirectly,for services renderedtoathirdperson,who has applied fororis seeking some benefit from thecityoracity agency,in connection withthe particular benefit soughtbythethirdperson.Nor shall thepersonappearin any courtorbefore any administrative tribunal as counselor legal advisortoapartywhoseeks legal relieffromthecityoracity agency throughthesuitin question. (2)Nopersonincludedintheterms defined inparagraphs (b)(2),(3)and(4)shall appearbeforethecity commission or agency onwhichthepersonserves,either directly orthroughanassociate,andmakea presentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract certificate,ruling,decision, opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall suchpersonreceiveany compensation orgift directly or indirectly,for services renderedtoathird party whohas applied fororis seeking some benefit from thecity commission or agency on which theperson serves in connection with the particular benefit soughtbythethirdparty.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisor toathirdpartywhoseeks legal relief fromthecity commission or agency on which such person serves through thesuitinquestion. (m)Actions prohibited whenfinancialinterestsinvolved. Noperson included inthetermsdefinedinparagraphs(b)(I)through(6)shall participateinany official action direcdy or indirectlyaffectingabusinessinwhichthatpersonorany member oftheimmediate family hasa financial interest.Afinancial interest isdefinedinthis subsection to include,but not belimitedto.any direct or indirect interest inany investment equity,ordebt. (n)Acquiring financial interests. Nopersonincludedinthetermsdefinedinparagraphs (b)(1)through(6)shall acquirea financial interestina project businessentityor property atatimewhenthepersonbelievesorhasreasontobelievethatthe financial interestmaybedirectlyaffectedby official actionsorby official actionsbythecityorcity agency ofwhichthe person isan official,officer or employee. (0J Recommending professional services. Thomas F.Pepe 12/10/201S 27 No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services of any lawyer or law firm,architector architectural firm,public relations firm,oranyotherpersonor firm,professional or otherwise,to assist inany transaction involving the city oranyofits agencies,provided thata recommendation mayproperlybemadewhenrequiredtobemadebythedutiesof office andin advance ata public meeting attendedbyothercity officials,officers or employees. (p)Continuing application after city service. (1)No person included in theterms defined in paragraphs (b)(1),(5)and (6)shall,fora period oftwo years after his orher city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,Solicitation,RFQ,bid,request for ruling orother determination,contract claim,controversy,charge,accusation,arrestorother particular subjectmatterin which thecityoroneofits agencies isapartyorhas any interest whatever,whetherdirector indirect Nothing contained inthis subsection shall prohibit any individual from submitting aroutine administrative requestor application toacitydepartmentor agency during thetwo-yearperiodafterhisorherservicehas ceased. (2)The provisions ofthe subsection shall not apply to persons who become employed by governmental entities, 501 (c)(3)non-profitentities or educational institutions orentities,andwho lobby on behalf ofthoseentitiesin their official capacities. (3)The provisions of this subsection shall apply to all persons described in paragraph (p)(l)whosecityserviceor employment ceasedafter the effectivedateof the ordinance fromwhichthissectionderives. (4)Noperson described in paragraph (p)(I)whosecity service or employment ceased within twoyearspriorto the effective dateofthis ordinance shall for a periodof two yearsafterhisorherserviceor employment enter intoa lobbying contracttolobbyany city official in connection withany subject described in paragraph (p)(l)in whichthecityoroneofitsagenciesisaparty or hasanydirectandsubstantialinterest;andinwhichhe or she participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment.Aperson participated "directly" whereheorshewas substantially involved inthe particular subjectmatter through decision,approval,disapproval, recommendation,therenderingof advice,investigation,orotherwise,during his orhercityserviceor employmentApersonparticipated "indirectly"whereheorshe knowingly participated inanywayintheparticular subjectmatterthrough decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,during hisorhercity service or employment.All personscoveredbythis paragraph shall executean affidavit onaformapprovedbythecityattorneypriorto lobbying any city official attestingthatthe requirementsofthissubsectiondonotprecludethepersonfrom lobbying city officials. (5)Anypersonwho violates this subsection shall besubjecttothe penalties provided insection 8A-2(p). (q)City attorney to render opinionson request. Whenever any person included in the terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)is in doubt astotheproper interpretation or application ofthisconflictofinterestandcodeofethicsordinance,or wheneveranypersonwhorenders services tothecityisindoubtastothe applicability oftheordinancethat person,may submit tothecityattorneya full writtenstatementofthe facts and questions.Thecityattorney shall thenrenderan opinion tosuchperson and shall publish these opinions withoutuseofthe name oftheperson advisedunless the person permits the useofaname. (Ord.No.6-99-/680,§2.3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§BA-I and 8A-2 intheirentiretyand replaced themwithnew§§ 8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration of policy and definitions,respectively,and derivedfromOrd.No.634,§§I (I A-1),I (IA-2)adopted Jan.II,1969. Thomas F.Pepe 12/10/2015 28 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit isnot required for compliance with the City's Solicitation;however,itmaybe used to avoid the need to register members ofyour presentation team aslobbyists.Pursuant toCity Ordinance 28-14- 2206 (c)(9),any person who appears asa representative foranindividualorfirmforanoral presentation before aCity certification,evaluation,selection,technical review orsimilar committee,shalllistonan affidavitprovidedby the Citystaff,allindividualswhomaymakea presentation.Theaffidavitshallbe filedby staff with the Clerk'sofficeat 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 ofany person otherwise required toregisterasalobbyist,shallnotbe required topayany registration fees.No person shall appear before any committee on behalf of an anyone unless he or she hasbeenlistedaspartof the firm's presentation team pursuant tothis paragraph orunlessheorsheis registered with the CityClerk'sofficeasalobbyistandhaspaidall applicable lobbyist registration fees. Pursuant to '92.525(2),Florida Statutes,the undersigned,,makes the following declaration under penalty of perjury: Listed below are all individuals whomay make a presentation onbehalf of the entity that the affiant represents.Pleasenote;No person shall appear before any committee on behalf of anyone unless he or she has been listedaspart of the firm's presentation team pursuant to this paragraphor unless he or she is registered with the Clerk's office asa lobbyist andhaspaidall applicable lobbyist registration fees. NAME TITLE For the purpose ofthisAffidavitof Representation only,the listed members of the presentation team, with the exception of any person otherwise required to register asa lobbyist,shall not be required to pay any registration fees.TheAffidavitof Representation shall befiled with the City Clerk's office at the time the committee's proposal is submitted to the Cityas part of the procurement process. Under penalties ofperjury,I declare that I haveread the foregoing declaration and that the facts stated init are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this dayof ,20. Signature of Representative Print Name and Title Print name of entity being represented END OF SECTION Thomas F.Pepe 12/10/201S 29 NOTICE OF AWARD Multiple Locations forRoadResurfacing Projects RFP #PW2016-08 TheCityhasconsideredtheProposalsubmittedbyyour firm forthe Multiple Locations forRoad Resurfacing Projects nresponsetoitsadvertisementforRequestfor Proposal andInstructionsto Respondents. YouareherebynotifiedthatyourProposalhasbeenacceptedforthe Multiple Locations forRoad Resurfacing Projects inthelumpsumamountof$,brokendownas follows: BaseProposal: Alternate #1: Alternate #2: Alternate #3: Youare required bytheInstructionstoRespondents to executethe Contract Documents atthetimeofsubmittal of proposal and to furnish any required Performance Bond,Payment Bond,and insurance documents (see Proposal Submittal ChecklistForm)withinten (10)dayfromthedateofthisnoticetoyou. Notwithstanding thefactthatyouhaveagreed,by responding tothe Solicitation,tothetermsofthecontract attached tothe Solicitation package,if you fail to execute said Contract and to furnish said bonds,the required insurance documentation within ten (10)calendar days from thedateof this notice,the CITY shall have the right andbeentitled,initssoleandabsolutediscretion,to disqualify the Proposal,revoketheawardandretainthe Proposal/Bid Bond/Security.Please be advised thatifthecontractprice exceeds $5,000.00 orifitisa multi-year contract requiringpaymentoutofmorethanoneyear'sappropriation,theawardandthe contract mustbe approvedbytheCityCommissionbeforeitis binding ontheCity. BY: Steven Alexander City Manager Datedthis day of ,20 ACCEPTANCE OF NOTICE Receipt oftheaboveNoticeof Award ishereby acknowledged by Onthisthedayof ,20. BY: TITLE: Youarerequiredtoreturnan acknowledged copyofthisNoticeofAwardtotheCity Manager. END OF SECTION Thomas F,Pepe 12/10/2015 30 NOTICE TO PROCEED PUBLIC CONSTRUCTION CONTRACT Multiple Locations for Road Resurfacing Projects RFP #PW2016-08 TO:DATE: PROJECT DESCRIPTION:Multiple Locations for Road Resurfacing Projects inaccordancewithPlansand specifications,ifany,asmaybepreparedinwholeorinpartbyCONSULTANT,referencedintheSupplementary Conditions and Contract Documents. Youare hereby notified to commence Work in accordance withthe Contract dated .on or before .Youaretocompletetheworkwithin 90 calendar days.Thedateofcompletionofall Work is therefore 20 CityofSouth Miami BY: (print name) CityManager,or designee ACCEPTANCE OF NOTICE ReceiptoftheaboveNoticetoProceedishereby acknowledged by. onthisdayof ,20. BY: TITLE: Thomas F.Pepe 12/10/2015 END OF SECTION 31 Exhibit #I Scope of Services Attachment A Multiple Locations for Road Resurfacing Projects RFP3PW20I6.08 I.Scope of Work: Scopeof work involves performingroadresurfacingworkon selected streets withinthe CityofSouth Miami and shall complywith applicable standards,including butnotlimited totheFOOTandthe Miami DadeCounty Public Works standards.Work covered underthis contract shall also include andisnot limited tomaintenanceof traffic,off-duty Police officer,milling,clearing &grubbing,asphalt placement,and striping. Scopeofwork involves performing P'milling andI"resurfacing with Type S-lll asphaltic concrete atthelocations described below.All striping shall bethermoplastic paint. Temporary paintshallbeincludedwithinthe thermoplastic paintitem. If the limerock baseisimpactedwithinthe milling process,thebase will need to be reworked and compacted tocomplywith Miami Dade County Public Works standards andspecifications. OffdutyPoliceofficers will berequiredforlaneclosures.Anallowance will beprovided for 160 hours ofoff-dutyPoliceofficers.Theoff-dutyPoliceofficer hour's itemisan estimate.Selected contractor willberequiredtoapplyforarightofwaypermit,during whichtimePolice will evaluate the MOTplanandassessifanoff-dutypoliceofficer will be required.If the contractor believes that more than 160 hours are required forthis project,the contractor shall adjust the quantities andtotal cost forthisitemin the proposal.Ifthenumberofhoursrequiredislessthanthe proposed numberofhours, thedifference shall becredited to the City. Work activity is limited to the hours from 7:00 am,through 6:00 p.m.,on weekdays from Monday through Friday, II.Site Locations: Location #1:SW 61 AVE (SW40&SW 44 ST) •Includes approximately 2,040SYtobemilledand resurfaced •A24inchwhitestopbarmarkingatbothstop signs onSW 61 Avenue,intersecting with SW 42 ST •50 linear feet of double yellow 6inchsolid stripe on both sides (I00LF total) Location #2:SW58ST(SW62PLtoSW62 AVE) •Includes approximately 1,100 SY to bemilledand resurfaced •A24inchwhitestopbarmarkingatthe stop sign onSW58 ST,intersectingwith SW 62 Ave •50linear feet ofdoubleyellow6inchsolid stripe Thomas F.Pepe 12/10/2015 32 Location #3:SW66 AVE &SW SO TR(SW 51 TRtoSW67 AVE) •Includes approximately 1.820 SY tobe milled andresurfaced •A24inchwhitestopbar marking ateachofthestop signs onSW50 TR. intersectingwithSW67 AVE,andonSW60 AVE,intersection withSW 51 TR •50linearfeetofdouble yellow 6 inch solid stripeoneachend (100LF total) •60linearfeetof 12 inchsolidwhitestripeforcrosswalk •90linearfeetof6inchsolidwhitestripeforedgeline Location #4:SW 81 ST(SW62 AVE toSW60 AVE) •Includes approximately 1,600 SY tobemilledandresurfaced •A24inchwhitestopbarmarkingatthestopsignonSW 81 ST,intersecting with SW62 AVE andonSW60Avenue,intersecting withSW 81 ST •50linearfeetofdoubleyellow6inchsolid stripe onSW 81 ST,intersecting with SW62 AVE andonSW60 AVE,intersection of SW 81 ST (I00LF total) Location #5:SW60 AVE (SW76STtoSW78ST) •Includesapproximately 1,800 SY tobe milled and resurfaced •A24inchwhitestopbar marking atthestop signs onSW60 AVE intersectingwith SW 76 ST,and with SW 78 ST •50linear feet ofdoubleyellow6inchsolid stripe onSW60Ave,oneachend (lOOLFtotal) Values utilizedforthepurposeofthis RFP are approximate.Contractor isresponsible to field verify theareas,and quantities asperthe limits defined bythesketchforeach location. WHEN SUBMITTING THE BID PACKAGE,THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE FOR ALL LOCATIONS LISTED ABOVE UNDER SECTION II "SITE LOCATIONS." RESPONDENTS ARE TOPROVIDEAFEE BREAKDOWN,(SCHEDULEOF VALUES)INCLUDINGUNIT COST AND QUANTITES FOREACH TASK INCLUDED IN THE LUMP SUM PRICE;INCLUDING BUT NOT LIMITEDTO: MOBILIZATION,MAINTENACE OF TRAFFIC,OFF-DUTY POLICE, RESURFACING (TYPE S-lll ASPHALTIC CONCRETE),MILLING ASPHALT, STRIPING {THERMOPLASTIC PAINT). FAILURE TO PROVIDE THE "SCHEDULE OF VALUES"TABLE SHALL RENDER THE PROPOSAL NON-RESPONSIVE: Thomas F.Pepe 12/10/20 IS 33 Schedule of Values Item Unit Quantity Unit Price Total Price Mobilization LS 1 \^0c>.o o Milling SY 8,360 J.oo a^oV0,o«o Paving Type S III TN 460 \[<\.&o SV^.oo 6M White Thermoplastic Paint IF 90 *J*oo 'X~\£>+oO 6"Yellow Thermoplastic Paint LF 800 3.o6 *2|^foo.o^ 12"White Thermoplastic Paint IF 60 i*jo 1 \0 .0<*> 24"White Thermoplastic Paint LF 96 H>Q2 3H.O0 MOT LS 1 2,0°£>-07p Police Officers HR 160 S 45 Total $7,200 REFER TO EXHIBIT 3 "BID FORM,"THE CITY WILL AWARD THE ENTIRE PROJECT,ALL SITE LOCATIONS #1 THROUGH #5,TOA SINGLE CONTRACTOR BASED ON THE LUMP SUM AMOUNT SUBMITTED. Ill,Plans and Specifications: Plans not applicable.Please refertolocationsketchforreference,EXHIBIT I,Scope of Services,Attachment B. IV.Project Duration &Liquidated Damages: The current estimate tocomplete construction ofthe project is 60 calendar days substantial completion.Thermoplasticpaintshallbe installed 30calendardaysafter substantial completion.90 total calendar days to final completionfrom issuance of Notice to Proceed. Liquidated Damages shall bepaidbythe Contractor attherateof$1.000,00 dollars per dayf plus anymonies paid bytheOwnertotheConsultant,if any,for additional engineeringandinspectionservices,ifany,associatedwithsuchdelay. V.Warranty: The standard manufacturer'swarrantyinformationmustbeprovidedinwritingfor all equipment being proposed,including installationbyanauthorizeddealer. NOTE:A Performance and Payment Bond is required for the full amount of the project. END OF SECTION Thomas F.Pepe 12/10/2015 34 EXHIBIT I Scope of Services Attachment B Multiple Locations for Road Resurfacing Projects RFP #PW2016-08 LOCATION SKETCH FOR ROAD RESURFACING PROJECTS Thomas F.Pepe 12/10/2015 35 EXHIBIT 2 Multiple Locations forRoad Resurfacing Projects RFP#PW20l*-08 insurance &Indemnification Requirements l .01 insurance A.Without limiting its liability,the contractor,consultant or consulting firm (hereinafter referred toas "FIRM"with regard to Insurance and Indemnification requirements)shall be required to procure and maintain atitsownexpense duringthe life oftheContract,insurance ofthetypesandinthe minimum amountsstated below as will protectthe FIRM,from claims which may ariseoutoforresultfromthe contract orthe performance ofthe contract with the City of South Miami,whether such claim is against the FIRM or any sub-contractor,orby anyone direcdy or Indirecdy employed by any of them orby anyoneforwhoseactsanyofthemmaybe liable. B.No insurance requiredbythe CITY shall be issued orwrittenbya surplus lines carrier unless authorized in writing bythe CITY andsuch authorization shall beatthe CITYs soleand absolute discretion.The FIRM shallpurchaseinsurancefromandshall maintain theinsurancewithacompanyorcompanies lawfully authorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateofFlorida,as will protectthe FIRM,ata minimum,from all claims assetforthbelowwhich may ariseoutoforresult fromthe FIRM's operationsunderthe Contract andforwhichthe FIRM maybe legally liable,whether such operations bebythe FIRM or byaSubcontractororbyanyonedirectly or indirectlyemployedby anyofthem,orbyanyoneforwhoseactsanyofthem may be liable:(a)claims under workers' compensation,disability benefitandother similar employee benefitacts which are applicable totheWork tobeperformed;(b)claims for damages becauseof bodily injury,occupational sickness or disease,or deathofthe FIRM's employees;(c)claims for damages becauseof bodily injury,sickness or disease,or deathofanypersonotherthanthe FIRM'S employees;(d)claims for damages insuredby usual personal injury liability coverage;(e)claims for damages,otherthantothe Work itself,becauseof injury to or destruction of tangible property,including lossofuseresulting there from;(f)claimsfor damages because ofbodilyinjury,deathofapersonorproperty damage arisingoutofownership,maintenance or useofa motor vehicle;(g)claims for bodily injury orproperty damage arising outofcompletedoperations;and (h)claims involving contractual liability insurance applicable tothe FIRM's obligations undertheContract. 