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ABC CONSTRUCTIONProposalof Ml-�L ("Af, (Name) (Address) SECTION 4 Z� /e °' G Er � T7L to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for: "DANTE FASCELL PARK (PIP) JOGGING TRAIL PROJECT" (`THE PROJECT") TO: CITY OF SOUTH MIAMI Attn: City Clerk 6139 Sunset Drive South Miami, Florida 33143 The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interests in the Bid of the Agreement to which the Work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making Bids or Proposals and that the Bid is in all respects fair and made in good faith without collusion orfraud. The Bidder further declares that he or she has examined the geographic location and sites of the Work; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for this Work; and he assumes full responsibility therefore; that he has examined the specifications for the Work and from his own experience or from professional advice that the specifications are sufficient for the Work to be done and he has examined the other Contract Documents relating thereto, including the Instructions to Bidders, the Agreement, Bid, Detailed Scope of Work /Specifications, Qualification Statement, Public Entity Crime Form, and Insurance requirements and he has read all addenda prior to the opening of Bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the Work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Agreement with the City in the form attached and to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the Work specified in the Bid and the Agreement, and called for by the specifications and in the manner specified and to timely submit all required bonds and insurance certificates. NOTE., THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT /QUANTITY OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS 19 SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS WILL PREVAIL. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the Work as stated in the Agreement. The Bidder agrees to execute the Agreement and furnish the executed Agreement, all required bonds, insurance certificates, and other required information to City within ten (10) ten calendar days after written notice of the Award of contract. Failure on the part of the Bidder to timely comply with this provision shall give City all rights and remedies set forth in the Instructions to Bidders. The undersigned agrees to accept as full compensation therefore the total of the lump sum prices and extended unit prices items named in the following schedule. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the Work actually performed as determined by the Agreement and the City. However, in utilizing the schedule, the Bidder agrees that in no event shall compensation paid to the Bidder under the Agreement exceed the dollar amount of the Bidder's Bid amount, as set forth in the attached Bid. It is intended that all Work to be performed under this Bid shall commence approximately thirty (30) days after Agreement execution. In no event shall City be obligated to pay for Work not performed or materials not furnished. Bidder's Certificate of Competency No. l' C� ,/ 7 w 00 aJ Bidder's Occupational License No. (SEAL] 20 BID FORM The following is a Lump Sum Bid Proposal is presented to the City. The Bid Amounts includes all items described in the Bid Documents (Detailed Specifications). Upon receiving a Notice of Award contractor shall submit a detail schedule of Values. Payment shall be made on the basis of Work actually performed and completed. The Base Bid Amount includes all material and labor for the construction of the project entitled "DANTE FASCELL PARK (PIP) JOGGING TRAIL PROJECT." LUMP SUM BASE BID AMOUNT $ o,fe �,,C�L.e -1 LUMP SUM BASE BID AMOUNT (IN WORDS) � Q 1 A-2 A#5at1--j -2-� V 0 /�C iC - . Taxpayer Identification Number: BIDER: � � 1-)6 (Company Name) (Signatdke of Authori ed Representative) a\ !27e- (Printed Nbme and Title) - X15 AJ U) 01,aaj i R Jul (Company Address) aag- (Company Phone Number) [END OF SECTION) 21 SECTION 5 SUPPLEMENTARY CONDITIONS [SPACE LEFT INTENTIONALLY BLANK] [END OF SECTION] 22 SECTION 6 SPECIFICATIONS /SCOPE OF WORK Contractor shall provide all labor, parts, materials, and equipment necessary for the installation of EPDM /Poured- in -Place (PIP) playground surface/ jogging trail at the City of South Miami's Dante Fascell Park. (Refer to Exhibit #1 "Aerial View, Dante Fascell Park." The Exhibit depicts the suggested route and placement of the jogging trail. 1. Material and Workmanship • Material and workmanship shall comply with the following: • Performance requirements for impact attenuation and Head Injury Criteria as per U.S. Consumer Product Safety Commission. • Adjust thickness to meet varying critical fall heights within the repair areas of the jogging trail. Minimum 1/2" to maximum 5/8" as per line items. • Surface shall consist of two layers. The base coat is recycled tire 100% wire free and a minimum of 1/2" EPDM rubber installed on compacted crusted stone, concrete or asphalt. Color mixture of the EPDM wear cap shall be 50% Standard color/ 50% Black. • Mix proportions by weight - • Basemat 14% polyurethane 86% rubber. • Top Surface 18% polyurethane, 82% rubber. 2. Dimensions of Jogging Trail Note: Dimensions are approximate and are provided for planning purposes only and, should not be considered as a firm commitment. Contractor shall be responsible for exact measurements. The jogging trail shall, at a minimum, consist of 2" thick PIP rubber material and, is approximately 1,375 ft long and 6' wide. Contractor shall be responsible to: • Clear and grub area for the jogging trail. • Grade and compact subgrade to allow for the installation of 4" of limerock. • Install 4" limerock base and compact as required. • Install 2" thick rubber surface. Upon completion of the project, a final inspection shall be made by the Contract Administrator or a City designee. 3. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS AND CODES 23 Contractor must strictly comply with Federal, State and local building safety codes. Must meet all State and Federal safety regulations. Certified Test Data that's safety Surfacing meets or exceeds the following: A. American Society for Testing and Materials (ASTM): ASTM -F1292 Standards- Method for Testing various surfacing materials to determine their "critical height" (the fall height below which a life threatening head injury would not be expected to occur). Copies may be obtained from: American Society for Testing Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) - Printed Handbook for Public Playground Safety (Latest edition). Copies may be obtained from: US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504 -4973 C. National Playground Safety Institute (NPSI)- identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from: National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148 -4150 D. Current Americans with Disabilities Act Guidelines (ADAG). Contractors certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, upon completion of installation of playground surfacing, contractor shall furnish the City of South Miami a certificate so stating the surfacing and its installation meet Federal and State requirements as outlined in the publications. 4. CLEAN -UP Contractor shall: A. Be responsible for protection of finished surfaces until completion of construction and sign off. B. Not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. C. Properly dispose of all material and packing waste before leaving the job site. D. Be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. All removal and disposal fees are to be included as part of the rate per square foot as bid. [END OF SECTION] 24 SECTION 7 ALLOWANCES [SPACE LEFT INTENTIONALLY BLANK] 25 SECTION 8 ADDENDUM ACKNOWLEDGEMENT FORM Addendum #Date Received BIDDER: ' ✓� to o.5 jme 4l--> , z (Company Name) NN"\ (Sig @tore) &� - oozafe�- �A�SL�PP�T (Printed Name & Title) [END OF SECTION] 26 STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE SECTION 9 ANTI - KICKBACK AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that no porMon of the sum he ein bid /°gill be paid to any employees of the CITY OF SOUTH MIAMI, its elected officials, and Lp h5 ne tc or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. N Sworn and subscribed before this P�_ day of ICI Gi • , 2013 FD'1 S Not ry Public, Stat o Florio / �J10 E. (Printed Name) My commission expires: Oe r-c_ 4 2 (P ZO KEILA E. WL0 Alwary PWgk - &* 01 my Cantu. Evift va a Cenbmkam if ff em [END OF SECTION] 27 SECTION 10 I NON- COLLUSIVE AFFIDAVIT State o o I2 cl ) /n� --) SS: County of ) t/ ] e_- QqP1 7al :5- being first duly sworn, deposes and says that: a) SA the �� cl T (Owner, Partner, Officer, Representative or Agent) He ��°OJJ !� 5 C� 0-4'� the Bidder that has submitted the attached Proposal; b) He /she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal is genuine and is not collusive or a sham Proposal; d) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Proposal or of any other Bidder, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, in the r Witness State of�© iZ Jg )- (� -) SS: c L County of ) (Title) BEFORE ME, the undersigned authority, personally appeared --z1'DI'GI C�' �7o ✓l n'UP e f tome well known and known by me to bet erson des rtbed herei and who executed the foregoing Affidavit and acknowledged to and before me that ( 0 vL _-a executed said Affidavit for the purpose therein expressed. WITNESS, my hand and official seal this i t day of My comm Ex Tres: 0` 4 I ZC K� A Pe n . Notary Public State of Florida at Large [END OF SECTION] 28 N��M 2013. REILA E. MELD Mofa7 PoAIk - state of FWW M7 COW. Epkee MIN Z0. 1017 CpIEI WN t FF o911t0l SECTION 11 SWORN STATEMENT ON PUBLIC ENTITY CRIMES SECTION 287.133(3)(a), FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the CITY OF SOU MIAMI n by e/ D n �� — k-Q 51L O k-( [print individual's name and title] for L 00,- :i71J6) *0n 4 C-- [print name of entity submitting sworn statement] whose business address is 14f ig- k/ to �� 572EE / 01'0aJL F( and (if applicable) its Federal Employer Identification Number (FEIN) is �— tea ,54-7 —W (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)9g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or the United States, including, but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction or a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand than an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares Constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person 29 controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an entity. 6. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting his sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. This entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. kALSO UNDERSTAND HAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A ONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FL IDA STATUTES, R CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. e, M Signature of Entity Std ii Sworn to and subscribed before me this Rth day of 2013. Personally known Sworn Statement OR produced identification Notary Public —State of 30 My commission expires r22 f i 2 w i2-0 1-� (type of identification) (Printed,'typed or stamped Commissioned Name Notary Jic) vU�y �N _ KEILA E. WLO Notuy PW& • Ift Of FIWWa CommipIN 0 R UP 002fOS 17 [END OF SECTION] " 31 SECTION 12 SUPPLEMENT TO BID /TENDER FORM THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. QUALIFICATION STATEMENT The undersigned guarantees the truth and accuracy of all statements and the answers contained herein. 1. Please describe your com ny in detail. f % en_�I ��a�+02 2. The address of the principal place of business is: =l �Q`a I J U3 -�� kEE f�--I k Gt rY, I 1 }- L ? ) I --)- iO 3. Company telephone number: 30�9_ (P&3-D,3acD 4. Number of employees: 5. Number of employees assigned to this project: 14 6. Company Identification numbers for the Internal Revenue Service: 7. Miami -Dade County and CITY OF SOUTH MIAMI Occupational License Number, if applicable, and expiration date. 32 8. How many years has your organization been in business? 9. What similar engagements is your company presently working on? 6 eE �nTil-@_ 4Pc—,/ 1-, 2. @7 10. Have you ever failed to complete any work awarded to you? If so, where and why? AJO 11. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed similar work both in scope and cost: 11.1. �Soe ae l4ej & eI-e-a" ZfT (name) (address) (phone #) 11.2. (name) (address) (phone #) 11.3. (name) (address) (phone #) 12. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co- venture, list the information for all co- ventures.) NAME OF PROJECT OWNER TOTAL CONTRACT VALUE CONTRACTED DATE OF COMPLETION PERCENT OF COMPLETION TO DATE a e-I No 651 (Continue list on insert sheet, if necessary.) 33 13. Has the Bidder or his or her representative inspected the proposed project and does the Bidder have a complete plan for its performance? v� 14. Will you subcontract any part of this work? If so, include a list of subcontractors and task performed by each subcontractor. PD . The foregoing list of subcontractor(s) may not be amended after award of the contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 15. What equipment do you own that is available for the work? r SEE J —T goe-4 ecJ C�� )C�11� h-r !s-7 16. What equipment will you purchase for the proposed work? !Cs 17. What equipment will you rent for the proposed work? 18. State the name of your proposed project manager and give details of his or her qualifications and experience in managinngg similar work. l 19. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) � � C�zJe -a _ P"- � -(7- � ' a� 34 19.1 The correct name of the Bidder is: / r4d�� r) 5 0- -d n , � 19.2. The business is a (Sole Proprietorship) (Partnership) Corporation Q--0 r a 19.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: �-Orje- 19.4. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 1,'Y'- -� t -4 C') , v 19.5. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. ul o4E 19.6. List and describe all successful Bid, Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). OorJe . 35 19.7. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; and a description of the subject matter of the dispute. A r-A 101291101t1117_1 )SS. The fof g ing instru ent was acknowledged before me this day of �, 2013, by r D ZGL P�who is personally known to me or wh has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of ° -` , 2013. a KELLA E. fNEt0 ft" Pope • 6" a Mato E wt1 fallrr. �1Mn 1Nrl�. t�l Coma" IN1" [NOTARY SEAL] f 9 JV rson taking acknowledgment) [END OF SECTION] 36 SECTION 15 DRUG -FREE WORKPLACE FORM The undersigged vendor ir3 accordange withSpction 287987, Florida Statutes, hereby certifies that //�� 7�� in nJS �C o /l , 4vi i , does: (Name of Business) 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I� ti-P ► � �, r� Proposers Signatu Date [END OF SECTION] 42 SECTION 16 RELATED PARTY TRANSACTION VERIFICATION FORM I r e— CO 11 7CL,�C Q individually and on behalf of /ZU e 7Td AL I ( "Firm ") have read the City of South Miami ( "City ")'s Code of Ethics, Section 8A -1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with tfje /city, or with any person or agency acting for the city, other than as follows: /�[ i ; . (use a separate sheet to supply additional information that will not fitdn this line but make reference to the additional sheet which must be signed under oath). (4) no elected and /or appointed official or employee of the City of Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and /or your H m and the City other than the following individuals whose interest is set forth following their names: 2� A (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly an interest of five percent (5 %) or more of the total assets of capital stock in the firm are as follows: (use a separate sheet to supply additional information that will not fit on this line but 6ke reference to the additional sheet which must be signed under oath). (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency a ting for the City, and that we have not appeared in representation of any third party before any board, cqm i ion or agency of the City within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make leference to the additional sheet which must be signed under oath). Neither I nor any 43 employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; r (iii) any member of any board or agency of the City other than as follows: (use a separate sheet to supply additional information that will not fit on this line but mace reference to the additional sheet which must be signed under oath). (7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, paren�cffil� n, brothers and sisters) have also responded, other than the following: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (8) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (9) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the s?tements made hereinabove are true and correct to the best of my knowledge, infofmation and belief. A Signature: V\ //� Print Name & Title. �0�� Gott 7 C Date: U�d _I- 1 )LO 44 RELATED PARTY TRANSACTION VERIFICATION FORM We, A/'L' of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORS for the DANTE FASCELL PARK PIP JOGGING TRAIL project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City and Consultant against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub - consultant's names): to comply with such act or regulation. C//O��NTRACTOR BY: jurn 6 eet l Q Name Title 45 _-7-4(;;7-___ Witness Section 8A -1 CODE OF ETHIC Sec. 8A -1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel' shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel' shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel' shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel' shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest' shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business 46 in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract ortransact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or 47 (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (e) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); C. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; C. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from any one person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. 48 (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. Q) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full - time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1 -11 of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. 49 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)(1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (o) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFC, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter 50 in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly' where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. [END OF SECTION] 51 SECTION 17 CONTRACT GENERAL CONDITIONS ARTICLE 1— DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this article for the purpose of interpreting a word or group of words in that section of the Contract Documents. 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, these definitions shall not apply unless the word, in the context of its use in the Contract Document in question, is ambiguous and open for interpretation. In addition, these definitions shall also not apply to contradict a definition that is given in a specific provision of a Contract Document: 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: The form furnished by the CONSULTANT 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 for the Work to be performed. BIDDER: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after execution of the Contract. CITY: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. 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 all Bid Documents including but not limited to the REQUEST FOR PROPOSAL, CONTRACTOR'S Bid, the Bonds Insurance Certificates and the Notice of Award, the Notice to Proceed, these General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents and Acknowledgment of Conformance with the City of South Miami. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. 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. Days The number of twenty -four (24) hour periods following the event to which the word "days' refers 52 commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); 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 of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. 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 or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the 53 fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice' as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions, a detail schedule of values and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security /Performance and Payment Bond: 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 CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 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 54 and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will 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 Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, 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 reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Proiect: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre - construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. 55 Qualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. ARTICLE 3— CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANTs attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City 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 Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all 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 he is prevented from so doing by any limitations of 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 limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or 56 other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the following documents which are set forth in the order of their precedence so that all the documents listed above a given document shall have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to drawingd (c) Drawings (d) Drawings of a larger scale (e) Drawings of a smaller scale (f) Written dimensions (g) Scaled dimensions (h) Specifications ( i) Solicitation Documents unless the contract expressly excludes them or their provisions ( 1) Solicitation letter ( 2) Instructions to Repsondent /Bidder ( 3 ) Request for Proposal /Bid (RFP), with all Exhibits thereto, and with Exhibits taking precedence overthe RFP (j) Contract with all Exhibits thereto and with Exhibits taking precedence over the Contract. (k) Special Conditions with all Exhibits thereto, and with Exhibits taking precedence over the Special Conditions. ( I) Supplemenary Conditions, with all Exhibits thereto, and with Exhibits taking precedence over the Special Conditions; and (m) General Conditions. ARTICLE 4— AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, 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. 57 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. 1.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has 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 CITY/ 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 CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY/ CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager orthe CONSULTANT. ARTICLE 5 — INSURANCE Insurance Provisions 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 58 5.0.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; 5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 5.0.7 claims for bodily injury or property damage arising out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Contractor's Liability Insurance: 5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth below: 5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Comprehensive General Liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal lnjury: $1,000,000; • Medical Insurance: $5,000 per person; • Automobile Liability: $1,000,000 each accident /occurrence. • Excess /Umbrella: $1,000,000 per claim Excess /Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include (a) Premises and Operation (b) Independent Contractors (c) Products and /or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non - Ownership 5.2 Before starting the Work, the CONTRACTOR shall file with the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, the name, address and telephone number of the insurance agent or broker through whom the policy was obtained; these certificates shall contain a provision that the 59 coverage afforded under the policies shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY and CONSULTANT by certified mail. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR where applicable. Fire and Extended Coverage Insurance (Builders' Risk): 5.4 In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY by certified mail. Cancellation and Re- Insurance: 5.6 If any notice of cancellation of insurance or changed by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor' at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As- Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, 60 shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. 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 discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 61 Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY 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 CITY or CONSULTANT to pay or to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. 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 CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and 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 rights and royalties 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 of the Work, which are applicable at the time of his Bid. 62 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 a qualified 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 off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANTto review the information without any unnecessary investigation. 63 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the 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 of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re- submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined 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 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, 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 CITY 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 the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a 64 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. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 Unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the Contractor shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their agents and ,employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they are liable. In consideration of the separate sum of One Hundred Dollars ($100.00) or other valuable consideration, CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT from any claim, damage, loss or expense that is caused in part by a party indemnified hereunder. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or 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. 635 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Resoonsibility 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 of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY 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. 65 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments Public Utilities Etc 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties ") 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 of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. 66 ARTICLE 7 —WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY 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 CITY 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 11 and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to 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 satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions 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 Work not completed in accordance with the Contract Documents. 67 ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and /or interpretation it shall be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. 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 the Work is found to be 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 connection 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. 68 Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from 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, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the CITY MANAGER 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 reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 69 11.2.2 Method or manner of performance of the Work. 11.2.3 CITY- furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 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 of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 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 of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section 11.7 and 11.8. 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 of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15 %. 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 of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to 70 make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR ". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, CONSULTANTs, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15 %). 11.11 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as 71 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 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY 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 CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is 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 rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of 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 of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, 72 impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21s` day following the date of the event upon which the claim is based. ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Word at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, shall take precedence over Section 13.1. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have 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 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 CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, 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 CITY, will within 73 thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY 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 CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all 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 CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTNT's approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 1, 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 of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except forthe amounts listed below beside the names of the persons who performed work or supplied materials ". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the 74 money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the 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 of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and /or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663 -6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY 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. 75 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 CITY from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been 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. 14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly 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 jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the 76 convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, orthe CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY or the CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. 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 Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY 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 or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of the first observance of such injury or damage. 77 ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami -Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. ARTICLE 20 - SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21— INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. IN WITNESS WHEREOF, the partkis hereto havq executed the his as part of the Contract on t day of K-- WITNESSES: CONTRAC OR: Signature: 78 General Conditions to acknowledge their inclusion Name:-If-19 i? �tzottra -(P Title: % AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: Signature: Maria Menendez Steven Alexander. City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: City Attorney [END OF SECTION] END OF DOCUMENT 79 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE ABC Construction, Inc. 7215 N.W. 7th Street Miami FL 33126 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA One Towne Square Suite 1470 Southfield MI 48076 a corporation duly organized under the laws of the State of MI as Surety, hereinafter called the Surety, are held and firmly bound unto The City of South Miami 6130 Sunset Drive, South Miami, FL 33143 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Dante Fascell Park (PIP) Jogging Trail Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed 17th day of ABC Construction, Inc. The Guarantee Company of North America USA AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2013 lk x-tT THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Charles J. Nielson, Charles D. Nielson, Joseph R Nielson, David R. Hoover Nielson and Company, Inc. —Miami Lakes its true and lawful attorney(s) -in -fact to execute; seal and deliver for and on its behalf as surety, any and all bonds and undertakings; :contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky atleast thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company maybe affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, this 90th day of November, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 10th day of November, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. s, . xu'` 7N Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. r-^'., County of Oakland ' Y»a` My Commission Expires February 27, 2012 Lcs^?':?fa- Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 17thday of May , 2013 ;�pNTEE CO Randall Musselman, Secretary �ORTHAMER�P ADDENDUM No. #1 Project Name: Dante Fascell Park Poured -In -Place (PIP) jogging Trail Project RFQ NO. #PR- DS2013 -01 Date: May 10, 2013 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Correction to RFP: The address for Dante Fascell Park is: 8600 Red Road South Miami, FL 33143 Ouestion #I: Are As -Built drawings required to be provided by the contractor? Answer to Question #I: Yes, the awarded contractor must provide As -Built Drawings. Question #2: Is Rock "Outcropping" required? Answer to Question #2: Yes, the awarded contractor will provide Rock "Outcropping" as required for the project. Page 1 of 7 Question #3• Is the contractor permitted to remove trees that are near the path of the jogging trail? Answer to Question #3: No, trees near the path of the jogging trail or, within the park boundaries are not to be removed. Question #4: Is the contractor permitted to remove roots that are near the path of the jogging trail? Answer to Question #4: The awarded contractor will consult with the City's Arborist to determine if tree roots can be removed. The awarded contractor will not remove any tree roots without first securing approval from the City's Arborist. Ouestion #5: Will temporary security fencing be permitted? Answer to Ouestion #5: Yes, orange mesh security fencing is required to secure the work areas and contractor equipment. Ouestion #6: Is Density Testing required? Answer to Ouestion #6: Yes, the awarded contractor is required to perform Density Testing along the jogging trail path, every 25 feet, and assume any fees associated with such testing. A copy of the test must be submitted directly to the City's CIP Manager. Ouestion #7• Are inspections required and who will perform the inspections? Answer to Ouestion #7: Yes, representatives from the City will inspect the project. Ouestion #8: What is the estimated length of the jogging trail? Page 2 of 7 Answer to Ouestion #8: The jogging trail is estimated at 1,617 feet. Ouestion #9: What is the compacting rate? Answer to Question #9: The compacting rate for the subsurface is 90% Ouestion #10: Should the contractor provide for an allowance for dust control? Answer to Ouestion 10: Yes, provide for a dust control barrier at the tennis courts and playground area. Ouestion #11: Is the contractor required to replace damaged sod? Answer to Ouestion #11: Yes. The property near and around the construction must be restored to the original condition. Question #12: Will there be a staging area? Answer to Ouestion #12: Yes, a certain area within the park will be designated as the staging area. The staging area must be restored to its original condition. Upon awarding of the contract the contractor will have a pre- construction meeting with the City to determine the logistics of the project. Ouestion #13: Will it be necessary to tie -into the existing asphalt walkway on the perimeter to the tennis courts and, is an access area for vehicles and equipment required? Answer to Ouestion #13: Yes, the contractor will be required to construct an asphalt walkway, of the same material as the current asphalt walkway, from the current asphalt walkway to the jogging trail. In addition, a vehicle and equipment access area, approximately 25' wide will also be required. For an approximate placement of the walkway and the vehicle and equipment access area, Refer to Page 3 of 7 the Attached, "Revised Exhibit I Ariel View Dante Fascell Park." The compaction rate for the asphalt areas shall be the same as in Question #9, at 90 %. The thickness of the asphalt shall be 1 1/2 inches. The finish shall be level with the adjoining rubber surface. Upon awarding of the contract the contractor will have a pre- construction meeting with the City to determine the logistics of the project. Question #14• Will edge- detail be required? Answer to Ouestion #14: No edge - detail is required. The PIP surface edging will taper to meet the existing sod along the path of the jogging trail. Question #15: What are the permitted hours to complete the project? Please provide a schedule showing the available working hours, upcoming events, etc. Answer to Ouestion #15: Sec. 15 -91. - Pile- drivers, steam shovels, pneumatic hammers, etc.:-`" It shall be unlawful for any person in conducting any building operations on Mondays— Fridays between the hours of 6:00 p.m. and 7:00 a.m., Saturdays before 9:00 a.m. and after 5:00 p.m., and all day on Sundays, to operate or use any pile- driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise, except by written permission of the city manager, and then only in case of emergency. Ouestion #15: Is there a requirement to allow for access of City vehicles and related equipment? Answer to Question #15: Yes, also refer to "Answer to Question #13." A vehicle and equipment access area, approximately 25' wide will also be required. For an approximate placement of the walkway and the vehicle and equipment access area, Refer to the Attached, "Revised Exhibit Ariel View Dante Fascell Park." The rate for asphalt areas shall be the same as in Question #9, compaction rate 90 %. The thickness of the asphalt shall be 1 1/2 inches. The finish shall be level with the adjoining rubber surface. In addition upon awarding of the contract, the contractor will have a pre - construction meeting with the City to determine the logistics of the project. Page 4 of 7 Ouestion #16: Information provided below Section 6 (Specifications /Scope of Work) from the RPQ indicates, "(Refer to attached "Exhibit #1 "Aerial View, Dante Fascell Park The Exhibit depicts the suggested route and placement of the jogging trail." However, Exhibit #1 shows and labels in an aerial view of the Dante Fascell Park the "Existing Asphalt Walkway': Please clarify if the aerial view belongs to the new path of the jogging trail or the existing asphalt walkway? Revise accordingly. Answer to Ouestion #16: The aerial view depicts the suggested route of the jogging trail. The Asphalt Walkway is identified on the map as an existing structure and is not to be disturbed or demolished. Ouestion #17: Would the "Existing Asphalt Walkway" have to be demolished, removed and disposed prior to the installation of the new proposed jogging trail? Answer to Ouestion #17: No, the Existing Asphalt walkway that runs parallel to the tennis courts is to remain in place. Question #18: Would the new proposed jogging trail follow the same path of the "Existing Asphalt Walkway "? Answer to Ouestion #18: The jogging trail is to run approximately parallel to the Existing Asphalt Walkway. Upon awarding of the contract the contractor will have a pre- construction meeting with the City to determine the logistics of the project. Question #19: Please provide in an aerial view the path of the new proposed jogging trail for bidding purposes. If applicable Answer to Question #19: Not applicable. Exhibit #I depicts the suggested route of the jogging trail. Page 5 of 7 Ouestion #20 It was mentioned at the Pre -Bid Meeting that a Temporary Security Fence /Chain Link Fence will be required at the site. Please specify the fence high, amount of linear feet required, and any other specification. Answer to Question #20: Refer to the Answer to Question #5. The security fence is only around the area where the work is being performed. The fence is a deterrent to protect the patrons of the park. No chain link fences are permitted. Contractors may use flexible polyethylene flexible material or barricades. Upon awarding of the contract the contractor will have a pre- construction meeting with the City to determine the logistics of the project. Question #21 Will the contractor be in charge of preparing and submitting the set of plans to the building department prior to execution? If so, shall we include a dedicated amount for this item in our bids? Answer to Ouestion #21: Yes. The City of South Miami Building Department requires a written job description and a sketch /schematic to be submitted by the contractor. City permit and inspection fees are to be waived. Ouestion #22• Is there a specific Bid Bond form you are requiring or shall the AIA form suffice for the subject project? Answer to Ouestion #22: Yes, the AIA form is acceptable in addition to Section 1.05 "Bid Guaranty" in the RFP: 1.05 BID GUARANTY A certified or cashier's check drawn on a national or state bank, or bid bond, in the amount of five percent (5%) of the bid, shall accompany each bid as a guarantee that the Bidder will, if award is made, execute an Agreement to do the Work for the amount proposed and furnish any required certificates of insurance and bond documents. The bid bond shall be from a surety with an A- rating or better under Best's Guidelines, made payable to: The City of South Miami. Page 6 of 7 Ouestion #23• What is the budget for this project? Answer to Question #23: The City does not have a specific line item budget for this project. The Parks & Recreation Department has an overall Citywide Parks Improvement Budget of $100,000 for FY 2013. NOTE: NO CHANGE TO THE SUBMITTAL DUE DATE. PROPOSALS ARE DUE FRIDAY, MAY 17, 2013 AT 10 AM IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 7 of 7 CO R RO RATE[1 9927 Ap 0 RV Q� REVISED EXHIBIT 1 RFP #PR- DS2013 -01 DANTE FASCELL PARK POURED -IN -PLACE (PIP) JOGGING TRAIL PROJECT "AERIAL VIEW, DANTE FASCELL PARK" ` < / 7 ' � /)�/ � ADDENDUM No. #2 Project Name: Dante Fascell Park Poured -In -Place (PIP) Jogging Trail Project RFQ NO. #PR- DS2013 -01 Date: May 14, 2013 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Ouestion #I: Page 23 of the Specifications states the following: Surface shall consist of two layers. The base coat is recycled tire 100% wire free and a minimum of 1/2" EPDM rubber installed on compacted crusted stone, concrete or asphalt. In addition to the 4 -in of lime -rock base, are we to use crushed stone, concrete or asphalt as well? Answer to Ouestion #1 No, use only the 4" lime rock base. Ouestion #2: Color mixture of the EPDM wear cap shall be 50% Standard color/ 50% Black. What is the standard color? Page 1 of 2 Answer to Question #2: i The standard color fot the jogging trail will be decided with the awarded contractor. A standard color will be chosen; one that does require an upcharge for additional cost over a standard color. Upon awarding the contract the contractor will have a pre- construction meeting with the city to determine the logistics of the project. Question #3: The jogging trail shall, at a minimum, consist of 2" thick PIP rubber material and, is approximately 1,375 ft long and 6' wide. Does PIP mean poured in place? Answer to Question #3: YES. Ouestion #4: Contractor shall be responsible to: • Clear and grub area for the jogging trail. • Grade and compact subgrade to allow for the installation of 4" of limerock. • Install 4" limerock base and compact as required. • Install 2" thick rubber surface. If the EPDM Rubber surface consists of 2 layers, how could it only be 1/2-inch as requested to meet the 2 -in thick rubber surface? Answer to Question #4: You are correct; the specification in the RFQ is incorrect. The asphalt thickness should be 2 inches to match the proposed rubber surface height. Question #5• One density test every 25 LF will represent Approx. $3,250.00 it is too much? Answer to Ouestion #5 No, the City requires a density test every 25 LF. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of 2 # 6] 1 ABCZCONSTRVC_TION INC 7215 NW 7TH'STRBET NIANI FL 33.126", RGOVE "COTT" ` DISPLAY mi on KEN LAWSON SECRETARY' ,EQUIRED BYLAW • •- •: AC# 615,2 3 6 4 , STATE OF FLORIDA DEFARTNENT, OF BVSINESS AND PROFESSIONAL RE log HONE INSPECTD$8 LICENSING; PROGRAM SEQ #L12060500772 IC ENSfi NB-R LI5307 06 Zn 1 96 The HOME INSBE.CTOR "Named below I3 CERTIFIED Under the r6visi6ns or una 6f+1 Expiration date: JUL 31, I��' ,✓' ``' GONZALEZ, TORGE j "`STREET 7215 NW 7TH MIAMI �FL 33126 2937• -r +� n RICK SCOTT- KEN,LAWSON 'GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW CW A � N W CS O fA C 6 N s C ¢ PPi Q ®LLB W 9. Q a O z O I J m Q O to m 1 l N � fV m m O N J U G h N L M Cb W LU e N'u m � O Om Uo O < U CK a U co N WU C N W Y Q 3 � to n > O � U a z C7 Isd O �F tiC UL)V4J U a Dn 2° N Cb W OIJ to �,°,~'d• N'u N uL la Om Uo m N U � C7 49 h U Q 1- Z O U C'S e-o A J O M � U ¢ X O �tl p O Z FW N 7 N N M d- M C4 0 COD M LL. O Z UW & U . < =ON" Q 91lz Na ly ia0 p o ^O N NN �\N� s oan u a� me�o w WJ aa® W eWe N Z�Q gg� 6�0 W to 0 J cu ¢ LL U O "Z ¢y �� M' a fN�a' j . LIQ I�OWR IL tR�y 6 0 O U ` < cl I 19 '4.�h CO q 0 N A q J CO 3 N N uJ 2 , N 9CZti W� U U LL U ¢Lu W h Q xpprim 2 = � O = U � ® W aar-a V UNq o Fin N ~g2M 2: q¢O �ZU1 0 =@UNr nztanM y Q M 61 N L� 661 bd Q: O sw (g O O O y � 7m� OO Jai CLSSI x U nw`E = Q Rill S� m Tu O y 9u N -ea J: ULU Ln � NW 0 0 O UJh�Ni N N M h = n U =. < M O N M Q°7nt N O W NNO N Ln m e N ®b h z CO p a 0=0 W SOU ,v �GU State of Florida Department of State I certify from the records of this office that ABC CONSTRUCTION INC. is a corporation organized under the laws of the State of Florida, filed on October 12, 1990. The document number of this corporation is 520422. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on March 29, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Authentication ID: Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this is Ike Twenty nineth day of March, 2013 la Secretary of State To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. bft ps:// efile .sunbiz.org/eertauthver.html M I AM I•DADE M Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215 NW 7th St Miami, FL 33126 Dear Mr. Gonzalez: Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 19" Floor Miami, Florida 33128 T305-375-3111 F305-375-3160 CERT. NO: 37 Approval Date: 11/29/2012 - CSBE Level 2 Expiration Date: 11/30/2014 ANNUAL ANNIVERSARY: 11/29/2013 Small Business Development (SBD), a division of Regulatory and Economic Resources Department (RER) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Community Small Business Enterprise (CSBE) in accordance with section 10 -33 -02 of the Code of Miami Dade County. This certification is valid for three years provided there are no changes rendering your firm ineligible for certification. You are required to submit a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify your fine. Every three years you will receive a full recertification review that may include an onsite investigation; SBD will also notify you accordingly. If at any time during the certification period, there is a material change in your firm, including, but not limited to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business (es) or physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary, Your company is certified in the following categories as listed below, affording you the opportunity to bid and participate on contracts with small business measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract needs. The directory for all certified firms can be accessed on the Miami -Dade County RER webslte httD:// www. miamidadR_ nnv/ hucineee/ hncincm _nnM:6...,F:.........._��_ for doing business With Miami Dade County. ftGriff, Director Tss Opportunity Support Services Business Development Division Itory and Economic Resources Department (RER) CATEGORIES: (Your fine may bid or participate on contracts only under these categories) NEW SINGLE- FAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW HOUSING OPERATIVE BUILDERS (CSBE) RESIDENTIAL REMODELERS (CSBE) INDUSTRIAL BUILDING CONSTRUCTION (CSBE) COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (CSBE) WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUC` (CSBE) POURED CONCRETE FOUNDATION AND STRUCTURE CONTRAC'liq$: CS / / t rte, 'Sr ( �.H'8. ".� {'Y'i b, f'. tom-. ✓'1% f irj(1/ STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORStIC58� DBDR0020 M120706 Mr. Gonzalez ABC CONSTRUCTION, INC. Noeember 29, 2012 Cart No: 37 CATEGORIES: (Your firm may bid or participate on contracts only under these categories) PLUMBING, HEATING, AND AIR- CONDMONING CONTRACTORS (CSBE) SITE PREPARATION CONTRACTORS (CSBE) c: Addana Coba, Certification Specialist Veronica Clark, RER, SBD DBDR002000120206 M I A M I•DADE OM Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215 NW 7th St Miami, FL 33126 Dear Mr. Gonzalez: Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 19th Floor Miami, Florida 33128 T 305 - 375 -3111 F 305 - 375 -3160 CERT. NO: 10925 Approval Date: 11/29/2012 - SBE Expiration Date: 11/30/2014 ANNUAL ANNIVERSARY: 11/29/2013 Small Business Development (SBD), a division of Regulatory and Economic Resources Department (RER) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Small Business Enterprise (SBE) in accordance with section 2- 8.1.1.1.1 of the Code of Miami Dade County. This certification is valid for three years provided there are no changes rendering your firm ineligible for certification. You are required to submit a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify your firm. Every three years you will receive a full recertification review that may include an onsite investigation; SBD will also notify you accordingly. If at any time during the certification period, there is a material change in your firm, including, but not limited to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business (es) or physical location of the firm, you must notify this office in Writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the following categories as listed below, affording you the opportunity to bid and participate on contracts with small business measures. Please note that the categodes listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract needs. The directory for all certified firms can be accessed on the Miami -Dade County RER website http: / /www.miamidade.gov/ business / business - certification- programs.asp. for doing business with Miami Dade County. %,%rift,, Director ass Opportunity Support Services Business Development Division Story and Economic Resources Department (RER) CATEGORIES: (Your firm may bid or participate on contracts only under these categories) INSPECTION SERVICES, CONSTRUCTION TYPE (SBE) HAULING SERVICES (SBE) COST ESTIMATING (SBE) CONSTRUCTION CONSULTING (SBE) _ PLUMBING MAINTENANCE AND REPAIR (INCLUDES TOILETS, ETC.) (SBE) ROOFING, GUTTERS, AND DOWNSPOUTS MAINTENANCE AND REPAIR (SBE) BUILDING CONSTRUCTION, COMMERCIAL AND INSTITUTIONAL (SBE) �'` FINISHES: FLOORING, WALL AND CEILING, ETC. (SBE) .'✓`i /,Lt)' (.,,i` %r, /il�;;T MAINTENANCE AND REPAIR, INDUSTRIAL BUILDING (SBE) DBDR0020 x20120706 Mr. Gonzalez ABC CONSTRUCTION, INC. Noxember 29, 2012 Cart No: 10925 CATEGORIES: (Your firm may bid or participate on contracts only under these categories) SPECIAL CONSTRUCTION: OBSERVATORY, SECURITY, SPECIAL ROOMS, ETC. (SBE) BUILDING MAINTENANCE, INSTALLATION AND REPAIR SERVICES (SBE) BUILDING CONSTRUCTION SERVICES- EQUIPMENT, (SBE) SITE WORK CONSTRUCTION SERVICES (SBE) c: Adrian Cobs, Certification Specialist Veronica Clark, RER, SBD OBDR0020 v 0120706 BIZNET Main BizNet Profile: ABC CONSTRUCTION INC Page 1 of 1 Name: ABC CONSTRUCTION INC Business Description: GENERAL CONTRACTOR Street: 7215 NW 7TH STREET City: MIAMI State: FL Zip: 33126 -0000 County: DADE District: DISTRICT SIX Phone: (305) 663 -0322 Fax: (305) 267 -2403 E -mail: leonzalez@abc construction.cc Work Location: County: MONROE DADE District: DISTRICT SIX Contact: JORGE GONZALEZ UCP Cert. DBE State Cert.: OBE UCP Certifying Member: MDC First SC: 735 First NAICS: 236115 2nd SC: 750 3rd SC: 770 4th SC: 522 5th SC: 6th SC: 7th SC: 8th SC: 9th SC: 10th SC: 2nd NAICS: 236116 3rd NAICS: 236117 4th NAICS: 236118 5th NAICS: 23621 6th NAICS: 23622 7th NAICS: 23711 8th NAICS: 23811 9th NAICS: 23812 10th NAICS: 23891 11th NAICS: 23822 ACDBE: No NOTE: OBE stands for Other Business Enterprise indicating that the firm is not certified. Florida Department of Transportation 2008. -- _ https:// www3- .dot.state.fl.KiLTgygQpportuni. Office/biznet/ rofile.aspWSNO -1L40 " – 1!10120]3 M IIAA M�I•DADE LVAU iY Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215 NW 7th St Miami, FL 33126 Anniversary Date: November 29 Dear Mr. Gonzalez: Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 191h Floor Miami, Florida 33128 T 305 - 375 -3111 F 305 - 375 -3160 The Miami Dade County Small Business Development (SBD) under Business Affairs, a division of Regulatory and Economic Resources Department (RER), is pleased to notifyyou of your firm's continuing eligibility as a Disadvantaged Business Enterprise (DBE) under the Florida Unified Certification Program (UCP) in accordance with 49 CFR Part 23 and 26. Your firm is certified in the categories listed below. Your DBE certification is continuing from the Anniversary Date listed above, contingent upon your firm maintaining its eligibilityannuallythrough this office. You Will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility. Your firm will be listed in Florida's UCP DBE Directory, which can be accessed through the Florida Department of Transportation's website: wvm. dot .state.fl.us /equalopportunityoffice and then selecting "DBE Directory." If, at anythe time, there is a material change in your firm, you must advise this office, by sworn affidavit and supporting documentation, Within thirty (30) days. Changes include, but are not limited to, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals or the physical location of your firm. After our review, you will receive instructions as to how you should proceed, if necessary. Failure to do so will be deemed a failure on your part to cooperate and will result in action to remove DBE certification. uestions or concerns, you maycontact our office at 305 - 375.3111 McGriff, Business Support Services, Director Business Development CATEGORIES: (Your firm maybid or participate on contracts only under these categories) Commercial And Institutional Building Construction Industrial Building construction New Housing Operative Builders New Multifan ilyHousing Construction (Ecept Operative Builders) New Single-Farrily Housing Construction (Ecept Operative Builders) Plumbing, Heating, And Air - Conditioning Contractors Poured Concrete Foundation And Structure Contractors Residential Remodelers Site Preparation Contractors Structural Steel And Precast Concrete Contractors Water And Sever Line And Related Structures Construction cc: Veronica Clark, RER, SBD / U c, r ..�?'4 ,tom DBDRP DBE_CONT_FL1G_APPROVAL x20121024 BUSINESS REFERENCES MIAMI DADE COUNTY PARK & RECREATION Mr. Joel Arango Ph: 305 - 755 -5453 275 NW 2°" Street Miami, Fl 33128 E -mail: JArango @miamidade.gov MCM CORPORATION Mr. Alexis Leal Ph: 305- 541 -6869 Ext.36 6201 SW 70" Street 2' Floor Miami, Fl 33143 E -mail: aleal @mcmcoro.com MIAMI DADE COUNTY GENERAL SERVICES ADMINISTRATI Mrs. Alice Arguelles Ph: 786 - 263 -6406 172 West Flagler Street Suite # 330 Miami, Fl 33130 E -mail: APEREZ @miamidade.00v MIAMI DADE COUNTY PARK & RECREATION Mr. Jay Forni Ph: 305 - 596 -4460 11395 SW 79" Street Miami, FI 33128 E -mail: i26408 @miamidade.gov Mr. Anthony Timothy Ph: 305- 876 -8444 P.0 Box 998932 Miami, Fl 33299 E -mail: atim @mikeqconst.com 7215 NW 7 Street ABC Miami, Florida 33125 Tel; 305.683.0322 C OINE)TFUCT10 d Fax; 30b.267.24U3 MIAMI DADE AVIATION DEPT. Roberto Rodriguez, Architect - Project Manager Facilities Section 4200 N.W. 36' Street Suite 400 Miami, Florida 33122 Ph: 305 869 -1258 Fax No: 305 876 -7297 E -Mail: RWRODRIGUEZ @miami- airport.com CORZO CASTELLO CARBALLO THOMPSON SALMAN, P.A Mrs. Eleane Navarro Ph. 305- 445 -2099 X 2276 901 Ponce de Leon Blvd. Ste 900 Coral Gables, A 33134 E -mail: ENAVARRO @c3ts.com ABC CONSTRUCTION, INC. P.O. BOX 558087 MIAMI FL 33255 CITY OF PEMBROKE PINES 10100 PINES BOULEVARD, PEMBROKE PINES, FL 33026 Immm- i mrncd�- y W 2 d C p 0 00 8BL W C1 N (� .d M d y m 0 3 o d c n IL m � ® j m a_ N w 0 00 kV+ on m ce o C dd C O d h 2D M c) U X �p a Mo 0 � oa o� u 'N rn t 5 d d xa 'y L P' NU O p M v N c O C? ® d '� o uj ~3 ®. aL�°n C N Wwo d tJ F C ® N O U y LO W d v oo t a � 1m a d y r 'V :0 O.P 0 y d A ° W ®V O t- s y Ix M f!9 � ec E Ln N > `o N R9J J MMl ® X � LU Z LL �=U 188 899 O ® w v a m Z C wOH 0 v_a a rn ® va ° LLt61 ) 3: f0 O N m y CL -. - -. a to ®LL a 1r > C [V U M LL O Q P W z ° W W d o Z E M H W a' ® �`�z LL z ®�t�9 ai a a0z Na° :� >O H y ® y® p oozw c 7 w 0 u.. a r6 �' ?-y a pUq FC h N W o d C ®w a « O a rL° q� and Y Z E Z ° O C IL = N C ® EE 7 i mrncd�- y d C p 0 00 8BL o E $' N (� .d M d y m 3 o d c n IL m N ® j W $ c E °moo w 0 yfa�md on IL o C dd C O 2D M c) U X �p a Mo 0 = a m F16 m `o m u 'N rn t 5 d d xa 'y m y �f�pp G y O C y U i dp1 Em yD O y U) N y w =r d 0.0 ® d m ~3 ®. aL�°n C N d tJ F C ® N O U y ® LO = E.G N E X C y y 1m N C C y 'C V •y d y a P C 9L W m t- W Ix X Ln N N R9J 6 O M w � LU d p 899 O ® w v a m Z C wOH v_a a rn i i OFFICE CF ECONOMIC AND SMALL �tASf�3ESS DEVELOPMENT 43ovemrnenlal center Annex 116 S. Andrews Avenue, Ropm A680 - �Eld� 954.357 -6400 . FAX 954- 357 -5674 • pTy 354 a57°5664Fi ®dda 3ZOt Novarnber 23, 2010 Mr. Jorge Gonzalez ABC Construction, Inc. 7280 NW 8 Strebt Miami, Florida 33024 Dear Mr. Gonzalez: The any cod County office of Economic and Small Easiness Development is pleased to award our oornpaf certification as a County Business I ess Erlterpriee your gllrn IS now eligible to participate in the Otiice of Economic and Small 13usln ®ss DetvelopMant programs, Now that your firm is certigied, learn the gocFets of How to attending our monthly workshop held ever o do Business wilts Broward County by location, please visit our Website at htto:i/ third rhu, day f the broward or J y month. For specific time and In order to participate In Broward County Ilbt�sinesc elc U„ �o. the Broward County Purchasing Divtsrp�onul ®cts, you trust obtain a vendor registration number with fwww.broward.oro/nurch I �® obtain 80 vendor registration number visit: tstt //rnvyv broward. r / ur pt' T® revlevr purr ®nt In t;oun 90 to, advertised to v ®ndors via a -m il. assn lour ass licit i res. BId o portunl les oveb$30 000 will be and Small Business Develom PI flsk ep both the Purchasing pivision end the Office of Economic pp d of your ourrent a -mall addr ®cc ate in the following category (s)a ConstCt�tl ®n S ®rvleee. This is also how Will read. You may access our ffirrna s Ii uct b ess :Development DirectoryYlocated on the i by visa �l: 9 y visiting the Office of 1 ! b 'n s. Click on "Small Iatated on ®iraclory . VVe look forward to working with you to achleve teeter o ° Procurement, g pp rtunifies for your business through county Sincerely, Freddy !u2Ino Castillo, Manager Office of Economic and Small Business Deveic:ptmenl Cer'l Agency: BC -CBE CERTIFICATION EXPIRATION DATE: 11123920t3 �- 1 �� / � 1 _n rvx I ^ I 1 !