The URL can be used to link to this page

Res No 157-16-14712RESOLUTION NO.:157-16-1471 2 AResolution authorizing theCity Manager tonegotiateandenterintoacontractwith Maggolc,Inc.for the SW74TerraceRoadway&Drainage Improvement Project. WHEREAS,the Mayorand City Commission wishtoprovidedrainageandroadwayimprovementsalong SW 74th Terrace,between SW 58th Avenue and SW 59th Avenue,and WHEREAS,pursuant toa competitive selection process,itwas determined that Maggolc,Inc.submitted a proposalin the amount of$139,882.50 that was the most comprehensive andcosteffectiveinits construction approach;and WHEREAS,the City desires to provide a contingency of $44,000 over the proposal amount for unknown factors that may arise during the work;and WHEREAS,the total expenditure,including the contingency amount,isnottoexceed $183,882.50;and WHEREAS,the MayorandCityCommission desire to authorize the City Manager to negotiate and enter intoa contract withMaggolc,Inc.fordrainageandroadway improvements fora total amount nottoexceed $183,882.50. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:The City Managerisauthorizedtonegotiatethe price,termsandconditionsandtoexecutea contractwith Maggolc,Inc.forthe SW 74 Terrace Roadway &Drainage Improvement Projectforanamountnotto exceed $139,882.50 andheis authorized to expend upto $44,000 for unforeseen conditions.A copy ofthe approved form of contract is attached andthe City Manager may negotiate a lower price and more advantageous terms and conditions if approved by the City Attorney. Section2:Theexpenditure shall bechargedtothePeople'sTransportation Plan Tax Fund account number 124-1730-541-6490,which hasa balance of $1,096,533,andto Local OptionGasTrustFundaccount number112-1730-541-6210,whichhasabalanceof $122,117,beforethis request wasmade. Section 3:Ifanysection clause,sentence,orphraseofthis resolution isforanyreasonheld invalid or unconstitutional byacourtofcompetent jurisdiction,the holding shall notaffectthe validity ofthe remaining portions of this resolution. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this1 6hh dayof August-.2016. ATJEST:APPROVED:f MAYOR COMMISSION VOTE:§-§ Mayor Stoddard Yea Vice Mayor Welsh Yea Commissioner Harris Yea Commissioner Liebman Yea Commissioner Edmond Yea hTMi<South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:TheHonorableMayor&Members of the City Commission From:Steven Alexander,City Manager Date:August 16,2016 Agenda Item No.:_7 Subject:A Resolution authorizing the CityManagerto negotiate and enter into a contract with Maggolc,Inc. for the SW74Terrace Roadway &Drainage Improvement Project. Background:ThisprojectwilladdressdrainageissuesonSW74th Terrace,between SW58thAvenueandSW59th Avenue.TheCityhas received complaintsfromresidentsinregardstofloodinginthisarea. Thescopeincludestheimplementationofexfiltration systems withcatchbasins.Roadway resurfacing willalsobeincludedaspartofthescope,duetotherequired repairs fromthe drainage system installation.This includes,butisnot limited to,the furnishing of all labor,material,tools, equipment,machinery,disposal of all materials,maintenanceof traffic,drainage,milling,clearing and grubbing,asphalt placement,and striping and services necessary for the completion ofthe construction of the project. The City receivedseven proposals inresponsetoa solicitation.Pursuant to review,itwas determinedthat Maggolc,Inc.isthemost responsive and responsible bidderforthis proposal. Beloware the proposals received: Amount: Account: Contractor Bid Price Maggolc $139,882.50 Coramarca Corp $158,675.95 Florida Construction Engineering $163,915.19 Metro Express $169,517.50 Williams Paving $173,241.59 Rock Power Paving $184,242.90 V Engineering $259,478.00 A contingency amountof $44,000 will be included overthe proposal amount of $139,882.50 to addressfor unknown factors that mayariseduring the work. Amount not to exceed $183,882.50 Theexpenditure shall be charged $138,882.50 tothe People's Transportation Plan Trust Fund account number 124-1730-541-6490,whichhasabalance of $1,096,533 before this request was made;andto$45,000to the Local OptionGasTrustFund account number 112-1730-541- 6210,which have balances of $122,117,before this request was made.. Attachments:Resolution Pre-BidSign-in Sheet Bid Opening Report Maggolc Proposal Demand Star Results Sun Biz Advertisement <V.vr. **fti^^^BlliKimi -..vtf->:.-i.;-.'.•".••:>.-..y,.y.•••-••."..••>•!••.;;.•.-••..;--^.-,...;•,•-v..•.-A'-V,•^---^y ••^ya;v*>Y:i^:^^,.-^.- # \piiA^giMrt "^vBSC:f..;.»jy srs rWIPH"^#-0^ vi:^V f: itio^iSM Wftftefes> FHfit>t^DKe Wittiest .jftrintMajtift Signature xr&&&zftt3ffiFStei^ Date: RFP Title: RFPNo.: Please Print Clearly Name/Title /fobs/)£*fa,n di&r-'r -k*r'£vr»'h South'Miami THECITYOF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet July 21,2016 SW 74in Terrace Roadway and Drainage Improvement Project RFP#PW2016-15 Company Name/E-mail Address Telephone No. Ffariot^sffiftJ'scn^^'jin^^M-fee5Z$y*bWP»C 0S+1 vs-w-y&i f?Pt-tfw.b ;2ZTA/A Vb^tisfyty.. X:\Purchasing\Request for Proposals &Qualification (RFPs)\SW 74 Terrace Road and Drainage Improvements 2016\Pre Bid\Pre-Bid SW74 pt Improvements 7.21.16.doc BID OPENING REPORT Bids were opened on;Friday.August 5,2016 after:10:00am For:RFP #PW 2016-15 "SW 74"Terrace Roadway &Drainage Improvement Proi COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: 1.CORAMARCACORP ^/S.0^7S, 2.FLORIDA CONSTRUCTION &ENGINEERING,INC $/&3.,^J 3.MAGGOLC,INC 4.METRO EXPRESS,INC 5.ROCK POWER PAVING,INC 6.V ENGINEERING &CONSULTING CORP. 7.WILLIAMS PAVING CO.,INC.... THE ABOVE BIDS HAVE-NOT-BEEN CHECKED. THEBIDSARE SUBJECT TO CORRECTION AFTER THEBIDSHAVEBEEN COMPLETELY REVIEWED. City Clerk:jtfaHf Mi M«>^>Tfr^ Print Name Witness:^T^T^c/^g^; Print Name Witness: Print Name Signature Sou#Miami THfi CltY OP W.HASANT UVING CITY OF SOUTH MIAMI SW 74*TerraceRoadwayandDrainage Improvement Project RFP#PW20I6»I5 Solicitation Cover Letter TheCityof South Miami,Florida (hereinafter referredtoas "CSM")through its chief executive officer (City Manager)hereby solicits sealed proposals responsive totheCity'srequest(hereinafterreferredtoas "Request for Proposals'"or "RFP").All referencesinthis Solicitation (alsoreferredtoasan "Invitation for Proposals"or "Invitation to Bid"to "City"shall beareferencetotheCity Manager,orthe manager's designee,for die Cityof South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to RFP #PW20I6-J5,"SW 74th Terrace Roadway andDrainage Improvement Project.91 Thepurposeofthis Solicitation istocontractforthe services necessary forthe completion oftheprojectin accordance withtheScopeof Services,(Exhibit I, Attachment A)and,the Schedule of Values,(Exhibit I,Attachment B),andtheConstruction Plans andSite Locations, (Exhibit /,Attachment Qt orthe plans and/orspecifications,Ifany,described inthis Solicitation (hereinafter referred toas"the Project"or "Project") Interestedpersonswho wish torespondtothis Solicitation canobtainthecomplete Solicitation