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Res No 155-16-14710RESOLUTIONNO:155-16-14710 A Resolution authorizing the City Manager to negotiate and enter into a contract with The BG Group,LLC for the total demolition of a single family residence located at 6126 SW58th Street in South Miami. WHEREAS,the single family residence located at 6126 SW 58 Street was abandoned by its owner(s);and WHEREAS,the structure was declared unsafe by the City of South Miami Building Department;and WHEREAS,the decision was reaffirmed by the Miami-Dade County Unsafe Structures Board (the "Board");and WHEREAS,the Board ordered the owner to make appropriate repairs within a certain period of time ("the Grace Period");and WHEREAS,the Board authorized/ordered the City to proceed with demolition at the end of the Grace Period in the that the owner failed to take all corrective action required by the Board;and WHEREAS,the owner has failed to take all corrective action required by the Board within the Grace Period;and WHEREAS,the City solicited bids and The BG Group,LLC was the lowest,most responsive and responsible bidder;and WHEREAS,the expense of the demolition will be charged to Account No.001-1640-524- 3450,Contractual Services. NOW,THEREFORE,BEIT RESOLVED THE MAYOR AND THECITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The City Manager is hereby authorized to negotiate and enter into a contract with The BG Group,LLC for the total demolition of the single family residence located at 6126 SW 58th Streetforan amount notto exceed $7,953.00.The City Manager is also authorized to expend an additional $398.00 representing a5%contingency forany unknown factors that may arise. Section 2.Severability.If any section,clause,sentence,or phrase of this resolution is for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shall not affect the validity of the remaining portions of this resolution. Pg.2 of Res.No.155-16-14710 Section 3.Effective Date:This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 1 6thJay of August 2016 [EST: CITY CLERK READ AND APPROVED AS TO FORM I^NGUAGfe<EGALrKY AND, E)CEC0flf APPROVED: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: 5-0 Yea Yea Yea Yea Yea To: From: Date: Subject: South11 Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor&Members of the City Commission Steven Alexander City Manager August 16,2016 Agenda Item No:10 Background: A Resolution authorizing the City Manager to negotiate and enter into contract with The BG Group,LLCfor the total demolition of a single family residence located at 6126 SW 58th Street The subject single family residence was abandoned byits owner(s) and reached a complete state of deterioration.It was declared an "unsafe structure"by the Cityof South MiamiBuilding Department and its decision was reaffirmedby the Miami-Dade County Unsafe Structures Board onApril20,2016.The "Board"granted a ninety day grace periodto the owner(s)to make appropriate repairs and ordered/authorized the Cityof South Miamito proceed with demolition at the end of the grace period ifno action was taken by the owner(s). Seven thousand,nine hundred and fifty three dollars.($7,953.00) Charged to account 001-1640-524-3450 witha balance of $15,455.00 Noticeof Miami-Dade County Unsafe Structures Board Decision Bid Opening Report The BG Group,LLC Proposal Demand Star Results Demo Services Sun Bizfor the BG Group,LLC Amount: Background: KJAMI'DADEJ SEEM petiveting Excel lotce Every Day Department of Regulatory and Kconomic Resources Herbert Saffir Permitting &inspection Center i 1805,SW 26,h Street (Coral Way) Miami,Florida 33175 , UNSAFE STRUCTURES BOARD .(786)315-2573 FAX(786)315-2570 pate transmiWcd:April 27fh,2016 CFN:20160392665 BOOK 30141 PAGE 4600 DATE:07/07/2016 10*30:21 AM HARVEY RUVIN,CLERK OF COURT.MIA-DAOE CTY Clerk of Courts Use NOTICE OF BOARD DECISION MIAMI-DADE COUNTY UNSAFE STRUCTURES BOARD PLEASE NOTE:FOR FULL INFORMATION CONCERNING THE DECISION PLEASE READ THIS DOCUMENT IN ITS ENTIRETY Hector Perez&Haydee Perez &/W Letjcia Perez 6126 SW 58 Street South Miami,FL 33143 Re:6126 SW 58 Street Legal-Description:Cambridge Lawns Park PB 50-4 Lot10 Blk 1LotSize 107,500 X 144 ov 18341-2202 1098 4,South Miami,Florida. Master Case No.:SM2016-001 ^oard.action on (A)1-Story CBS Structure located at ihe above address is as follows: At itsmeeting of Ar)ri)20th,2016,theUnsafeStructures Hoard ruled (hat: A repair or demolition permit shall be obtained bya qualified individual withinninety (90)days from today.. The demolition permit shallbeobtained from (he UnsafeStructureUnitortheapplicableequivalentin the enforcing municipality.All debris resulting from the demolition shall bepromptly removed from the premises. or The structure shall berepairor completed withinone hundred eighty (180)days after obtaining the permitwith laboratory tests,Engineer's certification and Architect/Engineer's sealed plans.If anyofthe above.conditionsarenotcomplied with,said structureshallbe demolished by(he enforcing municipality as spoil as possible. April 27th,2016 Hector Perez &Haydcc &/W Lcticia Perez Case No.:SM2016-001 Re:6126 SW 58 Street CFN:20160392665 BOOK 30141 PAGE 4601 Clerk of Courts Use. in accordance with Section 8-5(n)of tlie Code of Miami-Dade County,any ownei or authorized representative may seek an extension of the timeframes set forth in an Order ofthe Unsafe Structures Board.Such request for a hearing (o seek an extension mustbein writing,directed to the Secretary of the Unsafe Structures DoaxJ.The written request for extension mustbe received bythe Secretary ofthe Board prior to the deadline specified in the order.For example,in the event the Board Order states that a permit must be obtained within a specified period,(he request for extension ofthe deadline to obtain the permit must be received prior tothe expiration of that specified period.If the same order provides a deadline forcompletionofthe structure,(he request for the extension for (be deadline of completion mustbe received prior tothe deadline for completion,provide that the applicant has complied with the permit deadline.In noevent may the Board grant morethanone extension of timeforeachinitialorder. To obtainanextension,theownerorapplicantmustdemonstratetothe reasonable satisfactionof the Board lhat the structure that is the subject ofthe Order is secure at the lime the extension is sought and that the owner or applicant has made a good faith attempt lo complywiththe Order which has been impededby changed circumstances orother circumstancesoutside of theownerorapplicant's control.Asa further conditionofthe extension,theowneror applicant must siibmtt inwriting,togetherwiththepetition for anextension,a written timetable for compliance for compliance with the substantive provisionsof the Order and for completionofall necessary repairs.The Board willlimitits consideration of the petition to deciding whether the grounds for an extension have been satisfied. The Board also ruled through this Board decision thai,if compliance isnot obtained within the time stipulated above then,the Building Official is further instructed to proceed as provided in Chapter 8,Section 8-5 ofthe Code of Miami- Dade County.Therewillbenofurthernoticesorcommunication from the.UnsafeStructuresBoardregardingthis case. This document mav be recorded by the Building Official with the Clerk of (lie Circuit Court,This recording will constitute constructivenoticelo all concerned,aswellas any.subsequent purchasers <hnt a decisionhas been rendered bythe Unsafe Structures Board ontheabove referenced property. Repairor demolition permits,for properly located at the above address must be obtained from City ofSouth Miami, Unsafe-Structures Section,Building Department,6130 Sunset Drive,Miami,VL 33143,(305)663-6355.Please call this PgpftrUncnt before coming infora permit orfor further information onthis matter. The Unsafe Structures Board is Quasi-Judicial,the decision and specified compliance dale is final and binding.Any person aggrieved bya decision ofthe Unsafe Structures Board may seek judicial review of that decision in accordance \yilh the Florida Rulesof Appellate Procedure as indicated ip Chapter 8,Section 8-5 (o)oftheCodeof Miami-Dade '.TlisiiutAimcnlwiisffqaredby Respectfully,x-x ^Mwri-DafcCwoiy ()Q '\j ^JwtmciKofkcg^littjryMdKcowxnJdRfSOU/tcs ^secretary of thcHBoard H80*SW26Stwi(CoraJ \v&y),2nd Kloof f Unsafe.Structures Board MiamifbridiMW cc:Known Interested Parties:Owner's 2n0 Mailing Address:Hector &Haydee Perez &/W Felicia Perez,PO Box 248326,Coral Gabies,Fl.33124;CityofSouthMiami,Unsafe Structures Section,6130 Sunset Drive, Miarrri/Florida 33143,Attn:Victor J.Cilarella,P.E„Director. 5eal Bids were opened on: BID OPENING REPORT Wednesday.July 20,2016 For:ITO #BD 2016-13 Demolition Services COMPANIES THAT SUBMITTED PROPOSALS: 1.ATF BUILDERS,INC .". 2.FLORIDA CONSTRUCTION &ENGINEERING,INC. 3.iVYFREDrN.-CB^-.^^-^^)-- 4.PGS CONSTRUCTION LLC... 5.STONEHENGE CONSTRUCTION 6.THUNDER DEMOLITION after:10:00am AMOUNT: •*IMi6t^:05 THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:fcki Print Name ypt Witness:^e^ng-c Print Name Witness Print Name Signature If?'""- aiY OF SOUTH MIAMI '"'•'•^INVITATIONTOQUOTE South^Miami ITQ#BD2016-13 LUMPSUM PRQFOS\L :SUEJMITTff)m City Clerk PROJ&T; -ftAMEV :Maria Menendez/O/IC ADDRESS AbDfi^6130Sunset Drive CITY/STATE />.ffi$$fi!^Miami Ror1da33134 ISSUEDATE PHONE 305^63^6339 E-MAII; MAND^^NONE DUEDATE tJUC^^LJB^isSION R&UIREMBslTS RBfflTO "aQOPEOFSgVlC^"(^ATTACHE) Demplition Services 6i26SA/68areet SbirtrjJVllarriii.R 33143 ^1/6,2016 skulick(^uthmiamifl.gov. ^Iy20;26lg^50:0pAM Qubtes^^10 AM onthedue date will not beaooepted unless otherwise specified in thequote document of aitime^iige;All quotes will be submitted to the atyClerks Office in asealed envelope.The label on the oh the /ehvi^d^.^§^tpTj^:asfolldws:.~ ^pf^utjiiMlami MariaiM./^irieridez,CMC Oi^SLihsitSive Prbi^Nairrier Demolition Services Must tpjpjuVprbj^bt risime.If'label does not have all information above your quote will not be accepted. TheqTY^Iri^f^w 1).Asacondition of award,the awarded vendor must provides <£rt!fi^ AffiOMTS (Bchibit 2Y l^p^entsrriM^cqrnplete and submit with your quote affidavits provided in Bchibit 2. Arjy:F^|ue;stsfor;adcRtipr)al information or questions must be in writing,emailed by 10 AM local time on July 18,2016 to the attehtlbriof Mr.Steven Kulick,Purchasing Manager at sHu!ick#iouthniiamif Lgov. Bids will ohly.be aodepte^l.thatindude quotations during regular yybrklng hours. DBOT!^^ ItemNumber Item Description \^/^^o\i^<^^ LUMPSUM PROPOSE ^mmmmmmmm^mmmmmmmm^^mCbhtraflc*:&afr&^^_ cqinpe^e^aCTrdi (^^iip^mli^besub^ Print/Type Name: Signature: E-rriall: Firm Name: Address: ':$^&r/*J.'Phone: .bate: 3 Ut\J <&>"BAtx-A/VOt ;=KdM.<i^3At Fax: No.: m&-Clty:^CG/Y & **/«•//#• f?7?*r> 5«a»/192 2£IS 3j3Y«?7 TteEXBXmCttCrTHISrORMO^ Alfl[HC«ZEDra3RES^ATlVESv^MOWftBViN ITS90U=rJS3^ON.AO^AWPRO^^ WHICHUNfflUIVC^^ TtePRO^TOTTlERRM 00N9DBRff>iHEt5dST10S3M;7H£QlYSINl&5iT, PB3^DBvrrACCO?TSALLC)FTHElCRMSAhW AND QUOTE SUBMISSON RB3UIREMENTS l>IISPROPOSMWIU.RaiAIN ajaB^TOAOCBTANCEPORIBO CAIB^QAR DAYSAr^THEPRDr^uaWG THGRaSTONDgvrr,BYa^i^ANDaJtaMITllNGlHlSrWPOSAl,AGRQISTOAUlHElB^SANpOOWmC^C^THEK)^OD^rrR^CT•^HAtlSAPARrOF'rHE SOUOTATION R\O^GCWlTH APPT^AITECHANasio CONFOt^M TO TVElNrpfttiATION CONTAINED IN THISiNyiTATlONTO QUOTE _ Scope of Services "Demolition Services" ITQ#BD20I6-I3 Scope of Work: Scopeof work involves thetotaldemolitionofexisting structure,removalofalldebris and clean-out single family residentiallotat 6126 SW58 Street inSouth Miami. All work is to be done in accordance with requirements,guidelinesand regulations includedin the StateofFlorida Building Code,the CityofSouth Miami Land Development Code andallapplicable ordinances ofMiami-Dade County and the Cityof South Miami. Work covered under this contract shall also include and is not limited to maintenance oftraffic,andoff-dutyPoliceofficerif required, Work activity is limited to the hours from 7:00 a.m.through 6:00 p.m.,on weekdays from Monday through Friday. Site Location: The project locationisasingle family homelocatedat 6126 SW58 Street,South Miami, FL,33143. WHEN SUBMITTING THE BID PACKAGE,THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE FOR ALL WORK. Project Duration: Thetime required to complete to complete all workinthis project of the projectis 30 calendar days to final completion from issuance of Notice to Proceed. NOTE:A Performance and Payment Bond is not required for the full amount of the project. NON COLLUSION AFFIDAVIT STATEOF FLORIDA ) ) COUNTYOF MIAMI-DADE ) I VyA^fiAX^rv being first duly sworn,deposes and states that; (1)He/She/They isfere the J^aAAax^va)AAjajVnJaui^ (Owner,Partner,Officer,Ffepre9ent^tivfe"Or Agent)of "-^TUC-BO (3^eri>^>-L-LJZ-the Respondent that has submitted the attached Roposal;^ (2)He/9ie/They isfere fully informed conoerning theprepaationandcontentsofthe attadied ftoposal andof all pertinent ciraimstaiees concerning such Ftoposal; (3)SUch Rdposal is genuine andisnota collusive or sham Proposal; (4)Neither the said Respondent nor any ofits officers,partners,owners,ggents,-representative^ employees orpartiesin interest,including this affiant,ha/e inany way colluded,conspired,connived or agreed,directlyor indirectly,withanyother Respondent,firm,orpersonto submit acollusiveor sham Proposal inconnection with theWorkfor which theattached R-qposal hasbeen submitted;or to refrain from Bidding or proposing in connection with such Work;or ha/e in any manner,directly or indirectly,soutfti by arjeement or collusion,or communication,or conference with any Respondent,firm,or person to fix any overhead,profit,or cost elements ofthe Roposal orof any other Respondent,orto fix any overhead,profit,or cost elementsofthe Roposal Fttce orthe R-oposal Price ofanyother Respondent,ortosecure throu^i any collusion,conspiracy,conniyanoe, or unlawful qg-eement any advantage against (Recipient),or any personinterestedinthe proposed Work; (5)The price or prices quoted in the attached R*oposal are fair and proper and are not tainted by any oollusion,conspiracy,connivance,or unlawful agreement onthe part ofthe Respondent or any other ofits agents,representatives,owners,employees orpartiesofinterest,including this affiant. Sgied,sealedanddeliveredinthepresenceof: £=>>?3pg-gj2^W V^andoU &r&&b*jr-uT ACKNOWLEDGB/IBslT Rint Name and Title Octe STATEOF FLORIDA ) ) COUNTYOF MIAMI-DADE ) On this the <a da/of Jofy ,20 >y>,before me,the undersigned Notary Public of the Sate of Florida^personally appeared (Narrate)of individuals)who appeared beforenotay)jv\{ggADW/pgi.Sr^[i ffeflfrC aid whose name(s)is/ae Subscribed to the within instrument,aAdWshe/they acknowledge that he/she/they executed it. Thomas F.Pepe 02-23-15 15 WITNESSmyhandand official seal. NOTARY PUBLIC: SEM OF OFFICE Thorn as F.Pepe 02-23-15 16 'Nottf^blic,Sate of Rorida (NameofNotary Rjblic:Rint,Samp ortypeas commissioned.) s/Personallyknowntome,or Personal identification: Typeof Identification Produced Did take anoath,or Did Not takeano^h. PUBLIC ENTITY CRIMES AND CONFLICTSOF INTEREST Ftirsuant tothe provisions of Fferag-aph (2)(a)of Section 287.133,Rorida aate Satutes ^"A person or affiliate whohasbeenplacedon the convictedvendor list following a conviction forapublicentitycrimemay not submita Proposal orbidonaContracttoprovideany gDods orservicestoa public entity,maynot submit a Bid or proposal foraContrastwitha public entityfortheconstructionofrepairofa public building or public work,m^ not submit bidsor proposals on leases or real propertytoa public entity,m^notbe a/vaded toperformWork asaREEFONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant under a Contract with any public entity,and may not transact business with any public entity in excess ofthe threshold amount Category Twoof Section 287.017i Rorida Satutes,forthirtysix (36)monthsfromthedateof being placed onthe convicted vendor list". The awad ofanycontracthereunderis subject tothe provisions ofChapter 112,RoridaState StatutesL Respondents must disclose withtheir froposals,the name of any officer,director,patner,associate or ggent who isalsoan officer oremployeeoftheCityof Sbuth Miami orits agencies. SA/ORN STATB/IBJT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON FUBLIC ENTITY CRIMES THiSFORM MUST BE3GNS)AND SWORN TO IN THEPRE^JCEOFA NOTARY PUBLIC OROTHER OFRCIAL AUTHORIZE)TO ADMINISTER OATHS 1.This sworn statement is submitted to Cj&h <*7 Scroti MXAMXj [printnameofthepublicentity] by [printindividual'sname andtitle]_ for -rw*.^<^e*>P narne< Thomas F.Pepe 02-23-15 [printnameofentity submitting swornstatement] whose business address is I fffi*Hollaj^P 1>R ^^ and (if applicable)its Federal Bnployer Identification Number (FBN)is B I Pj>¥3:?Sfyfthe entityhasno FEIN,includethe Social SecurityNumberof the individual sgrimg thissworn steement: :s :•) 2.I understand thata "public entity crime"as defined in Raagaph 287.133 (1)(g),Rorida Qatutes. meansa violation ofany state or federal law byapersonwithrespecttoanddirectly related tothe transatfion of busnesswith any public entity or with an agency or political subdivision of any otherstate orofthe United States,including but not limited to,any bid,proposal or contract for goods or services tobeprovidedtoany public entityoran agency or political subdivision ofanyother state orofthe UnitedStatesand involving antitrust,fraud,theft*bribery,collusion,racketeering conspiray,ormaterial misrepresentation. 3.I understandthat "convicted"or "conviction"as defined in Raragaph 287.133(1)(b),Rorida •Statutes,meansa finding of guilt ora conviction ofa public entity prime,withorwithoutan adjudication of guilt,inany federal orstate trial courtofrecord relating to chages brouf/rt by indictment or informationafter JUly 1,1989,asaresultofajuryverdict,non-jurytrial,orentryofapleaof guilty or nolo contendere. 4.I understandthat an"affiliate"as defined in Raragraph 287.133 (1)(a),Rorida Statute^means: (a)Apredecessororsuccessorofapersonconvictedofapublicentitycrime;or (b)Anentity under the control of any natural personwhois active inthe management oftheentity andwhohasbeen convicted ofa public entity crime.Theterm "affiliate"includes those officers* directors,executives,patners,shaeholders,employees,members,andagentswho ae activein 17 the man^ement ofan affiliate.The ownership byone person of shaes constituting a controlling interest in any person,ora pooling of equipment or income among persons when not for fair maket value underanarm's length agreement,shall beaprima fate casethat one person controls another person.A person who knowingly enters into a joint venture with a person whohasbeen convicted ofa public entity crimein Rorida during the preceding 36 months shdl be considered an affiliate. I understand thata "person"as defined in R=rag-aph 287.133 (1)(e),Florida -Statutes means any natural person or entity organized under the lavs of any state orofthe United Sateswiththe legal power toenter into a binding contract and which bids or proposal or applies to bid or proposal on contractsforthe provision of goods or services let bya public entity,or which otherwise transactsor applies to transact business witha public entity.Theterm "person"includes those officers,directors, executives,patners,shaeholders,employees,members,andagentswho ae active in management 6fan entity. Based on informationand belief,the statement which I have maked below is true in relation tothe entity submitting thisswornstatement.