� i r iLr I ( �+ ", X11 I `� � r ��'. � / r .M ; rYr ,� Ii r rit l,L � � 1i , ` l �! THE SCHOOL BOARD OF FROWARD COON TY9 FLORIDA 1643 North Harrison Parkway, Bldg H - Sunrise • Florida 33323 • Tel 754- 321 -1670 a Fax 754 -321 -1680 FACILITIES & CONSTRUCTION MANAGEMENT Denis I3errmann, Director Design and Construction Contracts .tune 13, 2012 Jorge Gonzalez ABC Construction Inc. 7280 NW 8 St Miami, FL 33126 SCHOOL BOARD Chair ANN MURRAY Vier Chair LAURIE RICH LEVINSON Board Members ROBIN BARTLEMAN MAUREEN S. DINNEN PATRICIA GOOD DONNA P. KORN KATHERINE M. LEACH NORA RUPERT BENJAMIN J. WILLIAMS ROBERT W. RUNCa: .Sayerinrendenl af&hwh Subject: CONTRACTOR PRE - QUALIFICATION RE- CERTIFICATI ®N Dear Mr. Gonzalez: The School Board of Broward County, Florida, at its meeting on 5/15/2012, approved re- certification of your firm as a Pre - Qualified Contractor. As such, your firm has certain rights and privileges according to Board Policy 7003. These include: ® The right to submit bids up to the per project and aggregate limits set forth in the cert ificate ® Certification for one year from the above meeting date ® Annual Renewal of your certificate by submission of updated information within 30 days notice You must notify this office if the status of your firm changes. Failure to report changes that affect the ownership and control of your firm may result in decertification. Any change to your certification requires you to submit proof of expertise, licensure and business history (at minimum) to justify the additional certification. Further, your firm is subject to periodic performance evaluation, which could result in suspension or revocation of pre - qualified status. Certification is not a guarantee that your firm will receive work. Should you have any further questions regarding your certification contact Daisy Rodriguez at 754 -321 -1670. 1 S' Philip .. Kaufold Construction Purchasing Agent Design and Construction Contracts PDK:dr Attachment c: File E)BROWARD'�i� OFFICE OF SUPPLIER DIVER e- I T '. Thursday, May 17, 2012 ABC CONSTRUCTION, INC Jorge Gonzalez 7215 NW 7 Street Miami, FL 33126 JGONZALEZ @ABCCONSTRUCTI ON. CC Dear Jorge Gonzalez C�ataa ➢ateons? Broward General Medical Center Coral Springs Medical Center Imperial Point Medical Center North Broward Medical Center Chris Evert Children's Hospital Broward Health Weston Community Health Services Broward Health Physician Group The OSD has determined ABC CONSTRUCTION, INC is eligibl Diversity Program. e to participate in Broward Health's Supplier The Office of Supplier Diversity (OSD) has received and validated your firm's certification documentation from one of BH's approved certification partners to document your 4 Supplier Diversity Program policy. rm as a Certified Diverse Vendor in accordance with BH's The following are BH's approved certification garners: • State of Florida - Office of Supplier Diversity • Broward County - Sanall Business Development Division • School Board of Broward County - Office of Supplier Diversity and Outreach • Florida Regional Minority Business Council (FRMBC) • Florida - Women Business Development Center (F/WBDC) • Palm Beach County - Office of Small Business Assistance • Miami Dade County - Office of Small Business Your firm's eligibility status as a certified diverse vendor is valid thru 04/30/2015. You are encouraged to visit our online certified diverse vendor directory at t s -% —br, wardhealth_or, :�_ ; v _rs } to view your firm's diverse vendor status information and view BH's current procurement opportunities. During the certification period, you are required to maintain current contact information of your firm with Broward Health. Any changes occurring in ownership and or managerial /operational control of the firm, please notify your firm's approving certification organization immediately. Thank you for your interest and participation it Broward Health's Supplier Diversity Program. Sincerely, LaRae P. Floyd Manager in1 C ❑ I th i -, ,-, . _. ABC Construction, Inc, Ms. Laura Gonzalez 7215 NW 7 Street Miami, FL 33126 Dear Ms. Gonzalez: ROBERT W. RUNCIE Superintendent of Schools CONGRATULATIONS! Your application for certification as a IVlinority/Women Business Enterprise (M/WBE) is approved. The enclosed certificate becomes valid when bids are advertised within your area of specialty. The Purchasing Department has entered into an agreement with Demand.Star.com a government bid service provider. Although it is not necessary to be registered with them to do business with the SBBC, being a member of the DemandStar.com network provides many benefits. For more information on DemandStar.com, you may contact them at (800) 711 -1712 or at www. demandstancom. if your firm is qualified in the construction arena please view http: / /wvrw.broward.kl2.ft. us/ constructioncontracts /home/homeOOLhtm..for further assistance. We encourage you to become an active bidder in the contrasting and subcontracting opportunities with the School Board of Broward County. The following data reflects the ananner in which your company is listed on the School Board's mainframe computer system, Certificate Number: 7007 -3870 -02 Certification Status: Apr 30, 2012 until Ape 30, 2095 Minority Status: 9llspanic- American (MI WBE) Tradeor Service: General Contractor Your certification is valid for a three (3) year period, and it is subject to review in order to verify continued eligibility. Should any change occur which may adversely affect the minority status of your company, please notify the Supplier Diversity & Outreach Program Office within fifteen (15) calendar days. Failure to do so may result in de- certification of your minority/women certification status. Should you have any questions regarding your certification status with the School Board of Broward County, I may be reached at 754- 321 -0550. Also, if there are any questions regarding your certification status with the Broward Health, they may be reached at 954- 831 -2795 and Broward County Board of County Commissioners at 954 -357 -7800. Sincerely, ,r- �'�L -e�t.v Marcy Houser M/WBE Specialist SUPPLIER DIVERSITY & OUTREACH PRO ,RANI Enclosures (2) Tines'; forB`ln-4 Edmcatiorer G"s Student arA Time B"WaPd County Public 9r.hootc [c A. >c....,,e n___ .............. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ® SUPPLIER DIVERSITY .& OUTREACH PROGRAfv9 SCHOOL BOARD 7720 W. Oakland Park Blvd., Suite 323 CLe11ANN MURRAY Sunrise, FL 33351 1 "cCJchLAURIE RICH LEVINSON ROBIN HARI'LEMAN 754 - 329 - 055® MAUREEN S. DINNEN varalcIA coop DONNA P. KORN KATHERINE M. LEACH NORA RUPERT BENJAMINJ. WILLIAMS April 23, 2012 ABC Construction, Inc, Ms. Laura Gonzalez 7215 NW 7 Street Miami, FL 33126 Dear Ms. Gonzalez: ROBERT W. RUNCIE Superintendent of Schools CONGRATULATIONS! Your application for certification as a IVlinority/Women Business Enterprise (M/WBE) is approved. The enclosed certificate becomes valid when bids are advertised within your area of specialty. The Purchasing Department has entered into an agreement with Demand.Star.com a government bid service provider. Although it is not necessary to be registered with them to do business with the SBBC, being a member of the DemandStar.com network provides many benefits. For more information on DemandStar.com, you may contact them at (800) 711 -1712 or at www. demandstancom. if your firm is qualified in the construction arena please view http: / /wvrw.broward.kl2.ft. us/ constructioncontracts /home/homeOOLhtm..for further assistance. We encourage you to become an active bidder in the contrasting and subcontracting opportunities with the School Board of Broward County. The following data reflects the ananner in which your company is listed on the School Board's mainframe computer system, Certificate Number: 7007 -3870 -02 Certification Status: Apr 30, 2012 until Ape 30, 2095 Minority Status: 9llspanic- American (MI WBE) Tradeor Service: General Contractor Your certification is valid for a three (3) year period, and it is subject to review in order to verify continued eligibility. Should any change occur which may adversely affect the minority status of your company, please notify the Supplier Diversity & Outreach Program Office within fifteen (15) calendar days. Failure to do so may result in de- certification of your minority/women certification status. Should you have any questions regarding your certification status with the School Board of Broward County, I may be reached at 754- 321 -0550. Also, if there are any questions regarding your certification status with the Broward Health, they may be reached at 954- 831 -2795 and Broward County Board of County Commissioners at 954 -357 -7800. Sincerely, ,r- �'�L -e�t.v Marcy Houser M/WBE Specialist SUPPLIER DIVERSITY & OUTREACH PRO ,RANI Enclosures (2) Tines'; forB`ln-4 Edmcatiorer G"s Student arA Time B"WaPd County Public 9r.hootc [c A. >c....,,e n___ .............. Y W 1 3t Y LF ! LU M' yyt ®new ec ®by az s Ir LU cz � mt � q 9L 44 z t Y= F e `c J 0 ba � con A N z 0 v �ya�a 3 Ld A U W no .yi tr pyJ� T to Y l0 A 0 W www.broward.edu WILLIS HOLCOMBE CENTER 111 East Las Olas Blvd. Fort Lauderdale, FL 33301 INSTITUTE FOR ECONOMIC DEVELOPMENT 111 East Las Olas Blvd. Fart Lauderdale,FL 33301 A. HUGH ADAMS CENTRAL CAMPUS 3591 S.W. Davie Road Davie, FL 33314 May 15, 2012 Jorge Gonzalez ABC Construction, inc. 7215 NW 7T" Street !Miami, FL 33125 PROCUREMENT SERVICES Willis Holcombe Center Phone 954 -201- 7455 /Fax 954 -201 -7330 www.broward.edu/procurement OFFICE OF SUPPLIER RELATIONS AND DIVERSITY Dear Jorge Gonzalez: NORTH CAMPUS 1000 Coconut creek Blvd. Congratulations! The Broward College Office of Supplier Relations and Diversity Coconut Creek FL 33066 has determined ABC Construction, Inc. is a Certified Diverse Vendor. JUDSON A. SAMUELS We have validated your firm's certification documentation from one of our SOUTH CAMPUS 7300 Hollywood /Pines Blvd. certification partners. Your certification determination with Broward College will Pembrokerines, FL 33024 expire according to the date indicated on the certification document provided to us ABC Construction, Inc, PINES CENTER 16957Sheddan St Pembroke Plnss,FL 33331 Your firm's status as a Certified Diverse Vendor is valid through April 30, 2015, WESTON CENTER Broward College provides access to supplier 4205 lionaventwe Blvd. - pplier resources and procurement Weston,FL 33332 opportunities online at www.broward.edu /procurement. This link also gives you access to the Certified Vendor Directory and the Seahawk Sourcing System for supplier management and registration. M R MARINE C ENTER rnE/ MARINE CENTER 7451 Riviera Blvd, During the certification period, you are required t0 Mi.mar. FL 33023 g q provide current contact information for • /our firm to the Office of Supplier Relations and Diversity. Report any changes in your firm's ownership and managerial or operational control to MIRAMAR TOWN CENTER your company's certifying agency. 2050 Civic Center Place Miramar, FL 33025 Should you have any questions, you may contact the Office of Supplier Relations TIGERTAIL LATE and Diversity by telephone at 954 -201 -7898 or email SDCebroward.edu. RECREATIONAL CENTER 580 Cnlisheanl Way Sincerely, Dania Beach FL 33004 y Shirley Gainey Director, Supplier Diversity AN EQUAL ACCESS /EQUAL OPPORTUN7TA INSTITUTION f �� \ 7215 NW 7 Street Miami, Florida :33126 Tel: 30 5, 663.0322 0l',JS 4 1=1UC--- FI0F,J Fax; 205,257.240a BANK REFERENCES REGIONS BANK ADDRESS: 8373 WEST FLAGLER STREET MIAMI, FL CONTACT: ANDREA ABUCHAIBE PH: 305 - 262 -4120 FAX: 305 - 264 -4120 : °s. LIST OF THE EQUIPMENT ■ 2008 - Bobcat 262 Cat ■ 2008 - Roller 224 E Cat ■ 2008 - Backhoe 430 E Cat ■ 2005 - Telehandler 560 Cat ■ 2002 - Bobcat 773 ■ 1999 - Dozer D -5 Cat ■ 2006 - Generator 40 K ■ 1999 - Forklift Toyota ■ 2008 - Self Propelled Scissor Lift GS -2032 ■ 2006 - Genie S60 7215 NW 7 Street Miami, Florida 33126 Tel; 305.563.0322 Fax; 305.26 7.2403 1 0 nj m L r� cu ID !7 d x ~ l .J J mm 00 M M CO N M fV V cu Z M 03L w V^' O CO COO O r O MOONWMmwqw N w N W 000 r � CL O NO�r�0MMM O O V V c w w m N64666666 m maa O Q U CD z auU) NWWMWMWMM ICVmMmC?CVOIO Z OQ aZ 7z O U w ¢ N xzm mmLo6Nu]N0Lb z� mgp m mm U) 000000000 M M M M M M M M M W C7 z m z J V J�wz0 JO L5 07 ra z m a CL pJ, a la -CiUE0 w¢ z_j 2 0 CII y w �MCCQC3 aw�N w O 0 U U O O 0 VMazzzL0 g ED9200p03C7F maaaOw9RM&I, x�¢Qau.LLCL mm 00 M M CO N fV V cu M 03L N V^' O CO COO O r V N w N W 000 r � C') 3: a z m -i a a a LU m maa O Q U CD z auU) M z Z OQ aZ 7z O U w ¢ N xzm O z� mgp m mm U) OZ O w �0 CC Z W Q Z Z m a Co n N N OD Ln O M z w_ z W J a U U) a 0 N Q 0 m LLI Q 9 w z O � CJ � � u � w o �- cc za S U U v x a a U w v Z ow v U H U v 1 ° o � v v � w -o v o I� m C t s AB- C .• rwuauvsf3tsimml &.uz;+�,;p'zrmenzanna,aa r 0 5:'. a.,v. s.::m:�:"{ I..rt..: L`i ✓�Sa.' .t4a�N.'oiA`.T�aLiRS^LtSf.tW YiAM.A.>50.bT.x6 MIA -UPPER AND LOWER DRIVE ACCESSI1BILITY IMPR OVEIVIFNT, Work of this Contract consist general removal and replacement of exterior ramps at the upper and lower levels vehicular ramps to meet current accessibility requirements. The scope also includes installation of detectable /tactile warning surfaces at new and existing ramps. All work is "iandside" Project location: Miami International Airport Contact: Greg Tai / 305- 876 -8444 MIA - PARK 6 SURFACE PARKING We constructed a new parking lot of appx 350 cars at tr,e exit of Miami international airport. In addition, installed fencing to throughout the site to enclose the parking lot. Project location Miami International Airport Contact: Anthony Timothy Ph: 305- 876 -8444 SECURITY ENHANCEMENT PROJECT Cra OPA LOCKA Install Security fencing throughout Opa -Locks airport. Install 8 -foot fence with barbwire, sliding gates, Guardhouse, asphalt work, curb, and gutter as needed. In addition, a lot of electrical security works. Also, install access control provided by Matrix. Project Location: Opa Locka Airport Contact: Darrell Palmer Ph: 305- 876 -7565 INDIAN CREEK VILLAGE ENTRANCE IMPROVEMENTS Work for this project consists of a total reconstruction to the entrance of the island. Consisting of new concrete curbs, asphalt, landscape, irrigation, pavers, and construction. of 2 buildings on top of the existing bridge that leads into the island. MOT service had to be provided in phases as this is the only access into the highest priced real estate in Miami Dade County. Project Location: 9080 Bay Drive Indian Creek, Fl. 33154 Contact: Skyline Management Group, Inc Paul T. Abbott Ph: 305 - 773 -'2655 N o 00 C3 C13 H Lfi N O1 O m O . q `* tq o a' o m •;� 5 w cu Q6 fu vi v CL p ro v e d v' p �n V) u m U y ++ Qj Ci ® Q) ✓i O S a J d O in � q C f0 ee C it h to O Qa i cu U Z3 s ° v aj M. F to 3 va+i O ®® °� N 6: ® O C H o w .w h °' s E e!