1.02 Firm's insurance Generally.The FIRM shall provideand maintain inforceandeffectuntil all the Work to beperformedunderthisContracthasbeencompletedandacceptedby CITY (orforsuchdurationasisotherwise specified hereinafter),theinsurancecoveragewrittenon Florida approvedformsandassetforth below: 1.03 Workers*Compensation Insurance atthestatutoryamountastoallemployees \n compliance withthe "Workers'Compensation Law"oftheStateof Florida including Chapter 440,Florida Statutes,as presently written orhereafteramended,and ail applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthestatutorycoverage amount The FIRM shall furtherinsurethat all ofitsSubcontractors maintain appropriate levels of Worker's Compensation Insurance, 1.04 Commercial Comprehensive General Liability insurance withbroadformendorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability ofinterest with cross liability provision,andpersonal injury andproperty 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 perperson; •Property Damage:$500,000eachoccurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall bewrittenona Florida approved formwiththesamecoverageastheprimaryinsurance policy butintheamountof$1,000,000per claim and $2,000,000 Annual Aggregate.Coveragemustbe afforded onaformnomorerestrictivethanthelatesteditionof the Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include: (a)Premises and Operation Thomas F.Pepe 12/10/2015 41 (b)IndependentContractors (c)Productsand/orCompletedOperations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (0 Broad Form ContractualCoverage applicable tothis specific Contract,including anyholdharmless and/orindemnification agreement (g)Personal Injury CoveragewithEmployeeand Contractual Exclusions removed,withminimumlimitsof coverageequaltothoserequiredfor Bodily Injury Liability andProperty Damage Liability. 1.06 Business Automobile Liability withminimum limits ofOne Million Dollars ($1,000,000.00)plusan additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limitfor Bodily Injury Liability andProperty Damage Liability.Umbrella coverage mustbe afforded onaformnomorerestrictivethan thelatesteditionofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththe state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS:The FIRM agrees thatifanypartofthe Work undertheContractissublet,the subcontract shall containthesameinsurance provision assetforthinsection 5.1 aboveand5.4belowand substitutingthewordSubcontractorfortheword FIRM and substituting theword FIRM forCITYwhere applicable. I 08 Fire andExtended Coverage Insurance (Builders'Risk).IF APPLICABLE: A.In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable totheCITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,whileinthe courseof construction,including foundations,additions,attachments and all permanent fixtures belonging to and constitutingapartof said buildings or structures.The policy or policies shall alsocover machinery,ifthecostof machinery is included inthe Contract,orifthe machinery is located ina building thatisbeing renovated byreasonofthiscontract.Theamountofinsurancemust,at all times,beatleast equal tothe replacement and actual cash value ofthe insured property.The policy shall beinthenameof theCITY and theCONTRACTOR,astheirinterestmayappear,and shall also covertheinterestsof ail Subcontractorsperforming Work. B.Allofthe provisions set forth in Section 5.4 herein below shall apply tothis coverage unless it would be clearlynot applicable. A.If any notice of cancellation of insurance or change in coverage Is issued bythe insurance company or shouldany insurance haveanexpirationdatethat will occur during theperiodofthiscontract,the FIRM shall be responsible for securing other acceptable insurance priortosuch cancellation,change,or expirationsoastoprovidecontinuouscoverageas specified inthissectionandsoasto maintain coverage during thelifeofthisContract. B.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Attheoptionofthe CITY,eitherthe FIRM shall eliminate orreducesuch deductible orthe FIRM shall procurea Bond,ina form satisfactory totheCITYcoveringthesame. C.The policies shall containwaiverof subrogation against CITYwhere applicable,shall expressly provide thatsuch policy or policies are primary overanyother collectible insurance thatCITYmay have.The CITYreservestherightatanytimetorequestacopyoftherequiredpoliciesforreview.All policies shall containa"severabilityofinterest"or "cross liability"clausewithout obligation forpremium paymentoftheCITYaswellas contractual liability provision coveringtheContractorsdutytoindemnify theCityasprovidedinthis Agreement D.Beforestarting the Work,the FIRM shalldeliverto the CITYand CONSULTANT certificatesofsuch insurance,acceptable to theCITY,aswellasthe insurance binder,ifoneisissued,the insurance policy, including the declaration pageand all applicable endorsementsandprovidethename,addressand telephonenumberofthe insurance agentorbrokerthroughwhomthe policy wasobtained.Theinsurer shall berated A.VII or better perA.M.Best'sKey Rating Guide,latesteditionandauthorizedtoissue insuranceintheStateof Florida.Allinsurance policies mustbewrittenonformsapprovedbytheState of Florida andtheymust remain in full force and effectforthe duration ofthecontractperiodwiththe CITY.The FIRM mayberequiredbythe CITY,atitssole discretion,toprovidea"certified copy"ofthe Policy (as definedinArticle I ofthisdocument)which shall include the declaration page and all required Thomas F.Pepe 12/10/20 IS 42 endorsements.In addition,the FIRM shall deliver,atthetimeof delivery ofthe Insurance certificate,the following endorsements: (1)a policy provision or an endorsement with substantially similar provisions as follows: "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 injury"and it will provide tothe City all ofthe coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage Aand coverage B"; (2)a policy provision oran endorsement with substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation for non-payment of premium), terminatedor materially modified without first giving theCityofSouth Miami ten (10)days advancedwrittennoticeoftheintentto materially modifythepolicyortocancelorterminate the policy for any reason.The notification shall be delivered tothe City by certified mail,with proofofdeliverytotheCity." E.Ifthe FIRM is providing professional services,such as would be provided by an architect,engineer, attorney,oraccountanttonamea few,thenin such event and in addition totheabove requirements, the FIRM shall also provide Professional Liability Insurance ona Florida approved formintheamountof $1,000,000 withdeductibleper claim if any,nottoexceed 5%ofthelimitof liability providing for all sumswhichthe FIRM shall become legally obligated to pay as damages for claims arising out ofthe servicesor work performedbythe FIRM its agents^representatives,SubContractorsor assigns,orby anypersonemployedorretainedbyhiminconnectionwiththis Agreement This Insurance shall be maintained forfouryearsaftercompletionoftheconstructionand acceptance ofanyProjectcoveredby thisAgreement.However,the FIRM may purchase Specific Project Professional Liability Insurance,inthe amountandundertheterms specified above,whichisalso acceptable.Noinsurance shall beissuedbya surpluslinescarrierunlessauthorizedinwritingbythecityatthecity's sole,absoluteandunfettered discretion. Indemnification Requirement A.TheContractoracceptsand voluntarily incurs all risksofany injuries,damages,orharmwhichmight ariseduringtheworkoreventthatisoccurringonthe CITY's propertyduetothe negligence orother fault ofthe Contractor oranyoneactingthroughoronbehalfoftheContractor. B.The Contractor shall indemnify,defend,saveandholdCITY,itsofficers,affiliates,employees, successorsand assigns,harmlessfromanyand all damages,claims,liability,losses,claims,demands,suits,fines, judgmentsorcostandexpenses,including reasonable attorney's fees,paralegal feesand investigative costs incidental theretoandincurredprior to,duringor following any litigation,mediation,arbitration andat all appellate levels,which maybe suffered by,or accrued against charged toorrecoverablefromtheCityofSouth Miami,its officers,affiliates,employees,successors and assigns,by reason ofany causes ofactionsor claim ofany kind or nature,including claims for Injury to,or death of any person or persons andforthelossor damage toany property arising outofa negligent error,omission,misconductor any gross negligence,intentional actor harmful conductofthe Contractor,its contractor/subcontractor oranyoftheir officers,directors,agents,representatives, employees,or assigns,or anyone acting through oron behalf of any ofthem,arising outofthis Agreement, incident toit,or resulting fromthe performance or non-performance oftheContractors obligations under this AGREEMENT. C.The Contractor shall pay all claims,losses and expenses of any kind or nature whatsoever,in connection therewith,including theexpenseor loss oftheCITY and/or its affected officers,affiliates,employees, successors and assigns,including theirattorney's fees,inthedefenseofany action in law orequitybroughtagainst themand arising fromthe negligent error,omission,oractoftheContractor,its Sub-Contractor oranyoftheir agents,representatives,employees,or assigns,and/or arising outof,orincidentto,this Agreement or incident to or resulting fromthe performance or non-performance oftheContractor's obligations underthis AGREEMENT. D.The Contractor agrees and recognizes that neither the CITY norits officers,affiliates,employees, successors and assigns shall be held liable or responsible forany claims,including thecosts and expensesof defendingsuch claims whichmayresultfromorariseoutofactionsoromissionsoftheContractor,its contractor/subcontractor or any oftheir agents,representatives,employees,or assigns,or anyone acting through oron behalf ofthe them,and arising outofor concerning theworkoreventthat Is occurring onthe CITY's property.In reviewing,approving or rejecting any submissions or acts ofthe Contractor,CITY innowayassumes Thomas F.Pepe 12/10/2015 43 or shares responsibility or liability for the acts or omissions ofthe Contractor,its contractor/subcontractor or any of their agents,representatives,employees,or assigns,or anyone acting through oron behalf of them. E.The Contractor has the duty to provide a defense with an attorney or law firm approved by the City ofSouth Miami,which approval will notbe unreasonably withheld. F.However,as to design professional contracts,and pursuant to Section 725.08 (I),Florida Statutes, none ofthe provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility ofthe design professional concerning indemnification.Thus, the design professional's obligations as tothe City and its agencies,as well as to its officers and employees,is to indemnify and hold them harmless from liabilities,damages,losses,and costs,including,butnot limited to, reasonable attorneys'fees,totheextent caused bythe negligence,recklessness,or intentionally wrongful conduct ofthe design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F.Pepe 12/10/20 IS END OF SECTION 44 EXHIBIT 3 Multiple Locations for Road Resurfacing Projects RFP#PW20l6-08 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander CityManager Cityof South Miami 6130 Sunset Drive South Miami,FL 33143 1.If this Proposal isaccepted,the undersigned Respondent agreestoenterintoaContractwiththeCityof South Miami intheformincludedinthis Solicitation Package andtoperformandfurnishallworkas specified or indicated in this Solicitation,including asset forth in Exhibit I (ScopeofServices)forthe ProposedPriceassetforthbelow,within theContractTimeandinaccordancewiththeothertermsand conditionsoftheSolicitationPackage. 2.Respondentaccepts all ofthetermsand conditions ofthe Solicitation andInstructionsto Respondents, including without limitation those dealing withthe disposition of Proposal/Bid Bond,ifrequired.This Proposal will remainsubjecttoacceptancefor 180 calendar days afterthedayofthe Proposal Opening. The Respondent by signing andsubmittingthisproposal,agreestoallofthe terms andconditionsofthe formof contract that isapartof the Solicitationpackagewith appropriate changestoconformtothe information contained inthisBidForm.Respondent agreestosignand submit the Bonds,if required by thisSolicitation,required insurance documents,and other documents required bytheSolicitation, including the Contract ifnotalreadysubmitted,within ten (10)calendardaysafterthedateoftheCity's Notice of Award. 3.InsubmittingthisProposal.Respondent represents that: a.Respondenthasexaminedcopiesofallthe Solicitation Documentsandofthe following Addenda,ifany (receipt ofallwhichisherebyacknowledged.) Addendum No,'Dated:OH /og//l>. b.Respondent hasfamiliarizedhimselfwiththe nature and extent ofthe Contract Documents,the proposed work,site,locality,andalllocalconditionsandlawsandregulationsthatinanymannermayaffectcost, progress,performance or furnishingofthe Work. c.Subsurfaceconditions:If applicable tothis Solicitation,theRespondent represents that: i.Respondenthasstudied carefully allreportsand drawings,if applicable,ofsubsurfaceconditionsand drawingsofphysicalconditions. ii.Respondenthasobtainedand carefully studied(orassumesresponsibilityforobtainingand carefully studying)ailsuchexaminations,investigations,explorations,tests andstudiesinadditionto or to supplementthosereferredtointhis paragraph which pertaintothesubsurfaceor physical conditions atthesiteorotherwisemayaffectthe cost progress,performance,or the furnishing oftheWorkat the Contract Price,within the Contract Time and in accordance with the other terms and conditions ofthe Contract Documents.TheRespondentherebyacknowledgesthatnoadditionalexaminations, investigations,explorations,tests,reports or similar informationordataare,or will,berequiredby Respondentforanyreasoninconnectionwiththe Proposal.The failure oftheRespondenttorequest a pre-bid markingoftheconstructionsitebyanyorall utility companies shall create anirrefutable presumptionthattheRespondent'sbid,orproposalprice,hastakenintoconsideration all possible underground conditions and Respondent,ifawardedthe contract shall notbeentitledtoa change order foranysuch condition discovered thereafter. iii.Respondent hascorrelatedtheresults of all such observations,examinations,investigations, explorations,tests,reports andstudieswiththe terms and conditions of the Contract Documents. Thomas F.Pepe 12/10/2015 45 iv.Respondent has reviewed andcheckedall information anddata shown or indicated in the Solicitation Package orintheContract Documents withrespectto existing Underground Facilities or conditions ator contiguous tothesiteand assumes responsibility forthe accurate location of all Underground Facilities and conditions that may affect the Work.No additional examinations,investigations, explorations,tests,reportsor similar information or data inrespectto any Underground Facilities or conditions are,or will be,requiredbyRespondentinordertoperformand furnish theWorkatthe Contract Price,within the Contract Time andin accordance with the other terms and conditions of theContract Documents unless the Proposal specifically statesthatthecontractprice is subjectto adjustment forfuturediscoveryofunderground facilities and/or conditions that affectthe cost ofthe Workand unless therespondent makes awrittenrequesttotheCityfor additional information prior tosubmittingthebid or proposalas required in subsection iiabove, d.Respondenthas given theCitywrittennoticeof all conflicts,errorsor discrepancies thatithas discoveredintheContractDocumentsand.ifany conflicts,errors or discrepancies havebeenfound andnotice given,the Respondent represents,by submitting its proposal tothe City,thatthe Respondenthasreceived sufficient noticeoftheresolution thereof fromtheCity,thatsuchresolution is acceptable to Respondent andthatthe Respondent waives any claim regarding the conflicts,errors or discrepancies. e.ThisProposalisgenuineandnotmadeintheinterestoforonbehalfofanyundisclosedperson,firmor corporation andisnotsubmittedpursuanttoanyagreement or rulesofanygroup,association, organization,or corporation;Respondenthasnotdirectly or indirectlyinduced or solicitedany other Respondent tosubmitafalse or shamProposal;Respondent hasnotsolicited or inducedany person, firm orcorporationto refrain from responding;and Respondent hasnotsoughtby collusion or otherwisetoobtainforitselfany advantage overanyotherRespondentoroverthe CITY. Respondentunderstandsandagreesthatthe Contract Priceistheamountthatitneedstofurnishand install allofthe Work completeandin place.TheScheduleof Values,ifrequired,isprovidedforthe purposeofProposal Evaluation andwhen initiated bythe CITY,it shall form thebasisfor calculating the pricing ofchangeorders.TheContractPrice shall notbeadjustedinanywaysoastoresultina deviation fromtheScheduleof Values,excepttotheextentthatthe CITY changestheScopeofthe Workafterthe Contract Date.Assuch,theRespondent shall furnishalllabor,materials,equipment tools,superintendenceandservices necessary toprovideacomplete,in place,ProjectfortheProposal Price,Ifthis Solicitation requiresthe completion ofaCostand Technical Proposal,asmaybesetforthin inanexhibittothis Solicitation,such proposal must be attached to this Bid Form andwill take the place of the Lump Sum Price,otherwise,the Contract Price for the completed work is as follows: ALLSITE LOCATIONS #1 through#S:A LUMP SUM BASE PRICE:dollars and *°/Ay cents RESPONDENTS ARE TO PROVIDE A FEE BREAKDOWN INCLUDING UNIT COST AND QUANTITES FOR EACH TASK INCLUDED IN THE LUMP SUM PRICE;INCLUDING BUT NOT LIMITEDTO:MOBILIZATION,MAINTENACE OF TRAFFIC,OFF-DUTY POLICE, RESURFACING (TYPE S-lll ASPHALTIC CONCRETE),MILLING ASPHALT,STRIPING (THERMOPLASTIC PAINT). FAILURE TO PROVIDE THE "SCHEDULE OF VALUES"TABLE.REFER TO EXHIBIT 1. "SCOPE OF SERVICES."SHALL RENDER THE PROPOSAL NON-RESPONSIVE. 