package atthe City Clerk's office Monday through Friday from 9:00 a.m.to4:00 p.m.or by accessing the following webpage: http://www.soutfimlamlfl.gov/which isthe City of South Miami's web addressfor solicitation information. Proposals are subject tothe Standard Termsand Conditions contained in the complete Solicitation Package, including alldocumentslistedinthe Solicitation. TheProposal Package shallconsistofone (I)original unbound proposal one(!)additionalcopyand one (I)digital(orcomparable medium including Flash Drive,DVDorCD)copy all of which shall be delivered tothe Office ofthe City Clerk located at South Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143.Theentire Proposal Package shall be enclosed ina sealed envelope or container and shall have the following Envelope Information clearly printed or writtenontheexteriorofthe envelope orcontainerin which the sealed proposal Is delivered:"SW 74th Terrace Roadway and Drainage Improvement Project/'RFP #PW20I6-I5 andthenameofthe Respondent (person orentity responding tothe Solicitation.Special envelopes such asthose provided by UPS or Federal Express will notbe opened unless they contain the required Envelope Information onthefrontor back ofthe envelope.Sealed Proposals mustbe received by Office ofthe City Clerk,eitherby mall or hand delivery,nolater than 10:00 a.m.local time onAugust5,2016.Hand delivery must be made Monday through Thursday from8AM to 5PM to the office of City Clerk. A public opening will take place at 10:00 am onthe same dateintheCity Commission Chambers located at City Hall,6130 Sunset Drive,South Miami 33143.Any Proposal receivedafter 10:00 am local timeon said date will notbe accepted under any circumstances.Any uncertainty regarding thetimea Proposal is received will be resolvedagainstdie personsubmittingtheproposalandInfavoroftheClerk'sreceiptstamp. A Non-Mandatory Pre-Proposal Meeting willbe conducted at City Hallin the Commission Chambers located at 6130 Sunset Drive,South Miami,PL 33143 onJuly 21,2016 at 10:00 am The conference shall beheld regardless ofweather conditions.Proposals aresubjecttotheterms,conditions and provisions of this letteraswellastothose provisions,terms,conditions,affidavits and documents contained Inthis Solicitation Package.TheCityreservestherightto award theProjecttotheperson with the lowest,most responsive,responsible Proposal,asdeterminedbythe City,subjecttothe right ofthe City,or theCity Commission,torejectanyand all proposals,andtherightoftheCityto waive any irregularity inthe Proposals or Solicitation procedureandsubjectalso to therightoftheCitytoawardtheProject,andexecutea contraa witha Respondent or Respondents,otherthantoonewho provided thelowest Proposal Price or,iftheScopeofthe Work Isdividedintodistinct subdivisions,toawardeach subdivision toaseparateRespondents MariaM.Menendez,CMC CityClerk,CityofSouth Miami SCOPE OF SERVICES and SCHEDULE OF VALUES SW 74,h Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 The Scope of Services and the Schedule of Values,If any,are set forth in the attached EXHIBIT I Thomas F.Pepe 12/10/2015 END OF SECTION SCHEDULE OF EVENTS SW 74th Terrace RoadwayandDrainage Improvement Project RFP#PW20I6-I5 No Event Date* Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 7/13/2016 1:00 PM 2 Non-Mandatory Pre-RFP Meeting 7/21/2016 10:00 AM 3 Deadline to Submit Questions 7/26/2016 10:00 AM 4 Deadline to CityResponses to Questions 8/01/2016 10:00 AM 5 Deadline to Submit RFP Response 8/05/2016 10:00 AM 6 Projected Announcement ofselectedContractor/Coneof Silence ends 8/16/2016 7:00 PM Thomas F.Pepe 12/10/2015 END OF SECTION Proposal Submittal Checklist Form SW 74th TerraceRoadwayand Drainage ImprovementProject RFP#PW20I6-I5 This checklist Indicates theformsanddocuments required tobe submitted forthis solicitation andtobepresented bythe deadline setfor within the solicitation.Fulfillment of all solicitation requirements listed is mandatory for consideratioaofresponsetothe solicitation.Additional documents may be required and,Ifso,they will be identified inanaddendumtothis Solicitation.Theresponse shall include the following items: Attachments and Ot Documents described IF MARKED WITH AN Proposal Package shall consistofone(I)original unbound X proposal,one(I)additional copy and one(I)digital (or comparable ____medium Including Flash Drive,DVD or CD)copy X Indemnification and Insurance Documents EXHIBIT2 Construction Bid Form EXHIBITS x Signed Contract Documents (All -including General Conditions and Supplementary Conditions ifattached)EXHIBIT 4,5,<£6 x Performance and Payment Bonds (As a Condition Award.Not required with Submittal.)EXHIBIT 7 48 Respondents Qualification Statement JLlst of Proposed Subcontractors and Principal Suppliers _Non-Collusion Affidavit mPublic Entity Crimes and Conflicts ofInterest mDrug Free Workplace mAcknowledgement ofConformance with OSHA Standards ^Affidavit Concerning Federal &State Vendor Listings mRelated Party Transaction Verification Form Presentation Team Declaration/Affidavit of Representation Check Completed. </ J s y s \S i/ */ j \S yj Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Thomas F.Pepe 12/10/2015 RESPONDENT QUALIFICATION STATEMENT SW 74th Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 The response tothis questionnaire shall be utilized as part ofthe CITY'S overall Proposal Evaluation and RESPONDENT selection. 1.Numberof similar projects completed, a)In thepast5years Inthepast5yearsOnSchedule b)Inthepast 10 years Inthepast 10 yearsOnSchedule 2.Listthelastthree (3)completed similar projects. I9f /7 *2 *£ vs taai uu cc \a)uwiupiBUBU annual piujciut*j* a)Project Name:^^ggr-y^//%/&*//¥/&?ZL>y(?yrf<fiL^ Owner Name:(j-fry <&f /C£fr ^ Owner Address:^f.go*&^A*>&&<XTf WkLvJ H Owner Telephone:rfe7 <~-4l6-13Z6 fei6-?6?>-£L /.•%.? b) Thomas F.Pepe 12/10/2015 Original Contraa Completion Time ^_ (Days):/W Original ContractCompletionDate: Actual Final Contract Completion S/fdy^S^Date:'' Original Contract Price:<jg o/r3t *?-?8,X^ Actual Final Contract Price:$3 f$,<5~&St -**-j Project Name:£**&.•&«**%»(Q~AtffUf ^^W/V^flfc ^7^j Owner Name:UiCl^p^&-£/FolJim£$G ^tY \Owner Address:9^C^IFTtfffes &HS&A /^(^^S^f \ Owner Telephone:&0<S~<j £JfO<?f /<5<2^969 &Ot) Original Contract Completion Time (Days):/$Q sY/^/zs" Original Contract Completion Date:AJOU^^^^^I &*&&f \J Actual Final Contraa Completion Date: Original Contract Price:<y ^jj~^iJ&3 3 'TT Actual Rnal Contract Price J>03 g -^f-&*~££~ c)Project Name:<ir>ciA t*-+y &,£U*0>%jri>t fth^fk&/^W&fi/l.<[;/ o«,„*rN,m*A&cu^-&*&(J6Q*>fJ-ffJ6frt>ClU^s-*>Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time £f £l>f) Pays):^~ Original ContractCompletion Date:o 3l£1^50 &&r&?