� ar m m e w `^ ° no 0 E uj w L c_ w C c� a N� 0 �y w O i O > a tt a C7 w c c to m to ° p ?� s o LL f0 B ro C v' O N U 7 °O'' U °A O Q. .�.. G c te > s 4- Q to i d O y.,, ca , a W O 'La y-0 6 O 'o �+ d to H U C q-. Q m y= 7 E V O C C> r- O• 'yr O < LU Y O ° S n c m re 3 c ea e o s c cl u v. a � � �'�'� m to ® a1 m H '" y N o ° U ° f0 bb ° O y O ,6 C 'C° U °, - V COC a row+ m LL C T�4Q Z 0l 4! C ft7 4J s C C NN g ® O w 0 U U m s t m in O V v� @ i m m C y D °° a 3 Y Q co ° w o o c a tu t4 u tD u ,® a £ 0 a N r Ark N C`B b . m 0 N wq f% rrM H F£�t OF Cog9 <` Aa FLORIDA y DEPARTMENT of CORRECTIONS' ST Opa 9r£ OF FLOP, An Equal Opportunity Employer 501 SOIM Calhoun Steel, Te1latl mee,R nida32399.2500 May 7, 2012 ABC Construction, Inc. Mr. Jorge Gonzalez, President 7215 N. W. 7th Street Miami, Florida 33126 Re: New 2011 -2013 Biennium Prequalification Confirtation Leiter Dear Mr. Gonzalez: Governor RICK SCOTT Secretary KENNETH S. TACKER http: / /www•, dc.state.fl. us I have received the necessary corporate documents and Licenses from your company, and verified their active status In accordance with Rule 60D- 5.004, Florida Administrative Code, you are hereby advised that your firm's address has been updated in our records, and your firm is prequalified for bidding as Certified General and Plumbing Contractors from the date of this letter for the New Biennium, which Kogan July i, 2055, arid Agency. e:•ts through ,Irene 30.. 2013, on projects advertised and administered by this This letter of prequalification is valid for agU pznject flea? is bid by 9188 Department, or one of its agents, throughout the bienniurre. YOU DO NOT NEED TO PREQUALIFY FOR EACH PROJECT DURING TEAS BIE1VNIUM, IIOWEYER, YOU MUST PROVIDER COPYOF rHISLETTER WITH F.4c€{ ,filly I'O °J SU "'ll It is your firms' responsibility to request renewal, and provide the proper documentation for verification, should any license(s) expire before June 30, 2013, in order to remain prequalified throughout the cus rent period. I will need to receive a written request (fax or e- mail) from your firm to continue your prequalification status and must receive copies of your. renewed Corporate Charter and Contractor license(s), or Certified Minority Business Enterprise (CMBE) status, if applicable. Please be advised that prequalification with the Department of Correcticns does not automatically prequalify your firm with other State Agencies. Please include a copy of this letter with your response to bids, quotes, or submittals to the (Department. This letter is good for ALL BIDS from now until 6/30/2053. See Paragraph 4 of this letter for renewal conditions. If you are also a CMBE, please Include a copy Of that Certificate along with the cop,/ this letter, Please note that the Florida Department of CorrechOns leas moved and Procurement & Supply is now located with the rest of the Department at 501 South Calhoun Street, Tallahassee, FL 32399 -2500• If you have any questions or concerns, Please call meat 850- 717 -3664, or You may fax documents to meat 850 - 488 -7189. You may also contact me via e-mail at: roeerssandra amzjl dcst-iiv .r7,iss . Sincere! , Sandra L. Rogers, Purchasing Agent 11V{ Bureau of Procurement & Supply /slr 5300 R.@ iera ?rive GONZAUEZ Coal gables FL 3314(, Tel: (305) - mail -22 Fax: (305)267 -�40R Ce1P;305- 796 -g365 !i -mail: j 90,1zaiez£Sam,xa:,at;uc(ion.cc Stale Certified general Contr•ac(or License No. CGC60037 OBJECTIVE on obtain a position that involves a high de bteC of challen one which hill 1?tilize My professiona] cap,10'eoges and experience in a variety o'fbusiness sefting• be and diversity, LICENSES AN "I' LIFICATIONS State of Florida Rea] Lstate Salesman License No, SL- 0501388, 20 Years State of rloritla Mortgage 13rolcer Licer';se No. MB 9905854, 181'ears State of Florida General Contractor License No. CGC State Of Florida Cea•tiftetl plumbing License 1�o• CFC1467027 1 I0- 1-lour O ]460037, 18 Years SI3A Year EDUCATION Florida International Ualiversityl3achelol• Degree, business A.dt „in; Miami -Dade Coln; },,naty College Cca•al Gables Senior aTig11 School st:at7ct:, EXPERIENCE A13C CONS,X,R J,C,_i,IGtd, I'i�lC, General Contractor / ®v my 1990 - pres6rt ALLIED I)EI MOLL I'Ig; N, INC. General Contractor / Gw:a,vr I997 - 2tDgDfl 1CAhNr,4 S d & SB'EWAICP, INC, Licensed Real Rstate Salesman fl994 `Present BONING CAPACITY 25 Million Dollars 1ANGOAGES Fluent in English and Sp, =,,iSla. REFERENCES Joel ornalgo A4ianii- 15acle Pads & Jay Form Miami -Dade Parks Recreation 305 -755 -5453 rtecreatiOil &, Ron Baker Russo e:'; -Baker 1'.,4• , 305- 596 -4460 305- 476 -8300 F 11 i 17 Orthca r�� 13446 S. W. 153 Ter. # 2101 Miami, Fl. 33177. Ph. ,305) 253.4449. Cell. (305) 409.4158 Educatlon: Universidad Albert Elnsteln. San Salvador, El Salvador. Bachelor's Degree in Architecture. Graduated in March 1992. Colegao Sagrado Corazon (Sacred Heart School). San Salvador, El Salvador. 1970 -1983 Summary of experience: Over ten years of estimating, Project management and supervising in the construction field. Experience in commercial, residential and special construction such as midrise condominium, hotels; Banks, Restaurants, Retail spaces, Synagogues and residential. One year in retail sales. 3Alork Experience- ABC Construction, Inc. 7215 NW 7` ". Street. Miami, Fl. 33126. Project Manager. (July 08- Present) Terre Neuve Corp. 9044 State Road 84. Davie, FI. 33324 Estimator /Assistant Project Manager. (May 07— May 08) Projects: Island Breeze Condominium Temple Beth Orr Renovation Chabad of Plantation Stadium Corners Shopping Mall Villa Toscana. HF Contractors. 840 Nightingale Av, Miami Springs, FI. 33166 Estimator/ Assistant Project Manager. (August 04 —May 07) Projects: Signage Prop at Miami International Airport INS Pass, 732 J, Cafe Versailles at Miami International Airport Rey's Pizza Restaurants Miami Springs Country Club Remodeling Commerce Bank—] 2miami Branch. Dora[ Meadow Park City Hall of Doral P.I.C. INTERIOR CONTRACTORS. 15901 11 W. 7°h. Av. IbMian1l, Fl. 33169 Superintendent. (May 02 —Jun 04) Projects: WAMU Sheridan WAMU Bank Alhambra ,oral Gables WAMU Bank Brickell Bav View WAMU Bank Offices at Srickeil Key BUILDING SOLUTIONS. San Salvador, El Salvador Project Manager. CONSULTA S.A. DE C.V. Sara Salva&r, El Salvador, Chief of the Drawing Department. Project Supervisor. OBJECTIVE: To obtain a management support position in an organization where I may contribute skills that I have developed through several years in a corporate environment, and have an opportunity for Advancement and professional growth. QUALIFICATIONS: • Review Drawings • Shell and General Construction Estimating. • Prepare Labor Budget, Schedule of Valaaes. • Prepare Proposals. • Coordinate and supervise Construction Projects. • Review Drawings and construction documents to find discrepancies. • Direct RFI's (Request for Information) to different trades. • Review Specs to make Submittals Log: prepare Submittals and distribute them. • Calculate and redact Contract Adjustments. • Coordinate and Supervise Construction Activities. • Coordinate with Sub — Contractors. • Material Ordering and Purchasing. • Related inspection control. • Prepare Agenda and Meeting minutes. • Close out Documents. o Resourceful problem solver with ability to bring resolution to Challenging situations. • Customer service relation and office duties. • Computerskills. • Capable of utilizing the internet resources and services. • Bilingual: Fluent in Spanish and English. • Adapt easily to new concepts and resp msibilities. Hard working and eager to learn. Pablo Arcia 3226 NE 11 Drive Miami, FL. 33033 OBJECTIVE: Project Manger/ Supervisor. EXPERIENCE: Project Manger/ Supervisor 1/2006 - Present ABC Construction, Inc. Miami, Fl • Construction Supervisor. • Commercial Projects. • Involved in all aspects of construction, including inspector relations, along with proper organization of subcontractors and finished work. • Ability to read and interpret engineering and architectural plans and specifications. • Strong leader ship ability and communication skills. • Experience and ability to coordinate punch out. • Construction experience in State projects and building for Miami Dade Parks & Recreation Department. 4/1998 - 1/2006 Malanczyn Electric, Inc. Miami, Fl. Supervise crew of Electricians. Worked with several general contractors. Supervised employees, including scheduling and coordinating work crew's inspections, and monitoring projects events from start of project through turnover. REFERENCE: • Available upon request �T t CONSTRUCTION, INC 7215 N.W. 7'". STREET MIAMI, Fl. 33126 (305) 663 0322 - Phone (305) 267 2403 - Fax STATEMENT OF QUALIFICATIONS Main Office 7215 NW 7" St Miami, Florida, 33126 Phone: (305) 663 -0322 Fax: (305) 267 -2403 BACKGROUND ABC Construction Inc. was established in 1990 in the State of Florida. It has been dedicated to quality and has grown to become one of South Florida's best construction companies. Since its inception, ABC Construction has built some of the finest residences, commercial properties and government projects. One of the most important attributes of this company is the referral received from clients and professionals. Jorge Gonzalez, President and General Contractor of the company states, "The most important part of my work is customer satisfaction; it is the root of our business" and "because of them, we have grown tremendously ". The company does not advertise and its client and job base is almost strictly by word of mouth. "This is the best reward for a job well- done ", says Mr. Gonzalez. "Without the approval and referral of my clients and colleagues ", we would not be here today. ABC Construction offers a broad range of construction services including high -end custom houses, medium and high rises, retails and commercial shopping centers, airport facilities, demolition, etc. Projects completed include residences built for discriminating clientele such as diplomats and professionals as well as projects in Miami International Airport under the supervision of Miami -Dade Aviation Department for the South and North Terminal Development Programs, renovations for the State of Florida, construction of parks and recreational centers with Miami -Dade County Parks and Recreations. From high -end and custom homes to commercial construction and demolition, ABC Construction, Inc, is one of the most reliable General Contractors in Florida. The company strives to make the project run smoothly from start to finish. Its attention to detail is obvious when walking into a residence or even a demolition project. The workplace is kept clean and the work is completed in a safe and timely manner. 'All of these attributes are what have made ABC Construction, Inc. so successful all of these years'. ABC Construction is proven a construction company that has established a 'ban do it well and on time' reputation required of a modern company who partners with their subcontractors and clients. We are a fully licensed, insured, and bonded corporation with demonstrated financial resources, which pride ourselves in our performance in safety, environmental, quality standards, and project management. Mission statement ABC Construction will provide quality products and services on time and on budget, while insuring a good working relationship with our subcontractors and clients. KEY PERSONNEL ABC Construction personnel incorporate a variety of backgrounds, each bringing distinct professional experience to the team. ABC Constructions offers the client a balanced "pool' of project managers, field supervisors, and foreman who have experience in the work they manage. These managers provide• support for the skilled workers who represent ABC Construction to the client on a day -to -day basis. These include equipment operators, mechanics, skilled laborers, carpenters, electricians, and plumbers, to name a few. President - Jorge Gonzalez is a License General Contractor from the State of Florida since 1990. Mr. Gonzalez has extensive business management experience in a variety of business disciplines, including twenty years of construction experience, project management, field supervision, quality assurance and cost control, budgeting, financial reporting, and forecasting, marketing and staff supervision. Office Manager - Laura Gonzalez has seven years of administrative /management experience, including twelve years of construction experience. Mrs. Gonzalez is responsible for the day -to -day interface with staff, project leads, vendors, and all levels in the public, private and government sector. She manages the accounting and finance, payment requisitions, administrative requirements from employees, insurance, bonds, coordination with DBE and CSBE programs. Lead Estimator - Jorge Gonzalez has more than twenty years of experience in construction of custom houses and residences & Commercial. Mr. Gonzalez is leading the preconstruction department, and has extensive experience in contract bidding and negotiation with clients. Project Manager / Superintendent - Hertha Korn has several years of diversified engineering experience, including project management, project cost and scheduling, construction inspection, quality control and quality assurance, safety management. For the past two years Hertha Korn has successfully completed all landside and airside projects built at Miami International Airport. Assistant Administrative Officer - Janina Arellano has more than ten years of administrative experience. Mrs. Arellano is in charge of processing all project documentation, admiration and bookkeeping. Field Site Supervisor - Pablo Arcia has over ten years of field construction experience in supervision and personnel management. Mr. Arcia has built end custom houses, high rise framing, drywall, finishes and interiors, schools, parks and airport interior finish packages. Mr. Arcia is a master drywall and interiors installer. CONTACT INFORMATION Main Office 7215 NW 7" St Miami, Florida, 33126 Phone: (305) 663 -0322 Fax: (305) 267 -2403 Email: jgonzalez @abcconstruction.cc www.abcconstruction.cc HEALTH & SAFETY QUALITY ASSURANCE & QUALITY CONTROL INFORMATION Health & Safety Safety is an integral part of our culture. Our Safety Program entails all aspects of safety awareness from general policies, operating practices and procedures, to job - specific training, project planning and hazard analysis. Our obligation for a safe and productive job site requires the understanding, commitment and action by every project team member. The prevention of occupationally induced injuries and illness is of such consequence that it will be given precedence over operating productivity when necessary. To the greatest degree possible, management will provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards. We