5.The ENTIRE WORKshallbecompleted,in full,within 90 calendar days from the commencement date setforthintheNOTICETO PROCEED.Failuretocompletetheentireworkduringthedescribedtime periodshallresultintheassessmentof liquidated damages asmaybe set forthinthe Contract 6.Insertthe following informationforfuture communication withyouconcerningthisProposal: RESPONDENT:V\<2>Wo -ZSot^>^e^'^i _^,<-sO. Thomas F.Pepe I2/IO/20I5 46 Address:^MH^.(OUJ /O^Q-)•\(flA U-H f^53 )^?> Te,ePhone:<Ftag~<3gLs--/33o f**™1*<tt-0^-JhZ^__ Contact Person cSJekXo ^»\CCisobg\PS 7.ThetermsusedinthisProposalwhicharedefinedinthe Contract shallhavethesamemeaningasis assignedtotheminthe Contract Documents,unless specifically definedinthis Solicitation Package. 8.If a cost &technical proposal isrequiredbythe Solicitation,Respondentherebycertifiesthat all ofthe factsandresponsestothequestionsposedinthe cost &technical proposal,ifsuchanexhibitismade apartoftheSolicitation,are true and correct andareherebyadoptedaspartofthis Bid Form,andare madea part ofthis proposal,by reference. 9.Bysubmittingthisproposal,1,onbehalfofthebusinessthat I represent herebyagreetothe terms ofthe formof contract contained intheSolicitationpackageand I agreetobeboundby those terms,withany appropriateblankboxes,ifany,checkedandanyblanklines filled inwiththe appropriate information contained in the Solicitation Documents andthisProposal,or such information thattheCityand I have agreeduponinthe course of contract negotiationsandwhichhavebeenconfirmedbytheCityinwriting, including e-mailconfirmation,ifany.I herebycertifyunderpenaltyofperjurythat I amthe lawful representativeofthebusinessentityreferencedinthis Bid Form,that I haveauthoritytobidforthat entityandthatalloftheinformationand representations containedhereinaretrueand correct tothe best ofmy information and belief. SUBMITTED THIS PROPOSAL SUBMITTED BY: 2+^>DAY OF J^vlA 201b . Company __TelephoneNumber ^iJeUo A ucsobocos c^aC-8&£-(%ZA fixrne of Person Authorized to Submit Proposal Fax Number Signature Email Address x \^QcW Title Thomas F.Pepe 12/10/2015 END OF SECTION 47 EXHIBIT 4 CONSTRUCTION CONTRACT MultipleLocationsforRoadResurfacing Projects RFP#PW20l6-08 THIS CONTRACT was made and entered into on this j day of -^^.^and between^fv4e-te>^xp^s Xog..(herea^eTrefen-ed to as "Contractor"),and the City of South Miami (hereafter referred to as "Owner"),through its City Manager (hereafter referredtoas"City"). WITNESETH: That the Contraaor,for the consideration hereinafter fully set out,hereby agrees with the Owner as follows: 1.The Contractor shall furnish all labor,materials,equipment,machinery,tools,apparatus,transportation and any other items necessary to perform all ofthe work shown on and described in the Contract Documents and shall do everything required by this Contract and theother 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 solicitation documents ("hereinafter referred to as "Bid Documents")and any documents to which those documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any ofthe documents described herein. 3.The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4.The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract subject to additions and deductions as provided in the Contract Documents and any properly approved,written change,orders,in lawful money of the United States,the amount of:pp.ii dc .a™^here) AW-k,-iU^Huru^J,,F;,h-thi4„Ar*S *Dollar.($___?£__?_____.00 ),Lump Sun.("Contract Price").e.^^^bctr 5.The expenses of perform -^Work after regular working hours,and on Sunday and legal ho <ays shall be included in the Contract Hce.The City may demand,at any point in time,that any part,'-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.Howler,nothing contained herein shall authorize work on days and during hours that are otherwise prohiDitea by ordinance unless specifically authorized or instructed in writingbytheCity. 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 theother Contract Documents and until such Work has been accepted bythe City. 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 The Work shall be completed in 90 calendar 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 be paid by the Contractor at the rate of $1.000.00 dollars per day plus any monies paid by the Owner to the Consultant,if any,for additional engineering and inspection services if any,associatedwithsuch delay. 6. 7. Thomas F.Pepe 12/10/2015 48 9.It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond")is required and if,at any time after the execution of this Contract and the Bond for its faithful performance and payment,the City shall deem the Surety or Sureties upon such bond(s)to be unsatisfactory,or if,for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers,the Contractor shall,at its expense within five (5) business days after the receipt of notice from the City so to do,furnish an additional bond or bonds in such formand 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 tothe 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. II.The date that this contract was "made and entered into"and its effective date is the date that the contract is the signed by the City or,if the contract is required to be approved by resolution of the City Commission,then the Effective Date is the date ofthe 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. ^^(//f^dU^J^ Mafia Menendez City Clerk CONTRACTOR:W^krc V H-:*V"Csj>\f--~X— Signature:\...s.ZS..-^L-A!.—^u-^-^L^^ Print Signatory's Name:\)<LSj^:\.TVr.^.,,,-,,. 'is TitleofSignatory:v.'f£~V;,\\?-.>vV-~ Read and Approved as to Form,Language^N Legality,arK^^eaJlHoa^hereof:/!^~—~^ /City'Att'orrVey,/./'// Thomas F.Pepe 12/10/2015 ^ END OF SECTION 49 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS MultipleLocationsforRoadResurfacing Projects RFP#PW20l6-08 ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contraa Documents,the following terms shall have the meaning indicated.These definitions shall always apply when the section ofthe Contract specifically refers to this Article forthe purpose of interpreting a word or group of words in that section ofthe 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 itor 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 ofa Contract Document if that specific provision contains a definition of these terms: Addenda:Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents,Drawings and Specifications,by addition,deletions,clarifications or correction. Application for Payment:Aform 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 termsforthe Work tobeperformed. Bidder: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,formof documents and affidavits. Bonds:Bid bond,performance and payment bonds and other instruments of security,furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order:Awritten 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. Work Order Proposals:Written proposals from the CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by the City to the CONTRACTOR.The proposal includes line item pricing,where there are multiple locations,and the timeframe for completing the work. CTTY:The City Manager for the City of South Miami,6130 Sunset Drive,South Miami,FL 33143,unless the context wherein the word is used should more appropriately mean the City of South Miami. Construction 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 including but not limited to the solicitation for Bid,CONTRACTOR'S Bid,the Bonds Insurance endorsements,Insurance Certificates and policies,the Notice of Award,the Notice to Proceed the ' General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications Drawings,including any incorporated specifications,addenda to the drawings issued prior to execution of the Contract,Change Orders,Construction Change Directives and any written order for a minor change in the Work,and written modifications to any ofthe Contract Documents. Contract Price:The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contraa Time:The number of calendar days stated in the Contract for the completion of the Work £pjmffin^^en The individual who is authorized to sign the contract documents on behalf of the OWNER ^mcm,^ak^;J perS°n'firm °r corP°ration wjth whom the OWNER has executed the Contract.rSv,LTANT:The Person identif,ed as the CONSULTANT in the Supplementary Conditions or,if none,thenCITYsdesignatedrepresentativeasidentifiedintheSupplementaryConditions. Thomas F.Pepe 12/10/2015 50 Day:A period of twenty-four hours measured from the beginning of the day at 12:01 a.m.and it shall be presumed to be a calendar day unless specifically designated as a business day. Day_s:The number of twenty-four (24)hour periods following the event to which the word "days"refers commencing at 12:01 a.m.at the start ofthe next day.Therefore,in computing any period oftime prescribed or allowed by the Contract Documents,the day of the act,event or default from which the designated period of time begins to run shall not be included.The last day ofthe 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 nota 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 Contraa Documents,or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner);substitutions that are not properly approved and authorized,any deficiency in the Work,materials and equipment;materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings:The drawings which show the character and Scope ofthe 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 Contraa Documents. Field Order:A written order issued by the CONSULTANT which clarifies or interprets the Contraa 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)aChange Order signed by both parties,(c)a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d)awritten 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 unsatisfaaory.faulty,or deficient orthat 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 tobe fulfilled by it within the time specified.CITY will execute and deliver the Contract to him. Notice to Proceed:A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT)fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person:An individual or legal entity. Project:The entire construction operation being performed as delineated in the Contract Documents. Ppjicy:The term "policy"as used in the Contraa Documents shall mean the insurance binder,ifit is issued,the declaration page ofthe policy and the body of the policy,including all endorsements. RFP:Requestfor Proposal. Scope of Services.This phrase refers to the scope ofthe services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings:All drawings,diagrams,illustrations,brochures,schedules and other data which are prepared by the CONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,and which illustrate the equipment, material orsome portion ofthework and as required bythe Contract Documents. Samples:Physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work willbe judged. Specifications:Those portions of the Contract Documents consisting ofwritten 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 ofa part oftheWorkatthe construction site. Substantial Completion:The date,as certified by the CONSULTANT,when the construction ofthe 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;orif there be no such certification,the date when final payment is due in accordance with paragraph 14.9.However,in no event shall the project or portion thereof,be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully Thomas F.Pepe 12/10/2015 51 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 whenitwouldnothavebeenissuebutfortheconsiderationof Work thatis thereafter foundtobedefectiveto a degree greater than that which would normally tobe considered by the City tobe minor "punch list"work. Supplier:Any person or organization who supplies materials or equipment for the Work,including the fabrication ofanitem,butwhodoesnotperformlaboratthesiteoftheWork. Surety:The individual orentitywhoisanobligorona Bond andwhoisboundwiththe CONTRACTOR forthe full and faithful performance oftheContract and forthe payment of all labor,services and materials used onthe project. Work:Any and all obligations,duties and responsibilities necessary for the successful performance and completion of the Contraa. Notice:Theterm "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 tothe individual ortoa member ofthe firm orto an officer ofthe corporation for whom it is intended,orto an authorized representative of such individual,firm,or corporation,orifdeliveredatorsentbyregistered mail tothelastknownbusinessaddress.Unless otherwise stated in writing,any notice toor demand upon the OWNER under this Contract shall be delivered to the City Managerand the CONSULTANT. ARTICLE 2 -PRELBMBNARY MATTERS Award: 2.1 The CITY reserves the rightto reject anyandallBids,atitssole discretion.Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder.No Notice of Award shall be given until the CITY has concluded its investigation,asit deems necessary,to establish,tothe satisfaction ofthe CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents.The CITY reserves the right to reject the Bid of any Bidder who is not believed to be,in the sole discretion and satisfaction ofthe City,to be sufficiently responsible,qualified and financial able to perform the work.In analyzing a Bid,the CITY may also take into consideration alternate and unit prices,if requested by the Bid forms.If theContraa is awarded,the CITY shall issue theNoticeof Award and give the successful Bidder a Contraa for executionwithinninety(90)dayafteropeningof Bids. Execution of Contract: 2.2 At least four counterparts ofthe 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 ofInsurance required by the Contract Documents,the written notice of designated supervisor or superintendent asprovidedinSection 6.1 oftheGeneral Conditions andsuch other Documents as required by the Contraa Documents shall be executed and delivered by CONTRACTOR tothe CITY within ten (10)calendar days of receipt ofthe Notice of Award.AContract Document that requires the signature ofa party may be executed in counterparts separately by each ofthe parties and,in such event,each counterpart separately executed shall,without proof or accounting for the other counterpart be deemed anoriginal Contract Document. Forfeiture of Bid Security/Performance and Payment Bond,if any are required by the applicable RFP: 2.3 Within ten (10)calendar days of being notified of the Award,CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%)of the Contract Price guaranteeing to OWNER the completion and performance oftheWorkcovered in such Contract as well as full payment of all suppliers,material man,laborers,or Subcontractor employed pursuant to this Project.Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4,2.3.5,and2.3.6. 2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%)ofthe Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1).Florida Statutes,CONTRACTOR shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. Thomas F.Pepe 12/10/2015 52 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 ofTreasury 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 Notice of Award and declare the Bid and any security therefore forfeited. Contraaor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with,and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents,Work,locality,and with all local conditions and federal,state and local laws,ordinance,rules and regulations that may in any manner affect performance of the Work,and represents that it has correlated its study and observations with the requirements of the Contract Documents.CONTRACTOR also represents that it has studied all surveys and investigations,reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work refleaed in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contraa Time: 2.5 The Contract Time shall commence to run onthe date stated in the Notice to Proceed. Startingthe Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents onthe 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 ofthe CITY. BeforeStartingConstruction: 2.7 Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contraa 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 entitled to any compensation for any harm,damage or loss suffered by the CONTRACTOR due to any conflict,error, ordiscrepancyin the Contract Documents. Schedule of Completion: 2.8 Within Five (5)business days after delivery ofthe Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval,an estimated construction schedule indicating the starting and completion dates ofthe various stages ofthe Work,and a preliminary schedule of Shop Drawing submissions.The CONSULTANT shall approve this schedule or require revisions thereto within seven (7)calendar days ofits submittal.Ifthereismorethanone CONTRACTOR involved in the Project,the responsibility for coordinating theWorkof all CONTRACTORS shall be providedinthe Special Conditions. 2.9 Within five (5)business days after delivery ofthe executed Contract by CITY to CONTRACTOR,but before starting the Work atthe site,a pre-construction conference shall be held to review the above schedules,to establish procedures for handling Shop Drawings and other submissions,and for processing Applications for Payment,and to establish a working understanding between the parties as to the Project.Present at the conference will be the CITY'S representative,CONSULTANT,Resident Project Representatives,CONTRACTOR and its Superintendent. Qualifications of Subcontractors.Material men and Suppliers: Thomas F.Pepe 12/10/2015 53 2.10 Within five (5)business days after bid opening,the apparent lowest responsive and responsible Bidder shall submit tothe CITY and the CONSULTANT for acceptance alistofthe names of Subcontractors and such other persons and organizations (including those who areto furnish principal items of materials or equipment)proposed forthose portions ofthe Work asto which the identity of Subcontractors and other persons and organizations must be submitted as specified in theContract Documents.Within thirty (30)calendar days after receiving the list,the CONSULTANT will notify the CONTRACTOR in writing if either the CITY orthe CONSULTANT has reasonable objection to any Subcontractor,person, or organization on such list.The failure of the CITY or the CONSULTANT to make objection to any Subcontractor,person,or organization on the list within thirty (30)calendar days of the receipt shall constitute an acceptance of such Subcontractor,person or organization.Acceptance of any such Subcontractor,person or organization shall not constitute a waiver of any right ofthe CITY or the CONSULTANT to rejea defective Work,material or equipment,or any Work,material or equipment notinconformancewiththerequirementsoftheContractDocuments. 2.11 If.prior to the Notice of Award,the CITY or the CONSULTANT has reasonable objection to any Subcontractor,person or organization listed,the apparent low Bidder may,prior to Notice ofAward, 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,shall be regarded as meaning that only best praaices are to prevail and only materials and workmanship of the best quality are tobeusedintheperformanceoftheWork. ARTBCLE 3-CQRRELATBON.BNTERPRETATBQN AND BNTENT OFCONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents.The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR.They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary;what is called for by one is as binding as if called for by all the documents.If CONTRACTOR finds a conflict,error or discrepancy in the Contract Documents,it shall,before proceeding with the Work affected thereby,immediately call itto the CONSULTANT'S attention in writing.The various Contract Documents are complementary;in case of conflict,erroror discrepancy,the more stringent interpretation and requirement that shall provide the maximum benefit to theOwner shall apply 3.3 The words "furnish"and "furnish and install","install",and "provide"or words with similar meaning shall be interpreted,unless otherwise specifically stated,to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned,but which are essential to produce a complete and properly operating installation,or usable structure,providing the indicated functions,shall be furnished and installed without change in the Contraa Price.Such-miscellaneous items and accessories shall be of the same quality standards,including material,style,finish,strength,class, weight and other applicable characteristics,as specified for the major component of which the miscellaneous item or accessory is an essential part,and shall be approved by the CONSULTANT before installation.The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project,and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof,and for making equipment and utility installations properly perform the specified function.If 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 Manufaaurer's literature,when referenced,shall be dated and numbered and is intended to establish the minimum requirements acceptable.Whenever reference is given to codes,or standard specifications or other data published by regulating agencies or accepted organizations,including but not limited to National Electrical Code,applicable State Building Code,Florida Building Code,Federal Specifications ASTM Specifications,various institute specifications,and the like,it shall be understood that such reference is tothe latest edition including addenda in effect on the date ofthe Bid. Thomas F.Pepe 12/10/2015 54 3.8 Brand names where used in the technical specifications,are intended to denote the standard or quality required for the particular material or product.The term "equal"or "equivalent",when used in connection with brand names,shall be interpreted to mean amaterial or product that is similar and equal in type,quality,size,capacity,composition,finish,color and other applicable charaaeristies 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 abrand name,catalog number,model number,or other identification,is used without the phrase 'or equal",the CONTRACTOR shall use the brand,make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below 3.11 The CONTRACTOR shall have 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 aconflict between or among the Contract Documents,only the latest version shall apply and the latest version ofthe Contract Documents.The CONSULTANT shall use the following list of Contract Documents as aguide.These documents are set forth below in the order oftheir precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a)ChangeOrders (b)Amendments/addenda to Contract (c)Supplementary Conditions,if any (d)Contract with all Exhibits thereto (e)General Conditions (f)Writtenor figured dimensions (g)Scaled dimensions (h)Drawings ofa larger scale (i)Drawings ofa smaller scale (j)Drawings and Specifications are to be considered complementary to each other ARTICLE 4-AVABLABBLBTY OF LANDS SUBSURFACE CQHDflTBONS REFERENCE POBNTS 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 lane1*which are designed for the use of the CONTRACTOR.Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER,unless otherwise specified in the Contract Documents.Other access to such lands or-rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR.7 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 atno cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work,including but not limited to those bearing upon transportation, disposal,handling and storage ofmaterials,availability of labor,water,electric power,roads and uncertainties of weather,river stages,tides,water tables or similar physical conditions at the site,the conformation and conditions of the ground,the character of equipment and facilities needed preliminary to and during prosecution of the Work.The CONTRACTOR further acknowledges that he has satisfied himself as to the character,quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site including all exploratory work done by the OWNER/CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of 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 Thomas F.Pepe ' 12/10/2015 55 conclusionsor interpretations madebytheCONTRACTORonthebasisoftheinformationmade availableby the OWNER/CONSULTANT. DifferingSiteConditions: 4.4 The CONTRACTOR shall within forty-eight (48)hours of its discovery,and before such conditions are disturbed,notify theCITYin writing,of: 4.4.1 Subsurface orlatent physical conditions atthe site differing materially from those indicated inthe Contract Documents,and 4.4.2 Unknown physical conditions atthe site,of an unusual nature,differing materially from those ordinarily encountered and generally inherent in Workofthecharaaer provided for in this Contract.The CITY shall promptly investigate the conditions,andifit finds that such conditions domateriallydiffertothe extent astocauseanincreaseor decrease intheCONTRACTOR'Scost of,orthetimerequiredfor,performance of any partoftheWorkunderthisContract,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 ifdone in writing signed by the City Manager orthe CONSULTANT. ARTICLE S -INSURANCE Contractor shall comply with the insurance requirements set forth in the SupplementaryConditionstothe Contraa. ARTBCLE 6 -CONTRACTOR'S RESPQNSBBBLBTBES Supervision andSuperintendence: 6.1 The CONTRACTOR shall supervise and direct the Work.It shall be solely responsible for the means, methods,techniques,sequences and procedures of construction.The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor"attheWork sitewho 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 orso designated shall have full authority to aa on behalf ofthe CONTRACTOR and all communications given to the Supervisor shall be as binding as if given tothe CONTRACTOR.The Supervisor(s)shall be present at each site at all times as required to perform adequate supervision and coordination ofthe Work.(Copies ofwritten 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 construaion process.These shall be available tothe CONSULTANT and any CITY Representative at all reasonable times.A set of "As-Built"drawings,as well as the original Specifications,Drawings,Addenda,Modifications and Shop Drawings--wftrranfiotations,-'• shall be made available to the City at all times and it shall be delivered to the CITY upon completionoftheProject. Labor.Materials and Equipment: 6.2 The CONTRACTOR shall provide competent,suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents.It shall at all times maintain good disciplineand order at the site. 6.3 The CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light,heat,local telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. 6.4 All materials and equipment shall be new,except as otherwise provided in the Contract Documents.When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered to the site in their original packages orcontainerswithsealsunbrokenand labels intact. 6.5 All materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator,or processors,except as otherwise providedinthe Contract Documents. Work Materials.Equipment Products and Substitutions- Thomas F.Pepe 12/10/2015 56 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 "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever amaterial,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 ofamaterial,article,or piece of equipment ofequal substance and function for those referred to in the Contraa 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 bethe judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable groundsforan extension of construction time. 6.6.4 Should any Work or materials,equipment or products not conform to requirements ofthe Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project.All such Work shall be done at the' expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontraaor subjea to any chattel mortgage or under aconditional 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 theWork. 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 and/or reinstalled at his expense.Rejeaed goods left longer than thirty (30)calendar days shall be regarded as abandoned and the CITY shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods.Rejection for non-conformance or failure to meet delivery schedules may result in theCONTRACTOR being found in default.""' 6.6.7 In case of default by the CONTRACTOR,the City ofSouth Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned orincurredthereby. 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. ConcerningSubcontractors- 6.7 The CONTRACTOR shall not employ any Subcontractor,against whom the CITY or the CONSULTANT may have reasonable objection,nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT,unless the CONSULTANT determines thatthere is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations direaly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them.Nothing in the Contract Documents shall create any contractual relationship between 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 pay or to see to payment of any subcontractor or other person or Thomas F.Pepe 12/10/2015 57 organization,except as may otherwise be required by law.CITY or CONSULTANT may furnish to any Subcontractor or other person or organization,tothe extent practicable,evidence of amounts paid to theCONTRACTORonaccountof specified Work done in accordance withthe schedule values. 6.9 The divisions and sections ofthe Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by anyspecific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor tothe applicable terms and conditions of the Contract Documents forthe benefit of the OWNER. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination ofthe trades,Subcontractors material and menengaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions tobe inserted in all subcontracts relative totheWorkto bind Subcontractors tothe CONTRACTOR bythe terms of these General Conditions and other Contract Documents insofar as applicable totheWorkof Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise overthe CONTRACTOR under any provisions ofthe Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR andtheirSubcontractorsorbetweenSubcontractors. 6.12.3 If in the opinion ofthe CONSULTANT,any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,they shall be promptly replaced by the CONTRACTOR if and when directed bythe CONSULTANT in writing. 6.I2A Discrimination:No action shall be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract,including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race,color,creed,religion,national origin,sex, age,sexual orientation,familial status or disability.This paragraph shall be made a part of the subcontractor's contract with the Contractor. 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 ofthe Work,and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent and/or royalty rights as to any materials,appliances,articles or systems prior to bidding.However,he shall not be responsible for such determination on systems which do not involve purchase by them of materials,appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution ofthe Work,which are applicable at the time of his Bid.When such charges are normally made by the CITY and when so stated in the Special Conditions,there will be no charges to the CONTRACTOR.The CITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses.The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it.This service shall be installed by aqualified electrical Contractor approved by the CONSULTANT.Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship,for inspection or for safety.No temporary power shall be used offtemporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations- Thomas F.Pepe 12/10/2015 58 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 tothe 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. Discrimination: 6.I7A No action shall be taken by the Contractor with regard to the fulfilment ofthe terms of the Contract, including the hiring and retention of employees for the performance ofWork that would discriminate against any person on the basis of race,color,creed,religion,national origin,sex,age,sexual orientation, familial statusor 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. Safetyand 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,struaures and utilities not designated for removal,relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention ofaccidents.This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing bytheCONTRACTORtothe 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 theWorkor deviations from the Contract Documents caused thereby.If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension ofthe Contract Time,he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements,theCONTRACTOR shall submittothe CONSULTANT for review,in accordance with the accepted schedule of shop drawing submissions,six (6)copies (or at the CONSULTANT option,one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR.The Shop Drawings shall be numbered and identified as the CONSULTANT may require.The data shown on the Shop Drawings shall be complete with respect to dimensions,design criteria,materials of construaion and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay inWork,all samples required bytheContract Documents. All samples shall have been checked by and stamped with the approval ofthe CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission,the CONTRACTOR shall notify the CONSULTANT,in writing,ofany deviations between the Shop Drawings or samples and the requirements ofthe Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples,but his review shall be only for conformance with the design concept ofthe Project and for compliance with the information given in the Contract Documents.The review ofa separate item as such will not indicate Thomas F.Pepe 12/10/2015 59 review ofthe assembly in which the items functions.The CONTRACTOR shall make any corrections required bythe CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory tothe 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 tothe CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities,dimension, field construction criteria,materials,catalog numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 NoWork requiring a submittal ofa 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 bekept in good order,in a book or binder,in chronological order or in such other order required bythe CONSULTANT in writing,bythe CONTRACTOR atthesite 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 ofthe Contract Documents unless the CONTRACTOR has informed the CONSULTANT,in writing,to each deviation atthe time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review bythe CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in theShop Drawings or samples. 6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due toerrorsintheShop Drawings or samples. CleaningUp: 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 clean his portion of Work involved in any building under this Contract,so that no further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property,both public and private,which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site,the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge thecosttothe CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to public travel.The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions."Street Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required to be closed,the CONTRACTOR shall notify law enforcement agencies and in particular,the City of South Miami Police Department,before the street is closed and again as soon as it is opened.Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. SanitaryProvisions: 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 ofthe Public Authorities having jurisdiction.They shall commit no public nuisance.Temporary field office and sanitary facilities shall be removed upon completion ofthe 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). Thomas F.Pepe 12/10/2015 60 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 aaions of every name and description that may be brought against OWNER or CONSULTANT,excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER orCONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT,its agents or employees arising out of (a)the preparation or approval of maps,drawings opinions,reports,surveys,Change Orders,designs or specifications or (b)the giving of or the failure to ' give directions or instructions by the CONSULTANT,its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All ofthe forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are apart.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 ofthe 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 construaion 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 rights-of- ways ofstreets,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 authorities involved in the above requirements. 6.36.2 The CONSULTAN •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. Cooperation with Governmental Departments,Public Utilities,Err • 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations (hereinafter referred to as "third parties")owning or controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,and telegraph facilities such as pavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,including incidental structures connected therewith,that are encountered in the Work in order that such items are properly shored,supported and protected,that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item.The CONTRACTOR shall give all proper notices,shall comply with all requirements of such third parties in the performance of his Work,shall permit entrance of such third parties on the Project in order that they may perform their necessary work,and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments,public utilities,and others in repairing or moving poles,conduits,etc.The CONTRACTOR shall cooperate with the above parties in every way possible,so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and regulations which in any manner affect those engaged or employed in the Work,or materials and equipment use in or upon the Work,or in any way affect the conduct ofthe Work,and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Thomas F.Pepe 12/10/2015 61 Use Premises: 6.38 CONTRACTOR shall confine its apparatus,storage of materials,and operations of its workmen tothe limits indicated by law,ordinances,permitsanddirectionsof CONSULTANT and CITY,and shall not unnecessarily encumber anypartofthesiteoranyareasoffsite. 6.38.1 CONTRACTOR shall not overload or permit any partof any structuretobe loaded with such weight as will endanger its safety,nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and 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 thatofthe material delivery trucks and other vehiclesthatcometotheProjectsite. 6.38.4 The City will designate specific areas on the site for storage,parking,etc.and the job site shall be fenced toprotectthejobsiteandthe general public. 6.38.5 The CONTRACTOR shall furnish,install and maintain adequate construction office facilities for all workers employed by itor by its Subcontractors.Temporary offices shall be provided and located wheredirectedand approved bythe CONSULTANT.All such facilities shall be furnished in strict accordance with existing governing regulations.Field offices shall include telephone facilities. Protectionof 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 ofthe Project.Any such improvements damaged during construction ofthe Project shall be restored at the expense of the CONTRACTOR toa 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 tothe Project or may let other direct contracts therefor which shall contain General Conditions similar tothese.The CONTRACTOR shall afford theother contractors who are parties to such direct contracts (orthe OWNER,if it is performing the additional Work itself),reasonable opportunity for the introduction and storage of materials and equipment and the executionofWork,and shall properlyconnectandcoordinateitsWorkwiththeirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the OWNER,the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies insuchWorkthatrenderit unsuitable forthe 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 cutor alter their Work with the written consent ofthe CONSULTANT and of the other contractor whose work willbe affected. 7.4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract Documents prior to the execution of the Contract,written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work.If the CONTRACTOR believes that the performance of such additional Work by the OWNER or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time,he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable,the CONTRACTOR shall build around the work of other separate contractors or shall leave chases,slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them.Where such chases,slots,etc., are impracticable,theWork shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases,slots,and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval ofthe 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 beatthe expense of CONTRACTOR Thomas F.Pepe 12/10/2015 62 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work Each contractor shall coordinate their operation with those of the other Contractors for the best interest of theWork in orderto prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors.Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR'S operations,the CONTRACTOR shall notify the CONSULTANT immediately and in writing.Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfaaory forproper 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. ARTflCLE 8-CITY'S RESPONSIftll HTB1FS 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT 8.2 In cases of termination of employment of the CONSULTANT,the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that ofthe former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work,notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired;but such taking possession and use shall not be deemed an acceptance of any Worknot completed in accordance with the Contract Documents. ARTBCLE 9 -CONSULTANTS'STATUS DURflNG CONSTRUCTBQN. City's Representative 9.1 The CONSULTANT shall be the CITY'S representative during the construction period.The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction areset forth in Articles I through 16 ofthese General Conditions and shall not be extended withoutwrittenconsentofthe CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision,in matters relating to aesthetics,shall be final,if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract,all claims,counterclaims,disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof,shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality ofthe executed Work and to determine if the Work is proceeding in accordance with the Contract Documents.His efforts shall be directed toward providing assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws,rules and regulations.On the basis of these on site- observations as an experienced and qualified design professional,he shall keep the CITY informed of the progress ofthe 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 ofthe 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 11 and 12. Measurement of Quantities: Thomas F.Pepe 12/10/2015 63 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures.All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work- 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work"as defined in Article I.It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site,installed or completed as provided.In the event that the CONSULTANT requires testing of completed Work,the cost of such inspections and/or testing shall be approved in writing by the CITY.All consequential cost of such inspections and testing,including but not limited to the cost of testing and inspection,the cost of repairing any of the Work,or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair ' work can be completed,shall paid by the CONTRACTOR if theWork is found tobe Defective Work. Shop Drawings.Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In conneaion with the CONSULTANT'S responsibility for Change Orders see Articles 10,11,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,orthe 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 Workunderorthroughthem. ARTflCLE 10 -CHANGES BN THE WORK. 10.1 Without invalidating the Contract,the CITY may,at any time or from time to time,order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders.Upon receipt of a Change Order,che CONTRACTOR shall proceed with the Work involved.All such Work shall be performed under the applicable conditions of the Contract Documents.If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time,an equitable adjustment will be made as provided in Article 11 or Article 12.Awritten Change Order signed by the CITY and the CONTRACTOR indicates their agreement to the terms of the Change Order.All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances.The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as refleaed in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation.These may be accomplished by a written Field Order.If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT'S Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time,it must submit a written notice of intent to demand a Change Order within twenty-four (24)hours of the issuance of the I ISm™^™^a WPJtten pr°pOSal f°r Change °rder withln four Wdays thereafter,otherwise 'the CONTRACTOR shall be deemed to have waived such claim 10.3 Additional Work performed by the CONTRACTOR without authorization of awritten Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time,except in «n a tu °™a?,emerSencv as Prided in paragraph 6.22 and except as provided in paragraph 10.2. J va/.W,,,lexecute aPP™priate Change Orders prepared by the CONSULTANT covering changes in Thomas FPe e **?eri0rme6 ™Provided jn Paragraph 4.4,and Work performed in an emergency as 12/10/2015 64 provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time orthe Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly.The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work.The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged tothe CONTRACTOR. ARTflCLE 11 -CHANGE OF CONTRACT PRBCE 11.1 The Contraa 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 beatits 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 butnot limited to changes toor 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 ofthe Work. 11.3 Except as provided in this section,or sections referred to in this section,no order,statement,or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order,oras otherwise provided in another section ofthe Contract Documents. 11.4 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 ofthe 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. I1.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT,it shall,within ten (10)calendar days after receipt of a written Change Order,submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent ofsuch claim for equitable adjustment,time extension requested and supporting data.In determining the cost ofthe Change Order,the costs shall be limited to those listed in section 11.7 and II .8. 11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this.Contract. 11.7 The value ofany Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: I 1.