[Indicate which statement applies.] Neithertheentity submitting thisswornstatement,nor any ofits officers,directors,executives, patners,shaeholders,employees,members,or agents who ae active inthe mana^ment ofthe entity, norany affiliate oftheentityhasbeen chaged withandconvictedofapublicentitycrimesubsequentto JUly 1,1989. ,The entitysubmittingthisswornstatement,or one or more ofits officers,directors,executives, patners,shaeholders,employees,members,oragentswho ae active inthe management ofthe entity, oran affiliate oftheentityhasbeenchagedwithand convicted ofa public entitycrime subsequent to JLily 1, Theentitysubmittingthis worn statement,or one or more ofitsofficersdirectors,executives, patners,shaeholders,employees,members,oragentswho ae activein the management of the entity, oran affiliate ofthe entity has been chaged with and convicted ofa public entity crime subsequent of JUly 1,1989.However,therehasbeena subsequent proceeding beforea Heaing Officer of the St£e of Rorida,Division of Administrative Heaings and the Final Order entered bythe Heaing Officer determinedthatitwasnotinthe public interesttoplacetheentity submitting thissworn steement on theconvictedvendor list,[attachacopyofthe final order.) I UNDERSTAND THAT THESUBMIS90N OFTHISFORMTOTHECONTRACTING OFRCB*FORTHEPUBLIC B^TITY INDBJTIRBD IN PARAGRAPH 1 (ON§ABOVE ISFORTHAT PUBLIC BMTITY ONLY,ANDTHAT THISFORM ISVAUD THROUGH DECB/IBBR 31OFTHE CALENDAR YB\R IN WHICH IT IS RLED.I Alja^UDBRSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC BMTITY PRIOR TO B4TERING INTO A^NTRACl\IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES TOR CATgZORY TWOOF ANY CHANGE IN THE INFORMATION CONTAINS)INTHISFORM. Sworntoand subscribed before me>his Personally known ORRoduced identification r .day of. rfagiature] Notay Public -State of. Mycommission expires. 7 L. iz//j//7 (Typeof identification) FormPUR7068 (Rev.06/11/92) (Rinted,typedor stamped commissioned nameof notay public) ThomasF.Pepe 02-23-15 AiiAiiiiii i*i*hif PRISCILLAfiEESE Noia*yPublic-Stateof f tofWa MyConim.Expires Oec 11,f$17 .Commission #FF 075804 w m ^'iijpi^i upiup |v*v 18 DRUG FREE WORKPLACE Whenever two or more Bids or FVoposals which ae equal with respect to price,quality and service ae received by the Sate or by any political subdivisions for the procurement of commodities or contractual services,a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace prog-am shail be gven preference in the awad process Established procedure$for processing tie Bids or Roposalsshail be followed if none of the tied vendors have a drug-free workplace prog-am.In order to ha/e a drug-free workplace program,a buaness shall; 1)Publish astatement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or use ofa controlled substance is prohibited in the workplace and specifying the actionsthat shall betaken against employees for violations of such prohibition. 2)Inform employees about the dangers of drug abuse in the workplace,the business*policy of maintaining adrug-free workplace,any available drug counseling,rehabilitation,and employee assistance prog-ans,andthe penalties that mey be imposed upon employees fordrugabuse violations. 3)Giveeach employee engaged in providing the commodities or contractual services that ae under Bid acopyofthe statement specified in Subsection (1). 4)In the statement specified in Subsection (1),notify the employees,that,asa condition of working ofthe commodities or contractual services that ae under Bid,he employee shall,abide by the termsofthe statement and shall notify the employee of any conviction of,or pieaof jguilty or nolo contendere to,any violation ofChapter893orof any controlled substance taw oftheUnited States or any state,for a violation occurring inthe workplace no later than five (5)business d^s after such conviction. 5)Impose a sanction on,or require the satisfactory paticipation in adrugabuse assistance or rehabilitation program,ifsuch is a/ailable inthe employee's community,byany employee whois so convicted. 6)Make a good faith effort to continu^e-n^lntain a drug^-free workplace through implementeion of this section. As the person authorized to sign the statement/l certifyVpd this firm complies fully with the above requirements RBSPONDBMT'sagiature: Fttnt Nam /VU X^J^T)/^ '-7)gln,Date: Thomas F.Pepe 02-23-15 19 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We>~^fy&&<^>(B^OXj^>t(Name of CONTRACTOR),hereby acknowledge and gjee that as CONTRACTORfor thelnvitation Quote projectas specified inthesolicitation documentshaze thesole responsibility for compliance with all the requirements ofthe Federal Occupational Sfety and Health Actof1970, and all Sate and local safety andhealth regulations,and ajee to indemnify andhold hamlessthe Cityof South Miami andJNLA_(Consultant)against anyand all liability,claims,damages,lossesandexpehses.they m^incurdue to the failureof (Sub-contractor's names): -tB>nx tocomplywithsuchactor regulation CONTRACTOR BY:i Name \J\|<r*^Qgp)fO Title MQl^ffif'K&fVNW AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person,orentity,whois responding totheCity's solicitation,hereinafter referredto as"Respondent",must certify that the Respondent's name Does Not appea on the State of Rorida,Department of Management S&rvioes, "CONVICTS),SUSWDBD,DISCRIMINATORY FEDERAL BCCLUDBD PARTIESaidCOMPljMNTSVBslDOR LISTINGS'. If the Respondent's name Doesappeaononeor all the"ListingsT summarized below,Respondents must "Check if Applies?next tothe applicable"Listing"The"Listings"can be accessed throu^i the following link to the Rorida Depatment of Management Services website: http://www.dms.myfloridaoom/business_operations/st ate^purchasin^vendorjnform^ion/convictedsijsp endeddiscriminatorycomplants vendor Jists DECLARATION UNDER PENALTY OF PERJURY I,Jy ^-fflAY>lh*-(hereinafter referred to as the "Declarant")State,under penalty of perjury, that the following statements ae true and correct:• (.1)Irepresent the Respondent whose name is ""TVa-BG <S*?en>£>.•*-^C m (2)Ihate the following relationship with the Respondent M*u^^x^yv>^^(if Respondent is a sole proprietor),Resident (if Respondent is acorporation)Partner (if Respondent is apartnership),General Partner (if Respondent isa Limited Partnership)or Maiagng Member>(if Respondent isa Limited Liability Company). (3)I ha/e reviewed the Rorida Depatment of Management Services website a the following URL address: http://wwwxlm^ scriminatory_complaintsj/endorJists (4)I have entered an"x"or aeheck mark beside each listingtetegory set forth below ifthe respondent's name appears inthe list found ohthe Rorida Depatment of Management Services website for that c^egory or listing If I did notenter amakbesidealisting^c^egoryit means that lam attesting tothe fact thatthe Respondent's name doesnotappeaonthe listing for that category in the Rorida Depatment of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List DiscriminatoryVendor List Federal B<ctuded Rarties list VendorComplaintList FURTHER DECLARANT SAYETH NOT.Ny 4£j<btJJ (R-int nameof Declapsmtf• ACKNOWLEDGEMENT STATE OFFLORIDA) COUNTY OFMIAMI-DADE) OnthistheA da/of J"'u ~'^ appeared IV day of. following identificatl foregoing Affidavit as the Declarant. iulij WITN ESS myhandand official seal. Ni5iwBL,|C^«jA |Notary Public -State of HoiWa ^/My Comm.Expires Dec 11.801/1 <&*Commission #Ff 078804 • Thomas F.Pepe 02-23-15 ^P"m »w .,20 ,beforeme,the undersigned authority,personally whoispersonallyknowto me or who provided the ,and whotook an oath or aWirmed that that he/she/they executed the 21 Notary FUblic,StateofRorida (Nameof Notay FUblic:Rint, Stamportypeascommissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM I /l/y -mAfr/N*individually aid on behalf of t~^i^aR<g>/g£».g'Uft L^-Q ("Firrrf )ha/e Name of representative Company/Venda/Btity read the City of South Miami ("Citfys Code oTf Bhics> Sfection 8A-1 ofthe City's Codeof Ordinancesand I hereby certify,under penalty ofperjurythattothebestofmy knowledge,informationand belief: (1)neither I nor the Firm ha^e any conflict ofinterest(as defined insection8A-1)withregardtothecontractor businessthat I,and/or the Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I norany employees,officers*directorsof the Rrm,noranyonewhohasa financial interestgreater than 5%in the Firm,has any re&ive(s),as defined in section 8A-1,whoisan employee oftheCityorwho is(are) anappointedorelected official of the City,orwhois(are)amemberofany public bodycreatedbytheCity Commission,i.e.,aboardorcommitteeofthe City,[whiletheethics code still applies,if the personexecutingthis formisdoingsoon behalf ofafirmwhosestockis publicly traded,thestatementinthissection(2)shall bebased solelyonthesignatory'spersonal knowledgB and he/she isnot required tomakean independent investigation asto therelationshipofemployeesor those who ha^e a financial interestinthe Firm.];and (3)neither I nor the Firm,noranyonewhohasa financial interest g*e^er than5%in the Rrm,noranymemberof those persons?immediatefamily (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoanycontract(s)withtheCityorhasa financial interest,director'indirect,inanybusinessbeingtransacted with the city,orwithanypersonoragencyactingforthecity,otherthanas follows: _nrrrv-^ _(use (if necessary,usea separate sheet to supply additional information that will not fit onthis line;however,you mustmake reference,on the above line,to the additional sheet andtheadditional sheet mustbesignedunder oath),[while the ethicscodestill applies,ifthepersonexecutingthisformisdoingsoonbehalfof afirm whose stock is publicly traded,the statement In this section (3)shall be based solely onthe signatory's personal knowledge and he/she isnotrequiredtomakean independent investigation astothe relationship ofthosewho ha/e a financial interest in the Firm.];and (4)noelectedand/or appointed official or employee oftheCityofSouth Miami,or any oftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)hasa financial interest,directly or indirectly,inthe contractbetweenyouand/oryourRrmandtheCityotherthanthe following individuals whoseinterestisset forth following their use a separate names:jAr^yy^L.. (if necessary,useaseparatesheetto supply additional information that will not fit onthis line;however,you must makereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed underoath). Thenamesof all Cityemployeesandthatof all electedand/or appointed city officials orboard members,who own,directly or indirectly,an interest of five percent {5°/$ormoreofthetotalassetsof capital stockinthe firm *easfollows:r>>erY\-€_ (If necessary,useaseparatesheetto supply additional information that will not fit onthis line;however,you must makereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed underoath).* [while theethicscode still applies,iftheperson executing thisformisdoingsoon behalf ofafirmwhosestockis publicly traded,the statementinthissection(4)shall bebasedsolelyon the signatory'spersonal knowledge and he/she isnotrequiredtomakean independent investigation astothe financial interestintheRrmofcity employees,appointed officials orthe immediate family membersofelectedand/orappointed official or employee.] (5)I andtheRrmfurther ag*ee nottouseorattempttouseany knowledge,propertyorresource which may come to usthrou^n ourpositionoftrust,orthroughourperformanceofourdutiesunderthe terms of the contractwiththeCity,tosecurea special privilege,benefit,orexemptionfor ourselves,or others Weag-eethat we maynotdiscloseor U9e information,not a/ailable to members of the generalpublic,forourpersonalgainor benefitorfor the personalgainorbenefitofanyotherpersonorbusinessentity,outside of the normalgainor benefitanticipated throu^n theperformanceofthecontract. (6)I andthe Firm herebyacknowledgethatwehavenotcontractedortransactedanybusinesswiththeCityor anypersonor ggsncy actingfor the City,andthatwe ha/e notappearedin representation ofanythirdparty before any board,commissionoragencyoftheCitywithin the pasttwo years other thanas ThomasF.Pepe 02-23-15 22 follows AO^^;(if necessary,use a separate sheet to supplyadditionalinformationthatwill not fitonthisline;however,you must make reference,onthe above line,tothe additional sheetandthe additional sheetmustbe signed underoath). XARirch^in^Vendor Regstrction\12.28.12 RB-ATBD PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I norany employees,officers,ordirectorsofthe Firm,noranyof their immediatefamily (i.e.,asa spouse,son,daughter,parent,brotheror sister)isrelatedby blood or marriage to:(i)any member of the City Commission;(ii)anycity employee;or (iii)anymemberofanyboardor agency oftheCityotherthanas follows: •ArxYV^L (if necessary,use a separate sheet to supply additional information that will not fit onthis line;however,you must make reference,ontheabove line,tothe additional she&and the additional sheet must be signed under oath),[while theethicscode still applies,iftheperson executing thisform is doing soon behalf ofa firm whose stock is publicly traded,the statement in thissection (7) shallbebased solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation astothe relationship by blood or marriage of employees,officers,or directors ofthe Firm,orof any of their immediate family to any appointed or elected officials ofthe City,orto their immediate family members], (8)NoOther Firm,nor any officers or directorsof thatOther Firm or anyone whohas a financial interest g*eater than 5%inthatOther Rrm,nor any member ofthose persons'immediate family (i.e.,spouse,parents,children, brothersandsisters)nor any of my immediate family members (hereinafter referred toas"Related RartiesO has responded toa solicitation by the City in which I orthe Firm that I represent or anyone whohasa financial interest geater than5%intheRrm,orany member,ofthose persons'immedide family (i.e.spouse,parents, Children,brothersand sisters)have also responded,other than the following necessary,usea separate sheettosupply additional information that will notfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional shed:must be signed under oath), [while theethicscode still applies,ifthe person executing thisform isdoingsoon behalf ofa firm whosestockis publicly traded,the statementinthissection(8)shall be based solely on the signatory's personal knowledge and he/she isnotrequiredto make an independent investigation into theOther Firm,orthe Rrm he/she representsas totheir officers,directorsor anyone hay/ing a financial interest inthose Firms'or anyof their any member ofthose persons'immediate family.] (9)I and theRrm ag-ee that we ae obligated to supplement thisVerification Form and inform the City of any change in circumstances thatwould change our answerstothis document.Specifically,afterthe opening ofany responsestoa solicitation,I andtheRrm have an obligation to supplement this Verific^ion Form with thenameof all Related Forties who have alsorespondedtothesame solicitation andto disclose the relationship ofthose partiestomeand the Firm. (10)A violation oftheCity'sEthicsCode,the giving ofany false information orthefailureto supplement this Verification Form,may subject me or theRrmto immediate termination of any ageement with the City,andthe imposition ofthe maximum finejand/or any penalties allowed by law.Additionally,violations may be considered by and subject to action by the^Wliarii-'Dade County Commission on Ethics Under penalty of perjury,I declare that I ha/e made a diligsnt effort/to investigjate the matters to which I iam attesting hereinabove and that the statements made heranabovepr^RjA and cprrect to the best of my knowledge,information iand belief. agnature;. Print Nane &Title W>|fJ$A&)-N)AA^^a^y /KOiK^^ Date: Thorn asF.Pepe 02-23-15 23 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Dea'gnation. Thissection shall be designated andknownasthe"Cityof Scuth Miami Conflict ofInterestandCodeof Bhics Ordinance."Thissection shall be applicable to all city personnel asdefined below,and shall also constitute a standardofethicalconductand behavior for all autonomouspersonnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.The provisions ofthissection shall be applied ina cumulative manner.By way ofexample,andnotasa limitation,subsections(c)and(d)maybeappliedto the samecontractortransaction. (b)Definitions Forthe purposes ofthissection the following definitionsshallbe effective: (1)Theterm "commission membersf'shall refer tothe ma/or andthemembersofthecity commission. (2)Theterm"autonomous personnel"shall refertothemembersofautonomous authorities,boardsand agencies, suchasthecitycommunityredevelopment agency andthehealthfacilitiesauthority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,theenvironmentalreview andpreservationboard,the code enforcementboardandsuch other individuals,boards and agenciesof the cityas perform quasi-judicial functions. (4)Theterm"advisorypersonnel"shall refertothemembersof those city advisory boardsandagencieswhose soleorprimaryresponsibilityis to recommendlegsiationorgiveadvicetothecitycommission. (5)The term "depatmental personnel"shall refertothecityclerk,the citymanager,depatment heads,the city attorney,and all assistantsto the cityclerk,citymanagerandcityattorney,howevertitled. (6)The term "employees^shall refer toall other personnelemployedby the city. (7)The term "compensation"shallrefertoanymoney,gft,fa^or,thingofvalueor financial benefit conferred,or to be conferred,in return for services rendered or to be rendered. (8)The term "controlling financial interest"shallrefertoownership,directlyorindirectly,often percent or more of the outstanding capital stock inany corporation oradirectorindirect interest of ten percent or more ina firm, patnership,or other business entity atthetimeoftransactingbusinesswith the city. (9)Theterm"immediate family1'shall refertothespouse,paents,children,brothers andsistersoftheperson involved. (10)Theterm"transactany business shall refertothepurchaseorsaleby the cityof specific goodsorservioes forconsiderationandtosubmittingabid,aproposalinresponse to a RFP,a statement of qualific^ions inresponse toarequestby the city,or entering intocontractnegotiationsfor the provision onany goods orservices,whichever first occurs (c)Prohibition on transacting business with the city. Nopersonincludedinthe terms definedin paagaphs (b)(1)throur^n (6)andin paagaph (b)(9)shall enterinto anycontractortransactanybusinessinwhich thd person oramemberof the immediate family hasa financial interest,directorindirectwith the cityoranypersonor agency actingforthe city,andanysuchcontract, ggeement or business engagement entered in violdion ofthis subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.Nothinginthissubsection shall prohibit ormake illegal: (1)The p^ment of taxes,special assessmentsorfeesforservicesprovidedbythecity government; (2)Thepurchaseofbonds,anticipation notesorothersecuritiesthatmaybeissuedbythecity throucfr underwriters ordirectlyfrom time totime. Waiver of prohibition.Therequirementsofthissubsection ma/bewaivedfora paticula transactiononlybyfour affirmative votesofthe city commission after public heaing upon finding th£: (1)Anopen-to-allsealedcompetitive proposal hasbeensubmittedbyacitypersonas defined in paagaphs (b)(2), (3)aid (4); (2)Theproposalhasbeensubmittedbyapersonor firm offering services within the scope ofthepracticeof architecture,professionalengneering,or regstered land surveying,asdefinedbythe ia/vs ofthestateand pursuanttotheprovisionsof the Consultants'CompetitiveNegotiation Act,andwhen the proposalhasbeen submittedbyacitypersondefinedin paagaphs (b)(2),(3)and(4); (3)The property or services tobe involved in the proposed transaction ae uniqueand the citycannota/ailitself ofsuch property orservices without enteringatransactionwhichwouldviolatethissubsectionbutforwaiverof its requirements;and (4)That the proposed transaction willbeinthebestinterestof the city. Thissubsection shall be applicable onlyto prospective transactions,and the city commission mayinnocase ratify a transaction entered in violation of this subsection. RcMSicns cumulativeThis subsection shall betaken tobe cumuiaive andshallnotbe construed toamendorrepeal any other law pertaining to the same subjectmatter. (d)Further prohibition on transacting business with the city. Thomas F.Pepe 02-23-15 24 Noperson included intheterms defined in paagaphs (b)(1)throufjn (6)andin paagaph (b)(9)shall enter into anycontractortransactanybusinessthrouf/i afirm,corporation,patnership orbusinessentityinwhichthat person or any member ofthe immediate family hasa controlling financial interest,director indirect,with the city oranypersonor agency actingforthe city,andanysuchcontract,ageement orbusiness engagement entered in violation ofthis subsection shall render the transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothis subsection as though incorporated by recitation. Additionally,noperson included intheterm defined inpaagaph (b)(1)shall voteonor participate in aiy wayin anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationships withanyofthe personsorentitieswhich would beor mif/it be directly or indirectly affected byanyactionofthe city commission: (1)Officer,director,patner,of counsel,consultant,employee,fiduciay or beneficiay;or (2)Stockholder,bondholder,debtor,or creditor,ifin any instance the