will maintain a safety and health program conforming to the best practices of organizations of this type. Safety Philosophy ABC Construction's objective is a proactive program implementation that will reduce all safety- related losses to an absolute minimum surpassing the best experiences of operations similar to ours. Our goal is no zero accidents and injuries. It is to be on the left side of zero, managing prevention efforts instead of accidents. Quality Assurance The quality and validity of results can only be as good as the quality of data from which they are derived. In order to achieve the highest standards, we go above and beyond to insure quality assurance in our work. All members of ABC Construction are highly qualified and experienced in construction implementation processes. ABC Construction's high standard of reporting back to our clients is our trademark. Through careful analysis and explanation, we will provide a comprehensive breakdown of all quality assurance issues and documentation. Our aim is to help solve problems by actionable recommendations through quality documentation. SERVICE SECTORS Our principle service sectors are; 1. General Construction • Civil Site Work • Design /Build Construction • Framing and Drywall 2. Construction Management of new and restoration for • Residential • Commercial and retail • Airports Facilities • Mid rise and High rise buildings • Parks and recreation • Institutional 3. Demolition • Structural /Site • Concrete • Interior & Exterior Our Clients 1. Government Agencies • Miami -Dade County Parks and Recreation • Miami -Dade County Aviation Department • City of Coral Gables • City of Miami 2. Private Sector ABC CONSTRUCTION INC. SAFETY PROGRAM COMPANY SAFETY RULES In order for l safety program to be effecaive, it is vital that rules be established, monitored by responsible individuals, as d it by all levels of empfloy tab The following are some of tae general rules applicable to ABC Construction Inc. operations that must be pertinent on every project contracted by our company. This is a Partial listing only. The pertinent requirem Safety and Health ents of OSHA Regulations CAR29, Part 1926 Applicable t® C ®nst Regulations for C®nstructi ®n with CFR 29 Part 1910 Identified as ruction, alsc apply in this farrhi. 1. PERSONAL, PROTECTION AND RELATED EQUIPMENT A. Personal Protective equipment must be worn as pres supervisor. cribed for each job by the B. Employees must check with their supervisor(s) regarding any porti0 (s) of their job that they do not understand. C. Goggles, face shields, helmets and other comparable equipment are required to fit the eye protection shall be worn when there is any application. Appropriate aye Protection shall be worn when there is any possibility of eyes being exposed to foreign materials. .lt is mandatory that appropriate eye protection be worn when drilling, grinding, sanding, sawing, burning, cutting, welding, chipping, working . overhead or cutting into ductwork that is operating and under pressure. O. Hard hats must be worn by all employees at all times in all construction work areas. E. Gloves are to be used when handling materials, and for protection against acids and other chemicals which could injure employees skin. Welding gloves must be worn during -flame cutting, brazing and welding operations. P. Respiratory equipment in many cases is needed for protection against toxic and supervisors w hazardous fumes. Employees must verify with their meets the need for breathing safety. hich equipment G. Safety shoes are recommended to help eliminate toe and foot injuries. H. The use of safety belts is required when performing elevated work where there is no guard rail protection and on certain suspended scaffolds. 1. Employees are expected to utilize proper judgment in their personal habits. When they report to work each moaning they must be in fit condition to meet daily obligations. BARRICADES AD HOL COVER,9 HO ; A. Excavations and operations ira <«vorking saxtaW or hole covers. es must be protected with barricades B. Barricades and/or signs 9,hall always be pro•sided as warning of hazards such as overhead work, crane swing, and excavations. C. FA/hen a hole or floor opening is crated during the performance of a work activity, a cover or a barricade must be installed immediately, page I of 11 ABC CONSTRUCTION Ir d SAFETY PROGRAM A. When utilizing heat producing equipment, make sure that the area is clear of all fare hazards and that all sources Of Potential fires are eliminated. E. Do not use a salamander or other open _'darned device in confined or enclosed structures. Vent heaters to die atmosphere and sure they are located an adequate distance from walls, ceilings and floors. C. have fire extinguishers available at all times when equipment. utilizing heat - producing D. Know the location of the fare fighting equipment in the work area and have knowledge of its use and application. Use these devises only in cases of fire. E. Turn in all fire extinguishers for recharge after each use. Inspect periodically when not in use. 4. EXCAVATIONS A. Have supervisory persor rael determine whether excavations, trenches or cuts more than 4 feet in depth require shoring, or soma other hold -back means. B. Excavations must be checked daily for cracks, slides and scaling. During rain, snow and other hazardous w- 'ather conditions, checks should be performed more often. C. Heavy equipment must be kept back from edges of all excavations. The access for excavations shall be ladders or steps and should be located within 25 feet of any worker. S. COMPRESSED GAS CYLINDERS S A. All gas cylinders shall have their contents clearly market on the outside off each cylinder. B. Cylinders must be placed an, d secured in .an upright position, including storage and transfer. C. Cylinder valves must be protected with capa or guards when not in use. D. All leaking or defective cylinders must be removed from service promptly, tagged as inoperable and placed in an open space from the work area. E. All operators are required to inspect equipment prior to utilization. F. Oxygen and gas cylinders placed in storage are to be kept 20 feet apt or have the fire barrier between theme, 0. Full and empty cylinders are to be stored :separately and protected from excess heat, snow, ice or physical da-moge. ,'page 2 of 1 l ABC CONSTRUCTION INC', SAFETY PROGRAM 6. HOUSEKEEPING A. Proper housekeeping is tlr:e foundation for the safe work environment. It definitely prevents accidents and fares, a, well as creating a business -like work area. B. Pile or store materials in a stable manner so that I will not be subject to falling. C. Rubbish, scraps and d,bris shall be removed from the work area as soon as practical. D. It is not permissible to leave: materials and supplies in stairways, walkways, near floor openings or at the edge of the building when exterior walls are not built. 7. LADDERS AND SCAFIl+C)LDS A. All employees are obligated to check to see that ladders are free from defects prior to use. Ladders must have safety feet, B. Straight ladders must be tied off, held or nailed down for stability. C. Erection crews must check scaffold member during erection. Defective parts are not to be used for scaffold fabrication. D. All working decks of scaffolds shall be provided with proper bandralls, m idrails and toeboards. If this is not possible, then al the time safety belts must be worn by employees working or the scaffold if 6 feet above floor. E. Planks shall extend over their end support to not less than 6 inches not more than 12 inches. F. 'Tube and frame scaffolds must be tied to the structure at intervals of 30 feet horizontally and 26 feet vertically. G. The height of mobile scaffolds shall not exceed four times the base dimension, and the casters shall have positive looking devices. 8. RIGGING A. Good rigging is essential for moving construction materials and equipment and, at the same time, keeping them under control. B. Never swing loads over t' le heads of workers in the area. C. Only trained flagmen and signalmen are to direct operation, using hand signals established as standards for the industry. D. 'Tag lines must b used to control lads and keep workers away. E. Do not overload any part of your rigging. Check loads ,gust off the ground for stability before hoisting. F. Never leave a suspended load unattended without securing it. 0. Never allow loads, booms or rigging to approach within .10 feet of energized electrical lines rated 50 KV, follow OSHA regulations. H. Always operate cranes on firm level growid or use mats, particularly for near capacity lifts. 1. hope off or barricade a space 360 degrees around all cranes operating on your jobsite to the extent of the swing radius of the near rotating structure. Page 3 of I 1 ABC CONSTRUCTION INC, 9. WELDING AND BURNING A. Always clear area below cutting of welding operations so that you do not drop stag on hoses, cables or employees. E. Use leak proof welding helmets and burning goggles for the eye protection and to prevent flash burns. Always wear eye protection to guard against slag while chipping, grinding, and dressing of welds. C. Use only manual electrode holders specifically designated for are welding. D. Make sure that all parts subject to electrical cuurent are fully insulated against the maximum voltage encountered on ground. E. A ground return cable shall have a safe current carrying capacity equal to, or exceeding, the specified maximum output capacity or the are welding unit that it services. F. Place cables, lads and connections so that there are no fore or tripping hazards. G. Shield all arc welding and cutting operations with noncombustible or flameproof screens wherever practical. H. Keep suitable fire extinguishers readily available when welding, cutting or heating on the job. 1. Be sure that proper ventilation is provided whenever welding, cutting or hating is performed in a confined space, 10. TOOLS A. It is mandatory that the right tool be utilized for the job and that it be used in a correct manner. gB. Kept tools in good working conditions. Damaged, worn or effective tools can cause injuries, and shall not be nosed. C. Do not use tools until you have been properly instructed and authorized to do so. D. Never romove machinery or equipment guards without authorization. E. Never make repairs to tools or equipment unless authorized by your supervisor. F. Inspect electrical extension cords and other wiring to be certain they are properly Inspect Do not use frayed or damaged cords. G. Take special precautions wheri using power tools on a scaffold or other locations with limited movement area. Get a good footing, use both hands, keep cords clear of obstructions, and do not over reach. H. Be sure that a power tools is off' and motion stopped before setting tool down. 1. Disconnect tools from power source before changing drill, blades or bits or attempting repair or adjustment. Never leave a running tool unattended. J. Do not use compressed air for cleaning purposes except when pressure is reduced to less than 30 psi and then only with effective chip guarding and proper Personnel protective equipment, Page 4 of 11 ABC CONSTRUCTION INC. SAFETY PROGRAM IR. INDUSTRIAL HYGINE AND OCUPATdGNAL HEALH A. Potable water will be provided at all sites in approved closed containers disposable cups. B. Toilets will be provided as required for the number of workers, with self closing doors, latch, and toilet paper. C. First aid kits will be provided at ach,job site. D. Employees must be protected against exposure to injurious sound levels by controlling exposure or by use of the proper personal protective equipment. E. Employees must be protected against exposure to ionizing (X-ray, radioactive) and non.- ionizing (laser beam) radiation. F. Protection against exposure to harmful gasses, fumes, dust, and similar airborne hazards must be fundshed through proper ventilation or personal respiratory equipment. 12. MOTOR VEHICLES AND MECHANIZED EQUIPMENT A. Supervisory personnel shall inspect all machinery and equipment prior to each use, and during use to make sure it is in safe operating condition. B. hated load capacities and recommended rules of operation shall be conspicuously posted on all equipment at the operator's station. C. Wire rope shall be taken out o service when on of the following conditions exist: i. In running ropes, 6 random distributed broken wires in on lay o 3 broken wires in one strand or one lay ii. Wear of on -third the original diameter on outside individual wires. uua. Finking, crushing, hoist caging, heat damage, or any other damage resulting in distortion of the rope structure iv. In standing ropes, ariore than two broken wires in one lay in sections beyond end connections, or more than one broken wire at an end connection D. When vehicles or mobile equipment are stopped or parked, parking brakes shall be set. Equipment on inclines shall have wheels chocked as well as having parking brakes set. Page 5 of I l ABC CONSTRUCTION INC. lease Note: IA W1.1 -cases requiring erner gency Medical trcWm0ut, immediately call, or have a co- worker call, to request medical assista nco.. Minor First Aid Treatment If you sustain an injury o: are involved in an accident treatment: requiring minor first aid A. Inform your supervisor. 13, Administer first aid treatment to the injury or wound. C. If a first aid kit is used, indicate usage on the accident investigation report. D. Access to a first aid lit is not intended to be a substitute for medical attention. E. Provide details for tPn y corp pletion of the accident investigation report. Mon- Emergency Medical Treatment For non - emergency worm - related injuries requiring professional medical assistance: A. Inform your supervisor, E. Proceed to the posted medical facility. `j. .,our supervisor will assist with transportation, ifnecessarf. C. Provide details for the comppletion of the accident investigation report. D. Management will report the injury to the insurance company within 24 hours. Emergency Medical Treatment If you sustain a severe injury requiring emergency treatment: A. Call for help and seek assistance from a co- worker. E. Use the emergency telephone numbers and instructions posted next to the telephone in your worm area to request assistatrce and transportation to the local hospital emergency room, C. Provide details for the completion of the accident investigation report. D. Management will report the injury to the :insurance within 24 hours. First Aid Training Each employee will receive trairning and instructs ms from his or her supervisor on our first aid procedures. .'age 6 of 11 ABC CONSTRUCTION IN(,. t! 14. ACCIDENT INVESTIG)jTloN Accident Investigation Procedures An accident investigation will be performed by the supervisor at the location where the accident occurred: The safety coordinator is responsible for seeing that the accident investigation reports are being filled out completely and that recommendations generated as a result of the investigation are being addressed. Supervisors will investigate all accidents resuling in an employee injury using the following investigation procedwese A. Review the equipment, operations, and processes to gain an understanding of the accident situation. E. Identify and interview each witness and any other person who might provide clues to the accident's causes. C. Investigate causal conditions and unsaf;= acts; make conclusions based on existing facts. D. Complete the accident investigation report. E. Provide recommendations for corrective actions. F. Implement temporary conofl measures to prevent any further injuries to employees. G. Indicate the need for additional or remedial safety training. Accident investigation reports must be completed and submitted to the safety coordinator within 24 hours of the accident. Accident Recordkeeping Preceda zes The safety coordinator will control and maintain all employee accident amid injury records. Records are maint&.ned for a minimun1 of three (3) years and include: A. Accident investigation reports. B. Workers' compensation notice of injury reports. To help identify injury trend,:, the safety oocrdix;ator will record employee injuries and illnesses on a log or tracldng form such as the OSHA 300 Log of Work - Related Injuries and Illnesses. Trending will be used to identify and develop corrective actions that will prevent similar work - related injuries and illnesses from occurring. 