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit notto exceed 15%.If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable costs,the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order.Except as otherwise may.be agreed to in writing by CITY,such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: 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 ofjob classifications agreed upon by CITY and CONTRACTOR.Payroll costs for employees not employed full time onthe Work shall be apportioned onthe basis oftheirtimespentontheWork.Payroll costs shall be limited to: salaries and wages,plus the costs offringe benefits which shall include social security contributions,unemployment,excise and payroll taxes,workers'compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto.Such employees shall include superintendents and foremen at the site.The expenses of performing Work after regular working hours,on Sunday or legal holidays shall be included in the above only if authorized by Thomas F.Pepe 12/10/2015 65 CITYandprovideditwasnotinanyway,whether inwholeorinparttheresultofthefaultofthe CONTRACTOR dueto negligence ofthe CONTRACTOR orthose acting byorthroughhimor dueinwholeorinparttoDefective Work ofthe CONTRACTOR. I 1.8.2 Costof all materials and equipment furnished and incorporated in theWork,including costsof transportation andstorage,andmanufacturers'field servicesrequiredin connection therewith.The CONTRACTOR shall notifytheCITYof all cashdiscountsthatareavailableand offertheCITYtheopportunitytodeposit funds withthe CONTRACTOR forthepaymentfor items that offer a discount.Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notifytheCITYofthe discounts oriftheOWNERdeposits funds with CONTRACTOR withwhichtomakepaymentsinwhichcasesthecashdiscounts shall accrue to the OWNER.All trade discounts,rebates and refunds,andall returns from sale of surplusmaterialsand equipment shall accrueto OWNER,and CONTRACTOR shall make provisionsso that they maybe obtained. I 1.8.3 Payments made by CONTRACTOR tothe Subcontractors for Work performed by Subcontractors.If required by CITY,CONTRACTOR shall obtain competitive bids from Subcontraaors acceptabletohimand shall deliversuchbidstoCITYwho will thendetermine, withthe advice oftheCONSULTANT,which Bids will be accepted.No subcontract shall bea cost plus contraa unless approved in writing bythe CITY.If a Subcontract provides thatthe Subcontractor istobe paid onthe basis ofCostofWork plus a fee,thecostofthe Work shall be determined in accordance this section 11.8 andinsuchcasethe word "Subcontractor"shallbe substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery,except hand tools,and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading,installation,dismantling and removal thereof-all in accordance withtermsof said rental agreements.The rental of any such equipment,machinery or parts shall cease whenthe use thereof isnolongernecessaryforthe Work. I 1.8.5 Sales,use or similar taxes related to the Work,and for which CONTRACTOR is liable,imposed byanygovernmental authority. I 1.8.6 Payments and fees for permits and licenses.Costs for permits and licenses must be shown as a separate item. 11.8.7 Thecostof utilities,fuel and sanitary facilities atthe site. 11.8.8 Minor expenses such as telegrams,long distance telephone calls,telephone service atthe site, expressage andsimilar petty cashitemsin connection with the Work. 11.8.9 Cost of premiums for additional Bonds and inn ranee required solely because of changes in the Work,nottoexceedtwopercent (2%)ofthe increase in theCostoftheWork. I 1.9 The term Cost oftheWork shall NOT include any of the following: 1,:9/J..Payroll costs and other compensation of CONTRACTOR'S officers,executives,principals (of partnership and sole proprietorships),general managers,engineers,architects,estimators,lawyers, agents,expediters,timekeepers,clerks and other personnel employed by CONTRACTOR whether atthe site or in its principal ora branch office for general administration oftheWork 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 atthe 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 ornot 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 for whose acts any ofthem 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. I1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10.1 A mutually acceptable firm fixed price;or if none can be agreed upon. I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). Thomas F.Pepe 12/10/2015 66 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 ofthe actual net decrease in costs calculated in the same manner as provided in 11.8.When both additions and credits are involved in any one 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 -TBME FOR COMPLETION.L1QU8DATED DAMAGES AND CHANGE OF THE CONTRACT TBME."~~~~ 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 ofthe 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 thecost and effect ofthe failure of CONTRACTOR to complete the Contract on time.The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order.Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5)business days of the occurrence of the event giving ise to the claim and stating the general nature ofthe claim including supporting data.All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT,with final approval by the CITY'S representative.Any change in the Contraa 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 ofthe essence ofthe Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14)calendar days after demand has been made in writing to the CONSULTANT for such Drawings.Furthermore,there shall be no monetary compensation for such delay and the CONTRACTOR'S sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects ofinclement 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 weatheris documented to have had a substantial affected onthe construction schedule. 12.8 No Damages for Delay:The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months,whether individually or cumulatively,and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay.Other than as set forth above,the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay.Other than asset forth above,CONTRACTOR shall notbe entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct,indirect,consequential, impact orother costs,expenses or damages,including butnot 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,foreseeableor unforeseeable,or avoidable or unavoidable. Thomas F.Pepe 12/10/2015 67 12.9 TheCONTRACTOR waives all claims thatarenotpresentedtotheCityinwritingonorbeforethe 21 st dayfollowing the dateofthe event uponwhichtheclaimisbased. 12.10 DisputeResolution:If anydisputeconcerningaquestionoffactarisesundertheContract,other than terminationfordefaultorconvenience,theCONTRACTORandthecity department responsibleforthe administrationofthe Contract shallmakeagoodfaithefforttoresolvethedispute.Ifthedisputecannot be resolved by agreement thenthedepartmentwiththe advice oftheCityAttorneyandthe CONSULTANT shall ruleonthedisputed issue andsendawrittencopyofits decision tothe CONTRACTOR.CONTRACTOR shall comply with such decision and shall not delay theproject. ARTflCLE 13 -GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through eitherthe manufacturer orthe CONTRACTOR directly,all materials and equipment furnished and Work performed for patent Defective Workfora period ofone(I)year from thedateof Final Acceptance as indicated in the CONSULTANT Letterof Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,orthe Certificate of Completion,if issued by the City,whichever is applicable andifmorethan oneis applicable,theonethatis issued last,forpatent Defective Work,.Thesame guarantee and unconditional warranty shall be extended forthree (3)years from thedateof Final Acceptance as indicated in the CONSULTANT Letterof Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,orthe Certificate of Completion,if issued by the City,whichever is applicable and if more than oneis applicable,theonethat is issued last,for latent Defective Work.The CITY will give noticeofobserveddefectswithreasonablepromptness.In theeventthattheCONTRACTORshould fail tocommenceto correct such Defective Work within ten (10)calendar days after having receivedwritten notice ofthe defect,or should the CONTRACTOR commence the corrective work,but fail to prosecute thecorrectivework continuously and diligently and in accordance with the Contraa Documents, applicable law,rulesand regulations,the CITY may declare aneventof default,terminatetheContractin whole or in part and cause the Defective Work to be removed or corrected and to complete the Work atthe 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 inSection 13.1,shalltakeprecedenceoverSection 13.1. 13.?CONTRACTOR shall act as agent,on a limited basis for the OWNER,at the CITY's option,solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and forthe 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,notto meet the specification requirements.Upon written notification of rejection,items shall be removed within five (5)business days by the CONTRACTOR at his own expense and redelivered at his expense.Rejected goods left longer than thirty (30)calendar days shall be regarded as abandoned and the City shall have the right to dispose ofthem as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind.Rejection for Non-Conforming Work or failure to meet delivery schedules may result in theContract being found in default. ART8CLE 14 -PAYMENTS AND COMPLETBON. Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance ofa 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 ofthe Work.At least ten (10)calendar days before each progress payment falls due (but not more often than once a month),the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require.All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons,firms and corporations who have furnished labor,services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights,if any,of those persons.If payment is requested on the basis of Thomas F.Pepe 12/10/2015 68 materials and equipment not incorporated in the Work but delivered and suitably stored at or near site the partial payment estimate shall also be accompanied by such supporting data,satisfactory to the CITY which establishes the 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 roMcf™,lny ^°red matefJa,S Paid f°r Whkh are elther dama*ed or sto,en befor*installation.TheCONSULTANTwillwithinten(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 aprogress payment on the basis of the approved partial payment estimate.The OWNER shall retain ten (10%)percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents Any interest earned on the retainage shall accrue to the benefit of the OWNER. 14.2 The CONTRACTOR,before it shall receive final payment,shall deliver to the CITY aContractor'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,direaly or indirectly,which was incorporated into the Work.If any person refuses to provide such arelease or provides aconditional release,the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment whether the Work,material or equipment is incorporated in the Project or not,shall have passed to the OWNER prior to the making of the Application for Payment,free and clear ofall 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 Paymenr 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a representation by him tothe CITY,based on the CONSULTANT'S on site observations oftheWork in progress as an experienced professional and on his review ofthe 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 ofthe Work is in accordance with the Contract Documents (subject to an evaluation of the Work as afunctioning Project upon substantial completion as defined in Article I,to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval);and that the CONTRACTOR is entitled to payment of the amount approved.However,by approving,any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity ofthe 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 ofthe 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 construaion 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 aSubcontractor or Supplier,the same amount of money shall be withheld from the CONTRACTOR'S payment until the issue is resolved by Thomas F.Pepe 12/10/2015 69 written agreement between them and thena joint check shall be made payable tothe 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 orthe person,in which case the money shall be paid according with said judgment.Nothing contained herein shall indicate an intenttobenefit any third persons whoarenot signatories tothe 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 tothe OWNER as required this Section 14.It may also refuse to approve any payment,orit 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 inits opinion to protect the OWNER fromlossbecause: 14.6.1 of Defective Work,or completed Work has been damaged requiring correction or replacement, 14.6.2 theWork 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 orreceiptthereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Workor completed theWork in accordance with Article 13. 14.6.6 of unsatisfactory prosecution ofthe Work,including failure to clean up as required by paragraphs 6.29 and6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carryoutthe Work in accordance withtheContractDocuments, 14.6.8 of liquidated damages payable bythe CONTRACTOR,or 14.6.9 of any other violation of,or failure to comply with provisions ofthe Contract Documents. 14.7 Prior to Final Acceptance the OWNER,with the approval ofthe CONSULTANT,may use any completed or substantially completed portions oftheWork provided such use does not interfere with the CONTRACTOR'S completion of the Work.Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents.This provision shall not be construed as relieving the CONTRACTOR ofthe sole responsibility for the care and protection ofthe Work,or the restoration ofany damaged Work except such as may be caused by agents or employees ofthe OWNER. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions ofthe 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 CONTFACTOR 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 ofAmerica ePayables Solution is an automated card payment process that shiks-- accounts payable disbursements to corporate purchasing cards.ePayables,streamline the process of making payments to your organization going forward,the City will provide the CONTRACTOR with a credit card account number to keep on file.This card has unique security features,with $0 ofavailable 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 Paymentas Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as arelease to the OWNER and awaiver 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: Thomas F.Pepe 12/10/2015 70 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 filed or received,or there is reasonable evidence indicating the probable filing or receipt thereof that,if valid and paid,would reduce the amount owing to the CONTRACTOR BY 20%in the case of Substantial Completion and 5%in the case of Final Completion. 14.12.4 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% inthecaseof Final Completion. 14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification")by the CONSULTANT,the CONTRACTOR shall repay to the City ofSouth 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. ARTBCLE 15 -SUSPENSflON OF WORK AND TERMBNATBQN. 15.1 The CITY may,at any time and without cause,suspend the Work or any portion thereof for a period of not more than ninety (90)calendar days by notice in writing tothe CONTRACTOR and the CONSULTANT,which shall fix the date on which Work shall be resumed.The CONTRACTOR shall be allowed an increase in the Contract Price or an extension ofthe Contract Time,or both,directly attributable to any suspension and ifa claim is timely made and ifit is allowed under the terms of Articles 11 or Article 12. CityMay Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent,or if he makes ageneral assignment for the benefit ofits creditors,or if atrustee or receiver is appointed for the CONTRACTOR or for any its property,or if he files a petition to take advantage ofany debtor's act,or to reorganize under bankruptcy or similar laws,orifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment,or ifhe repeatedly fails to make prompt payments to Subcontractors or for labor,materials or equipment or he disregards laws,ordinances,rules,regulations or orders of any public body having jurisdiaion,cr if he disregards the authority ofthe CONSULTANT,or if he otherwise violates any provision of,die Contract Documents,then the CITY may,without prejudice to *ny other right or remedy and aftergiving the CONTRACTOR and the Surety seven (7)calendar days written notice, terminate the services ofthe CONTRACTOR and take possession ofthe Project and of all materials, equipment,tools,constructionequipment-and machinery thereon owned bythe CONTRACTOR,and •• finish theWorkby whatever method it may deem expedient.In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished.If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project,including compensation for additional professional services,such excess shall be paid tothe 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 ofthe 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 ifthe 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 ofthe OWNER against the CONTRACTOR then existing or which may thereafter accrue.Any retention or payment of moneys bytheOWNER due the CONTRACTOR shall not release theCONTRACTORfrom liability. 