transaction ormatter would affect the persondefinedin pasigaph (b)(1)inamanner distinct fromthemannerinwhichitwould affect thepublic generally.Any person included intheterm defined in paagaph (b)(1)whohasanyofthe specified relationships orwho would or mi^nt,directly or indirectly,realize a profit by the action ofthecity commission shall notvoteon or paticipate inanywayin the matter. (E)Gifts (1)Definition.Theterm "gift"shall refertothetransferof anything ofeconomicvalue,whetherintheformof money,service,loan,tray/el,entertainment,hospit^ity,itemorpromise,orinany other form,without adequate andlawful consideration. (2)Exceptions The provisions of paagaph (e)(1)shall not apply to: a Fblitical contributions specifically authorizedbystate law; b.Giftsfrom relatives or members ofone's household,unless the person isa conduit on behalf ofathird paty to the delivery ofagftthatisprohibitedunder paagaph(3); c.Awadsfor professionalorcivicachievement; d.Material suchas books,reports,periodicals or pamphlets which ae solely informational orof ai advertising nature. (3)Prohibitions Apersondescribedin paagaphs (b)(1)throuc^n (6)shall neither solicit nordemandanygft.Itis also unlawful foranypersonorentitytooffer,gveor agee to gve toanyperson included inthetermsdefinedin paagaphs (b)(1)throucji (6),orforanyperson included inthe terms definedin paagaphs (b)(1)throucjn (6)to acceptor agee toacceptfrom another person orentity,ay gftforor because of: aAn official publicactiontaken,ortobetaken,orwhichcouldbetaken,oranomissionorfailureto take apublic action; b.A legal duty performed ortobeperformed,orwhichcouldbeperformed,oranomissionorfailuretoperform a legal duty; c.A legal dutyviolatedortobeviolated,orwhichcouldbeviolatedbyanypersonincludedinthetermdefinedin paag*aph (b)(1);or d.Attendanceorabsencefromapublic meeting atwhich official actionistobetaken. (4)Disdosure Anyperson included intheterm defined in paarjaphs (b)(1)throucjn (6)shall discloseanygft,or seriesof gfts fromanyonepersonorentity,having avalueinexcessof$25.00.Thedisclosure shall bemadeby filing acopyofthedisclosureformrequiredbychapter112,RoridaStatutes,for "local officer^'withthecityclerk simultaneously withthe filing oftheformwiththeclerkof the countyandwiththe Rorida Sfecretay of St£e. (f)Compulsory disclosure by employees offirmsdoingbusinesswith the city. Siould anyperson included inthetermsdefinedin paagaphs (b)(1)throucji (6)beemployedbyacorporation, firm,patnership orbusinessentityin which thatpersonorthe immediate family doesnotha/ea controlling financial interest,andshouldthecorporation,firm,patnershipor business entityhave substantial business commitmentstoorfrom the cityoranycity agency,orbesubjecttodirectregulationbythecityoracity agency, thentheperson shall file asworn statement disclosing such employment andinterestwiththe clerk ofthe city. (g)Exploitation ofofficial position prohibited. Noperson included intheterms defined in paagaphs (b )(1)throu^i (6)shall corruptlyuseor attempt tousean official positiontosecure special privileges orexemptionsforthatpersonor others (h)Prohibition onuseof confidential information. No person included intheterms defined inpaagaphs (b)(1)throu^n (6)shdi accept employment or engaga in anybusinessorprofessionalactivitywhich one micfit . reasonably expect would requireor induce oneto disclose confidential information acquired by reason ofan 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 gainorbenefit. Thomas F.Pepe 02-23-15 25 (i)Conflicting employment prohibited. Noperson included in the terms definedin paagaphs (b)(1)throuc^i (6)shallacceptotheremploymentwhich wouldimpair independence of judgment in the performanceofanypublic duties (j)Prohibition on outside employment. (1)Nopersonincludedin the terms definedin paagaphs (b)(6)shall receiveanycompensationfor services asan officer oremployeeofthecityfromanysourceotherthan the city,exceptasmaybepermittedasfollows a Gsnaally prohibited.No full-time cityemployee shall acceptoutsideemployment,either incidental,occasionalor otherwise,wherecitytime,equipmentor material istobeusedor where suchemploymentorany pat thereof is tobe performed oncitytime. b.When permitted.Afull-timecityemployeemayacceptincidentaloroccasionaloutsideemploymentsolongas suchemploymentisnot contray,detrimentaloradversetotheinterestof the cityoranyof itsdepatmentsand the approvalrequiredin subpaagaph c.isobtained. c.Approvalof depatment headrequired.Anyoutside employment byanyfull-timecity employee mustfirstbe approvedinwritingby the employee's depatment headwho shall maintaina complete record ofsuch employment. d.Ffenalty.Anypersonconvictedof violating any provision ofthissubsection shall be punished asprovidedin section1-11ofthe Code of Miami-Dade County and,inaddition shall besubjectto dismissal bytheappointing authority.Thecitymayalsoassess against aviolatorafinenottoexceed$500.00andthe costs of investigation incurred by the city. (2)All full-time cityemployeesengagedinanyoutsideemploymentforanyperson,firm,corporation orentity other thanthecity,oranyofitsagenciesorinstrumentalities,shall file,underoath,an annual report indicating the source of the outsde employment,the nature ofthe work beingdoneandanyamountof money or other consideration reoeivedby the employeefromtheoutsideemployment.Cityemployee reports shallbe filed with thecityclerk.The reports shall be available atareasonabletimeandplacefor inspection by the public.Thecity manager m^require monthly reports from individual employees or goups ofemployeesforgood cause.. (k)Prohibited investments Noperson included in the terms definedin paagaphs (b)(1)throucfi(6)oramemberof the immediate family shallhavepersonal investments inany enterprise whichwill create asubstantial conflict between private interests aid the public interest. (I)Certain appearances and payment prohibited. (1)Noperson included in the termsdefinedin paagaphs (b)(1),(5)and(6)shall appea beforeanycity boad or agencyandmakea presentation onbehalfofathirdpersonwithrespect to anymatter,license,contract, certificate,ruling,decision,opinion,rate schedule franchise,orotherbenefit soucjit bythe third person.Norshall the personreceiveany compensation orgft,directlyorindirectly,for services renderedto athird person,who hasappliedfororisseekingsomebenefitfromthecityoracity ggency,inconnectionwith the paticuia benefit soucjnt bythethirdperson.Nor shall the person appea inanycourtor before anyadministrativetribunal as counselor legal advisortoa paty whoseeks legal relief from the cityoracityagency throucfi the suitinquestion. (2)Nopersonincludedin the terms definedin paggaphs (b)(2),(3)and(4)shall appea beforethecity commissionoragencyonwhichthe person serves,eitherdirectlyor throucfn ai associate,andmakea presentationonbehalfof athird personwithrespecttoanymatter,license,contract,certificate,ruling decision, opinion,rateschedule,franchise,or other benefit souc^nt bythethirdperson.Nor shall such person receiveany 'compensation orgft,directly or indirectly,for servioes rendered to athird paty who has applied for orisseeking some benefit from the citycommissionor agency onwhich the person serves inconnectionwiththe paticuia benefit soucjit by the third paty.Norshalltheperson appea inanycourtorbeforeanyadministrativetribunal as counselor legal advisorto athird paty whoseeks legal relieffromthecitycommissionoragencyon which such person serves throucfi the suitin question, (m)Actions-prohibited when financial interests involved. Noperson included inthe terms definedin paagaphs (b)(1)throuc^i (6)shall participle inany official action directlyorindirectlyaffectingabusinessinwhichthat person oranymemberoftheimmediate family hasa financial interest.Afinancial interest isdefinedinthis subsection toinclude,but not belimitedto,anydirect or indirectinterestinanyinvestment,equity,or debt, (n)Acquiring financial interests Nopersonincludedin the terms definedin paagaphs (b)(1)throucfi (6)shallacquirea financial interestina project,businessentityor property a atimewhenthe person believes orhasreasontobelievethatthe financial interest ma/bedirectlyaffectedby official actionsorby official actionsby the city or cityagencyof which the person isan official,officer or employee.k (0)Recommending professional services. ThomasF.Pepe 02-23-15 26 Nopersonincludedinthe terms definedin paagaphs (b)(1)throuc^i (4)m^recommendtheservices of any lawyerorlawfirm,achitect or achitecturai firm,public relations firm,or any other person or firm,professional or otherwise,to assistinany transaction involving the cityoranyofitsagencies,providedthata recommendation may properly bemadewhen required tobemadeby the duties of officeandinadvance £apublicmeetingattendedbyothercity officials,officersor employees (p)Continuing application aftercity service.' (1)Noperson included inthe terms definedin paagaphs (b)(1),(5)ad (6)shall,foraperiodoftwo yeas after hisorhercityserviceoremploymenthasceased,lobby anycity officii [as definedin paagaphs (b)(1)throu^i (6)]inconnectionwith ay judicial orotherproceeding application,RFP,RFQ,bid,requestfor rulingorotherdetermination,contract,claim,controversy,chage,accusation,arest orother paticuia subject matterinwhich the cityor one ofitsagenciesisa paty orhas ay interestwhatever,whetherdirectorindirect. Nothingcontainedinthis subsection shall prohibit any individual from submitting aroutine administrative request or application toacity depatment or agency duringthe two-yea periodafterhisorherservicehasceased. (2)Theprovisionsofthesubsection shall not apply topersonswhobecomeemployedby governmental entities, 501(c)(3)non-profit entitiesor educational institutions or entities,ad who lobby on behalf ofthoseentitiesin their official capacities. (3)Theprovisionsofthissubsection shall apply to all personsdescribedin paagaph (p)(1)whosecityserviceor employment ceased after the effective date ofthe ordinance fromwhichthis section derives (4)Nopersondescribedin paagaph (p)(1)whosecityserviceor employment ceased within two yeas priorto the effective dateofthisordinance shall foraperiodoftwo yeas afterhisorherserviceor employment enter intoa lobbying contractto lobby anycity official in connection with ay subject described inparagaph (p)(1)in which thecityoroneofits agencies isa paty orhas ay direct ad substantial interest;andinwhichheorshe paticipateddirectlyor indirectly throucjn decision,approval,disapproval,recommendation,therenderingof advice,investigation,orotherwise,duringhisorher city serviceor employment.Apersonpaticipated "directly" whereheorshewas substantially involved inthe paticuia subject matter throuc^i decision,approval,disapproval, recommendation,the renderingof advice,investigation,orotherwise,duringhisorhercityserviceor employment.Aperson paticipated "indirectly"whereheorshe knowincjy paticipated in ay w^r inthe paticuia subjectmatter throur/i decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityserviceor employment.All personscoveredbythis paargaph shall executean affidati/it on aform approvedbythecityattorneypriorto lobbying anycity official ^testing thatthe requirementsofthissubsectiondonotprecludethepersonfrom lobbying city officials (5)Anypersonwhoviolatesthissubsection shall besubjecttothepenaltiesprovidedinsection 8A-2(p). (q)City attorney to render opinions on request. Wheneveranyperson included intheterms defined in paagaphs (b)(1)throuc^i (6)and paggaph (b)(9)isin doubtastotheproperinterpretationor application ofthis conflict ofinterestandcodeofethics ordinanoe,or wheneveranypersonwho renders servicestothecityisindoubtasto the applicability oftheordinance tha person,m^submittothecityattorneya full writtenstatementofthefactsandquestionsThecityattorney shall thenrender a opiniontosuchpersonand shall publish these opinionswithoutuseof the nameoftheperson advisedunless the personpermitstheuseofaname. (ad.No.6-99-1680,§2,3-2-99) Editors note-Ord.No.6:99-1680,§1,adopted 3-2-99,repealed §§8A-1 and 8A-2 in their entirety and replaced them withnew§§ 8A-1 and 8A-2.Former §§8A-1 ad 8A-2pertainedto declaation of policy and definitions,respectively,ad derivedfromOrd.No.634,§§1 (1A-1),1 (1A-2)adopted Jan.11,1969. Thomas F.Pepe 02-23-15 BMDOF^CTION 27 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION ThislMfidavitlfelM thelfle^ttlolrlegister (members©^ 2206[(fc)(9),fanylperson(^hol3p^ before(MDtyCtertification,[^ affidavit[?HX>vided%[t!he^ filedftyotaffOMthaheffl^ Manager.Differ fthe[^ the@xc«ptionl3fQnylpers^^ registrationfflees.(iNofpersonf^all Appear IbeforelanyffJommi^ haslfteenlBsted{3s[j&art[Mffl^ registered {WithltheLCntyflHerk*^^ F\jrsuantlItoa92.525(2)Xfloridai:aatutes.(:the[lindersiqned.n \vxl ^AX>f(^.OnnakesahecfollowinQQ dedarationfQnderipenalty©f[perjury:G Ustedrbelowareailtlftdividua^ represents.llffleaseffliote;[ftlorpersonlShall (appear f&ef orellny COommitteelBnfoehalf ®fQnyoneOGmlessfoeG orEhetftastbeenfflstediasf]^ or@hefifelEegisteredlMhffte^ fees.D NAMBTi D TITLED /vv(^JffA^l/^Ma^qq^y?MSLA^k^e^ n o n Fbrfflhe[p>urpo9e[Mttlhis[Midavita^ withOheaxceptionGfoftany paytanylEegistrationlfeesJI^ timeifheiDommittee'srproposa^ Under Ipenaltiesl3ffperjury,[l3ae^ infitl^elfrueandSpedfic^ theSntityillstedlBelowD DcecutedlfhisD SgnatureWffi€pre9enlativeU ,n im FVintCSJameSmdlTitten GGG Rint f^annelr3f(SntitylBeinglrfepresentedD Thomas F.Pepe 02-23-15 BsID OF SECTION 28 South'Miami THECITYOF PLEASANT LIVING ADDENDUM No.#1 Project Name:Demolition Services ITQ NO.BD20I6-I3 Date:July 7,2016 Sent:Fax/E-mail/webpage •si \\%W^> This addendum submission is issued to clarify,supplement and/or modify the previousiy issued Solicitation,and is hereby made partofthe Documents.All requirements ofthe Documents hot modified herein shall remain in full force and effect as originally set forth.It shall bethe sole responsibility ofthebidderto secure Addendums that may be issued fora specific solicitation. QUESTION #1: In regards to ITQ #BD2016^13,locatedat 6126 SW58 Street South Miami,FL,I havetwo questions: (1)Has ah Asbestos Survey been done onthe above mentioned property? (2)Wouldyoubeinterested in selling this houseandlotas is? RESPONSE: (1)Asbestos surveys are not required by the Florida Building Codefor demolition ofa single family residence. (2)Thehouse is notoursto sell.It isnotownedbythe City. Note:Pleasereferto the report from Miami-Dade County's UnsafeStructuresBoard, attached to Addendum No.I,legallyauthorizing the demolition of the subject property. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of 1 South'Miami THECITY 0I:W-EASANT LIVING ADDENDUM No-#2 Project Name:Demolition Services ITQ NO.BD20I6-I3 Date:July8,2016 Sent:Fax/E-mail/webpage ^[\^> This addendumsubmissionisissuedto clarify,supplement and/or modify thepreviouslyissued Solicitation,and is herebymadepartoftheDocuments.All requirementsoftheDocumentsnot modifiedhereinshallremainin full forceandeffect as originally set forth.Itshallbethe sole responsibilityof the bidder to secure Addendums that maybeissuedforaspecificsolicitation. QUESTION #1; Areweresponsibletoobtainanasbestos report forthe building department tobeabletoget the permit? RESPONSE: Please refer to Addendum No.I. OUESTION#2: If itisall possible toallocatean allowance forseriesofpermit involve withthisprojectsuchas (Building,Electrical,Mechanical,Plumbing)since wedon'thaveanexactcostof such permits bytheCityof South Miami. RESPONSE: Building and related permitfeesarewaivedforpermitsissueddirectlybytheCityofSouth Miami Building Division.Permit fees will applyfor permits issuedby other governmental agenciesandshallbetheresponsibilityoftheCONTRACTOR.CONTRACTORSare responsible tofileforall related permits associatedforthis project. Page1 of2 South^Miami THECITYOFPLEASANTLIVING ADDENDUM No.#3 Project Name:Demolition Services ITQ NO.BD20I6-I3 Date:July 18,2016 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Solicitation,and is hereby made part ofthe Documents.All requirements ofthe Documents not modified herein shall remain in full force and effect as originally set forth.It shall bethe sole responsibility of the bidder to secure Addendums thayrtf$y\be issued for a specific solicitation. Whatis cities budget?' RESPONSE: The City does not have a line item budget amount published in the City's 2016 Adopted Budget forthis project IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of 1 EXHIBIT #3 CONTRACT "Demolition Services" BTQ#BD20I6-I3 THIS CONTRACT,entered into this H day of August.2016.by the CITY OF SOUTH MIAMI through its Manager,both of whom shall be hereinafter referred to as the "CITY"where applicable;located at 6130 Sunset Drive.South Miami,FL .E-mail: salexandy@sputhmiamiflrgQv and The BG Group.LLC with an office and principal place of business located at I NO Holland Dr.*I9 Bora Raton.FL 33487 and E-mail address of ivy@bgdemolitiion.com (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY is in needof Demolition See-vices;and WHEREAS,the CITY desires to retain the CONTRACTOR to provide the required goods and/or services based on the CONTRACTOR'S representations that it is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements;and WHEREAS,the CONTRACTOR has agreed to provide the required goods and/or servicesin accordance with the terms andconditions set forthherein. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the parties agreeas follows: 1)Engagement off Contractor:Based on the representations of the CONTRACTOR as set out in the following "checked"documents the CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal,quote or response to solicitation,whichever is applicable,as modified by the Contract Documents,or as is otherwise set forth in theContraa Documents defined below (all of which is hereinafter referredtoastheWork"). (Check thebox immediately preceding the document described below to indicate that such document ispartof this contract) VContractor's response to the CITY's written solicitation;or VContractor's proposal or quote,or if none, •As described in paragraph 2 below. 2)Contract Documents:The Contract Documents shall include this Contract and the following "checked documents",as well as any attachments or exhibits thatare made a part ofanyof the "checked documents". (Check thebox immediately preceding the document described below to Indicate that such document is partof this contract) V General Conditions to Contract, V Supplementary Conditions, V"Other Documents"referring to in this contract and signed by the parties, VSolicitation documents ("hereinafter referred to as "Bid Documents"including any request for bid,request for proposal or similar request) >/Scope of Services, VContractors response to the CITY's Bid Documents, V Contractor's proposal or quote, VCITY's Insurance &Indemnification Requirements, d Bonding of Employees (the term "employee",as used in this contract,shall include volunteers)-$1,000,000 aPaymentBond, •Performance Bond, This Contract and the General Conditions to Contract.Supplementary Conditions,the Solicitation,Scope of Services and "Other Documents",if any are "checked documents",shall take precedent over the response to the CITY's Bid Documents,the proposal or the quote,if any.The "checked documents"are attached hereto and made a part hereof by reference. 3)Date off Commencement:The CONTRACTOR shall commence the performance of the Work under this Contract on TBD or a date to be specified in a Notice to Proceed,or Purchase Order,(hereinafter referred to as the "Work Commencement Date"), and shall complete the performance hereunder within 30 calendar days or the length of time set forth in the Contract Documents,whichever is the shorter period of time.Time is of the essence. 4)Primary Contacts:The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"),assistant Manager,or the Manager's designee,who shall be designated in a writing signed by the Manager.The Primary Contact Person forthe CONTRACTOR and his/her contact information is as follows:Name: »vy Fracjin e-mail:ivy@l>gdemp|fttop,com;Fax:561/998-8815 Street Address:I NO Holland Dr #19.Boca Raton,Fl 33487 5)Scope of Services:The goods and/or services to be provided are as set forth in the "checked documents". 6)Compensation:The CONTRACTOR'S compensation for the performance of this contract (hereinafter referred to as the Contract Price)shall be one of the following,as indicated by a checked box,d $_0r as set forth in V CONTRACTOR'S response tothe CITY's written solicitation,if any,or,if none,then as setout in CONTRACTOR'S proposal or quote,or the Scope of Services,whichever is applicable,and as modified by the Contract Documents. 