15. SAFETY MEETINGS Supervisors will conduct monthly safety meetings with their employees. The safety coordinator should provide srpervisors with safety topics and discussion items each month. In addition to the safety topic, supervisors may discuss other items such as recent accidents and injuries, results of safety inspections, and revisions of safety policies and procedures. Page 7 of 13 ABC CONSTRUCTION INC. Documentation will be maintained of each employee safety meeting. It should contain the subjects discussed as well as sn attendance sheet. Following the safety meeting, supervisors will observe employees performing job tasks associated with the safety topic item discussed in order to see whether or not they are following the safe procedures, they will be encouraged to continue to do so. Those found not following the prooedure will a -cceive correcting feedback. When meetings are held peeodically, happening, there is always the danger that th prevent this from ey will become dull and routine, hae will contunuously review and improve our meeting plants to Supervisors will follow the below plan of action to ensure successful safety meetings are conducted: Preparing for the Meeting A. Supervisors will conduct fiequent inspections of the various areas and work need to be corrected° Practices and note any unsafe sets being performed or unsafe conditions that B. Supervisors will select an unsafe sot or condition to be used as a Safety Me --- topic for the benefit of all. A safety meeting can help identify and eliminate hazards before accidents occur. Conduct the Meeting A. Supervisors will discuss only one topic per meeting. B. Allow employees to discuss why the sitasatfon occurs. C. Reach an agreement with situation. employees on how to eliminate or control the Keep a Record of the Meeting A Copies Coordinator. monthly safely meeting report forms will be sent to the Safety Coordinator. The supe�rrvisor should ke4kp originals in his or her area. 16. SAFETY INSPECTIONS Inspections provide an opportunity to survey the work place to detect potential hazards and correct them before an accident occurs. Typically, inspections ace made to identify physical hazards at. the worksite, However, the work practices of employees will also be observed during the inspections. Supervisors will observe employees to determine if they are performing their jobs in accordance with safe job procedures. Page g of I I ABC CONSTRUCTION INC, SAFETY PR®G12AI99 Continuous Monitoring Safety is the responsibility of each and every employee. Continuous, informal inspections should be conducted by employees, supervisors, and maintenance personnel as part of their regular job responsibilities. Thesc. are the personnel who are most familiar with worksite operations and machiiieiy. Our employees are a valuable source of information on work place hazards acid we Hook tai them for assistance in formulation Practical workplace controls. Supervisor must continually naoaiitor their work areas. On a daily basis, they will check that: A. Employees are follo @A ing safe work procedures. 13. Machinery and tools are in good condition. C. Machine guards are in position. D. Material is stored properly. E. Aisles, walkways, amid exit passage v✓sys are clear and accessible. Periodic /Scheduled Safety Inspeotior� Petnodic /scheduled inspections Ore formal, documented inspections that will be done on a regular basis at scheduled intervals. These inspections will be performed using prepared survey forms or checklists. Depending on the job tasks being performed and worksite conditions, they will be done weekly, monthly, other predetermined intervals. quarterly, semis- annually, annually, or at Page 9 of I 1 ABC CONSTRUCTION 11,10. ��ffl FALL PROTmcnoN All employees and vdr&07 mms, 6e �r ®g��e Few �afP da�azauc* resulting J;-oera adze construction Process All employees exposed to fall hazards must b protected from falls of 6 ft. or greater. This applies eftlPloyeto all employees and excluded only when the employee has established that actual stat es are of work oroafter the ewo�ahas beery complet conditions prior to the such a nets, hole covers or pe; ^soutnel fall awest equipment must be used to protect such fall exposure as; 1. Walking / working surfsces 2. Floor holes 3. Wall openings 4. Skylight openings 5. Work platforms / scaffolds 6. Steel erection Anchorage points for fall protection must be able '10 support a 5000 lb pr worker attached. Improper anchorage points are: I. Conduit 2. Guardrails 3. Plumbing 4. Roof stacks, vents 5. Light fixtures 6. Ladders and scaffolding All employees exposed to potential fall hazards must receive training in recognition, fall protection measures, hazard safety police; y, how to properly war and use fall Personal fall arrest equipment, and prober anchorag points. Stalrw, %Ys, Handrails and Ladders 1. Whenever there is a bre,& in elmration of ; 9 inches or more a stairway, ramp, ladder or other safe mans of access must b provided. 2. Al stairways with 4 or more steps or rising more that 30 inches must have at last one standard handrail from fiche bottom ' the top of the stairway unprotected side must have a. stria° rail. . Each Page 10 of I I 3. Stairways landings t�m,,h unprotected sid standard guardrails. es and edges must be protected 4. Job made ladders must be with into side rails Ya inch, or constructed for their intent use. Cleats must be inserted every 12 inches . felled blocks used. Cleats nnust be uniformly s S. No damaged ladder may Y paced 6. Metal ladders ma be aused. Y not be used near electrical sources here contact could occur. 7• Single rail ladders are prohibited. S* Portable ladders must be set up so that the base of the ladder is set out at a distance from the wall equal to 'fo the working length of the ladder. 9• All workers must maintain a 3 may employees carr point oontact on ladders at all time. 7 0. Ladders must be tied toff at to rails up ladders. At no time the ladders must have feet to p Wherever possible. At a minimum 11. When ladders Prevent slippage at the bottom. Portable a least 36 inches above the access an upper elevation, the side rails must extend 12. Stepladders must be opened fully loth side braces locked. Under no circumstance, may employees work above the second rung from the top of stepladders. Floor Holes 1• All floor holes Over 2 inches in diameter that pose a fall Or taippinB hazard must be protected with guardrails or floor hole covers. 2• `e int floor hole covers are used they must be strong enough the nntended load Of workers, material, and or equipment. to su 3. Floor hole covers must be sec Pport 2 times Floor secured with mails or screws to prevent accidental ¢• Floor hole covers must be either color coded or marked with the work HOLE OR COVER to provide warning Of the hazard. 5° y a s the floor hole cove° is not in place, the hole Or skylight must be protected by a standard guardr�eil system. Page 1 l of I I ABC CONST'RUC'TION INC. IlBRNG FREE PROGRAM AN OPEN LE EAR TO r i I''f d,1 F L a OF ABC CONSTRUCTION INC (Company Name) We have come to recognize that substance abuse is an on -the job problem, as well a social problem, for all of us. We believe abuse of alcohol and use Of illegal drugs endangers the health and safety of the abusers and of others around them. This company has com-nitted to creating and maintaining a drag -free work lace without jeopardizing the job security of valued, but troubled, employees, p Provided they are prepared to help us help there. Our policy now formally states that substance abuse will not be tolerated during working hours or on the eom pang premises, including job sites This alcohol. ibitiora incl zdes the Possession, lase or sale of illegal alcohol. drugs or Employees who are found to be under the influence of illegal drugs or alcohol or who violate this policy in other ways are subject to disciplinary action, which may include termination, Because of the serious nature of these violations, each individual case will be thoroughly the appropriate course of action. investigated to determine It is important that all of us work together to deal with substance abuse and other personal problems to :; work. lake a safer and even more rewarding place to Sincerely, Jorge Gonzalez President aa00V 10 SXSB W peaeyslow are 0601 pua auum 02100 V 941 WAla8Nl IEWSP IIV 'NOLLVHOdHO0 aHODV o L0Z-886 L O 'SNOISIAONd A3110d 3H1 H11M 3ONVOa000V Ni 03a3An30 3811IM 30LLON'd03a3H131Va NOLLVNIdX3 3H1 3aOd3e amnsoNtl0 38 S310nOd 0381H3990 9A09V 3X1 d0 ANV 0100H9 d0 (Solowz) Sz aaoav Et? 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LVW V SW 03NS91 SI 31V01d11130 SIHl ar, /W19AtlD 3ON"nSNl AllllBdll d0 31V3lJll' 130 ,A CERTIFICATE OF LIABILITY INSURANCE ovi i°oia" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY 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. IMPORTA T: If the certificate holder is an ADDITIONAL INSURED, the policypes) must be endomed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate "holder In lieu of such endorsement(a). PRODUCER ILEANA CABRERA - RODRIGUEZ INS. AGENCY INC. 1925 PONCE DE LEON BLVD. O8. CORAL GABLES, FL 33134 NAM DIANA BETANCOURT PHONE • 3115-529- 66 PAX o • 905- 9-285 pMAIL a INSURERS AFPORDINGCOVERAGE NAICN INSURER A: StEIIII, Farm Mutual Automobile Insurance Company 207 INSURED ABC CONSTRUCTION 7215 NW 7TH ST MIAMI, FL 33126 INSURER B: IMSURENC: EACH OCCURRENCE IN$URERD: P I E8 Ee000u.ncs INSURERE: MEDEXP(Anyane assn) INBURERF: PERSONAL SADV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE AD UL j= BR wun POLICY NUMBER POUCYEFF WDtWYYYl P %CV E %P Is LIMITS GENERALUABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE $ P I E8 Ee000u.ncs $ MEDEXP(Anyane assn) $ PERSONAL SADV INJURY S GENERALAGGREGATE S OENL AGGREGATE POLICYF_J _ LIMIT APPLIES PER: PRO- LOC _1FCT 17 PRODUCTS -COMPIOPAGG $ a AUTOMOBILE I$ UABWTY ANY AUTO ALL x AU�ULED HIREDAUTOB x NON-OWNED 189 - 2537.601 224 - 1098.601 019.4787.601 91 2-8787-B01 02101 121113 OV0112013 0210112913 0210112013 0Bro118013 08101/2013 OSro112013 08101/2013 Ea ac dem INGLE a 7,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERe I AGE PereceMm S UMBRELLA UAS EXCESS UAB OCCUR CLAIMS-MADE 7H EACH OCCURRENCE $ AGGREGATE a DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFPICEIMEMBER EXCLUDED? (Mandatoryte NH) If yes, describe under NIA ❑ WC A ITS OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYEE$ E.L. DISEASE - POLICY LIMIT S DF DESCMPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach AOORD 101, Additional Ramada Schedule, if mots space Is mquUea) CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001485 132849.7 03 -01 -2012 coRO� CERTIFICATE OF LIABILITY INSURANCE D01 =013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($) - PaooucER ILEANA CABRERA- RODRIGUEZ INS. AGENCY INC. Q 1925 PONCE DE LEON BLVD. CORAL GABLES, FL 33134 E: DIANA BETANCOURT PHONN E , 30 - F C No E-MAIL AODR SS: INSURERS AFFORDINSCOVERAGE NAIL# INSURER A: Stale Farm Mu u 1 Automobile Inaurawe Company GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSWADE ❑ OCCUR INSURED ABC CONSTRUCTION 7215 NW 7TH ST MIAMI, FL 33126 INSURERS: INSURER C: EACH OCCURRENCE INSURER D: PREM E nos INSURERS: MED EXP(Any one permn) INSURER F: PERSONAL SAOV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RISK LTR I TypE OFINSUMNCE POUGY NUMBER 0 Y SEEM) UCY EXP UMnS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSWADE ❑ OCCUR EACH OCCURRENCE $ PREM E nos $ MED EXP(Any one permn) $ PERSONAL SAOV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMP /OP AGO $ S AUTOMOSILELIABILITY ANY AUTO ALLOWNED x SCHEDULED AUT08 AUTOS HIREDAUTOB J( NON -OWNED AUTOS 939.7970 -B01 02/0112013 0810112013 aa-7 Gw LIMIT $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per ( ) $ 1,000,000 P erOemide t E $ 1,000,000 $ UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ OEO I I RETENTIONS $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? (Mandatary in NH) Ifyee -DESCRIPTION enter NIA❑ OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Ramada Schedule, If mon space is nquiad) CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01 -2012 '4` °�`' °® CERTIFICATE OF LIABILITY INSURANCE °o1128t2o013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the carSRcate holder loan ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsemont(s). PRODUCER ILEANA CABRERA - RODRIGUEZ INS. AGENCY INC. 1925 PONCE DE LEON BLVD. L Q CORAL GABLES, FL 33134 NAME: DIANA BETANCOURT PAX a: 305-529-2856 6 PRONE 305-529-9966 -MAIL DD — INSURER AFFORDING COVERAGE S NAIL# wauRBRA:State Farm Mutual Automobile Insurance ComPany EACH OCCURRENCE INSURED ABC CONSTRUCTION INSURER B: $ NSURER C: $ 7215 NW 7TH ST INSURER D: MIAMI, FL 33126 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ¢?r LOC INSURERS: S INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE0UCED BY PAID CLAIMS. INSR LTR rypE OP INBIIR/1NCE ADDL U POLICY NUMBER FOUCYOFF POU YEXP LIMPTS GENERALLIASIUTY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR ❑ EACH OCCURRENCE S PREMISES Eac=mce $ MEDEXP ..Person) $ PERSONALS AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ¢?r LOC PRODUCTS - COMP /OP AGG S $ LIABILITY ANY AUTO ALL OWNED x SCHEDULED AUTOS NLIT 8 D HIRED AUTOS %< AUTOS ❑ C745625 - 601 0266901.601 036 3117 -801 0637061 -B01 021012018 02101/2013 02101/2013 02101120 +3 0810112013 0810112013 0810112013 0810112013 COMBINED SINGLE LIMIT Ea amid a +,DDD,aaD BODILY INJURY (Per parson) $ X BODILY INJURY (PerarxJtlaM) $ E DA AGE Fare - I $ UMMMLLALIAB EXCESS LIAR OCCUR CLAIMS-. EACH OCCURRENCE S AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUNVE [ OFFICEAIEMBEREXCLUDEDT IMamMmryin NH) Ityae, l.tler IKIO NIA TATU- OrHH- E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 181, AddIthma+ Remanm Schedob, IF mom apace Ia mquh.d) CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11 ACORD 26 (2010106) The ACORD name and logo are reglsfered marks of ACORD 1001486 132849.7 0301 -2012