15.4 Upon seven (7)calendar days written notice to the CONTRACTOR and the CONSULTANT,the CITY may,without cause and without prejudice to any other right or remedy,elect to terminate the Contract for the convenience of the OWNER.In such case,the CONTRACTOR shall be paid for all Work Thomas F.Pepe 12/10/2015 71 executedandacceptedbythe CITY asofthedateofthetermination,minusanydeductionfordamageor Defective Work.Nopayment shall bemadeforprofitforWork which hasnotbeenperformed. I5.4A The CITY reserves therightintheeventthe CONTRACTOR cannotprovidean item(s)or service(s)in a timelymannerasrequested,toobtainthegoodand/orservicesfrom other sourcesanddeductingthe costfromthe Contract Pricewithout violating theintentofthe Contract. RemovalofEquipment 15.5 Inthecaseof termination ofthisContractbefore completion for any cause whatever,the CONTRACTOR,if notified todosobythe CITY,shall promptly remove anypartor all ofits equipment andsuppliesfromthe property oftheOWNER.Should the CONTRACTOR notremovesuch equipmentandsupplies,the CITY shallhavetherighttoremovethemat the expenseofthe CONTRACTOR andthe CONTRACTOR agrees thatthe OWNER shall notbe liable for loss or damage tosuchequipmentor supplies.Equipmentand supplies shall notbe construed to include suchitemsfor whichtheCONTRACTORhasbeenpaidinwholeorinpart. Contraaor May Stop Work or Terminate 15.6 If,through no aa or fault ofthe CONTRACTOR,theWorkis suspended fora period ofmorethan ninety(90)calendar days bythe CITY orbyorderofother public authority,orunderanorderofcourt orthe CONSULTANT fails toacton any Application for Payment within thirty (30)calendar days afterit is submitted,orthe OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30)calendar days ofits approval,and presentation,thenthe CONTRACTOR may,upon twenty(20)calendardays written noticetothe CITY andtheCONSULTANT,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 notbe considered terminated.In lieu of terminating the Contract,ifthe CONSULTANT has failed to aa on an Application for Payment orthe OWNER has failed to make any payment asafore said,the CONTRACTOR may upon ten (10)calendar days'notice tothe CITY andthe CONSULTANT stoptheWork until it has been paid all amounts then due. Indemnification ofIndependentConsultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent contractor ofthe OWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents oronthe performance ofthe CONTRACTOR orthe OWNER pursuant tothe termsofthe Contract Documents.Therefore,the OWNER,atthe CONSULTANT'S request,agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless asto any decision in this regard beforethe CCNSULTANT 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 ofthe CONSULTANT. ARTBCLE fl 6 -MISCELLANEOUS 16.1 Whenever any provision ofthe Contract Documents requires the giving of written notice it shall be deemedto have been validly given if delivered in person tothe individual ortoa member ofthe firm or to an officer of the corporation for whom it is intended,or if delivered atorsent by registered or certified mail,postageprepaid,tothelastknown business address. 16.2 TheContract Documents shall remain the property ofthe OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions,Special Conditions and Supplementary Conditions,if any,and the rights and remedies available hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available tothe OWNER and CONSULTANT thereunder,shall be in addition to,and shall not be construed in any way as a limitation of,any rights and remedies available by law,by special guarantee orbyother provisions oftheContract Documents. 16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of any error,omission,oractoftheotherorof any oftheir employees or agents orothersfor whose acts they are legally liable,claim shall be made in writing to the other party within twenty-one (21)calendar days ofthe first observance of such injury or damage. Thomas F.Pepe 12/10/2015 72 ARTflCLE 17 -WABVER OF fURY TRBAL. 17.1 OWNER and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waive any right either may have to atrial by jury in State or Federal Court proceedings in respect to any action,proceeding, lawsuit or counterclaim arising out ofthe Contract Documents or the performance ofthe Work thereunder. ARTBCLE 18 -ATTORNEYS FEES fURBSDBCTBON /VENUE/GOVERNBNG LAW 18J The Contract shall be construed in accordance with and governed by the law of the State of Florida. 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 ofany action to enforce the Contract shall be in Miami-Dade County,Florida. Except as may be otherwise provided in the Contraa Documents,all claims,counterclaims,disputes and other matters in question between the OWNER and the CONTRACTOR arising out ofor relating to this Contract or the breach thereof,shall be decided in a court of competent jurisdiction within the State of Florida. ARTBCLE 19 -PROJECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense,the books and records and accounts of CONTRACTOR which relate in any way to the Project,and to any claim for additional compensation made by CONTRACTOR,and to conduct an audit ofthe financial and accounting records of CONTRACTOR which relate tothe 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 ofthree (3)years following final completion ofthe Project.During the Project and the three (3)year period following final completion ofthe Project CONTRACTOR shall provide CITY access to its books and records upon five (5)business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701)while providing services on behalf ofthe OWNER and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Projea.CONTRACTOR and its subcontractors are specifically required to:(a)Keep and maintain public records that ordinarily and necessarily would he 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 ata cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exemp :.fi-om public records disclosure requirements are not disclosed except as authorized by law;and (d)Me v.:all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems ofthe public agency. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request,the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this 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. ARTBCLE 20 -SEVERABHL8TY. 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable,the remainder ofthe Contract,and the application of such provisions to personsorsituations other than those astowhichit shall havebeenheld invalid orunenforceable shall notbe affected thereby,and shall continuein full force and effect,and beenforcedtothe fullest extent permitted bylaw. ARTBCLE 2B -BNDEPENDENT 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 Thomas F.Pepe 12/10/2015 73 18.2 18.3 responsibilities,socialsecurityandhealthinsurance,employeebenefits,purchasingpoliciesand other similar administrative procedures,applicable toservicesrenderedunderthe Contract shall be those of the CONTRACTOR. ARTBCLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall nottransferor assign any ofits rights or duties,obligations and responsibilities arisingundertheterms,conditionsandprovisionsofthis Contract without priorwrittenconsentofthe City Manager.The CITY will not unreasonably withhold and/ordelayitsconsenttothe assignment ofthe CONTRACTOR'S rights.The CITY may,initssoleandabsolutediscretion,refusetoallowthe CONTRACTOR to assign its duties,obligations and responsibilities.In any event,the CITY shall not consenttosuchassignmentunlessCONTRACTORremainsjointlyand severally liable foranybreachof theAgreementbythe assignee,the assignee meets all ofthe CITY's requirementstothe CITY's sole satisfaction andthe assignee executes all oftheContract Documents thatwererequiredtobeexecuted by the CONTRACTOR BN WBTNESS WHEREOF,thepartieshereto have executed the^General Conditions to acknowledge their inclusion as part of the Contract Documents on this T^day of -J4^^mJc^20/&?, ATTESTED":' / Signature: CONTRACTOR:V\eit.-^evtgy-eiS Xac LaJ-^A-I ^...^.-^Signature: Print Signatory's Name:\){\t TitleofSignatory: OWNER:CBTY I >J-$c?K.:../e^ X 'ftU<* Maria Menendez City Clerk Read and ApprovecUfs toFVm,LanguageTx Legality>and;£x^cljtpji Thereof://) Signature:V Yy?f\,^\ Signature: Thomas F.Pepe 12/10/2015 City Attorney"If! ^ END OF SECTION 74 ven Alexander CityManager A. C. D. E. F. EXHIBIT 6 Supplementary MuBtipIe Locations for Road Resurfacing Projects RFP#PW20l6-08 Consultant:In accordance with ARTICLE I ofthe 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:N/A Termination or Substitution of Consultant:Nothing herein shall prevent the CITY from terminating the services ofthe CONSULTANT or from substituting another "person"toact as the CONSULTANT. Plans for Construction:The successful CONTRACTOR will be furnished 13L sets of Contract ~Documents without charge.Any additional copies required will be furnished to the CONTRACTOR ata cost to the CONTRACTOR equal to the reproduction cost. The Scope of Services,also referred to as the Work in the contract documents,is as set forth in the RFP and in the attached EXHIBBT I tothe RFP and if there is a conflict the attached Exhibit shall take precedence. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBBT 2tothe RFP and if there is a conflict the attached Exhibit shall takeprecedence. The Work shall be completed in 90 calendar 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 totheContractthat may betothe contrary. BN WITNESS WHEREOF,the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ^day of \pA^UL 20 /b? CONTRACTOR:K<Ar^gv/^,^TV ..-v /"/Signature:\yg^6-1 Print Signatory's Name:\jeAi a IV *rc^^^^j; Title ofSignatory:**-~- Maria MenencTef^^^ City Clerk OWNER:C ignature SjeveffAlexan d er CityManager Read and Approved asto Form,Lahguige,j Legality^ntt^lc^utrdfrTriereof:/ Signature:/'/jTWf y '^\'jfl /'j Jf Thomas F.Pepe 12/10/2015 c/City Attorney 1:F i t END OF SECTION 75 Bond No.0198940 SIT 7 FORM OF PERFORMANCE BOND Multiple Locations for Road Resurfacing Projects RFP#PW20l6-08 (Required asa Condition of Award and Prior to the Contractor Receiving a Notice to Proceed.Not Required with Submittal) KNOW ALL MEN BY THESE PRESENTS: That,pursuant to the requirements of Florida Statute 255.05,we,,.._r .,\.,,.9442 NW 109th St.#100 ,,,.Metro Express,Inc.,whose business address is MoHioyi n w7»andwhosetelephone numberis 3nfv.ftftfi-1330.as Principal (hereinafter referred toas "Contractor"),and Berkley Insurance Company ,whose business address is 0^°^^^ whosetelephonenumberis 973.775.5256 as Surety,areboundtotheCityofSouth Miami whose business address is 6130 Sunset Dr.d whose telephone number is 3nfi-fifi3-fi33ft ,[[and Miami- _.,_.—Suulli Miami,FL33143T —,,n,inn ,—-—LLDadeCountywhosebusinessaddressismNWFirstSt#71 n Miami Fl 33l?and whose telephone number is 305-375-5071]]asObligee,(hereinafterreferredtoas "City")intheamountof JeSS Fum 15 W15 E'9ht HUndredDollars ($93.844.00 )for the payment whereof Contractor and Sirety binatnemselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contractor has entered intoa Contract,forthe Multiple Locations for Road Resurfa^g Projects,awarded onthe day of ,20,under Contract Numberpw20i6-08 by theCityforthe construction of Multiple Locations for Road Resurfacing Projecftsrief description oftheWork)inaccordancewith drawings (plans)and specifications preparedby ._which Contract isherebymadeapart hereof byreference,andishereafter referred toasthe "Contract"; THE CONDITION OF THIS BOND is that the Contractor: 1.Fully performsthe Contract betweenthe Contractor andthe Multiple Locations forRoad Resurfacing Projects,within 90 calendar days afterthedateof Contract commencementas specified intheNoticetoProceedandinthemannerprescribedintheContract;and 2.Indemnifies and pays City all losses,damages (specifically including,butnot limited to,damages for delay andother foreseeable consequential damages),expenses,costs and attorney's fees,including attorney'sfeesincurredin appellate proceedings,mediation and arbitration,if any,thatCity sustains because of default byContractorundertheContractor caused byor arising outof any action or proceeding to enforce the Contract or thisBond;and 3.Upon notification bythe City,correct any and all patently defective or faulty Workor materials that appearwithinone(I)yearfromthedateof Final Acceptanceasindicatedinthe CONSULTANT Letterof Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,orthe Certificate of Completion,if issued bythe City,whichever is applicable andifmorethanoneis applicable,theonethatis issued last,forpatent Defective Work,and correct any and all latent defects thatare discovered before the expiration ofthe third (3rd)year following thedateof Final Acceptance as indicated inthe CONSULTANT Letterof Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,orthe Certificate of Completion,if issued by the City,whichever is applicable andifmorethanoneis applicable,theonethatisissuedlast;and 4.Performs the guarantee of all Work and materials furnished under the Contract forthe time specified in the Contract. If all oftheforgoingconditionsaremet,thenthisBondisvoid,otherwise it shall remainin full forceand effect. Whenever Contractor shall be,and declared bythe City to be,in default for failing to perform in strict accordance with any ofthe terms ofthe Contract,the Surety shall promptly remedy the default as well as perform in the followingmanner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available,asWork progresses,that portion ofthe Contract Price that has not already been paid to,oron behalf of,theContractor.TheCity shall notberequiredto pay any morethanthe amount oftheContract Price.Thesurety shall notbe obligated to pay morethanthe maximum amount for which the Surety may be liable asset forth in the first paragraph of this bond.If the Surety fails to Thomas F.Pepe 12/10/2015 76 commence theWork within thirty (30)days of receipt ofthe City's declaration ofa default or if the Surety fails to man the job with sufficient forces,or suspends the Work,for more than thirty (30) days,either consecutive or in combination with separate occasions,the City shall have the option,in the City's sole discretion,and without waiving its right to any other remedy or damages provided for by this bond,to complete theWork with other forces and the Surety shall pay for the cost to complete the Work.The term "balance ofthe Contract Price"as used in this paragraph,shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto,less theamount properly paid bytheCitytothe Contractor. No right of action shall accrue on this Bond toor for the use of any person or corporation other than the City named herein. The Surety hereby waives noticeof and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under thisBond. IN WITNESS WHEREOF,the above bonded parties have executedthis instrument under their several seals on this day of _,20 ,the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR Secretary S barmen E.Pillot.Witness Thomas F.Pepe 12/10/2015 N/A (Individual,President,Managing Member or General Partner,etc.) (Business Address) (City/State/Zip) (Business Telephone) Metro Express,Inc. (Corporate Nan (President)Delio Trasobares 9442 NW 109th Street.Ste.100 (BusinessAddress) Medley FL 33178 / (City/State/Zip) 3uS-RftS-133n (Business Telephone) /!Berkley lnsutencl Compart INSURANCE COMPANY;—Nil i;Ui/i \K / by:mth£Ui •p/^AL) Mich3fel^BoneWltorneyfln-Fact &^£L>Re^ident Agent 255 Soufo Orange Aver Suite 1515 (Business Address) Orlanrin Fl 39ft01 (City/State/Zip (973)775-5256 (Business Telephone) 77 Bond No.0198940 FORM OF PAYMENT BOND Multiple Locations for Road Resurfacing Projects RFP#PW20l6-08 (Required asa Condition of Award and Prior to the Contractor Receiving a Notice to Proceed.Not Required with Submittal) KNOW ALL MEN BY THESE PRESENTS: That,pursuant to the requirements of Florida Statute 255.01,et seq.,Florida Statutes,we, ka *r-,u k -aa 9442 NW109thSt.#100 ,,Metro Express,Inc.,whose business address is Mcd|cy|FL 33178 and whose telephone number is 305-885-1330 ,asPrincipal,(hereinafter referred to as "Contractor"),and ,,..255 S.Orange Ave.,#1515 ....Berkley InsuranceCompany,whose businessaddress is rvianHn n *9«m and whose telephone number is973-775-5256,asSurety,are boundtotheCityofSouth Miami,whose business address is South Mi3mi,FL 33143 anc*wnose telephone number is 305-fifi3-fi33ft ,[[and Miami-Dade County whose business address is111NWFirstSt #710 Miami Fl33198and whose telephone number is 305-375-5071 ]]asObligee,(hereinafter referred toas "City")inthe amount of Ninety Three Thousand Eight Hundred Dollars ($93,844.00 )forthe payment whereofContractorEiylilyFuuidiiU00/100 ..V ,.'