7)Hours of Work:In the event that this contract requires the performance of services,it is presumed that the cost of performing the Work after regular working hours,and on Sunday and legal holidays is included in the Contract Price.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager,the Manager's assistant or designee. 8)Time Provisions:The term of this Contraa shall commence on the Work Commencement Date and shall continue for MA until it expires on Project Completion for a term not to exceed one (I)year;or unless earlier terminated according to the Contract Documents.Notwithstanding the foregoing,this Contract may be extended by an additional SUA period if the extension is in writing and signed by the City Manager.An extension of the term of this Contract is atthe CITY's sole and absolute discretion. 9)Termination:This contract may be terminated without cause by the CITY with 30 days of advanced written notice.This provision supersedes and takes precedence over any contrary provisions for termination contained in theContract Documents. 10)Applicable Law and Venue:Florida law shall apply to the interpretation and enforcement of this Contract Venue for all proceedings shall be in Miami-Dade County. Florida. 11)Duties and Responsibilities:The Contractor shall comply with all applicable laws, ordinances,codes,rules,regulations,and health and safety standards of any governmental body having jurisdiction over any matter related to this Agreement or the goods and/or Services to be performed hereunder,and shall commit no trespass on any private property in performing any of the work embraced by this Agreement Each and every provision and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though such provisions and clauses were included herein. 12)Change Orders:No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with theContract Documents. 13)Licenses and Certifications:Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement or commencing the Work.* 14)Insurance,Indemnification &Bonding:CONTRACTOR shall comply with the insurance,indemnification and bonding requirements set forth in the Contract Documents. 15)Liquidated Damages:In the event that the CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents,or the extended time limit agreed upon,in accordance with the procedure as more particularly set forth in the Contract Documents,liquidated damages shall be paid at the rate of $N/A dollars per day until theWork is completed. 16)Jury Trial Waiver:The parties waive their right to jury trial. 17)Entire Agreement,Modification,and Non-waiver:The Contract Documents constrtute the entire agreement of the parties and supersedes any prior agreements,written or oral.The Contract Documents may not be modified or amended except in writing,signed by both part.es hereto.The Contract Documents,in general,and this paragraph,in particular,shall not be modified or amended by any acts or omissions of the parties.No failure to exercise and no delay in exercising any right,power or privilege shall operate as a waiver.No waiver of the Contract Documents,in whole or part,including the provisions of this paragraph,may be 18)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701)while providing goods and/or services on oatlltanITJ>nd ?6 CONTRACTOR'^er "ch conditions,shall incorporate thisparagraphinallIofitssubcontractsforthisProjectandshall:(a)Keep and maintain public records required by the public agency to perform the service;(b)Upon request from the public agencys custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency;and (d)Upon completion of the Contract transfer,at no cost to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service.If CONTRACTOR !^M^ArTr?DUbuC,,T0rdS t0 ihe Public •*"*uP°n C™P'<*™of the ContractCONTRACTORshalldestroyanyduplicatepublicrecordsthatareexemptorconfidentialand exempt from public records disclosure requirements.If CONTRACTOR keeps and maintains public records upon completion of the Contract CONTRACTOR shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,in a fcrmttthat is compatible with the information technology systems ofthe public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO t?£V'2LP™,C RECORDS RELATING TO THIS CONTRACT,CONTACTTHECUSTODIANOFPUBLICRECORDSAT305-663-6340;E-mail- mmenendez@southmiamifl.gov;6130 Sunset Drive,South Miami,FL .33143. 19)Background Screening.All personnel and volunteers that will provide any service with vulnerable persons,as defined in Section 435.02.Fla.Stat,involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per,Florida Statute Ch.43S prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel,including volunteers,from engaging in any such related activities without having passed a background screening to the satisfaction of the City.Aviolation of this requirement shall constitute asubstantial breach of the agreement. 20)Drug Free Workplace.The CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made apart of this Contract by reference. 21)Transfer and Assignment.None ofthe work or services under this contract shall be subcontracted or assigned without prior written consent from the SMCRA which may be denied without cause. 22)Notices.All notices given or required under this contract shall be deemed sufficient if sent by a method that provides written evidence of delivery,including e-mail and facsimile transmission and delivered to the CONTRACTOR or his designated contact person. Return of mail,sent to the address contained herein for the parties or their contact persons,as not deliverable or for failure to claim the mail shall be deemed received on the date that the mailis returned to sender. IN WITNESS WHEREOF,the parties,have executed this Contract,on or before the date first above written,with full knowledge of its content and significance and intending tobe legally bound by the terms hereofr-7 •?The BG Grtfup,LLC: Witnessed:// Menem City Clerk Read and Approved as to Form,Language, Legality and Execution Thereof; City Attorney [name of signatory] SOUTH MIAM Steven Alexander City Manager CONTRACT GENERAL CONDITIONS "Demolition Services91 9TQ#BD2066-I3 ARTICLE I -DEMNITIOMS 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 ofinterpreting aword orgroup ofwords in that section ofthe Contraa Document. However,when the section of the Contract,where the word to be defined is used,does not specifically refers to this Article to define the word or group ofwords,the definitions contained in this Article shall not apply unless the word or group ofwords,in the context ofit or their use in the Contract Document in question,is/are ambiguous and open for interpretation.In addition,these definitions shall also not apply to interpret terms in a specific provision ofa Contract Document If that specific provision contains a definition of these terms: Addenda:Written or graphic documents issued prior tothe Bid Opening which modify or interpret the Contract Documents.Drawings and Specifications,by addition,deletions,clarifications or correction. Application for Payment:A form approved by the CONSULTANT,if any.or the City Manager which is to be used by the CONTRACTOR in requesting progress payments. Bid;The offer or proposal ofthe Bidder submitted on the prescribed form setting forth the prices and other termsforthe Work tobe performed. Bidden Any person,firm or corporation submitting aresponse to the Owner's solicitation for proposals or bids for Work. Bid Documents;The solicitation for bids or proposals and all documents that make up the solicitation including theinstructions,formofdocumentsand affidavits. Bonds;Bid bond,performance and payment bonds and other instruments ofsecurity,furnished by the CONTRACTOR and its surety in accordance withthe Contract Documents and in accordance withthe laws of the State of Florida. Change Order;A written order to the CONTRACTOR signed by the City Manager authorizing an addition. deletion or revision in the Work,or an adjustment in the Contraa Price orthe Contraa Time issued after execution of the Contract. Work Order Proposals:Written proposals from the CONTRACTOR in response to orders or request for work based on the Scope oftheWork provided by the City to the CONTRACTOR.The proposal includes line item pricing,where there are multiple locations,and the timeframe for completing the work. CHE The City Manager for the City of South Miami,6130 Sunset Drive,South Miami.FL 33143,unless the context wherein the word is used should more appropriately mean the City of South Miami. Construction Observes An authorized representative of the CONSULTANT,If any,or otherwise a representative of the City assigned to observe theWork performed and materials furnished by the CONTRACTOR.The CONTRACTOR shall be notified in writing ofthe Identity of this representative. Contract Documents?TheContraa Documents shall Include theContraabetweentheOwnerandthe Contraaor,other documents listed intheContraaand modifications issued after execution oftheContraaas well as all Bid Documents including butnot limited tothe solicitation for Bid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificates and policies,the Notice of Award,the Notice to Proceed,the General Conditions,Special Conditions,ifany,any Supplementary Conditions,the Technical Specifications, Drawings.Including any incorporated specifications,addenda tothe drawings issued prior to execution of the Contract,Change Orders,Construction Change Directives and any written order for a minor change in the Work,and written modifications to any ofthe Contract Documents. Contract Price;The total moneys payable tothe CONTRACTOR pursuant tothe terms oftheContraa Documents. Contract Time;The number of calendar days stated in the Contraa for the completion oftheWork Contracting Officer;The individual whois authorized to sign the contract documents on behalf ofthe OWNER. CONTRACTOR;The person,firm or corporation withwhomthe OWNER has executed theContract CONSULTANT;The person identified as the CONSULTANT in the Supplementary Conditions or,if none,then CITY's designated representative as identified in the Supplementary Conditions. QajG Aperiod of twenty-four hours measured from the beginning of the day at 12:01 a.m.and it shall be presumedtobeacalendardayunlessspecificallydesignatedasabusinessday.presumed Qm-The number of twenty-four (24)hour periods following the event to which the word "days"refers Zw^TY'r "V *"Stm!f *e neXt **'Therefore'in c^P"tingany period of time prescribed orallowedbytheContractDocuments,the day of the act.event or default from whichThe designated period of timebeginstorunshallnotbeincluded.The last day of the period so computed shall be Included unless KT Saturday.Sunday or legal holiday,in which event the period shall run until the end of the next business day that is nota Saturday,Sunday or legal holiday. Defective Work;W<»**«Is unsatisfactory,faulty,or deficient in that it does not conform to the Contraa 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 CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner);substitutions that are not properly approved and authorized,any deficiency in the Work materials and equipment:materials and equipment furnished under the Contraa that are not good quality and new unless otherwise required or permittedbytheContract Documents. QawJngs;The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by the CONSULTANT,or if none,then by an architect or engineer hired by the City and arereferredtointhe Contraa Documents. BflkLQrJfic Awritten order issued by the CONSULTANT which clarifies or Interprets the Contraa Documents in accordance with Paragraph 9.3 or orders minor changes In the Work in accordance with paragraph 10.2. rlpd|fi«tton;(a)Awritten amendment of the Contract Documents signed by both parties,(b)aChange Order signed by both parties,(c)awritten clarification or Interpretation If issued by the CONSULTANT in accordance r«lS??lP °r ('a Written order for minor chan*e or alter»ti°n ^*e Work issued by theCONSULTANTpursuanttoParagraphI0.Z Amodification may only be issued after execution of the Contract,it must be In writing and signed by the party apinst whom the modification is sought to be enforced. Nonconforming Work means work that does not conform to the Contraa Documents and includes work that is unsatisfactory,faulty,or deficient or that does not meet the requirements of any applicable inspection,reference standard,test,or that does not meet any approval required by,or referred to in.the Contraa Documents,or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protealon thereof has been assumed in writing by CITY). Notice of Award;The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by It within the time specified.CITY will execute and deliver the Contraa to him. NfttiCT to Proceed;Awritten 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 undertheContract Documents. £ej2&n;An individual or legal entity. fcojfiffi The entire construction operation being performed as delineated in the Contract Documents. folic*The term "policy"as used in the Contraa Documents shall mean the Insurance binder,ifitis issued,the declaration page ofthe policy and the body of the policy,Including all endorsements. 1IQ:Invitationto Quote. Scope of Services,This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise Sbo^Qow^s;All drawings,diagrams,illustrations,brochures,schedules and other data which are prepared by the CONTRACTOR,aSubcontractor,manufacturer,supplier,or distributor,and which illustrate the equipment material or some portion ofthe work and as required by the Contract Documents. Suites;Physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work willbe judged. Specifications;Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied to the Work. Subcontractor;An individual,firm or corporation having adirect contract with CONTRACTOR or with any other Subcontractor for the performance ofa part ofthe Work atthe 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 asubstantial part,can be utilized for the purposes for which itwas 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 ^L*-66^m $ub$tantial,r comPleted until a«*»«•of occupancy or certificate of use is lawfully Sue,•t!$F?%**"?"?n01 W'Acertificatt of Sub*""»»"Completion.Issued by the S^SSSLiJh "?5'?blMd °"false'mi$teadln«°r ,naccurate •"*"«*».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 adegree greater than that which would normally to be considered by the City to be minor "punch list"work, iupelifin Any person or organization who supplies materials or equipment for the Work,including the fabrication of an Item,butwho does not perform labor atthe site oftheWork. f^l Ih!ti'!t"V^ual 0r endty wh0 ,s an obli*or on aBondand who is bound with the CONTRACTOR for thefullandfaithfulperformanceoftheContraaandforthepaymentofalllabor,services and materials used on the project. of^cintract""0b,l*atl0nS•dude$and resP°nsibl|W«necessary for the successful performance and completion !&&£The term "Notice"as used herein shall mean and Include all written notices,demands,Instructions. tS^S^^?^?req°,r!d.*??btain comP,iance **c°"**«requirements.Written noticeInImJZ%i?Jl %*"<"yuerVed 'f de,,vered ,n per,on to *•,ndlvidual or »a«"•"*«•«**•A™or toTJ^Z;1 Eft*!"Wh°m,*i$,nte,,ded,or t0 an »u*<>rized representative of such Individual,firm,orcorporation,or if delivered at or sent by registered mail to the last known business address.Unless otherwise ££;aTdS %£&£mdemand upon *e OWNER under *•Contnct sha"be de,ivered to *•Ci* ARTICLE 2 -PRELIMINARY MATTERS Award: 11 Ih?KCIJi^SeT ?"ri8ht to rej8ct ^««"»"«*.«!««*ole discretion.Bids shall be awardedby*e CITY to the lowest responsive and responsible Bidder.No Notice of Award shall be given until the TV tf .?.te ,nve$tl*Mlon'"*«»«»«*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 JTnE"?1^'"accordance with **Contract Documents.The CITY reserves the right to rejecttheBidofanyBidderwhoIsnotbelievedtobe.In the sole discretion and satisfaction of the City,to besufficientlyresponsible,qualified and financial able to perform the work.In analyzing aBid.the CITY may also take into consideration alternate and unit prices,ifrequested by the Bid forms.If the Contract Is awarded,the CITY shall issue the Notice ofAward and give the successful Bidder aContract 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 nsurance,the Binder of Insurance if issued,the Insurance Declaration Page If not included In the Policy of Insurance,the Policy of Insurance required by the Contract Documents,the written notice of designated supervisor or superintendent as provided in Section e.1 ofthe General Conditions and such other l""!^**rw'uired bythe Contra«Documents shall be executed and delivered by CONTRACTORtotheCfTYwithinten(10)calendar days ofreceipt ofthe Notice of Award.A Contract Document that requires the signature of aparty 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 Contraa Document ™*m*JlH?*^.yfrfy^ft and Payment Bond,if anv »r«^..i^bv the aaDlta,hl»ITQ- 2.3 Within ten (10)calendar days ofbeing notified ofthe Award.CONTRACTOR shall furnish aPerformance Bond and a Payment Bond containing all the provisions ofthe Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount ofone hundred percent (100%)of the Contraa Price guaranteeing to OWNER the completion and performance ofthe Work covered In such Contraa as well as full payment of all suppliers,material man.laborers,or Subcontrattor employed pursuant to this Pro|ect.Each Bond shall be with aSurety company whose qualifications meet the requirements of Seaions 2.3.4.13.5,and2.3.6. 2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance oftheWork with the liability equal toone hundred percent (100%)ofthe Contract Sum. 2.3.3 Pursuant totherequirementsof Section 255.05(1),Florida Statutes,CONTRACTOR shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed bya surety company authorized todo business in the State of Rorida as a surety,having a resident agent in the Sate 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 withthe United States Department of Treasury Circular 570,current revisions. 2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A.VII or better. 2.3.7 Failure ofthe successful Bidder to execute and deliver the Contract,and deliver the required bondsandInsurance documents shallbecausefortheCITYtoannulthe Notice ofAwardand declare the Bid andanysecuritytherefore forfeited. Contractors 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 ofthe Contraa Documents,Work,locality,and with all local conditions and federal,stateand local laws,ordinance,rules and regulations that may In any manner affea performance ofthe Work,andrepresentsthatithas correlated itsstudyand observations withthe requirements ofthe Contraa Documents.CONTRACTOR also represents that it has studied all surveys and Investigations,reports of subsurface and latent physical conditions referred tointhe specifications and made such additional surveys and investigations as it deems necessary for the performance ofthe Work refleaed inthe Contraa Documentsandthathehascorrelated the resultsof all suchdatawith the requirements ofthe Contraa Documents. Commencement of Contract Time: 2.5The Contraa Time shall commencetorunonthedatestated In theNoticetoProceed. Starting the Project: 2.6 CONTRACTOR shall startto perform Its obligations under the Contract Documents onthe date the Contract Time commences to run.NoWork shall be done atthe site (as defined in Article I),prior to the date on which the Contract Time commences to run,exceptwiththe written consent ofthe CITY, Before Starting CqnstrMcttan; 2.7 Before undertaking each part oftheWork CONTRACTOR shall carefully study and compare the Contraa Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions.It shall atoncereport In writing to CONSULTANT any conflict,error,or discrepancy which it may discover.Neither the OWNER northe 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 inthe Drawings or Specifications nor shall the CONTRACTOR be entitled to any compensation for any harm,damage or loss suffered bythe CONTRACTOR dueto any conflict,error, or discrepancy inthe Contract Documents. Schedule of Completion: 2.8 Within Five (5)business days after delivery ofthe Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval,an estimated construction schedule indicating the starting and completion dates ofthe various stages oftheWork,and a preliminary schedule of Shop Drawing submissions.The CONSULTANT shall approve this schedule or require revisions theretowithinseven(7)calendar days ofits submittal.IfthereismorethanoneCONTRACTOR involved inthe Project,the responsibility for coordinating theWorkof all CONTRACTORS shall be providedinthe Special Conditions. X9 Within five (5)business days after delivery of the executed Contraa by CITY to CONTRACTOR but before starting the Work at the site,a pre-constructlon conference shall be held to review the above schedules,to establish procedures for handling Shop Drawings and other submissions,and for processing Applications for Payment,and to establish aworking understanding between the parties as to the Projea.Present at the conference will be the CITYS representative.CONSULTANT,Resident Project Representatives,CONTRACTOR and its Superintendent Qualifications of Subcontractor*Mortal m»n ^ft,pp|ifrr 2.10 Within five (S)business days after bid opening,the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance alist ofthe names ofSubcontractors and such other persons and organizations (including those who are to furnish principal Items ofmaterials or equipment)proposed for those portions ofthe Work as to which the identity ofSubcontractors and other persons and organizations must be submitted as specified in the Contraa 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 ™i?