/&t /* Actual Final Contract Completion &3 /^hS)/E*~CD/& Original Contract Price: Actual Final Contraa Price: 3.Current workload ^93;?3l^ Owner Name Telephone Number {^«c^JLi&'f ^waobjjy 4.The following information shall be attached tothe proposal. a)RESPONDENTS home office organization chart,l/^ b)RESPONDENT'S proposedprojea organizational chart. c)Resumes of proposed keyprojea personnel,including on-site Superintendent 5.Listand describe any: Thomas F.Fepe 12/10/2015 s a)Bankruptcy petitions filed byor against the Respondent or any predecessor organizations, b)Any arbitration or civil or criminal proceedings,or Suspension of contracts or debarring from Bidding or Responding byany public agency brought c)against the Respondent in the last five (5)years jj)g ^^p 6.Government References: List otherGovernmentAgenciesorQuasi-GovernmentAgenciesforwhichyouhavedonebusiness withinthepast five (5)years. Name of Agency: Address: Telephone No.:_________________ Contaa Person: Type of Projea: Name of Agency: Address:^__ Telephone No.: Contaa Person: Type of Project: i Name of Agency: i Address:| Telephone No.: ~—~~—~*_——__————————_________. i Contaa Person:\ Type of Projea:S I Thomas F.Pepe 12/10/2015 CSe^MjS-f &t/ctc>C^c& ENGINEERING CONTRACTOR -UC:E-251302 11020 SW 66 ST..MIAMI,FL 33166 PHONE:766-201-2049 FAX:766-472-8831 maggolc@vahoo.com PROJECTS UNDER CONSTRUCTION (All as aPrimeContractor) Current Workload 1-FDOT-Distrlctwide (ADA)PushButton-Pedestrian Safety Improvement (Owner FDOT- District 6 $981,885.00)(Executed 36%)(Completion November 2016)(305-978-0090 - Marina Gershanovich) 2-SidewalkImprovements Multiple Sites#20140184 (Miami Dade County $518,371) (Executed 78%)(Completion November 30,2016)(305-297-0795-George Coppolechia) 3-Concrete Repair -E6K01-RO (Florida Department of Transportation Distric 6-$300,000) (Executed 61 %)(Completion Nov.30,2016)(305-640-7177-Ryan Fisher) 4-BuswayPedestrian Access Improvements #20140140 (Miami Dade County $362,779) (Executed 53 %)(Completion November 9,2016)(305-297-0795-George Coppolechia) 5-Busway Pedestrian Access Improvements #20150047 (Miami Dade County $628,170) (Executed 38 %)(Completion November 29,2016)(305-297-0795-George Coppolechia) Mario Gonzalez Maggolc mc./President ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 98ST.,MIAMI,FL33165 PHONE:786-201-2049 FAX:786-472-8831 maqoolc@vahoo.com CONTRACTS PERFORMED BY MAGGOLC INC. 1-DrainageImprovementforNW22CTfrom NW107 STto NW112 ST,($318,000)(Miami-Dade County Public WorksDept.,CompletedDec.2007).(Alberto Estevez 786-2562627).(esteva@miamidade.gov) 2-Varlous ParkParking Lot Re-strlpIng &Wheel Stop Replace.($24,500)(Miami-Dade Park and Recreation Dept.Completed March2008).(305-596 4460) 3-Seal Coat and Re-strlplng of Station 13/Logistics Parking Area.($19,000)(Miami-DadeFire Rescue Dept. Completed July2008).(786-3314529) 4-Norman and Jean Reach Park/Foul ball Netting.($25,000)(Miami-Dade Park and Recreation Dept., Completed June 2008).(305-5964460) 5-Olympic Park Concrete Sidewalk Construction.($184,000)(Miami-DadePark and Recreation Dept., Completed July2008).(DanCrawford 305-596 4460)(dc93@mlamidade.gov) 6-Dolphln Archaelogical Site Concrete Sidewalk Construction.,($114,084)(Miami-DadeParkandRecreation Dept.,CompletedJuly2008).(DanCrawford 305-596 4460)(dc93@mlamfdade.gov) 7-Countywlde Repair of Existing Asphalt Pavement.(Milling&Resurfacing)($949,990)(FloridaDepartment ofTransportation,Dist.Six,Executedthe year 2008andrenewedfortoyear2009and 2010,Completed June 2011).(Janice Corn 305-266 6359)(Janice.corn@dot.state.fl.us) 8-Countywlde Intersections Improvement,Roadway andDrainage.($443,637)(Miami-Dade CountyPublic WorksDept.,CompletedDec.2008).(Joaquin Rabassa 305-2999822)Qra@miamldade.gov) 9-West Perrlne Park Concrete Slabs,Sidewalks and Poured In Place.($34,000)(Miami-Dade Park and j Recreation Dept.,Completed January 2009).(305-596 4460)j 10-West LittleRiver Asphalt Driveways Phase IV-B.($68,000)(Miami-Dade CountyOfficeof Community and EconomicDevelopment,CompletedJanuary2009).(Mario Berrios 786-469 2112)(mberr@miamidade.gov) 11-Brentwood PoolParkNew Asphalt Walkways.($34,000)(City of Miami Gardens,Completed April 2009). (305-6228000)(Jallen@mfamigardens-fl.gov)\ 12-Country Club of Miami Parcel 1169 &1168-E New Asphalt Walkways.($178,000)(Miami-Dade Park and I Recreation Dept.,Completed July 2009).(Dan Crawford 305-596 4460)(dc93@miamldade.gov)j j 13-Country Club of Miami Grading,Sltework &Greens.($107,000)(Miami-Dade Park and Recreation Dept.,| Completed August 2009).(305-596 4460)j 14-SR 907(AltonRd)atAllisonDr.forDrainageand Retention Improvements.($134,000)(FDOT,Completed December2009)(Anthony Sabbag 305-2566380)(anthony.sabbag@dot.state.fl.us) 15-West LittleRiver Asphalt Driveways Phase IV-D.($35,000)(Miami-Dade CountyOfficeof Community and EconomicDevelopment,CompletedDecember2009).(Mario Berrios 786-469 2112)(mberr@miamidade.gov) 16-Dlstrlct 2-Sidewalk Repair Project II ($75,300)(PublicWorksDep.Cityof Miami,CompletedMarch2010) (Fablola Dubuisson 305-4161755 &305-801 7816)(fdubuisson@miamigov.com) 17-Blue Road Roundabouts Re-Bid ($145,000)(PublicWorksDep.CityofCoral Gables,Completed March 2010)(305-460 5018)(eplno@coralgables.com) 18-Harbor Drive Lighting and Resurfacing Improvement ($270,000)(PublicWorksDep.VillageofKey Blscayne April 2010)(786-255 6765)(anunez@keybiscayne.fl.gov) 19-Dlstrlct 1-Sidewalk Repair Project II ($95,990)(PublicWorksDep.Cityof Miami,Completed September 2010)(Fabiola Dubuisson 305-4161755 &305-801 7816)(fdubulsson@mlamigov.com) 20-Golden Shore Park Pavers Sidewalk ($23,895.00)(PublicWorksDep.Cityof Sunny IslesBeach,November 2010)(305-947 0606)(gbatista@sibfl.net) 21-AD Bames Park Asphalt Walkways ($86,615.00)(Miami-Dade ParkandRecreationDept.,Completed December 2010)(305-755 7985)(rttolon@miamldade.gov) 22-lnstallatlon of Sidewalks and Ramps alongNE12 Ave ($123,750.00)(PublicWorksDep.Cityof North Miami,CompletedDecember 2010)(GerardoHernandez 305-893 6511)(ghernandez@northmiamifl.gov) 23-lntersectlon Realignment SW 139 Terr&SW140 Dr.andEastGuava Street OneWayStreet Conversion ($36,775)(Public WorksDep.,Village ofPalmettoBay,CompletedDecember2010)(305-969 5011) (dcasals@palmettobay-fl.gov) 24-Dlstrlct #3CItywIdeADASidewalk Improvements,($107,414)(PublicWorks Dep.Cityof Miami,Completed February 2011)(Fabiola Dubuisson 305 4161755 &305-801 7816)(fdubuisson@miamigov.com) 25-District #1 CItywIde ADA Sidewalk Improvements,($155,523)(Public Works Dep.City of Miami,Completed May 2011)(Fablola Dubuisson 305 4161755 &305-801 7816)(fdubuisson@miamlgov.com) 20^MIA Building3050ParkingLot Drainage &AsphaltImprovement ($103,000)(Aviation Department Miami- Dade County,Completed May 2011)(Greg Tal 305-876 8444)(gtai@mlkegconst.com) 27-MIA-NW 67Ave &NW 36Street Intersection Improvements ($65,000),(concrete works)(Aviation Department Miami Dade County,Complete July 2011)(John Peterson 305-622 8000)(jpet@mikegconstcom) 28-District #4 CItywIde ADA Sidewalk Improvements,($149,397)(Public Works Dep.City of Miami,Completed October 2011)(Fabiola Dubuisson 305-4161755 &305-801 7816)(fdubuisson@mlamlgov.com) 29-Tamlaml Canal Mlccosukee Linear Park,Tamlaml Trail andSW122Ave.