.'j •••i a iiandSuretybindthemselves,their heirs,executors,administrators,successors andassigns,jointlyand severally. WHEREAS,Contractor has,by written agreement,entered intoa Contract for the Multiple Locations forRoad Resurfacing Projects awarded onthe day of ,20,under Contract Number pw?016-08 *or tne constructionof Multiple Locations for Road Resurfacing Projects (briefdescription of the Work)by the Cityin accordance withdrawings (plans)andspecifications,ifany,prepared by which Contract is hereby madea part hereof by reference andis hereafter referred toas the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: I.Promptly performs the construction work inthetimeand manner prescribed inthe Contract;and 2.Promptlymakespaymentstoallclaimants,asdefinedinSection255.05,Florida Statutes, supplying Contractor withlabor,materials,orsupplies,useddirectly or indirectlyby Contractor in the prosecution ofthe work providedforin the Contract;and 3.PaysCity all losses,damages,expenses,costs,and attorney's fees,including those incurredin anyappellate,mediationor arbitration proceedings,ifany,that Owner sustainsbecauseofa defaultby Contractor under the Contract;and 4.Performs the guarantee ofall work andmaterialsfurnished under the contract for the time specifiedin the contract,then thisobligationshallbevoid;otherwise,itshallremainin full force and effect. Anyactioninstitutedbyaclaimantunderthisbondforpaymentmustbein accordance with the notice andtimelimitationprovisionsinSection255.05(2),Florida Statutes. TheSuretyherebywaivesnoticeofandagreesthatanychangesin or underthe Contract Documentsandcompliance or noncompliancewithanyformalities connected with the Contract shall not affect the Surety's obligation under thisBond. IN WITNESS WHEREOF,theabovebondedpartieshaveexecutedthis instrument undertheirseveral seals onthis dayof ,20,thenameandthecorporatesealofeach corporateparty being hereto affixed andthesepresents being duly signed byits undersigned representative. IN PRESENCE OF: N/A Thomas F.Pepe 12/10/2015 (Individual,President,Managing MemberorGeneralPartner,etc.) (Business Address) (City/State/Zip) (Business Telephone) 79 OR ATTEST: Secretary X Carmen E.Pillot,Witness -X STATE OF FLORIDA COUNTY OF MIAMI-DADE -V~^ On this,the Z. who is the A day of oOQ-g ~V\(JV/i C3£3 (State of Incorporation)company or partnership,bn behalf ofthe corporation and who is personallyknownbymeorwhoprovidedmewiththe following typeof identification andwho took anoathoraffirmedthathe/sheistheperson whci^igned theforegoingpaymentbond. WITNESS myhandandofficialseal. NOTARY PUBLIC: SEAL Metro Express,Inc. (CorporateJName) \JL ^v (Business Telephone) CL (President)Delio Trasobares 9442 NW 109th Street.Ste.100 (BusinessAddress) Medley,FL33178 (City/State/Zip) 305-885-1330 -Berkley lnsuifonde Colrtparjy INSURANCE COMPANY: BY:ffll/A&ty U*--I //4^Mu (Agent and Attorney-in-fact Signattif eT^"36'A-Bonet>Attorney-in-Fact 255 Sobth Orange Ave,Suite 1515 (Business Address) Orlando,FL 32801 (City/State/Zip (973)775-5256 (Business Telephone) _,20/6,before me ^appeared <S)qX*£>A•^(<=>^oho^^ .(Title),ofVtelyQ to9^SSp^nr .(Name of legal entity),a (Nameof Notary Public:Print,Starn] orTypeascommissioned.) *Power of Attorney must be attached. Thomas F.Pepe 12/10/2015 END OF SECTION 80 rvo.tfi-iuu/i POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE:The warning found elsewhere inthis Power of Attorney affects the validity thereof.Please review carefully. KNOWALLMENBYTHESEPRESENTS,that BERKLEY INSURANCECOMPANY(the"Company"),acorporationduly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed,and does bythese presents make,constitute and appoint:Roy V.Fabry or Michael A.Bonet of Kahn-Carlin & Co.,Inc.of Miami,FL itstrueand lawful Attorney-in-Fact,tosignitsnameassuretyonlyas delineated below and to execute, seal,acknowledge and deliver anyandallbondsand undertakings,withthe exception of Financial Guaranty Insurance,providing thatnosingle obligation shallexceedFiftyMillionand 00/100 U.S.Dollars (U.S.$50,000,000.00),tothesameextentasifsuch bondshadbeendulyexecutedand acknowledged bythe regularly electedofficersofthe Company atits principal officeintheir ~i own proper persons. Z ThisPowerofAttorneyshallbeconstruedandenforcedin accordance with,andgovernedby,thelawsoftheStateofDelaware, f£withoutgivingeffecttotheprinciplesofconflictsoflawsthereof.ThisPowerofAttorneyisgrantedpursuanttothe following E resolutionswhichweredulyandvalidlyadoptedatameetingoftheBoardofDirectorsoftheCompanyheldonJanuary25,2010: E RESOLVED,that,withrespecttotheSuretybusiness written byBerkleySuretyGroup,theChairmanoftheBoard,Chief ^F Executive Officer,President oranyVice President ofthe Company,in conjunction with the Secretary or any Assistant £Secretaryareherebyauthorizedtoexecutepowersof attorney authorizingandqualifyingthe attorney-in-fact named therein x toexecutebonds,undertakings,recognizances,orothersuretyshipobligationsonbehalfoftheCompany,andtoaffixthe 5 corporatesealoftheCompanytopowersofattorney executed pursuanthereto;andsaidofficersmay remove anysuch =attorney-in-fact andrevokeany power ofattorneypreviouslygranted;andfurther ••5 RESOLVED,thatsuchpowerofattorneylimitstheactsofthosenamedthereintothebonds,undertakings,recognizances, E orothersuretyshipobligationsspecificallynamedtherein,andtheyhavenoauthoritytobindtheCompanyexceptinthe E manner and to the extent therein stated;and further 3 RESOLVED,that such powerof attorney revokes all previous powers issued onbehalfofthe attorney-in-fact named;and "f further Z,RESOLVED,thatthesignatureofany authorized officer andthesealofthe Company maybe affixed by facsimile toany |powerofattorneyorcertificationthereofauthorizingthe execution and delivery ofanybond,undertaking,recognizance,or •g other suretyshipobligation of theCompany;andsuchsignatureandsealwhensousedshallhavethesameforceandeffectas ~'j thoughmanuallyaffixed.TheCompanymaycontinuetouseforthepurposeshereinstatedthefacsimilesignatureofany ~personorpersonswhoshallhavebeensuchofficerorofficers of theCompany,notwithstanding thefactthattheymayhave 5 ceased to be such at the time when such instruments shall be issued. c INWITNESSWHEREOF,the Company has caused thesepresentstobesignedandattestedbyitsappropriateofficersandits p corporate seal hereunto affixed this 22-day ofJ (J I(J ,2013. o Attest:s^k --""'""""Berkley Insurance Company fz (Seal) )rari/iant ^"^ Ira S.Lederrrfcn I JeffteM Wllafter Senior Vice President &Secretary ^Senior Viqe)President WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) )ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this lu day of JK/W ,2013,by Ira S.Lederman and Jeffrey M.Hafter whoare sworn tometobetheSeniorVice President and Secretary<and thje Senior Vice president,respectively,of Berkley Insurance Company.^r /.////fa/,^(Xty.^^ Notary Public,State ofConnecticut cSSSmtm certificate [/^smmmmsasB^^ I,theundersigned,AssistantSecretary of BERKLEYINSURANCECOMPANY,DOHEREBYCERTIFYthattheforegoingisa true,correctandcompletecopyoftheoriginalPowerof Attorney;thatsaidPowerofAttorneyhasnotbeen revoked or rescinded andthattheauthorityoftheAttorney-in-Factsetforththerein,whoexecutedthebondorundertakingto which thisPowerof Attorney is attached,isinfull force and effect as of thisdate. Givenundermyhandandsealofthe Company,thisdayof_ (Seal) Andre' EXHIBIT 9 Multiple Locations for Road Resurfacing Projects RFP#PW20I608 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards.Theword "bid",as wall as ojl af ji*<fcriv#tan*,«MU m*w a r«ppnw tp a iflijcifctfrn*focMing r*qM**P for proposals,requestsforaletterofinterestand requests for qualifications. (a)Noticeof Intent toProtestAny actual or prospective bidder who perceives itselftobe aggrieved In connection with any forma)solicitation or who intends to contest or object to any bid specifications oranybid solicitation shall file awrittennoticeofintentto file aprotestwiththeCity Clerk'sofficewithinthree calendar days priortothedatesetfor opening ofbids.Anoticeofintentto file a protest isconsidered filed whenreceivedbytheCityClerk'sofficebye-mailor,ifhanddelivered, whenstampedwiththe City Clerk's receiptstamp containing thedate and timeofreceiptofanoticeof Ifrtertt to flfe a protest.Arty actuaf resporirsfve arid responsible bidder who percefves ftself tobe aggrieved inconnection with therecommended award ofacontract and whowishesto protest the *vwtr*«fall filn wc&w npiiffr9{Mm w (II?*pratwt with tf»ci»cl*rK*<#**fcNn tor** calendardaysaftertheCityCommissionmeetingatwhich the recommendation isconsideredforaction. A notice of intenttofilea protest isconsidered filed whenreceivedbythe City Clerk'sofficebye-mail or,ifhand delivered,whenstampedwiththeCityClerk'sreceiptstamp containing thedateandtimeof receipt (b)Protestof solicitation.Aprotestofthe solicitation or award mustbeinwriting ("Protest Letter")and submitted tothe City Clerk's office within five calendar days after the date ofthe filing of theriotlce of Intentto file a protest.The Protest Letteris considered filed when the Protest Letter and the r«wiraJ filing fee pf $U(W «te both tlmeJr r«*iv«l by the City CJ^rlfs offlqa.in order for tte ProtestLetterand filing feetobeconsideredtimelydeliveredbyhand delivery,thedatestampofthe Clerk'sofficemust appear onthe original ProtestLetterand/oracopyoftheProtestLetterandthe datestampmustalsoappearonacopyofthecheck issued forthepaymentofthe filing fee,or,if paymentismadein cash,areceiptmustbe issued bytheClerk'soffice reflecting thedateofreceiptof the payment While the C|er(<may accept tlie Protest Utter by ema.il,the Protest Letter shaK notbe considered tobetimely received until and unless the required filing fee of$1,000 is received bytheCity Clerk's office and,if payment is in cash,areceiptis issued withthe date ofthereceiptof payment,orif payment h by check,a copy of the check Is stahiped by the Cferk with the date stamp of the Cferk's office showing thedateof receipt.The Protest Letter shall statewith particularity the specific facts and law uponwhichthe protest is based,it shall describe and attach all pertinentdocumentsandevidence relevant and material totheprotestandit shall be accompanied byanyrequired filing.The basis for review of the protest shallbe the documents and other evidence describedinandattached to the ProtestLetterandho facts,grounds,documentation,dr othur evWunt*not s^lftcally described inand attached totheProtestLetteratthetimeofits filing shall be permitted or considered In supportofthe protest. (c)Computationoftime.Notime will be added totheabovetime limits for service by mail.The last day ofthe period so computed shall be included unless itisa Saturday,Sunday,or legal holiday in which eventthe period shall run until thenext day which isnota Saturday,Sunday,or legal holiday. (d)Challenges,Thewrittenprotestmaynot challenge the relative weightofthe evaluation criteria orany formula usedfor assigning points in making an award determination,nor shall it challenge the Cit/s determination ofwhat Is In the City's best Interest which Is oneofthe criteria for selecting a htchter whose after m%}tm ttft ttt*towwt ttrt Wle*. (e)Authority toresolve protests.The Purchasing Manager,after consultation withtheCity Attorney,shall issue awritten recommendation within ten calendar days after receipt ofa valid Protest Thomas P.Pepe 12/10/2015 01 Letter.Said recommendation shall besenttotheCity Manager withacopysenttotheprotestingparty. TheCity Manager may then,submit a recommendation totheCity Commission for approval or disapproval of the protest resofve the protest without submission tothe City Commission,or reject all proposals. (f)tut <rf (tfttturetttttit during t*«t**tt.Upon rwatpt of i timely,proper and nM Pretest Latter filed pursuant tothe requirements ofthis section,theCity shall not proceed further withthe solicitation orwiththe award orexecutionofthe contract until theprotestis resolved bytheCity Manager orthe City Commission as provided in subsection (e)above,unless theCity Manager makes awritten determination thatthe solicitation process orthe contract award mustbe continued without delay in order to avojej pote/$aJ \wm to foe heajjh,safety,oy wejftffi o/ifte pybjjc ojr p project subsjantfaj interests oftheCityorto prevent youth athletic teams from effectively missing a playing season. Thomas P.Pepe 12/10/2015 END OF DOCUMENT 82 METRO-7 OP ID:MO ACORD CERTIFICATE OF LIABILITY INSURANCE OATH (UIA/DD/YYYY) 09/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 0OE8 NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED •REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.m IPORTANT;ff the certificate holder Is an ADDITIONAL INSURED,the policies)mustbe endorsed.If SUBROGATION IS WAIVED,subject to the termsand conditions ofthe policy,certain policies may require an endorsement.A statement onthis certificate doesnot confer rights tothe certificateholder In lieuof such endorsements). PRODUCER Kahn-Carlin &Company,Inc. 3350S.Dixie Highway Miami,FL331s£9984 Michael A.Bonet INSURED Metro Express,Inc. 9442 NW 109th Street Medley,FL 33178 COVERAGES CERTIFICATE NUMBER; CONTACT NAME: PHONE ADDRESS: Tfa*—"•'(AJC,No): INSURER(S)AFFORDINGCOVERAGE insurer a :Zurich-American Insurance Co insurers:American Guarantee &Liab Ins insurerc:North River Insurance Co. insurer o:Bridgefieid Employers Ins Co INSURER E : iINSURER F: REVISION NUMBER: ^16535 J26247 121105" NAIC* 10701 THIS IS TOCERTIFYTHATTHEPOLICIESOF INSURANCE LISTEDBELOW HAVE BEENISSUEDTOTHEINSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BEISSUEDOR MAY PERTAIN.THEINSURANCEAFFORDEDBYTHEPOLICIES OESCRIBED HEREINIS SU8JECT TOALLTHETERMS. EXCLUSIONS ANDCONDITIONSOFSUCH POLICIES.LIMITS SHOWN MAYHAVEBEEN REDUCED BYPAIDCLAIMS. ADDLB0BR I POUCYEFF ~~"——Qfyryn NSR LTR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY |CLAIMS MADE |Xj OCCUR XCU IncludedX IX PER PROJECT AGGRE GEWL AGGREGATE LIMIT APPLIES PER: PRO-IpoucyIXISB? I AUTOMOBILE UABIUTY !X AMY AUTO Ij ALL OWNED!;autos \x 'hireo autos lLOC jj SCHEDULED S AUTOS M NONOWNEO =A {AUTOS J I OCCUR liM&BLtoMtt UMBRELLA UAB EXCESS LIAB CLAIMS-MADE j PEP j X I RETENTIONS 01 WORKERS COMPENSATION AND EMPLOYERS'UABIUTY Y/N I ANYPROPRIETOWPARTNER/EXECUTIVE I 1 OFFCER/MEMBER EXCLUDED?N'*(Mandatory InNH)'M Wyes.describe under i DESCRIPTION QF OPERATIONS below j POLICY NUMBER wmh GLO 0184185-00 09/12/2015 BAP 0184184-00 09/12/2015 581-105887-2 09/12/2015 83038388 09/22/2015 POUCYfcgr --limnmmb UMITS EACH OCCURRENCE -D75WGTTOR0WTETJ PREMISES (Ea occurrence!09/12/2016 M£Q EXP{Anyone person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG j COMBINED SINGLE LIMIT i (Ea accident)_UL 09/12/2016 ,BOOILY INJURY (Per person)j$ TBOOfLY INJURY (Per accident)j % :PROPERTY DAMAGE ;(PER ACCIDENT! •EACH OCCURRENCE 09/12/2016 I AGGREGATE X .!TORY UMITS I LER 09/22/2016 I E,b EACH ACCIDENT E.L DISEASE -EA EMPLOYEE ,EL DISEASE -POLICY LIMIT;$ 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 3,000,000 6,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORO 101,Additional Remtrfcs Schedule,IfmorespaceIt required) CERTIFICATE HOLDER CANCELLATION PINE-22 Villageof Pinecrest 12645 Pinecrest Parkway Pinecrest,FL 33156 SHOULO 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 i —-__—-__————^—^—-——^—__-— 'j&5 >-Afcr ©1888-2010 ACORD CORPORATION.All rights reserved. TheACORD name and logo are registered marks of ACORO\CORD 25 (2010/05) 7sSouth1Miami Tl It CITY Of PUASANT IIVINC ADDENDUM No.#1 Project Name:MultipleLocationsforRoadResurfacingProjects RFP NO.PW2016-08 Date:April6,2016 Sent:Fax/E-mail/webpage This addendum submission Is Issued to clarify,supplement and/or modify the previously Issued Solicitation,andisherebymadepartoftheDocuments.All requirementsoftheDocuments not modified herein shall remain in full forceand effect as originally setforth.It shall bethe soleresponsibilityofthebidderto secure Addendums that maybeissuedfora specific solicitation. QUESTION #1: Is abidbond required to bid? RESPONSE: No,abidbondis not requiredto bid.However aPerformanceandPayment Bond are required asa condition of award. QUESTION #2: What is theestimatedvalueforthisproject? RESPONSE: TheCity does not havean estimated valueforthisproject.However please refer totheCity's CapitalImprovementProgram5-Year Plan as published inthe FY 2015 -2016 Adopted Budget.This document isavailablein the City'swebsite under theFinance Department - Budget Reports or atthefoltowinglinkhttp://www.southmiamifl.gov/index.aspx?NID=142. Note:A Gtywide Street iHesunfacing Program (Various Locations)ime itemmaybeusedto fundpartiallythisproject,inadditionto specific lineitemsbylocationaddresseswithinthe Adopted Budget. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page *ofl