«t^a•?0^,per$°n °r or«anizatlon sh»"not constitute awaiver of any right ofthe CITY ortheCONSULTANTtorejectdefectiveWork,material or equipment,or any Work,material or equipment notin conformance withthe requirements oftheContraa 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 ofAward, submit an acceptable substitute without an increase In Its bid price. 2.12 The apparent silence of the Contract Documents as to any detail,or the apparent omission from them of adetailed description concerning any Work to be done and materials to be furnished,shall be regarded as meaning that only best praaices are to prevail and only materials and workmanship ofthe best quality are tobeused In the performance oftheWork. ARTICIE l-SQRREMTilOM.BNTSBPRETATIOM AMD bwtemt op contract nociiHE^ 3.1 It is the Intent of the Specifications and Drawings to describe acomplete Project to be constructed in accordance with the Contraa Documents.The Contraa Documents comprise the entire Contraa between the OWNER and the CONTRACTOR.They may be altered only by amodification as defined in Article I. 3.2 The Contraa Documents are complementary;what is called for by one Is as binding as If called for by all the documents.If CONTRACTOR finds aconflict,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 Contraa Documents are complementary;in case of conflict,error or discrepancy,the more stringent Interpretation and requirement that shall provide the maximum benefit to theOwner shall apply 3.3 The words "furnish"and "furnish and install","install",and "provide"or words with similar meaning shall be interpreted,unless otherwise specifically stated,to mean "furnish and install complete in place and readyforservice". 3.4 Miscellaneous items and accessories which are not specifically mentioned,but which are essential to produce acomplete 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 charaaeristics,as specified for the major component ofwhich 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 ofall 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 ofthe Work shall be installed or ereaed in accordance with the best practices of the particular trade. 10 3.6 The CONTRACTOR shall be responsible for making the construction ofhabitable struttures under this Contract rain proof,and for making equipment and utility installations properly perform the specified function.If the CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications,the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construaion in the area where the problem exists. 3.7 Manufacturer's literature,when referenced,shall be dated and numbered and is Intended to establish the minimum requirements acceptable.Whenever reference is given to codes,or standard specifications or other data published by regulating agencies or accepted organizations,including but not limited to National Electrical Code,applicable State Building Code,Florida Building Code,Federal Specifications, ASTM Specifications,various institute specifications,and the like,it shall be understood that such reference istothelatest edition including addenda in effeaonthedateofthe 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 produa specified by trade name,and that is suitable for the same use capable of performing the same funalon,in the opinion of the CONSULTANT,as the material or produa so specified.Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work.(When a brand name,catalog number,model number,or other identification,is used without the phrase "or equal",the CONTRACTOR shall use the brand,make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below 3.11 The CONTRACTOR shall have advised the CONSULTANT,prior to performing any work involving a conflia in the Contraa Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence.In the event that there is a conflia between or among the Contract Documents,only the latest version shall apply and the latest version ofthe Contraa Documents.The CONSULTANT shall use the following list of Contract Documents as aguide.These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below It. (a)Change Orders (b)Amendments/addendato Contract (c)Supplementary Conditions,ifany (d)Contraa withallExhibits thereto (e)General Conditions (0Writtenor figured dimensions (g)Scaleddimensions (h)Drawings ofa larger scale (i)Drawingsofasmallerscale (j)Drawings and Specifications are to be considered complementary to each other ARTICM;4-AVAIIAMMTY OFLANDS SUBSURFACE cqmditiqlms referemce point* Availability of Lands- 4.1 The OWNER shall furnish,as indicated in the Contraa 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 struaures or permanent changes in existing facilities will be obtained and paid for by the OWNER,unless otherwise specified in the Contraa Documents.Other aiCCe™^Cl1 lands 0r fWm<*™V for *e CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will,upon request,furnish to the Bidders,copies ofall available boundary surveys and subsurface tests at no cost. II Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work.Including but not limited to those bearing upon transportation, disposal,handling and storage ofmaterials,availability oflabor,water,elearic power,roads and uncertainties of weather,river stages,tides,water tables or similar physical conditions atthe site,the conformation and conditions of the ground,the charaaer of equipment and facilities needed preliminary to and during prosecution ofthe Work.The CONTRACTOR further acknowledges that he has satisfied himself as tothe charaaer,quality and quantity ofsurface and subsurface materials or obstacles tobe encountered Insofar as this information Is reasonably ascertainable from an inspection ofthe site, including all exploratory work done by the OWNER/CONSULTANT on the site or any contiguous site, as well asfrom information presented by the Drawings and Specifications made part ofthis Contraa,or any other information made available toit 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 orcostofsuccessfully performing Work.The OWNER assumes no responsibility for any conclusions or interpretations made bythe CONTRACTOR onthe basis ofthe information made available bytheOWNER/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 orlatent physical conditions atthesite differing materially from those Indicated inthe Contraa Documents,and 4.4.2 Unknown physical conditions atthe site,ofan unusual nature,differing materially from those ordinarily encountered and generally inherent in Work ofthecharaaer provided for in this Contract.The CITY shall promptly investigate the conditions,andifit finds that such conditions do materially differtothe extent astocauseanincreaseordecreaseinthe CONTRACTOR'S cost of,orthetime required for,performance of any partoftheWorkunder this Contractan equitable adjustment shall be made and theContraa modified in writing accordingly. 4.5 No claim ofthe CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in4.4 above;provided,however,the time prescribed therefore may be extended by the CITY,butonlyIfdoneIn writing signed bytheCity Manager orthe CONSULTANT. ARTICLE S -INSURANCE Contractor shall comply with the Insurance requirements setforthinthe SupplementaryConditions to the Contraa. ARTICLE *-CONTRACTOR'S RESPONSIBILITIES SupervisionandSuperintendence: 6.1 The CONTRACTOR shall supervise and direct the Work.It shall be solely responsible forthe means, methods,techniques,sequencesandproceduresofconstruaion.The CONTRACTOR shall employand maintain a qualified supervisor or superintendent (hereinafter referred toas "Supervisor"attheWork sitewho shall be designated in writing bythe CONTRACTOR,before the CONTRACTOR commences theWorkandwithinthe time requiredbytheContract,asthe CONTRACTOR'S representativeat the site.TheSupervisor or so designated shall have full authoritytoactonbehalfoftheCONTRACTORand all communications given tothe Supervisor shall beas binding asif given tothe CONTRACTOR.The Supervisors)shall bepresentateachsiteat all times asrequiredtoperform adequate supervision and coordination oftheWork.(Copies ofwritten communications given tothe Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keeponerecordcopyof all Specifications,Drawings,Addenda, Modifications andShop Drawings atthesiteat all timesand In goodorderandannotatedtoshow all changes madeduringtheconstruction process.These shall be available tothe CONSULTANT andany CITY Representativeat all reasonable times.Asetof "As-Built"drawings,aswellasthe original Specifications,Drawings,Addenda,Modifications andShop Drawings withannotations, shall bemade available totheCityat all timesandit shall bedeliveredtothe CITY upon completionofthe Project 12 Labor.Materials and Equipment- 6.2 The CONTRACTOR shall provide competent suitably qualified personnel to lay out the Work and perform construaion as required by the Contract Documents.It shall at all times maintain good disciplineand order atthesite. 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 manufaaurer are specified or approved,such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intaa. 6.5 All materials and equipment shall be applied,installed,conneaed.ereaed,used,cleaned and conditioned in accordance with the instruaions ofthe applicable manufaaurer,fabricator,or processors,except as otherwiseprovidedintheContract Documents. Work.Materials.Equipment.Product*and S^tltutifflm; 6.6 Materials,equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR.The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials,equipment or products,together with such samples as may be necessary for them to determine their acceptability and obtain their approval,within ninety (90)calendar days after award of Contract unless otherwise stipulated in the Special Conditions.No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever amaterial,article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number,it shall be understood that this Is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities,quality and function shall be considered.The CONTRACTOR may recommend the substitution ofamaterial,article,or piece ofequipment ofequal 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 ofequal 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 achange in the Contraa Price or the Contraa Time. 6.6.2 No substitute shall be ordered or installed without the written approval ofthe CONSULTANT who shall bethe judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds foranextensionof construction time. 6.6.4 Should any Work or materials,equipment or products not conform to requirements of the Drawlnp 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 ofthe Project All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontraaor subject to any chattel mortgage or under aconditional sale or other agreement by which an Interest is retained by the Seller.The CONTRACTOR warrants that they have good tide to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work:The City of South Miami may withhold acceptance of,or rejea items which are found upon examination,not to meet the specification requirements or conform to the plans and drawings.Upon written notification of rejection,items shall be removed or uninstalled within five (5)business days by the CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense.Rejected goods left longer than thirty (30)calendar days shall be regarded as abandoned and the CITY shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind 13 for said goods.Rejection for non-conformance or failure tomeet delivery schedules may resultin theCONTRACTOR being found in default. 6.6.7 In caseof default bythe CONTRACTOR,theCityofSouth Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasionedorincurredthereby. 6.6.8 The CITY reserves therightintheeventthe CONTRACTOR cannot provide an ltem(s)or service(s)inatimely manner as requested,to obtain thegood and/or services from other sources and deducting thecost from theContract Price without violating theintentofthe Contraa ConcerningSubcontractors: 6.7TheCONTRACTOR shall notemployany Subcontractor,against whomtheCITYorthe CONSULTANT may have reasonable objection,nor will the CONTRACTOR be required to employ any SubcontractorwhohasbeenacceptedbytheCITYandtheCONSULTANT,unlesstheCONSULTANT determinesthatthereisgoodcausefordoingso. 6.8The CONTRACTOR shall be fully responsible for all actsandomissionsofits Subcontractors andof persons and organizations direalyor indirectly employed by It andof persons and organizations for whoseactsanyofthemmaybe liable tothesameextentthattheyare responsible forthe acts and omissions of persons directly employed bythem.Nothing intheContraa Documents shall create any contractual relationship between OWNER or CONSULTANT and any Subcontractor orother person or organization having adireacontractwith CONTRACTOR,nor shall itcreateany obligation onthe part of OWNER orCONSULTANTto pay ortoseeto payment ofany subcontractor orother person or organization,exceptasmayotherwisebe required by law.CITYorCONSULTANTmay furnish toany Subcontractororotherpersonor organization,totheextent practicable,evidenceofamounts paid to the CONTRACTOR onaccountof specified Work donein accordance withtheschedulevalues. 6.9The divisions andsectionsofthe Specifications andthe Identifications ofany Drawings shall notcontrol theCONTRACTORin dividing theWork among Subcontraaors or delineating the Work performed by anyspecifictrade. 6.10 TheCONTRACTOR agrees tobind specifically everySubcontraaortothe applicable terms and conditions of the Contraa Documents for the benefit of the OWNER. 6.11 AllWork performed fortheCONTRACTORbya Subcontraaor shall be pursuant toan appropriate agreement between the CONTRACTOR andtheSubcontractor. 6.12 TheCONTRACTOR shall be responsible forthe coordination ofthetrades,Subcontraaors material and men engaged upontheir Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions tobeinsertedin all subcontracts relative totheWorktobind Subcontraaors totheCONTRACTORbythetermsofthese General Conditions and otherContraa Documents insofar as applicable totheWorkof Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract thatthe OWNER may exerciseovertheCONTRACTORunderany provisions oftheContraa Documents. 6.12.2 The CITYor CONSULTANT will not undertaketosettleanydifferences between the CONTRACTOR and their Subcontractors or between Subcontraaors. 6.12.3 Ifintheopinion of theCONSULTANT,anySubcontractoron the Projea provestobe incompetentorotherwise unsatisfactory,they shall bepromptly replaced bytheCONTRACTOR ifandwhendirectedbytheCONSULTANTin writing. 6.12A Discrimination:Noaction shall betakenbytheanysubcontraaorwith regard tothe fulfilment ofthe termsofthesubcontract including the hiring and retention ofemployeesforthe performance ofWork thatwould discriminate against any person onthe basis of race,color,creed,religion,national origin,sex, age,sexual orientation,familial status or disability.This paragraph shall bemadeapartofthe subcontraaor*s contraa with the Contractor. PatentFeesandRoyalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident totheuseof any invention,design,process or device which isthesubjeaof patent rights or copyrights held by others.He shall indemnify and hold harmless theOWNER and the CONSULTANT and anyone directly or Indirectly employed byeitherofthem from against all claims,damages,losses and expenses (including attorney's 14 fees)arising outof any infringement of such rights during orafterthe completion oftheWork,and shall defend all such claims in conneaion with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent and/or royalty rights as to any materials,appliances,articles or systems prior to bidding.However,he shall notbe responsible for such determination on systems which donot involve purchase bythemof materials,appliances and articles. Pgrmitt; 6.15 TheCONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmentalchargesandinspectionfeesnecessaryforthe prosecution ofthe Work,whichare applicable atthetimeofhis Bid.When such charges are normally madebytheCITYandwhensostated inthe Special Conditions,there will beno charges totheCONTRACTOR.TheCITY shall assist the CONTRACTOR,when necessary,In obtaining such permits and licenses.TheCONTRACTOR shall also pay all public utility charges. Electrical Powerand Lighting: 6.16 Elearical power required during construction shall be provided by each prime CONTRACTOR as required byit This service shall be installed bya qualified elearical Contractor approved bythe I CONSULTANT.Lighting shall be provided by the CONTRACTOR in all spaces atall times where I necessary for good and proper workmanship,for inspection or for safety.No temporary power shall be |used off temporary lighting lines without specific approval ofthe CONTRACTOR. Laws and Regulations: i 6.17 The CONTRACTOR shall comply with all notices,laws,ordinances,rules and regulations applicable to theWork.Ifthe 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 byan appropriate modification.If the CONTRACTOR performs any Work knowing ittobe contrary to such laws,ordinances,rules and regulations,and without such notice tothe CONSULTANT, it shall bear all costs arising there from;however,it shall not be its primary responsibility to make certain that the Drawings and Specifications are In accordance with such laws,ordinances,rules and regulations. Discrimination! 6.17A No action shall be taken bythe Contraaor with regard tothe fulfilment ofthetermsofthe Contract including the hiring and retention of employees for the performance ofWorkthat would discriminate against any person onthe basis of race,color,creed,religion,national origin,sex,age,sexual orientation, familial statusor disability. Taxes: 6.18 Costof all applicable sales,consumer use,and othertaxesfor which theCONTRACTORis liable under the Contraa shall be included in the Contract Price stated bythe CONTRACTOR. Safetyand Protection; 6.19 The CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 6.19.1 All employees and other persons,who may be affeaed thereby, 6.19.2 All theWork and all materials or equipment to be incorporated therein,whether in storage on or off the site,and 6.19.3 Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,struaures and utilities notdesignated for removal,relocation or replacement in the course of construaion. 6.20 The CONTRACTOR shall designate a responsible member of their organization atthe site whose duty shall be the prevention of accidents.This person shall be the CONTRACTOR'S Superintendent unless j otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 15 "'^STScto^II!6 ?fety M^erson$or *•Work or proper*at *e site or adi»cent *«*u ?a TRACT°^1 "ithout sPeclal instruction or authorization from the CONSULTANT or CITY is CoKSSS*T^'t0 preVent threatened *"•!