($87,703)(Miami Dade Park & Recreation Department,Completed October 2011)(Ruben Teurbe Tolon 786-586 8360)(rttolon@miamidade.gov) 30-SW19TerraceRoadwayand Drainage Improvements ($184,585)(City of Miami,Capital Improvements Department,Completed October 2011)(Maurice Hardie 786-229 5463)(mhardle@miamigov.com) 31-SR909 (Alton Road)atWest52Street Drainage Improvement ($138,000)(Florida Department of Transportation,CompletedDecember 2011)(Roland Rodriguez 305-3450696) (rrodriguez@pinnaclecei.com) 32-Suncrest Drive&MossRanchRoadStormwaterImprovements($110,000)(Village ofPinecrest,Public Works Dep.,Completed December2011)(Daniel Morettl 305-6696916)(moretti@plnecrest-fl.gov) 33-LongKeyStateParkRoadwayImprovements ($149,230)(Florida Department of Environmental Protection, Completed February 2012)(Fred Hand 850-488 6322)(Fred.Hand@dep.state.fl.us) 34-District #2 Citywlde ADA Sidewalk Improvements,($105,303)(Public Works Dep.City of Miami,Completed February2012)(Fabiola Dubuisson 305-4161755 &305-801 7816)(fdubuisson@miamlgov.com). 35-SW64Street Corridor Improvement,($60,000)(Public Works Dep.City of South Miami,Completed February2012)(Keith A.Ng 305-403 2072)(kng@southmiamifl.gov) 36-LongKey State Park Campground Entrance Modification($49,450)(FloridaDepartmentof Environmental Protection,CompletedJuly2012)(FredHand850-4886322)(Fred.Hand@dep.state.fl.us) 37-FDOT LAPRoadway Improvements Project ($117,371)(Public Works Dep.CityofSweetwater,Completed July 2012)(Eric Gomez 305-553 5457)(egomez.egsc@att.net) 38-SR 94/SW 88ST/Kendall Dr.atSW142 Ave ($134,843)(Florida Departmentof Transportation,Completed October 2012)(RolandRodriguez305-3450696)(rrodriguez@pinnadecel.com) 39-Phase IVDrainage Improvement Project ($143,830)(Village ofPalmettoBay,CompletedNovember2012) (Danny Casals 305-969 5091)(dcasals@palmettobay-fl.gov) 40-Klllian Park Road Stormwater Improvement ($218,142)(Villageof Pinecrest,Completed December 2012) (Daniel Moretti 305-669 6916)(moretti@pinecrest-fl.gov) 41-Progress Rd.Roadway and Drainage Improvements ($105,522)(Cityof South Miami,Completed January 2013)(Jorge Vera 305-403 2072)(Jvera@southmiamifI.gov) 42-ARRA Municipalities Group B:City of Miami Gardens Bus Shelters ($894,000)(Miami Dade Transit, Completed March 2013)(Javier Salmon 786-473 4710)(Jsalmon@mlamidade.gov) 43-1-195/JuliaTuttlefrom SR S BIscayne Blvd to SR 907/Alton Rd-Bike Path/Trail($121,520)(Florida Department of Transportation,Completed March 2013)(RolandRodriguez 305-345 0696) (rrodriguez@plnnaclecel.com) 44-NW8th ST &NW14CT Roadway andDrainage Improvements ($425,895)(Cityof Miami,Completed May 2013)(RobertFenton786-263-2133)(rfenton@mlamigov.com) 45-FriedlandManorDrainage Improvements ($406,567)(City of Florida City,CompletedJune2013)(Sean Compel786-502-0770)(sean.compel@stantec.com) 46-SR9(NW27Ave),From NW79STtoNW84STRoadway Improvements ($119,000)(Florida Department of Transportation,Completed July 2013)(Roland Rodriguez 305-345 0696)(rrodriguez@pinnaclecel.com) 47-SidewalkImprovementsalongSR A1A/CollinsAve @ SR 826/NW 63ST.($205,521)(Florida Department of Transportation,Completed October2013)(Roland Rodriguez 305-345 0696)(rrodrlguez@plnnaclecei.com) 48-Doral TrolleyRoute3 Infrastructure Improvements.($114,210)(City of Doral,Completed November 2013) (Rudy delaTorre 786-236-5912)(rudy.delatorre@cltyofdoral.com) 49-Doral TrolleyInfrastructure Improvements CItywIde.($217,349)(City of Doral,Completed December 2013) (Rudy delaTorre 786-236-5912)(rudy.delatorre@cityofdoral.com) 50-Wild LimeParkParking Expansion and Concrete Walkway.($201,442)(Miami DadePark&Recreation Department,Completed January2014)(Leroy Garcia 786-210-5937)(garcial@mlamidade.gov) 51-BIscayneIsland Drainage Improvements ($735,559).(City of Miami,Completed March 2014)(Valentine Onuigbo 786-447-9817)(vonuigbo@mlamlgov.com) 52-Beacom ProjectArea Improvements-Phase I ($767,132)(City of Miami,Completed March 2014)(Robert Fenton 786-263-2133)(rfenton@miamigov.com) 53-Sunset Drive Downtown Median.(84,663)(City of South Miami,Completed October 2014)(Ricardo Ayala 305-403-2072)(rayala@southmiamifl.gov) 54-NW11STfrom27 Ave to 37 Ave.Area Roadway Improvements.($188,874)(Cityof Miami,Completed October 2014)(ValentineOnulgbo 766-447-9817)(vonulgbo@miamlgov.com) 55-Districtwlde Minor Asphalt Repair.($250,000)(FDOT,District 6,Completed December 2014)(JohnGarzia 305-640-7177)(John.garzia@dot.state.fl.us) 56-MultipleParks-ADA Improvements ($336,741.68)(Miami DadePark&RecreationDepartment,Completed January 2015)(LeopoldoAybar786-201-2422)(aybar@miamidade.gov) 57-NW18PLRoad and Drainage Improvements ($473,087.20)(City of Miami,CompletedMarch2015)(Robert Fenton 786-263-2133)(rfenton@miamigov.com) 58-Lummus Park Landing ($222,612.91)(Cityof Miami,CompletedMay2015)(DavidAdato 305-416 1899/ 786-376 4391)(dadato@mlamlgov.com) 59-BeacomProjectAreaImprovements-Phase II ($818,978.96)(City of Miami,Completed July 2015)(Robert Fenton 786-263-2133)(rfenton@miamigov.com) 60-Drainage Improvements 13000 SW60Street ($112,080)(Village of Plnecrest,Completed October 2015) (Mark Spanioli 305-669-6916)(mspanioli@pinecrest-fl.gov) 61-Sub-Basin10(SW88Ave)Paving and Drainage Improvements ($922,633.25)(Village of Palmetto Bay, Completed November 2015)(Danny Casals 305-969-5091)(dcasals@palmettobay-fl.gov) 62-Drainage andRoadImprovementsProject Multiple Sites #20140165 ($383,287)(Public Works Miami- Dade County,Completed November 2015)(Pedro Marsan 305-281-8062)(marsan@miamidade.gov) 63-Twin Lakes Drainage and Roadway Construction Area 1&2 ($345,975)(City of South Miami,Completed April 2016)(Ricardo Ayala 305-403-2072)(rayala@southmlamifl.gov) 64-Drainage andRoad Improvements Project Multiple Sites #20140177 ($755,761)(Public Works Miami- Dade County,Completed May 2016)(Alfonso Duarte 305-409-8224)(aduarte@miamidade.gov) ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 55ST.,MIAMI,FL33165 PHONE:766-201-2048 FAX:766-472-6831 ma<igolc(3taihoo.coiq OFFICE ORGANIZATIONAL CHART OlgaLeon,BD Office Manager &Human Resource: MAGGOLC INC. Prime Contractor General Superintendent: Mario Gonzalez,BD Daniel Sanchez FieldConstructionManager -Drainage -Asphalt -Concrete -Earthwork Esmildo Leon Accounting Manager ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 55 ST.,MIAMI,FL 33165 PHONE:766-201-2040 FAX:786-472-8631 maaqolc@vahoo.com PROJECT ORGANIZATION CHART Gonzalez,BD General Sup#intfend^it (•:•OlgaLeon •'••'••''••:'.-J-• *\EsmildoLeon AceGunting Manager Angel Valdez Eaffl^ Fonnan X ••••.;••• >:Daniel Sanchez ".: Ei^£oa^^ _i*eL ^-J Daniel Martin Drainage &Utilities Engineering Contractor -Lie.E-251302 11020 SW 53 ST.,Miami,FL 33165 Phone:766-201-2949 Fax:786472-6831 magoolc@vahoo.com RESUME: MARIO GONZALEZ Superintendent/Project Manager of MaggolcInc. GonzalezisaRoadway Construction andCivilEngineerwithover24years of progressive experienceinthe fields ofhighway andrailway design,construction,maintenance,andoperations. EDUCATION: Instituto SuperiorPolitecnico(HigherPolytechnicInstitute)"Julio Antonio Mella",SantiagodeCuba,Cuba. Degree:EVGENIERO VIAL (Roadway Construction Engineer),July1988.ThisisequivalenttoaBachelor of ScienceinCivilEngineering(BSCE)fromaregionally accredited institution ofhighereducationintheUnited States. Universidad Centralde Venezuela,Caracas,Venezuela. Degree:INGENIERO CIVIL (CivU Engineer),July1997. CERTIFICATIONS: -TROXLER ElectronicsLab-NuclearGaugeSafetyTraining,(2001&2004) -FDOT-MUTCD/Maintenance ofTraffic,Advance Level (2016) -ASPHALT PAVING TECHNICIAN -Level 1(2004) -EARTHWORK CONSTRUCTION INSPECTION-Level 1(2005) -ACI,ConcreteFieldTestingTechnician-Grade 1.(2005) -FDOTConcreteFieldInspector Specifications.(2005) LICENSES: -GeneralEngineering Contractor -GeneralBuildingContractor -Registered andCertificateState ofFloridaUndergroundUtilities Contractor. -RegisteredGeneralContractorState of Florida WORK EXPERIENCE: MAGGOLC INC,Miami,Florida,USA.(June2005to Present). Gonzalezistheownerand president ofMaggolc Inc.,thisisan Engineering Contractor Company.Specialized in DrainageSystems,PavementandConcrete. Work Executed: -BeacomProject Area DrainageandRoad Improvements-PhaseII(City ofMiami)2015 -NW 18PLDraiangeandRoad Improvements (City ofMiami)2015 -Multiple Parks-ADA Improvements (Miami Dade Park&RecDep.)2015 -Dlstrlctwide Minor Asphalt Repair (FDOT)2014 -NW 11 ST from NW 27 Ave to37 Ave Area Roadway Improv.(City ofMiami)2014 -Sunset Drive Downtown Median (City of SouthMiami)2014 -Dorm Ave Drainage Improvements (City of SouthMiami)2014 -Beacom Project Area Improvements-PhaseI(City ofMiami)2013 -Wild Lime ParkParkingExpansionandConcrete Walkway (Miami DadePark8c RecDep.)2013 -BIscayne Island Drainage Improvements (City ofMiami)2013 -Sidewalk Improvements along SR A1A/CollinsAve @ SR 826(FDOT)2013 -SR 9 (NW 27 Ave)@ NW 79ST Roadway Improvements (FDOT)2013 -Friedland Manor Drainage Improvements (City ofFloridaCity)2013 -NW 8 ST &NW 14 CT Roadway &Drainage Improvements (City ofMiami)2013 -1-195/Julia Tuttie Bike Path/Trail (FDOT)2013 -ARRA MunicipalitiesGroupB:City of MiamiGardensBusShelters(MiamiDade Transit)2013 -Progress Rd Roadway &Drainage Improvements (City of SouthMiami)2012 -Killian Park Rd Stormwater Improvements (Village ofPinecrest)2012 -Phase IV Drainage Improvements.(Village ofPalmettoBay)2012 -SR 94/Kendall Drat SW 142 Ave Roadway Improv.(FDOT)2012 -FDOT LAP Roadway Improvements.(City of Sweetwater)2012 -SW 64 Street Corridor Improv.(City ofSouthMiami)2012 -District#2 Citywide ADA Sidewalk Improvements.(CityofMiami)2012 -Long Key State Park -Resurface Campground Road (Florida Dep.of EnvironmentalProtection)2012. -Suncrest Dr.&Moss Ranch Rd.Stormwater Improvements (Village ofPinecrest)2011. -SR 909 (Alton Road)at West 52 Street Drainage Improvements (FDOTDistrict6)2011 -SW 19TerraceRoadway&Drainage Improvements (CIP,City ofMiami)2011. -Tamlami Canal Miccosukee Linear Park (Miami-Dade County,Park&RecreationDep.)2011. -District #4 CItywIde ADA Sidewalk Improvements (City ofMiami)2011 -MIA NW 36 Street &61 Ave Intersection Improvement (concrete )(AviationDepartmentM-DCounty) 2011 -MIA Building 3050 Parking Lot Improvements (AviationDepartmentM-DCounty)2011 -District #1CItywIde ADA Sidewalk Improvements (City ofMiami)2011 -District#3CItywIde ADA Sidewalk Improvements (CityofMiami)2011 -IntersectionRealignment SW 139Terr.&SW 140Dr.andEsatGuavaSTOne Way StreetConversion. (Village ofPalmetto Bay)2010 -Installation of Sidewalksand Ramps along NE12 Ave.(CityofNorthMiami)2010. -AD Barnes Park Asphalt Walkways..(M-DCountyPark&Recreation)2010. -GoldenShore Park PaversSidewalks.(CityofSunnyIsles).2010 -District I,SidewalksRepair.(CityofMiami).2010 -Crandon Park ADA ParkingSpaceStripingandSigns.(M-DCountyPark 8c Recreation)2010. -District II,Sidewalks Repair.(Cityof Miami).2010 -Harbor Drive Lighting and Resurfacing Improv.(Village ofKeyBiscayne)2010 -Bine Road Roundabouts andDrainage.(CityofCoral Gables)2010 -Drainage RetentionImprovementsofState Rd.907(AltonRd.)atAllisonDrive.MillingandAsphalt Resurfacing.(FDOT,District6)2009 -Country Club of MiamiParkConcreteand Asphalt Walkway (Miami-Dade County,Park 8c Recreation Dep.)2009. -Brendwood Park Asphalt Walkway.(CityofMiamiGardens)2009. -West Little River Improve Asphalt Driveways.(Miami-Dade CountyOfficeofCommunityand Economic Development)2008. -West PerrlneParkConcreteSlabsandPouredSafetySurface.(M-D CParkand Recreation)2008 -AsphaltPavementRepair.Florida Department of Transportation (District 6).2008-2009,2009-2010 and 2010-2011. -Improve Intersections Countywide Project,include Milling andAsphalt Resurfacing.(Sidewalk,Handicap Ramps,Curb &Gutters,Pavers,NewPavement,Drainage,Sodding (M-D County Public WorkDep.)2008 -Seal CoatandRestripingofStation13and Logistics Parking Area.(MD County Fire Rescue Department)i 2008 j -Dolphin Archaeological SiteSidewalk Construction.(M-D County Parkand Recreation)2008.\ -Olympic Park Sidewalks Construction.(M-D County Park and Recreation)2007 } -Norman &JeanReachParkFoulBallNetting.(M-D County Parkand Recreation)2007. -DrainageImprovementProjectforNW22CourtfromNW107STto NW 112ST.(M-DCountyPublic Work Dep.).2006,etc OthersPlaceswhereGonzalez was ^rnrlcinp; SRSENGINEERING,INC.,Miami,Florida,USA.(August 2006toJuly 2007). Construction FieldInspector of Drainage and Roadway Restoration.(Public WorkDepartment,Miami-Dade CountyProjects). -Allaphatta PhaseI. -Hardwood Village Phase EL BERMELLO,AJAMIL &PARTNERS,INC.,Miami,Florida,USA (May2005toJuly2006). QualityControl (QC)Construction Inspector(DOT Projects):(Earthwork,Concrete and Asphalt). -Okeechobee Road.(W12 AvetoPalmetto Expwy) -MiamiGardenDrive.(NW2AvetoNW17Ave.) -Biscayne Blvd.(NW96STtoNW104ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike(GriffinRdtoSunrise Blvd). -A-l-A (KeyWest). MARLEV ENGINEERING INC.,Miami,Florida,USA.(October2000 -May 2005). February 2004to May 2005. ConstructionFieldInspectorofDrainageandRoadway(FEMA-DERM,Miami-DadeCountyProjects). Activities Included: Verifyofstormdrainage structures in accordance withthe approved shop drawings,installation of drainage and pollutioncontrolstructures,drainagepipeinverts,joints,seals,FrenchDrain Systems,solidpipeplacementand bedding material.ChecktheContractor's compliance withall Maintenance of Traffic. Reconstruction of Pavement,RoadwayMillingandResurfacing;reconstruction of CurbandGutterand Sidewalks;SiteRestoration,includingGrading ofSwales,SodPlacement,etc. Requirements: -Ensurethequality of theconstructionwork,asperthePublicWorksDepartment Manual,FDOT Standards,and Project ContractDocuments. -Ensurethefullrestoration of theproject,includingsitecleanliness,swalegrading,andsodplacement. -Keep recoids of dailyactivities,daily production,sitetesting,andprogress ofthework. -Resolvecomplaintsbyresidentsresultingfromconstructionactivities. March 2001to February 2004:frojygt Engineer ProjectEngineerforthe design,roadwayrestoration,andstormdrainagesystemsimprovement,including independentsitesandcommunity.