•.mUry or loss.He shall give the r™;n Pr°mpt ""J?n°dCe °f any si8n,flcant *"»«,n *e VVork or deviations from the.nan7me^Th?KCaU$edfe"^,f ^CONTRACTOR believes that additional Work donl by himfr£«TT ^r™*0"1 causes ""J™*hl*c°«<«>''"tides him to an increase in the ConiraaTPriceoranextens,on of the Contract Time,he may make aclaim therefore as provided in Articles llTnd Shop Drawing and S1mp|M; 622 JXSlEri^Ver"i',ng a""e,d measure™nts.the CONTRACTOR shall submit to the rticooiestora!^hatet^512^1 ?SULTANT.°Pdon'«»reproducible copy)of all Shop Drawings,which shallhavebeencheckedbyandstampedwiththeapprovaloftheCONTRACTOR.The Shop Drawings shallbenumberedandidentifiedastheCONSULTANTmayrequire.The data shown on the Shop Drawings enJife JTrSScTItam*-?*""d,me"s,on?-**»criteria,materials of construction and the like to623wrtrST,!?rw?"*"'nformat,on "•*«*any unnecessary investigation.6.23 The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as tocausenodelayInWork,all samples required by the Contract Documents.P™"Pwe« All samples shall have been checked by and stamped with the approval of the CONTRACTOR,identified *-u a!a a.*t0 "?tmr manufilcturer'a,w pertinent catalog numbers and the use for which intended.iL?!I s"bml«ion.the CONTRACTOR shall notify the CONSULTANT,in writing,of any 625 Thl CO^Iwt kJ°P P^r?°r $MnpleS and *'«**""««»°<*e Contract DoaLnts.i?J?!S.k ^.Jha"T'eW ""*""'""Klble promptness Shop Drawings and Samples,but his2H2??"V ¥cfnformanie wlth *«dM'«"concept of the Project and for compliance with the 2ZTSl*Wn il,.C°!?!?*JDocuments-"H*revlew <*•separate item as such will not IndicatereviewoftheassemblyInwhichtheitemsfunctions.The CONTRACTOR shall make any correctionsrequiredby*e CONSULTANT and shall return the required number of correctXS c?Shop rE^A^JS"^new sampte5 until *•review ,$»*ftwory to the CONSULTANT.TheCONTRACTORshallnotifytheCONSULTANT,in writing,of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submUsion.The CONTRACTOR'S stamp rSB2Sf!l?TSh?D.riwings or """P'6 $ha"«»«*«•representation to the CITY and theCONSULTANTthattheCONTRACTORhaseitherdeterminedand/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 ofthe Work andtheContract Documents. 6.26 No Work requiring asubmittal of aShop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT.Acopy of each Shop Drawing and each approved sample shall be kept in good order,in abook or binder,in chronological order or in such other ^^c,d„,?i!:tCONSULTANT in wrWn**the CONTRACTOR at the site and shall be availabletotheCONSULTANT. 6.27 The CONSULTANTS review ofShop Drawings or samples shall not relieve the CONTRACTOR from ™5L°r^^for any devlat,ons from to requirements of the Contraa Documents unless theCONTRACTORhasInformedtheCONSULTANT,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 die CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up; 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work KSEJI^l Up°n comP,et,on of to Work«and before acceptance of final payment for the Projea by the OWNER,the CONTRACTOR shall remove all his surplus and discarded materials,excavated material 16 and rubbish as well as all other material and equipment that does notformapartoftheWork,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,sothatno further cleaning by the OWNER is necessary prior to its occupancy andhe shall restore all property,both public and private,which has been disturbed or damaged during the prosecution oftheWorksoasto 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 ofthe materials referred toin paragraph 6.28 and charge thecosttothe CONTRACTOR. Public Convenience and Safety; 6.30The CONTRACTOR shall,at all times,conduct theWork In suchamannerastoinsuretheleast practicable obstruction to public travel.The convenience ofthe general public and of the residents along and adjacent tothe area ofWorkshall be provided for in a satisfactory manner,consistent with the operation and local conditions."Street Closed"signs shall be placed Immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required tobe closed,the CONTRACTOR shall notify law enforcement agencies and in particular,the City ofSouth 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 Provisiopy 6.31 The CONTRACTOR shall provide on-site office,and necessary toilet facilities,secluded from public observation,for use of all personnel on the Work Site,whether or not in his employ.They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction.They shall commit no public nuisance.Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification! 6.32 Contractor shall comply with the indemnification requirements set forth in the ITQ and in EXHIBIT I of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand,CONTRACTOR,upon written notice from CITY shall defend such action or proceeding by counsel satisfaaory to CITY.The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense,at CITY'S option,any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT,excluding only those claims that allege that the injuries arose out ofthe sole negligence ofOWNER 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 ofor the failure to give directions or instruaions by the CONSULTANT,Its agents or employees provided such aaor omission is the primary cause of injury or damage. 6.34A All ofthe forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part.Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document.Indemnification is limited to damages caused in whole or in part by any act,omission,or default of the Contraaor,the Contractor's subcontractors, sub-subcontraaors,materialmen,or agents of any tier or their respective employees to the extent caused by the negligence,recklessness,or Intentional wrongful miscondua of the indemnifying party and persons employed or utilized by the indemnifying party in the performance ofthe construaion contract Responsibility for Connection to Existing Work- 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work,existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations,grading,fill,storm drainage,paving and any other construction or installations in rights-of- ways ofstreets,highways,public carrier lines,utility lines,either aerial,surface or subsurface,etc.,shall be IZSZZtT**?"**"^"ry °f *•speclal c<>ndWonS.The OWNER will be responsible forWorkIomSXSS?T?^thC *££?*"<"«*Paragraph 6.36.Upon completion of*eWork.CONTRACTOR shall present to CONSULTANT certificates,in triplicate,from the proper STS,5$f*•WOrk h"bMn d°ne'"aCcordan«wlth **req^menu W21277fT"!Wf *'CONTRACTOR in obtaining action from any utilities or publicauthoritiesinvolvedintheaboverequirements. 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 Cc-gperatignwifh Governmental neMrtm»n.«p„^c utm.te8 F,r. ILeJS!!l^OR ?!f b6 r?(!!Pon,,ble for ™W*all "««a»ry arrangements with governmental1STS.1''1?'^P "C Ca^.^le^,,'""*•"""P^"and corporations (hereinafter referred to£J£JP^T.OWu i *control,,n«roadways'Always,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 ^SSSi^i^f^^fW rel0Catl0n lf *e CONTRACTOR desires to relocate the item.TheCONTRACTORshallgiveallpropernotices,shall comply with all requirements of such third parties In the performance ofhis Work,shall permit entrance ofsuch 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 faa 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 ^Y ?os*™et so **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 condua of the Work,and no plea of misunderstanding will be considered on account ofdamage or delay caused by his ignorance thereof. 1M Promises; 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 offsite. 6.38.1 CONTRACTOR shall not overload or permit any part ofany struaure to be loaded with such weight as will endanger its safety,nor shall it subjea 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 c oo ,^^AZX^e]l aS the,r lnslructlons w,th r«®wd to signs,advertisements,fires and smoking.6.38.3 CONTRACTOR shall arrange and cooperate with CITY In routing and parking ofautomobiles of its employees,subcontractors and other personnel,as well as that of the material delivery trucks and othervehicles thatcome tothe Project site. 6.38.4 The City will designate specific areas on the site for storage,parking,etc.and the |ob 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 Subcontraaors.Temporary offices shall be provided and located where directed and approved by the CONSULTANT.All such facilities shall be furnished m striaaccordance with existing governing regulations.Field offices shall include telephone facilities. Protection of Existing Property Improvem^; 6.38 Any existing surface or subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities, footings,or struaures (including portions thereof),trees and shrubbery,not indicated on the Drawings 18 or notedinthe Specifications asbeingremovedoralteredshallbe proteaed fromdamageduring construaion ofthe Projea.Any such improvements damaged duringconstructionofthe Projea shall be restored atthe expense oftheCONTRACTORtoaconditionequalto that existingatthetime of award of Contract. ARTICLE 7 -WORK BY OTHERS. 7.1 The CITY may perform additional Work related tothe Project or may letother direa contracts therefor which shall contain General Conditions similar to these.The CONTRACTOR shall afford the other contractorswhoarepartiesto such direa contracts(orthe OWNER,ifitis performing the additional Work Itself),reasonableopportunityforthe introduction andstorageof materials andequipmentandthe executionofWork,andshallproperlyconnectandcoordinateits Work withtheirs. 7.2Ifanypartofthe CONTRACTOR'S WorkdependsuponproperexecutionorresultsoftheWorkofany other contraaor orthe OWNER,the CONTRACTOR shall promptly reporttothe CONSULTANT in writinganydefects or deficiencies Insuch Work thatrenderitunsuitablefortheCONTRACTOR'S Work. 7.3The CONTRACTOR shalldo all cutting,fitting and patching oftheWorkthatmayberequiredtomake itsseveralpartscome together properlyandfittoreceive or bereceivedbysuch other Work.The CONTRACTOR shall notendangeranyWorkofothersby cutting,excavating orotherwisealteringtheir Work andshallonly cut or alter their Work withthewritten consent oftheCONSULTANTandof the other contractor whose work will be affected. 7.4Iftheperformanceof additional Workby other contraaors ortheOWNERisnotnotedinthe Contraa Documents priortotheexecutionofthe Contract,writtennoticethereof shall be given tothe CONTRACTORpriortostartinganysuchadditionalWork.If the CONTRACTORbelievesthatthe performance ofsuch additional Workbythe OWNER orothers will causethe CONTRACTOR additional expenseor entitles himtoanextensionofthe Contraa Time,he may makea claim therefore asprovided in Articles 11 and 12. 7.5Where practicable,the CONTRACTOR shall build aroundtheworkofotherseparatecontractorsor shall leave chases,slotsandholesas required to receive andto conceal within the general construction Worktheworkofsuchotherseparate contraaors asdirectedbythem.Wheresuch chases,slots,etc, are impracticable,theWork shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases,slots,andholesnotbuiltorleftbythe CONTRACTOR shall becutbytheseparate contractor requiringsuchalterationsafterapprovalofthe CONTRACTOR.The CONTRACTOR shall doall patching and finishing oftheworkofother contraaors whereitiscutbythemandsuch patching and finishing shallbeat the expenseofCONTRACTOR 7.7 Cooperation Is requiredIntheuseofsite facilities andinthe detailed execution oftheWork.Each contractor shall coordinate their operation with thoseoftheother Contractors forthebestinterestof theWorkinordertoprevent delay intheexecutionthereof. 7.8 Each of several contractors working ontheProjectSite shall keep themselves informed ofthe progress of theworkofothercontractors.Should lack of progress ordefeaive workmanship onthepartofother contractorsinterferewiththe CONTRACTOR'S operations,theCONTRACTORshallnotifythe CONSULTANT immediatelyandin writing.Lackofsuchnotice to the CONSULTANT shall be construedasacceptancebythe CONTRACTOR ofthestatusoftheworkofothercontractorsas being satisfaaory for proper coordinationofCONTRACTOR'SownWork. 7.9ThecostofextraWork resulting from lack of notice,untimely notice,failure torespondto notice, Defeaive Work or lack of coordination shallbe the CONTRACTOR'S cost 7.10 The CITY reserves therightintheeventthe CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain thegoodand/or services from othersourcesand deducting the costfromthe Contraa Pricewithout violating theintentofthe Contraa. ARTICLE 9 -CITY'S RESPONSIBILITIES, 8.1 The CITY will issue all communications tothe CONTRACTOR through the CONSULTANT. 8.2 In casesofterminationof employment ofthe CONSULTANT,the CITY will appointa CONSULTANT whose status under the Contract Documents shallbe that of the former CONSULTANT. 8.3The CITY shall promptly furnish thedatarequiredofthemunderthe Contraa Documents. 8.4The CITY'S dutiesinrespectto providing lands andeasementsaresetforthin Paragraphs 4.1 and4.2. 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 c portion thereof may not have expired;but such taking possession and use shall not be deemed acceptance ofany Work not completed in accordance with the Contract Documents or any ARTICLE 9-CONSULTANTS'STATUS DURING CONSTRUCTaftNl 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 I through 16 of these General Conditions and shall not be extended without written consent ofthe CITY andthe CONSULTANT. 9.1.1 The CONSULTANTS decision,in matters relating to aesthetics,shall be final,if within the terms of the Contraa 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 Contraa or the breach thereof,shall be decided in a court of competent Jurisdiction within the State of Florida. Visits M$lte; 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 oftheexecuted Work and to determine ifthe Work is proceeding in accordance with the Contract Documents.His efforts shall be directed toward providing assurance for the OWNER and all applicable regulatory agencies that construction is In compliance with the Construaion Documents and applicable laws,rules and regulations.On the basis ofthese on site- observations as an experienced and qualified design professional,he shall keep the CITY Informed of the progress ofthe Work and shall guard the OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpr^^; 9.3 The CONSULTANT shall issue,with reasonable promptness,such written clarifications or interpretations of the Contraa Documents (in the form of Drawings or otherwise)as it may determine necessary,which shall be consistent with,or reasonably inferable from,the overall intent ofthe Contraa Documents.If the CONTRACTOR seeks an increase in the Contraa Price or extension ofContraa Time based ona written clarification and/or interpretation,it shall be required to submit a timely claim as provided In Articles II and 12. Measurement of Quantities! 9.4 All Work completed under the Contraa shall be measured by the CONSULTANT according to the United States Standard Measures.All linear surface measurements shall be made horizontally orvertically asrequiredby the Itemmeasured. Refecting Defective Work- 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work"as defined In Article I.It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site,installed or completed as provided.In the event that the CONSULTANT requires testing of completed Work,the cost of such inspealons 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 ofothers, 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 ifthe Work is found tobe Defeaive Work Shop Drawings.Change Ordersand PAVm»ntT: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples,see paragraphs 6.25through6.28,inclusive. 9.7 In connection with the CONSULTANTS responsibility for Change Orders see Articles 10,11,and 12. 20 9.8 In conneaion with the CONSULTANT responsibilities with respea to the Application for Payment,etc see Article 14. Decisions on Disaffreamenrs? 9.10 The CONSULTANT shall be the Initial Interpreter of the Construction Documents. Limitations on Consultant's Responsibilities; 9.11 The CONSULTANT will not be responsible for the construction means,methods,techniques,sequences or procedures,or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR,or any Subcontractors,orany of their agent,servants or employees,or any other person performing any of the Workunderor through them. ARTICLE 10 -CHANCES 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 awritten 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 ofthe Contract Documents.If any authorized written Change Order causes an increase or decrease in the Contraa Price or an extension or shortening of the Contraa Time,an equitable adjustment will be made as provided in Article 11 or Article 12.Awritten Change Order signed by the CITY and the CONTRACTOR indicates their agreement to the terms of the Change Order.All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value ofthe change in the Work as well asto 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 achange order shall result in awaiver of any extension of time due to the change in the work as refleaed in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations In the Work not Involving extra cost and not Inconsistent with the overall Intent ofthe Contraa 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 CONSULTANTS Field Order would entitles the CONTRACTOR to an increase in the Contraa Price or extension of Contraa Time,It must submit a written notice ofIntent to demand a Change Order within twenty-four (24)hours ofthe issuance ofthe 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 awritten Change Order shall not entitle it to an increase in the Contraa Price or an extension of the Contraa Time,except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. °A T.he^ITT Wl"execute aW>r°Pr,aw c"an*e Orders prepared by the CONSULTANT covering changes intheWork,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 Contraa Time or the Contraa 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 Contraa Price or Contraa 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 ofadjustment in the Bond amount and any such delay shall be chargedto the CONTRACTOR. ARTICLE 11 -CHANGEOF CONTRACT pr^E, 11.1 The Contraa Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work.All duties,responsibilities and obligations assigned toor undertaken by the CONTRACTOR shall beat Its expense without changing theContraa Price. 21 11.2 The CITY may,at any time,without written notice to the sureties,by written order designated or indicated to be aChange Order,make any change in the Work within the general scope ofthe Contract, including butnot limited to changes toor in: 11.2.1 Specifications (including drawings and designs); 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 seaion,no order,statement,or condua of the CITY shall be treated as aChange Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for In awritten Change Order,or as otherwise provided In another section oftheContraa Documents. 11.4 When aChange 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 ofany part ofthe Work under this Contract,for which the CITY and the CONTRACTOR cannot reach atimely agreement,an equitable adjustment based on the cost ofthe Work shall be made and the Contraa modified accordingly. 11.5 If the CONTRACTOR intends to assert aclaim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT,It shall,within ten (10)calendar days after receipt of awritten Change Order,submit to the CITY and CONSULTANT awritten notice including astatement setting forth the general nature and monetary extent ofsuch claim for equitable adjustment,time extension requested and supporting data.In determining the cost of the Change Order,the costs shall be limited to thoselisted in section 11.7 and 16.8. 11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed ifnot submitted in accordance with this section orifasserted after final payment under this Contract 11.7 The value ofany Work covered by aChange Order or ofany claim for an increase or decrease in the Contraa Price shall be determined In one ofthe 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 tothe CONTRACTOR to cover overhead and profit not to exceed 15%.If the CONTRACTOR disagrees with theCONSULTANTS determination of reasonable C0$tS,*e CONTRACT shal1 Provlde a fot ofall costs together with backup documentation11.8 The term cost ofthe Work means the sum of all direa 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 direa employ of CONTRACTOR in the performance ofthe 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 onthe basis of their time spent onthe 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 ofthe fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or dueinwholeorinpartto Defective WorkoftheCONTRACTOR. 