(DERM/FEMAProgramadministeredbytheDivision of Recoveryand Mitigation-DORM)inMiami-DadeCountyandCity of MiamiStormDrainageImprovementProgram). Working closely withMicrostationandAutoCADsoftware. October2000toMarch2001andOctober2002toFebruary2003:RoadwayInspector. Surveying,inspectinganddrawingsketchesforroadwayrestorationprojectsinQ.N.I.P,PublicWork Department of Miami-DadeCounty.Inspectingandsupervisingconstruction of asphaltpatching,millingand resurfacing operations. Daniel Sanchez (786)594-1639 8053 NW 191 St.,Hialeah,FL 33015 Seasoned construction and contracting professional,ableto bring experience and efficient solutions to: •Construction project management •Safety direction,training,and orientation •Creation,design,and execution ofMaintenance of Traffic (MOT)plans •Fostering and continuous development of relationships with key stakeholders at the municipal government,FDOT,and private sectors of the construction Industry in South Florida Experience: Williams Paving Co.,Inc.2007-2015 Traffic andSafetyDirector/Estimator (TK-county area Dade/Broward/West PalmBeach)2011-2015 •Handledallsafetytrainingsand orientation,includingallOSHAlogs-thisledtoadecreaseinaccidentsandincidentsatthe company ofover55%.Managedinsuranceclaims (auto/worker's compensation/general liability) •Administeredbothsafetyinspectionsandriskassessmentanalysis,including meetings andcommunicationwith superintendents,foremen,andotherkey construction personnel •DevelopedanddesignedMOTplanstofacilitateasafeandefficientworkenvironmentfortheemployees,commuters,and •In-fieldlayout,supervision,andexecutionofMOTplansatdesignatedconstructionsites Estimator (Tri-county area)2008-2011 •Pro-activereadinganddecipheringplanstodevelopaccuratequantities •Usingaccuratequantities,alongwithin-fieldexperiencetounderstandingconstructionmethodsandgroundconditionsto developacompetitivebid ProjectManager -(Tri-county area)2007-2008 •Effectively managedover $15miilion dollars in construction projects,including workinCityof Aventura (NE213thStreet), Town ofDavie(BoxCulvertCrossing),andmultipleprojectsintheCityofHialeahincludingHialeahAnnex(NW97th Avenue)areawhichentailedwater/sewer,drainage,andnewroadwayconstruction Education and Certifications: •3-D Driving SafetyCourseCertification,2014 •Excavating andTrenchingSafetyCertification,2012 •AmericanTrafficSafetyServices Association Certification {Florida Advanced Work Zone),2011 •OSHA30-HourConstructionSafetyandHealth,2011 •3rd ClassPettyOfficer,UnitedStatesCoast Guard,Honorably Discharged,2006 •BoardingOfficerTraining,United StatesCoastGuard,2002 ENGINEERING CONTRACTOR -LIC:E-251302 11020 SW 55 ST.,MIAMI,FL 33165 PHONE:786-291-2940 FAX:786-472-8831 maqqolc@vahoo.com MAGGOLC GOVERMENT REFERENCE LISTING 1)Company Name:MiamiDade County Public Works Department Address:111 NW 1st ST 14 Floor,Miami,FL 33128 Contact Person:Joaquin Rabassa Telephone #305-299 9822,305-989 4943 jra@miamidade.gov 2)Company Name:Miami Dade Park&Recreation Department. Address:275 NW 2nd Street,4th Floor,Miami,FL 33128 Contact Person:Ruben Teurbe Tolon/LeroyGarcia Telephone #305 755 5465 rttolon@miamidade.gov 3)Company Name:Office of Community &Economic Development M-D County Address:701NW 18t CT14 Floor Miami,FL 33136 Contact Person:Mario Berrios Telephone #786 469 2112 mberr@mlamidade.gov 4)Company Name:Florida Department ofTransportation/PinnacleConsulting Address:1773 NE 205 Street NorthMiami Beach,FL 33179 Contact Person:Roland Rodriguez Telephone #305 640 7185 rrodriguez@pinnaclecei.com 5)Company Name:City of Miami Gardens Address:1050 NW 163 DrMiami Gardens,FL 33169 Contact Person:Osdel Larrea Telephone #305-622 8000 Ext.3107 olarrea@miamigardens-fl.gov 6)Company Name:City of Miami Address:444SW 2nd Ave,8 Floor,Miami FL 33130 Contact Person:Fabiola Dubuisson Telephone #305 416 1755 fdubuisson@miamigov.com 7)Company Name:City of North Miami Address:776 NE 125 Street,North Miami,FL 33161 Contact Person:Gerardo Hernandez Telephone #305 895 9831 ghernandez@northmiamifl.gov 8)Company Name:Village of Key Biscayne Address:88 West Mclntyre Street,Suite 220Key Biscayne,FL 33149 Contact Person:Armando Nunez Telephone #305 365 7574 anunez@keybiscayne.fl.gov 9)Company Name:City of Coral Gables Address:2800 SW 72 Ave Miami,FL 33155 Contact Person:Ernesto Pino Telephone #305 926 2784 epino@coralgables.com 10)Company Name:City of Miami-Capital Improvement Program Address:444 SW 2nd Ave,8th Floor,Miami,FL 33130 Contact Person:Maurice Hardie Telephone #786-229 5463 mhardie@miamigov.com 11)Company Name:Stantec Address:901 Ponce de Leon Blvd Suite 900 Coral Gables,FL 33134 Contact Person:Sean Compel Telephone #305-445 2900 Ext.2230,786-502 0770 sean.compel@stantec.com 12)Company Name:Village of Pinecrest Address:10800 Red Road,Pinecrest,FL 33156 Contact Person:Mark Spanioli Telephone #305-669 6916 mspanioli@pinecrest-fl.gov 13)Company Name:CityofFloridaCity Address:404 West Palm Dr.FloridaCity,FL 33034 Contact Person:Richard Stauts Telephone #305 247 6221 /305 772 1157 richard.stauts@floridacityfl.gov 14)Company Name:Cityof South Miami Address:6130 Sunset Drive South Miami 33143 Contact Person:RicardoAyala Telephone #305-403 2063 rayala@southmiamrfl.gov 15)Company Name:CityofMiami-Capital Improvement Program Address:444 SW 2nd Ave,8th Floor,Miami,FL 33130 Contact Person:Robert Fenton Telephone #786-263-2133 rfenton@mlamlgov.com 16)Company Name:Miami Dade County Transportation &PublicWorks Department. Address:111 NW 1st ST14 Floor,Miami,FL33128 Contact Person:Mercedes Barreras Telephone #786-222-9912 barrem@miamidade.gov LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS SW 74th TerraceRoadwayand Drainage Improvement Project RFP#PW20!6-I5 Respondent shall list all proposedsubcontractors.Ifsubcontractors are allowed bythetermsof this Solicitation to be used on this project If they are awarded the Contract Classification of Work Subcontractor Name Landscape SoddingandTurf Work Electrical Irrigation Raving Telephone,Fax & Email //J *J*It tfu*^ #**ni/$ti [A*/sfi*&f **?/*U-»J I <Q.Arret****#**.3OS'~j'<f9-0S33 JUt. <^p^fi/*zk 30f-&9/-S<TOO Excavation Building Structures Plumbing Painting TestingLaboratory Soil Fumlgator Signs Other. Thislist shall beprovidedtotheCityofSouth Miami by trie apparentlowestresponsiveand responsible Bidder within five (5)business days after Bid Opening. END OF SECTION Thomas F.Pepe 12/10/2015 j^JT NON COLLUSION AFFIDAVIT STATEOF FLORIDA ) ) COUNTY OF MIAMI-DADE ) arte (yio ^t^J*-*^M .beingfirstdulysworn,deposesandstates that (I)Jde/She/They is/are the &CA>+\<S (Owner,Partner,Officer,RepresentativeorAgent)of hed PropoSair C-o 3E\*~c-* attached Prop the Respondent thathas submitted the (2)JjeiShe/They is/are fully informed concerning the preparation andcontentsofthe attached Proposal and of all pertinentcircumstances concerning such Proposal; (3)Such Proposal is genuine and Is nota collusive or sham Proposal; (4)Neitherthe said Respondent noranyofIts officers,partners,owners,agents,representatives, employeesor forties In Interest;including this affiant,haveinanyway colluded,conspired,connived or agreed,directly or indirectly,withanyother Respondent,firm,or person tosubmita collusive or sham Proposal in connectionwiththe Work for which the attached Proposal hasbeen submitted;or to refrain from Bidding or proposing In connection with such Work;or have inany manner,directly or Indirectly,soughtby agreement or collusion,or communication,or conference withany Respondent;firm,or person to fix any overhead,profit,orcost elements ofthe Proposal orofany other Respondent,ortofixany overhead,profit,orcostelementsofthe Proposal Price orthe Proposal Price ofanyother Respondent,orto secure through any collusion,conspiracy,connivance, or unlawful agreementany advantage against (Recipient),oranyperson Interested in theproposed Work; (5)The price or prices quoted In the attached Proposal are fair and proper and arenot tainted byany collusion,conspiracy,connivance,or unlawful agreement onthe part ofthe Respondent or any other ofitsagents,representatives,owners,employees or parties of Interest,includlngpis affiant Signed,sealed anddeliveredinthepresenceof: By: Signatureiture *Y f*jf A t Name and Title t (Wit Date i i \ I ACKNOWLEDGEMENT STATEOF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the S day of r\)C\y£rC 20 lU t before me,the undersigned Notary Public ofthe State of Florida,personally appeared (Name(s)of individuals)who appeared before notary) Thomas F»Pepe 12/10/2015 HawO Gr»s\l~X<.1~and whose ^^^,s/are subscribed to the within Instrument,and he/she/they acknowledge that he/she/they executed It./ WITNESSmyhandand official seal. NOTARY PUBLIC: SEAL OF OFFICE Thomas F.Pepe 12/10/2015 Notary Public (Nameof Notarj lQrlfiDAN>et SANCHEZLor(c@omml88ion #GG 8929 My Commliiion Expires 07-06-2020 Bonded lluouoh Am»rloon Aiioofotfcm nf Nntmlet Personally known to me,or Personal identification: Typeof Identification Produced Did take anoath,or Did Not takeanoath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed onthe convicted vendorlist following a conviction fora public entitycrime may not submit a Proposal or bid onaContraato provide any goods or services toa public entity,may not submit a Bid or proposal foraContraawitha public entityforthe construction of repair ofa public building or public work,may not submit bids or proposals on leases or real property toa public entity,may notbe awarded to perform Work asa RESPONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant under aContraa with any public entity,andmaynot transact business withany public entity in excess ofthe threshold amount Category Twoof Section 287.017,Florida Statutes,forthirty six (36)months from the date of being placed onthe convicted vendor list". The award ofany contraa hereunderis subjea tothe provisions of Chapter 112,Florida State Statutes.Respondents must disclose with their Proposals,thenameofany officer,director,partner,associate or agent who Is also anofficeroremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. ).This sworn statement Is submitted to >rint narne/rf the public entity] by. [print individual's nameand title] for AyaA^LO C ^r^. Iprint name/tf the publicentity] /C/*m?&<£a<o %*JP±*v//P*>-t s^JL^fr Xr\Artt Inrltvlflf ial'«namA anrl tit)at * [prlntVame of entity submitting sworn statement] whose business address is /fO &-Q J$-cQ v5~3T gCT*-*^* and (If applicable)its Federal Employer Identification Number (FEIN)\sZO~334SttSm (if the entity has no FEIN,Include the Social Security Number ofthe individual signing thissworn statement: —-) 2.I understand thata "public entity crime"as defined In Paragraph 287.133 (l)(g),Florida Statutes. meansa violation ofanystateor federal law bya person with respea toand dlrealy related tothe transaction of business with any public entityorwith an agency or political subdivision of any other state orofthe United States,including butnot limited to,any bid,proposal orcontraafor goods or services tobe provided toany public entityoran agency or political subdivision ofanyotherstateorofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined In Paragraph 287.133 (I)(b),Hfldda S&fcyj&s,means a finding of guilt ora conviction ofa public entity crime,with orwithoutan adjudication of guilt,In any federal orstate trial courtof record relating to charges brought by indictment or information after July 1,1989,asaresultofa Jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understand thatan"affiliate"as defined in Paragraph 287.133 (I)(a),Florida Statutes,means: (a)Apredecessororsuccessorofa person convicted ofa public entity crime;or (b)Anentity under the control of any natural person whois active inthe management oftheentity and who has been convicted ofa public entity crime.The term "affiliate"includes those officers, Thomas F.Pepe 12/10/2015 direaors,executives,partners,shareholders,employees,members,andagentswhoareactivein themanagementofan affiliate.Theownershipbyonepersonofsharesconstitutinga controlling interest In anyperson,orapooling of equipmentorincomeamongpersonswhen not for fair marketvalueunderan arm's lengthagreement,shall bea prima facie casethatoneperson controlsanotherperson.ApersonwhoknowinglyentersintoaJointventurewithaperson whohasbeen convicted ofa public entitycrime In Florida during the preceding 36months shall be considered anaffiliate. I understandthata"person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany natural personorentity organized underthe laws ofanystateoroftheUnitedStateswiththe legal powertoenter Into a binding contraaand which bidsor proposal or applies tobidor proposal on contraasforthe provision ofgoodsor services letbya public entity,or which otherwisetransaasor applies to transaa businesswitha public entity.The term"person"Includes thoseofficers,direaors, executives,partners,shareholders,employees,members,andagentswhoareaaive In management of an entity. Based on Information andbelief,the statement which I have marked below is true in relation to the entitysubmittingthisswornstatement.