11.8.2 Cost ofall materials and equipment furnished and incorporated In the Work,including costs of transportation and storage,and manufaaurers'field services required in conneaion 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 itemsthatoffera discount.Cash discounts shall accrue toCONTRACTOR unless the CONTRACTOR fails to timely notify the CITY ofthe discounts or If the OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall 22 accrue to the OWNER.All trade discounts,rebates and refunds,andall returns from sale of surplus materials andequipment shall accrueto OWNER,and CONTRACTOR shallmake provisionssothattheymaybeobtained. 11.8.3 Payments made byCONTRACTORtothe Subcontraaors for Work performed by Subcontraaors.If required by CITY,CONTRACTOR shall obtain competitive bids from Subcontraaors acceptable tohim and shall deliver such bids toCITYwho will then determine, withthe advice of theCONSULTANT,which Bids will be accepted.Nosubcontract shall bea costpluscontractunlessapprovedinwritingbytheCITY.If a Subcontraa providesthatthe Subcontraaoristobe paid onthe basis ofCostof Work plus afee,thecostofthe Work shall be determined in accordance this section 11.8 and in such case the word "Subcontraaor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all constructionequipmentand machinery,except handtools,andtheparts thereof whether rentedfrom CONTRACTOR orothersInaccordancewithrentalagreements approvedbyCITYwiththeadviceofCONSULTANT,andthecostsoftransportation,loading, unloading,installation,dismantlingandremoval thereof -allin accordance with terms ofsaid rental agreements.Therentalofanysuch equipment,machineryorparts shall ceasewhenthe use thereof isnolongernecessaryforthe Work. 11.8.5 Sales,useorsimilartaxesrelated to the Work,andforwhich CONTRACTOR is liable,imposed byany governmental authority. 11.8.6 Payments andfeesforpermitsand licenses.Costsforpermitsandlicensesmustbeshownasa separate item. 11.8.7 The cost of utilities,fuelandsanitary facilities atthesite. 11.8.8 Minor expensessuchas telegrams,long distance telephone calls,telephoneserviceatthesite, expressageandsimilarpettycashitemsinconnectionwiththe Work. 11.8.9 Costof premiums for additional Bonds and insurance required solely because of changes inthe Work,nottoexceedtwopercent (2%)ofthe increase In the Cost ofthe Work. 11.9 The term Cost of the Work shall NOT includeanyofthe following: 11.9.1 Payroll costsandother compensation ofCONTRACTOR'S officers,executives,principals (of partnership andsole proprietorships),general managers,engineers,architects,estimators,lawyers, agents,expediters,timekeepers,clerksand other personnel employed by CONTRACTOR whetheratthesiteorin its principal ora branch office for general administration ofthe Work andnot specifically includedintheschedulereferredtoin Subparagraph 11.5. 11.9.2 Expenses ofCONTRACTOR'S principal and branch officesotherthanitsofficeatthesite. 11.9.3 AnypartofCONTRACTOR'S capital expenses,including interestonCONTRACTOR'S capital employedfor the Work andchargesagainstCONTRACTOR fordelinquentpayments. 11.9.4 Costof premiums for all bondsandfor all insurance policies whetherornotCONTRACTORis requiredbythe Contraa Documents to purchase and maintain the same (except asotherwise providedin Subparagraph 11.8.9). 11.9.5 Costs duetothe negligence of CONTRACTOR,any Subcontraaor,or anyone dlreoly or indirectly employed byanyofthemor for whose acts anyofthem may be liable,including butnot limited to,thecorrectionofdefective work,disposal of materials orequipmentwrongly supplied andmakinggoodanydamagetoproperty. 11.9.6 Other overhead or general expense costs of any kind and thecostsof any itemnot specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S feewhichshallbeallowedto CONTRACTOR forits overhead andprofit shall be determined as follows: 11.10.1 Amutuallyacceptablefirmfixed price;orifnonecanbeagreedupon. 11.10.2 A mutually acceptable fixed percentage (nottoexceed 15%). 11.11 The amount ofcredittobe allowed by CONTRACTOR toOWNERfor 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 mannerasprovidedin 11.8.When both additions andcreditsareinvolvedinanyone change,thenet shall becomputedto include overhead and profit,identified separately,forboth additions and credit, provided however,the CONTRACTOR shall notbe entided to claim lostprofitsforany Work not performed. 23 COmSSct'iBSP ^^QQm ^'t0N,"WP^TIH)IMAGES AM»r^MCE OP THg 111 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essenttal condtoons of the Contract Therefore,the Work shall be commenced on the date specified i•>•>tL %n$£EZ™**?nn4 comP|eted wlthln *«»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 TTl /W?^aJ'T J?i$0XPre$$|y understood and agreed,by and between the CONTRACTORandtheOWNER,that the Contract Time for the completion ofthe Work described herein is a reasonable time,taking Into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.No extension of time shall be granted due conditions that Ae ™^^°!°r$fU'd.^e knOW0 °f b6f0re biddin*on *•Projector due to inclement weather,except asprovided In section 12.7. 'U H?!^?NIR^I?Ru$hal,lfe,'.t0 "•"I****Work w,thin *•Contract T""e.or extension of timegrantedbytheCITY,then the CONTRACTOR shall pay to the OWNER the amount of liquidated ZZ2EJ1 !fCJf II ?*Cf""£Document$for each «•««*day after the scheduled date forcompletionasadjustedbywrittenChangeOrdersthatextendedthecompletiondate. These amounts are not penalties but are liquidated damages Incurred by the OWNER for its inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon between the parties recognizing the Impossibility of precisely ascertaining the amount of damages that will be sustained as aconsequence of such delay,and both parties desiring to obviate any %%£££%£concern,n**e amount °'»ld <*"»*»and the cost and effect of the failureofCONTRACTORtocompletetheContractontime.The above-stated liquidated damages shall„.,gj separately to each phase of the Project for which atime for completion is given. «/I authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract 12-4 roNCTRl!??^T^nlytb8?,anfedbyaWritMnChan«e0rder.Anyclaimforanextensioninthe «Vcl u .-/J ^ba$ed on written notice dellv«,*d «>the CITY and CONSULTANT withinfive(5)business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim .nduding supporting data.All claims for adjustment in the Contract Time shall be evaluated ZSEEZSt X*"^01SULTANT'*ith *""W«->>y the CITY'S representative.Any change.•><T.i,T,Tln\e1re$uulti"8 from a"X such ebim shall be Incorporated In awritten Change Order.2.5 All time kmlts stated in the Contract Documents are of the essence ofthe Contract 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14)calendar days after demand has been made In writing to the CONSULTANT for such I-J^mK,-^?™0"5'tnere $ha"^no bleary compensation for such delay and the••>,?!NTRACT0R $sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated the abnorma weather is documented by records from the national weather service and the abnormal .•>-W.*a?er te documanted to have had asubstantial affected on the construction schedule. 51?a"!agB$.uforJD,e,ay:^CONTRACTOR agrees that he shall not have any daim for damages due todelayunlessthedelayexceeds6months,whether individually or cumulatively,and then the damages shall be limited to increased cost ofmaterials 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 114 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 OWNER for direct indirect,consequential mpact or other costs,expenses or damages,including but not limited to.costs ofacceleration 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 21st day following the date ofthe event upon which the claim is based. 12.10 Dispute Resolution:If any dispute concerning aquestion of fact arises under the Contract other than termination for default or convenience,the CONTRACTOR and the city department responsible for the 24 administration of the Contract shall make agood faith effort to resolve the dispute.If the dispute cannot ?omS TAfe^TT"*•?the deParmtnt w|th the advice of the City Attorney and the ™™*!*,lha"rule on *•d,sPuted issue and send »written copy ofits decision to theCONTRACTOR.CONTRACTOR shall comply with such decision and shall no^y 1 project ARTICLE 13 -CUARAMTEC 111 Xmtca^1?,*$ha"*?""*8?d uncondit,ona"y wa™"through either the manufacturer or the2Ifj?.^'*.Teria,$and e<lulPment furnished and Work performed for patent fSStrWMT ,°r **??*°neil)year fr0m the date of Fin81 ^P*™»'"d'«ted In theCONSULTANTLetterofRecommendationofAcceptance,if issued,the Certificate of Occupancy,ifissued,or the Certificate of Completion,if issued by the City,whichever Is applicable and If more than »^l!P ?'Tiff "'SSUed •"*for <**"Defective Work-The same guarantee and SS^'^SS.Al^?Wind8d for three (3)years from *•*»of fimi Acceptance as«d,cated in die CONSULTANT Letter of Recommendation of Acceptance.If Issued,the Certificate of Occupancy,if issued,or the Certificate of Completion.If Issued by the City,whichever Is applicable and if more than one is applicable,the one that Is issued last for latent Defective Work.The CITY will give notice ofobserved 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 fall to prosecute Y^*8 T**cont,nuous,y 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 Z 2,r«Kr?^a™-l!,e *e DefeCtive Work Wbe removed or correcttd and to complete the WorkattheCONTRACTORSexpense,and the CITY shall charge the CONTRACTOR the cost thereby Incurred.The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents,if different from the period of time listed in Section 13.1,shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent on alimited basis for the OWNER,at the CITY'S option,solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose ofcompleting all forms for Warranty/Guarantee coverage under this Contract 13.4 In case of default by the CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurredthereby. 13.5 The CITY may withhold acceptance of.or reject Items which are found upon examination,not to meet the specification requirements.Upon written notification ofrejection,items shall be removed within five (5)business days by the CONTRACTOR at his own expense and redelivered at his expense.Rejected goods left longer than thirty (30)calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good orto compensation ofany kind.Rejection for Non-Conforming Work or failure to meet delivery schedules may result intheContraa being found In default ARTICLE 14.PAYMENTS AND COMPLETION, Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contraa Documents and the issuance by the City of a •purchase order",or any other document does not and shall not authorize the commencement ofthe Work.At least ten (10)calendar days before each progress payment falls due (but not more often than once amonth),the CONTRACTOR shall submit to the CONSULTANT apartial 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 ormaterials Incorporated into the work during the period oftime for which the previous progress payment was made, releasing such claims and lien rights.If any.ofthose 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 25 the partial payment estimate shall also be accompanied by such supporting data,satisfactory to the CITY, which establishes the OWNER'S title to the material and equipment as well as certificates of insurance providing coverage for 100%ofthe 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 atits expense any stored materials paid for which are either damaged or stolen before installation.The CONSULTANT will within ten (10)calendar days after receipt ofeach partial payment estimate,either certifying in writing its approval ofpayment and present the partial payment estimate to the OWNER,or return the partial payment estimate to the CONTRACTOR,indicating in writing his reasons for refusing to approve payment In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate.The OWNER,will within thirty (30)calendar days of presentation toitofany approved partial payment estimate,pay the CONTRACTOR a progress payment on the basis ofthe approved partial payment estimate.The OWNER shall retain ten (10%)percent of the amount of each payment until Final Completion and Acceptance ofall Work covered by the Contract Documents. Any Interest earned onthe retainage shall accrue tothe benefit ofthe OWNER. 14.2 The CONTRACTOR,before it shall receive final payment,shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute aswell 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 TlrI* 14.3 The CONTRACTOR warrants and guarantees that tide to all Work,materials and equipment covered by an Application for Payment whether the Work,material or equipment is incorporated in the Project or not shall have passed to the OWNER prior to the making ofthe Application for Payment free and clear ofall liens,claims,security interest and encumbrances (hereafter in these General Conditions referred to as KUensw);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 atthe 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 orotherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTANTS approval ofany payment requested In an Application for Payment shall constitute a representation by him tothe CITY,based onthe CONSULTANT'S onsite observations oftheWorkin progress as an experienced professional and on his review of the Application for Payment and supporting data,that the Work has progressed to the point indicated In the Application for Payment;that to the best his knowledge,Information and belief,the quality oftheWork is In accordance with the Contraa Documents (subjea to an evaluation ofthe Work as a functioning Projea upon substantial completion as defined in Article I,to the results of any subsequent tests called for in the Contraa Documents and any qualifications stated in his approval);and that the CONTRACTOR is entitled to payment ofthe amount approved.However,by approving,any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity ofthe Work,or that he has reviewed the means,methods,techniques,sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid orto be paid to him on account ofthe Contraa Price,or that title to any Work,materials,or equipment has passed to the OWNER free and clear ofany 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 atan approved location,and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers,except for the amounts listed below beside the names of the persons who performed work orsuppliedmaterials". 26 In theeventthattheCONTRACTOR withholds payment from a Subcontractor or Supplier,the same amount ofmoney shall be withheld from the CONTRACTOR'S payment until the issue is resolved by writtenagreement between themandthenajointcheck shall bemade payable tothepersoninquestion andtheCONTRACTORin accordance withthesettlementagreement otherwise themoney shall be heldbythe OWNER untilajudgmentisenteredin favor ofthe CONTRACTOR ortheperson,in which casethemoney shall be paid according with said judgmentNothing contained herein shall indicate an intentto benefit any third persons who are not signatories tothe Contract. 14.6 The CONSULTANT may refuse toapprovethewholeoranypartofanypayment If,inits opinion,itis unabletomakesuchrepresentationstothe OWNER asrequiredthis Sealon 14.Itmayalsorefuseto approve anypaymentoritmayvoid any prior paymentapplication certification becauseof subsequendy discoveredevidenceortheresultsofsubsequentinspectionor tests tosuch extent asmaybenecessary in Its opinionto protea the OWNER fromlossbecause: 14.6.1 ofDefective Work,or completed Work hasbeendamagedrequiringcorrectionorreplacement, 14.6.2 the Work forwhichpaymentisrequestedcannotbeverified, 14.6.3 claimsofLienshavebeen filed orreceived,or there isreasonableevidence indicating theprobable filing orreceipt thereof, 14.6.4 the Contraa Price has been reduced because of modifications, 14.6.5 theCITYhascorrectDefectiveWorkorcompletedthe Work in accordance withArticle 13. 14.6.6 of unsatisfactory prosecutionoftheWork,including failure to clean upasrequiredby paragraphs 6.29 and 6,30, 14.6.7 ofpersistent failure tocooperatewithothercontraaorsontheProjeaandpersistent failure to carry out the Work in accordance with theContractDocuments, 14.6.8 ofliquidateddamages payable bythe CONTRACTOR,or 14.6.9 ofany other violationof,or failure tocomplywithprovisions of the Contraa Documents. 14.7 Prior to Final Acceptance theOWNER,withthe approval oftheCONSULTANT,mayuseanycompleted or substantially completed portions oftheWork provided such usedoesnot interfere withthe CONTRACTOR'Scompletionofthe Work.Suchuse shall notconstitutean acceptance ofsuch portions of the Work. 14.8 TheCITY shall havetherighttoenterthepremisesforthepurposeofdoingWork not coveredbythe Contraa Documents.This provision shall notbeconstruedas relieving theCONTRACTORofthesole responsibilityforthecareandprotectionofthe Work,orthe restoration ofanydamaged Work except suchasmaybecausedby agents or employees of the OWNER. 14.9 Upon completion andacceptanceofthe Work the CONSULTANT shallissueaCertificateattachedto the Final Application forPaymentthatthe Work hasbeenacceptedbyitunderthe conditions ofthe Contraa Documents.Theentire balance foundtobeduethe CONTRACTOR,including the retained percentages,butexcept such sums as may be lawfully retained bythe OWNER,shall be paid tothe CONTRACTOR within thirty (30)calendar days of completion and acceptance oftheWork. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register asan ePayables Vendor with theOwner.TheBankofAmerica ePayables Solutionisanautomatedcardpaymentprocessthatshifts accounts payable disbursements to corporate purchasing cards.ePayables,streamline the process of making payments toyour organization going forward,the City will provide the CONTRACTOR witha credit card account number tokeepon file.This card has unique security features,with$0of available funds until an invoice is approved for payment Afteran invoice has received proper and complete approval,an electronic remittance advice will besent 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 onthe invoice and/or remittance email.Please refertothe ePayables Questions &Answers Form contained inthisITQor contaa theOWNER'S Finance departmentat (305)663-6343 withany questions. Acceptanceof Final PaymentasRelease 14.11 The Acceptance bytheCONTRACTORof Final Payment shall be and shall operate asa release tothe OWNERanda waiver of all claims and all liability totheCONTRACTORotherthan claims previously filed and unresolved.Thewaiver shall include all things doneor furnished In connectionwith theWork and for everyaa and neglect ofthe OWNER and others relating toor arising outof this Work.Any 27 payment however,final or otherwise,shall notrelease the CONTRACTOR or its sureties from any obligations undertheContract Documents orthe Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion ofthe Work as may be necessary in his opinion to protect the OWNER from loss if he determines,because of subsequently discovered evidence orthe results of subsequent inspection or tests,that* 14.12.1 theWorkis defective,orthatthe completed Work has been damaged duetothe fault ofthe CONTRACTOR or any individual or entity operating under or through it requiring correoion or replacement tothe extent thatthe projeaIs no longer Substantially Completed,or in the caseof Final Completion certification,isno longer Finally Competed. 14.12.2 theWork necessary tobe completed forthe purpose of certifying theworkas being Substantially Completedor Finally Completedcannotbe verified, 14.12.3 claims or Liens havebeen filed or received,orthereisreasonableevidence indicating the probable filing or receipt thereof that If valid and paid,would reduce the amount owing tothe CONTRACTOR BY 20%inthecaseof Substantial Completion and 5%in thecaseof Final Completion. 14.12.4 there Is Defective Workthevalueof which,if deduaed fromthecontractpricewouldreduce the amount owing tothe CONTRACTOR BY 20%in the case of Substantial Completion and 5% inthecaseof Final Completion. 14.13 Ifthe CONSULTANT de-certifies any portion oftheWorkthat was certified ("Initial Certification")by the CONSULTANT,the CONTRACTOR shall repay tothe City of South Miami any money paid asa resultof said Initial Certification being issuedwhich shall be paid onlywhenthe decertified workisre certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The CITY may,at any time and without cause,suspend theWorkor any portion thereoffora period of notmorethan ninety (90)calendar days by notice In writing tothe CONTRACTOR andthe CONSULTANT,which shall fix thedateon which Work shall beresumed.The CONTRACTOR shall be allowedanincrease in the Contract Price or anextensionofthe Contraa 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 II or Article 12. City May Terminate 15.2 Ifthe CONTRACTOR is adjudged bankrupt or Insolvent or if he makes a general assignment forthe benefit of Its creditors,orifatrusteeor receiver is appointed forthe CONTRACTOR orfor any its property,orifhe files a petition to take advantage ofany debtor's actorto reorganize under bankruptcy or similar laws,or If he repeatedly falls 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 orhe disregards laws,ordinances,rules,regulations or orders of any public body having jurisdialon,orifhe disregards theauthorityofthe CONSULTANT,or Ifheotherwise violates any provision of,theContraa Documents,thenthe 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 ofthe CONTRACTOR andtake possession oftheProjeaandof all materials, equipment tools,construaion 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 entided to receive any further payment until the Work Isfinished.Ifthe unpaid balance ofthe Contract Price exceedsthe direa and Indlrea costsof completing theProject including compensation for additional professional services,such excess shall be paid tothe CONTRACTOR.If such costs exceed such unpaid balance,the CONTRACTOR or the Surety on the Performance Bond shall pay the difference tothe OWNER.Such costs Incurred bythe OWNER shall be determined bythe CONSULTANT andIncorporatedina Change Order. Ifafter termination ofthe CONTRACTOR underthis Section,It is determined byacourtofcompetent jurisdiction for any reason thatthe CONTRACTOR was not in default the rights and obligations of the OWNERandthe CONTRACTOR shallbethesameasIf the terminationhadbeenissuedpursuantto Section 15.5 28 15 3 Where the CONTRACTOR'S services have been sp terminated by the CITY said termination shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue.Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release theCONTRACTORfrom liability...„..-..«•u nw154Uponseven(7)calendar days written notice to the CONTRACTOR and the CONSULTANT,the CITY may,without cause and without prejudice to any other right or remedy,elect to terminate the Contract for the convenience of the OWNER.In such case,the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as 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. 15 4A The CITY reserves the right in the event the CONTRACTOR cannot provide an ltem(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the Intent ofthe Contract Removal ofEquipment 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 orall of its equipment and supplies from the property of the OWNER.Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them atthe expense of the CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage to such equipment or supplies.Equipment and supplies shall not be construed to include such herns for which the CONTRACTOR hasbeen paid Inwholeorinpart, Contractor May StopWork or Terminate15.6 «.through,noact orfault ofdie 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 courtortheCONSULTANTfallstoactonanyApplicationforPaymentwithinthirty(30)calendar^days after it is submitted,or the OWNER 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,upontwenty(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^matinj!*•. Contract,if the CONSULTANT has failed toact on an Application for Payment orthe OWNER has failed to make any payment as afore said,the CONTRACTOR may upon ten (10)calendar days'notice to the CITY and the CONSULTANT stop the Work until Ithas been paid all amounts then due. toriftmnlftartpn of Independent Consultant.(~r»M«iiTAMTi.anind«0endant157TheCONTRACTORandtheCITYherebyacknowledgesthatiftheCONSULTANTisanIndependent contractor of the OWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR orthe OWNER pursuant to the terms of the Contract Documents.Therefore,the OWNER,atthe CONSULTANT'S request,agrees to provide the CONSULTANT with awritten indemnification and hold harmless agreement.to_Indemnity and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation,de-certlfles apayment application,decertifies Substantial Completion,decertifies Final Completion,certifies an event of default or approves any action which requires the approval of the CONSULTANT. ^Tl«F IA -MISCELLANEOUS. 16 I Whenever any provision of the Contract Documents requires the giving of written notice itshall oe 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,orIf delivered ator sent by registered or certified mail,postage prepaid,tothelastknown business address.162 ThVCo^trSttDocumentsshall remain the property of the OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon compledon of the Project 29 16.3 The duties and obligations imposed by these General Conditions,Special Conditions and Supplementary Conditions,if any,and the rights and remedies available hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder,shall be in addition to,and shall not be construed in any way as a limitation of,any rights and remedies available by law,by special guarantee or by other provisions ofthe Contract Documents. 16.4 Should the OWNER or the CONTRACTOR suffer Injury or damage to Its person or property because of any error,omission,or act ofthe other orofany 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 ofthe first observance ofsuch injury or damage. ARTICLE 17 -WAIVEROF fllfty TRIftt , 17.1 OWNER and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waive any right either may have to a trial by Jury in State or Federal Court proceedings in respect to any action,proceeding, lawsuit or counterclaim arising out of the Contract Documents orthe performance of the Work thereunder. ACTKM It -ATTORNEYS FEES IURISP1CTBOM /venue /gqvebmim^|aw, 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Rorida. 18.2 The parties submit to the jurisdiction of any court of competent lurisdlctlon In Florida regarding any claim or action arising outofor relating to the Contract or Contract Documents.Venue ofany action to enforce the Contract shall be In Miami-Dade County,Rorida. 18.3 Except as may be otherwise provided in the Contract Documents,all claims,counterclaims,disputes and other matters In question between the OWNER and the CONTRACTOR arising out of or relating to this Contract or the breach thereof,shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROJECT RC<TOfrftS 19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense,the books and records and accounts of CONTRACTOR which relate in any way to the Project,and to any claim for additional compensation made by CONTRACTOR,and to conduct an audit ofthefinancial and accounting records of CONTRACTOR which relate tothe Project CONTRACTOR shall retain and make available to CITY all such books and records and accounts,financial or otherwise,which relate to the Project and to any claim for a period of three (3)years following final completion of the Project,During the Project and the three (3)year period following final completion of the Project CONTRACTOR shall provide CITY access to its books and records upon five (5)business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701)while providing service*on behalf ofthe OWNER and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Project.CONTRACTOR and its subcontraaors are specifically required to:(a)Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service;(b)Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and ata cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;and (d)Meet all requirements for retaining public records and transfer,at no cost to the public agency all public records In possession ofthe contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems ofthe public agency. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this 30 provisionshallbe liable toOWNERforitscostsof enforcing thisprovision,including attorneyfees incurredinall proceedings,whether administrative or civil courtandinall appellate proceedings. ARTICLE 2Q -SEVERABILITY, 20.1 If anyprovisionofthe Contract or theapplicationthereoftoanypersonorsituationshalltoany extent, be held invalid or unenforceable,the remainder oftheContractandthe application ofsuch provisions to persons orsituations other thanthoseastowhichitshallhavebeenheld invalid orunenforceableshall not beaffectedthereby,andshall continue infullforceand effect andbe enforced to the fullest extent permitted bylaw. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 TheCONTRACTORisanindependentCONTRACTORunderthe Contract Servicesprovidedbythe CONTRACTOR shall bebyemployeesofthe CONTRACTOR andsubjectto supervision bythe CONTRACTOR,andnotas officers,employees,or agents oftheOWNER.Personnel policies,tax responsibilities,socialsecurityandhealthinsurance,employeebenefits,purchasingpoliciesand other similar administrative procedures,applicable to services renderedundertheContract shall bethoseof the CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall nottransferor assign anyofits rights orduties,obligations and responsibilities arising undertheterms,conditionsandprovisionsofthisContractwithoutpriorwrittenconsentofthe City Manager.The CITY willnot unreasonably withhold and/or delay itsconsenttothe assignment ofthe CONTRACTOR'S rights.The CITYmay,initssoleandabsolutediscretion,refusetoallowthe CONTRACTOR to assign its duties,obligations and responsibilities.Inanyeventthe CITY shall not consent tosuchassignmentunless CONTRACTOR remainsjointlyandseverallyliableforanybreachof theAgreementbytheassignee,the assignee meets all ofthe CITY'S requirementstothe CITY's sole satisfactionand the assignee executes allof the Contract Documents that were required tobe executed bytheCONTRACTOR IN WITNESS WHEREOF,the parties hereto have^executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this f r^day of ftuG^M ,20 fU. City Clerk CONTRACTOR:^jXy^^^<^OrJ^'-<~C^ Signature:_ Print Signatory's Name:\Mm f~>($AE>/fiJ Title of Signatory:[J<S^\<Xp*^ ReadandApprovedastoForm,Language, Legality,andExecution Thereof: Signature: City Attorney 31 I Supplementary Comdltions Demolition Services I ITQ#BD20I6-I3 it A.Consultant:In accordance with ARTICLE Iof the General Conditions CONSULTANT is defined as theperson.dentified as the CONSULTANT in the Supplementary Conditions or if none,then OtS S*"S rfp"esentiliv!*s ,dentlfled in th*Supplementary Conditions.The CONSULTANTS,rf any.foltws:Representative's name,address,telephone number and facsimile number are as Consultant:^A B'^TZ^comSLr^lCTiantl ?othing herein sha"prevent *•CITY from "™lrati"8*erSSffarClONSULTANTorfro™substituting another "person"to act as the CONSULTANT.C Plans for Consm.ct.on:The successful CONTRACTOR will be furnished sets of CON^CTor^With°Uu SEE.Any additional c°P',es ret»uired will be furnished to theCONTRACTORatacosttotheCONTRACTORequaltothereproductioncost and InT^ZT'««°r-hrt*»"**W°rk'"*e COntract d°~™"«.is as set forth In the ITQshallu^deie "*°'*"*****8TQ and "there *aCOnflict the aMached ""* Contractor shall comply with the Insurance and Indemnification requirements is set forth in the ITQ and LttdS S^l^Z^'rl'H f3iCalt""'ar^Unl6SS ashorter «™"«*fo«h in the Contract and CONTRACTOR:^Tkg.i3(3 C^ggpje HjCL D. E. F. *laria M< CityClerk Read and Approved as to Form,Language. Legality,and Execution Thereof: Signatures City Attorney Signature*^k^ Print Signatory's Name:\MM f^AEV1 A.1 Title of Signatory:(\AO^gl^p^A-^^SJVnibvC^ OWNER:CITYpi^SOUTHIMJAMr-^/7 %4^4d4M^O Signatures 32 ACORty CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/5/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder isan ADDITIONAL INSURED,the policy(ies)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 holderinlieuof such endorsement(s). PRODUCER Bateman Gordon and Sands 3050 North Federal Hwy Lighthouse PointFL 33064 The BG Group,LLC 1140 Holland Drive;Suite #19 Boca Raton FL 33487 COVERAGES BGGRO CERTIFICATE NUMBER:976739456 CONTACT NAME: ™cNno.Ext,:954-941-0900 ADDRESs:jjohnson(S)bgsagency.com INSURER(S)AFFORDING COVERAGE insurer a Nautilus Insurance Company insurer b :Great Divide Insurance Company insurerc :Bhdgefield Employers Ins.Co. INSURER E: FAX (a/c,no);954-941-2Q06 NAIC# 17370 25224 10701 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE GENERAL LIABILITY "/ COMMERCIAL GENERAL LIABILITY ICLAIMS-MADE [X [OCCUR BI/PD Ded $5,000 Contractual/XCU GEN'L AGGREGATE LIMIT APPLIES PER: POLICYr|X|PRP-JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS UAB SCHEDULED AUTOS NON-OWNED AUTOS OCCUR CLAIMS-MADE DED RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS*LIABILITY .y f N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory inNH) If yes,describe under DESCRIPTION OF OPERATIONS below ;B INSR [SUBS] WVD POLICY NUMBER ECP201259711 BAP201258411 FFX201259811 83049393 POLICY EFF (MM/DD/YYYY) 8/31/2015 8/31/2015 8/31/2015 11/10/2015 POLICY EXP (MM/DD/YYYY) 8/31/2016 8/31/2016 8/31/2016 11/10/2016 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MEDEXP(Any ons person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT fEa accident) BODILYINJURY(Per person) BODILYINJURY(Per accirjenl) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE v WC STATU-A TORY LIMIT? E.L EACH ACCIDENT OTH- _EJ3_ E.L DISEASE -EA EMPLOYEE E.L.DISEASE -POLICY LIMIT $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $8,000,000 $8,000,000 $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES(AttachACORD 101,AdditionalRemarksSchedule,ifmore space isrequired) General Liability:Blanket Additional Insured Including On-Going andCompletedOperationsandBlanket Primary and Non-Contributory,as requiredbywrittencontract,per ENV2154 A0906;Blanket Waiver ofSubrogationasrequiredbywrittencontract,perENV20040906. Automobile Liability:BlanketAdditionalInsured,perBSUMCA060213;BlanketWaiverofSubrogation,perENV22220408. Umbrella/Excess Liability extends coveragetoGeneral Liability (except General Liability perprojectaggregate),Automobile Liability and Workers Compensation/Employers Liability. Workers Compensation:-Blanket Waiver of Subrogation asrequiredbywrittencontract,per WC000313 0484. ALL COVERAGES ARE SUBJECT TOTHE POLICY TERMS,CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION Cityof South Miami 6130 Sunset Drive South Miami FL 33143 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD rvivsts w^w i*i* STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ?""ISSUED:~O6/14/2O10 CONSTITUTIONAL TAXCOLLECTOR Serving PalmBeachCotatty Serving;1/01/. *'"'*>»-«:.;;**:*" DISPLAY AS REQUIREDBY LAW P;0.Box 3353,West Palm Beach,FL.33402~3353 www.pbctaxvcom Tel:(561)'355-2264 SEQ#L1606140001244 ^LOCATED AT** 1140 HOLLAND DR BOGA RATON,FL 33487 TYfe OF BUSINESS OWNER CERTIFICATION »RECEIPT #/DATE PAID AMTPA10,B.IUL'#: 23-0QB1 GENERAL CONTRACTOR OREENBERG $f EVEN CGC1611135 B16.451185-07/14/16 $27,5Q 840118299 This documeritls validonly when receipted by the..Tax.Collector's'Office. BG GROUP LLC BG GROUP LLC 1140 HOLLAND DR BOCA RATON,FL 33487-2764 tflhiflliiliillifliliiiliililliiililliiilnl B2-1029 STATE OF FLORIDA PALM BEACH COUNTY 2016/2017 LOCAL BtiSINESB TAX RECEIPT LBTR Number:200621397 EXPiRES:SEPTEMBER 30,2017 This receipt grants theprivilege of engaging in or managing anybusiness profession oroccopatloh within its jurisdiction andMUSTbe conspicuously displayed attheplaceof business and in sucha mannerastobeopen tothe viewof thi public. LOCAL BUSINESS TAX RECEIPT #1600040569 BG GROUP LLC;-THE GREENBEROvSTBVRN R. 1140 HOLLAND PR 19 CITY OF BOCA RATON BUSINESSTAX AUTHORITY 201 WEST PALME'ITO PARK ROAD BOCA RATON,FLAr 33432-3795 BUSINESS TAX RECEIPT CERTIFICATE OFUSE EXPIRES:9/30/16 THIS IS HOT A BILL Any changes in name,address, suite,ownership,ect.will require a new ^plication within 15 daystoavoid penalty or the license is null and void. Business Tax fee: Penally fee; Late fee: Additional fee: Transfer fee; Total paid: 103,00 ,00 .00 .00 .00 105.00BGGROUPLLC.-THK U40HOLLAI4DDR19 BOCA RATOM FL 33487 has paid the'business taxattheabove address for the period beginning the 1st day ofOctober and ending the 30th day of Classification:CONTRACTOR,(OL)GHNERAL »«•»..u.«c>2iifvc »>imr*»cvi/»n <m-n<:<kiio»lint>op Serving the State of Florida Member Name Bid Number Bid Name City of South Miami ITQ-ITQ#BD2016-13-0- Demolition Services 4 Document(s)found for this bid 7 Planholder(s)found. Supplier Name Address 1 City Stat Zip Phone Attributes Construction DataFax 2764 Pelham Parkway Pelham AL, 35124- 1702 8008803282 Construction Journal, Ltd.400 SW 7th Street Stuart FL 34994 8007855165 Cunano Builders Corp 16259 sw 81 st Miami FL 33193 7862583719 drafting services 10755 sw 87th ave miami FL 33176 3058031508 Link Systems LLC 5870 Hummingbird Court Titusville FL 32780 4074010031 1.Small Business TheBG Group 1140 Holland Dr,suite 19 Boca Raton FL 33487 5619987997 Upper Keys Consulting LLC 112 Bahama Rd.KeyLargo FL 33037 7864121901 7/20/2016 Florida Department of State Division of Corporations Detail by Entity Name Florida Limited Liability Company THE BG GROUP,LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 1140 HOLLAND DRIVE SUITE 19 BOCA RATON,FL 33487 Changed:01/14/2009 Mailing Address L03000003325 81-0593332 01/28/2003 FL ACTIVE 1140 HOLLAND DRIVE SUITE 19 BOCA RATON,FL 33487 Changed:01/14/2009 Registered Agent Name &Address DetailbyEntity Name GREENBERG,STEVEN R 1140 HOLLAND DRIVE SUITE 19 BOCA RATON,FL 33487 Address Changed:01/14/2009 Authorized Person(s)Detail Name &Address Title MGR GREENBERG,STEVEN R 1140 HOLLAND DRIVE #19 BOCA RATON,FL 33487 Title MGR http://search.sunbiz.orgflnquiry/Cwporat^^1/2 7/20/2016 GREENBERG,IVY FRADIN 1140 HOLLAND DRIVE #19 BOCA RATON,FL 33487 Annual Reports Report Year 2014 2015 2016 Document Images Filed Date 01/08/2014 01/07/2015 01/23/2016 01/23/2016 -ANNUAL REPORT 01/07/2015 -ANNUAL REPORT 01/08/2014 -ANNUAL REPORT 01/24/2013 -ANNUAL REPORT 02/07/2012 -ANNUAL REPORT 01/04/2011 -ANNUAL REPORT 01/04/2010 -ANNUAL REPORT 01/14/2009 -ANNUAL REPORT 01/04/2008 -ANNUAL REPORT 02/13/2007 -ANNUAL REPORT 01/27/2006 -ANNUAL REPORT 01/07/2005 -ANNUAL REPORT 02/17/2004 -ANNUAL REPORT 01/28/2003 -Florida Limited Liabilites DetailbyEntity Name View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format View image inPDF format http://search.sunbiz.org/lnquiry/COTporationSearch/SearchResultDetail?inquirytype=EntityName&directionTy 212 2016 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT#L03000003325 Entity Name:THEBG GROUP,LLC Current Principal Place of Business: 1140 HOLLAND DRIVE SUITE 19 BOCA RATON.FL 33487 FILED Jan 23,2016 Secretary of State CC3412958904 Current Mailing Address: 1140 HOLLAND DRIVE SUITE 19 BOCA RATON,FL 33487 FEI Number:81-0593332 Name and Address of Current Registered Agent: GREENBERG,STEVEN R 1140 HOLLAND DRIVE SUITE 19 BOCA RATON,FL 33487 US Certificate of Status Desired:Yes The above named entity submitsthis statement forthepurposeofchanging Its registered officeorregistered agent,orboth,intheStateofFlorida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s)Detail: Title MGR Name GREENBERG,STEVEN R Address 1140 HOLLAND DRIVE #19 . City-State-Zip:BOCA RATON FL 33487 Title MGR Name GREENBERG,IVY FRADIN Address 1140 HOLLAND DRIVE #19 City-State-Zip:BOCA RATON FL 33487 Date I hereby certify that theinformation indicated onthisreport orsupplemental report is true andaccurate andthat myelectronic signature shallhavethesamelegaleffectasIfmade under oath:that I ama managing member ormanager ofthelimited liability company orthereceiver ortrustee empowered toexecute thisreport as required by Chepter 605,Florida Statutes;and thatmynameappearsabove,oronan attachment with allotherlikeempowered. SIGNATURE:IVY FRADIN GREENBERG MANAGING MEMBER 01/23/2016 Electronic Signature ofSigning Authorized Person(s)Detail Date