[Indicate whichstatement applies.] partners,shareholders,employees,members,or agents whoare active In the management oftheentity, norany affiliate oftheentityhasbeen charged withandconvictedofa public entitycrimesubsequentto July 1,1989. Neithertheentity submitting thisswornstatement,noranyofits officers,direaors,executives, Theentitysubmittingthisswornstatement,oroneormoreofits officers,direaors,executives, partners,shareholders,employees,members,or agents whoareaaiveinthe management oftheentity, oran affiliate oftheentityhasbeen charged withandconvictedofa public entitycrimesubsequentto July I,1989. Theentitysubmittingthisswornstatement,oroneormoreof its officers,direaors,executives, partners,shareholders,employees,members,or agents whoare aaive inthe management ofthe entity, oran affiliate oftheentityhasbeen charged withandconvictedofa public entity crimesubsequentof July I,1989.However,there has beena subsequent proceeding beforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearings and the Final Orderenteredbythe Hearing Officer determinedthat It wasnotinthe public interestto place theentity submitting thisswornstatementon theconvictedvendorlist [attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTINQOFFICER FOR THE PUBUC ENTITY INDENTURED IN PARAGRAPH I (ONE)ABOVE IS FORTHAT PUBUC Eh THROUGH DECEMBER 31 OF THECALENDARYEAR IN WHICH H REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERJI THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known. OR Produced Identification vlA (Typeof Identification) Form PUR 7068 (Rev.06/11/92) Thomas F.Pepe 12/10/2015 day of Oe%i ;iTY CMLU AND THAT THISFORMISVALID FILED.1/ALSO UNDERSTAND THAT I AM INTO //CONTRACTIN EXCESS OF THE [TATylTEy EOR CATEGORY TWO OF ANY T1 -,m!l_. Notary Public -State of JHovid** My commission expires CT\~OG>m ZX>ZO (Printed,typedorstampedcommissioned nameofnotary public) DANIEL SANCHEZ CommlBolon #60 8929 My Commlit'on Bxpfrts 07-06-2020! Bonded Thfouoh Aw»fieoo Association of Notari™ DRUG FREE WORKPLACE Whenevertwoormore Bids or Proposals whichare equal withrespectto price,quaihy and serviceare received bytheStateorbyany political subdivisions fortheprocurementofcommoditiesor contractual services,a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference inthe award process.Established procedures for processing tie Bids or Proposals shall be followed Ifnone ofthetied vendors have a drug-free workplace program.In orderto have a drug-free workplace program,abusiness shall: 1)Publish astatementnotifying employees thatthe unlawful manufacture,distribution,dispensing, possession,oruseofacontrolled substance is prohibited In the workplace and specifying the attions that shall betaken against employees for violations of such prohibition. 2)Inform employeesaboutthe dangers ofdrugabuse inthe workplace,the business'policy of maintaining adrug-freeworkplace,any available drug counseling,rehabilitation,andemployee assistance programs,andthe penalties thatmaybe imposed uponemployeesfordrugabuse violations. 3)Give eachemployee engaged in providing the commodities or contraauai services thatareunder Bid acopyofthestatement specified in Subsection (I). 4)In thestatement specified in Subsection (I),notify the employees,that,asa condition of working ofthe commodities orcontraauai services thatare under Bid,he employee shall abidebythe termsofthestatementand shall notifytheemployeeof any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893orofany controlled substance law of the United Statesoranystate,fora violation occurring inthe workplace nolaterthan five (5)business days after such conviction. 5)Impose a sanction on,orrequirethe satlsfoaory participation inadrugabuse assistance or rehabilitation program,ifsuchis available inthe employee's community,byanyemployeewho Is so convicted. 6)Make a good^alth effort to continue to maintain a drug-free workplace through implementation of this sec Asthe person authorized talfign theifcatement,I certify that this firm complies fully with the above requirements. RESPONDENTS Signatu/e:J Print Name:fJa IT^O ^OtC^O Z*Kf*l^ Date:^/^^ Thomas F,Pepe 12/10/2015 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,/tf*J%S'a^C>^Ug*.(Name of CONTRACTOR),hereby acknowledge and agree that as CONTRACTOR forthe SW 74th TerraceRoadwayandDrainage Improvement Project RFP #PW20I6-I5 projea as specified havethe sole responsibility for compliance withallthe requirements ofthe Federal Occupational Safety and Health Aa of 1970,and all Stateand local safetyandhealth regulations,andagree to indemnify andhold harmless the City of South Miami and Klmley-Horne &Associates (Consultant,if any)against anyand all liability,claims,damages,losses and expenses they may Incur duetothe failure of (Sub contractor^names):A^rr A sAraaorsnames):h ,,- /Jjict^t~^X+.tSyv-t**&-**^-fe ^C\k^-_. tocomply with suchact or regulatii CONTRACTOR eName Title Witn< Thomas F.Pepe J 12/10/2015 [ AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person,or entity,who is responding tothe City's solicitation,hereinafter referred toas "Respondent",must certify thatthe Respondent's name Does Not appear onthe State of Florida,Department of Management Services, "CONVICTED,SUSPENDED,DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". ifthe Respondent's name Does appear ononeor all the "Listings"summarized below,Respondents must "Check ifApplies"nexttothe applicable "Listing."The"Listings"can be accessed through the following link tothe Florida Departmentof Management Services website: http://www.dms.myflorlda.com/buslness operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendorjists that the follow (i)I representthe Respondent whosenamei (2)I havethe following relationship withthe I soleproprietor),PrasldfiDXflf Respondent isa corporation)Partner(ifRespondent is a partnership),General Partner (If Respondent is a Limited Partnership)or Managing Member>(if Respondent is a Limited Liability Company). (3)I have reviewed the Florida Department of Management Services website atthe following URL address: http://www.dms<myflorida.corWbus scrimlnatory_complalnts_vendorJlsts (4)I have enteredan"x"or a checkmark beside each listing/category setforth below Ifthe Respondent's nameappearsinthelistfoundonthe Florida Departmentof Management Services websiteforthat category or listing.IfI did notenteramarkbesidea listing/category,it means thatIam attesting tothe feet thatthe Respondent's name doesnot appear onthe listing forthat category inthe Florida Department of Management Services website as of the date of this affidavit. Check if Applicable ConvictedVendorList __SuspendedVendor List DiscriminatoryVendorList Federal Excluded PartiesList Vendor Complaint List §y a FURTHER DECLARANT SAYETH NOT.A/**>*&,-&€>*J Z^*****^ TION UNDER PENALTY OFPERJURY ar referredtoasthe "Declarant")state,under penalty ofperjury, is tf*rffii^^*\/jJOLri0 (S^^tmJ^^ Respondent ^•eAX/flgju-JT^(Owner (if Respondent is a ACKNOWLEDGEME STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the _3>day of Alh^uS^ appeared frAourto feavauiXfc*.- ~>20 lu .before me,the undersigned authority,personally .who Is personally knowtomeorwhoprovidedthe NOTARY PUBLIC: SEAL Thomas F.Pep© 12/10/2015 following identification andwhotookanoathor affirmed thatthat he/she/they executedthe foregoing Affidavit asthe Declarant.^**—)„^^rWITNESSmyhandandofficialseal.*^J^^*~~->r ^g*^ Notary Public,State of FloVfflS. (NameofNotary Public:Print Stamportypeascommission DANIEL SANCHEZ Commission #GG 8929 My Commliiton e*p!re*07-06.2020 Bonded Through AmtrroonAW<^»^»o"o<Notfliletl I ("Firm")have Name ofRepresentative Company/Vendor/Entity read the City of Southvffahii ("City")'s Code of Ethics, Section 8A-1 ofthe City's Codeof Ordinances and I hereby certify,under penalty ofperjurythattothebestofmy knowledge,Informationandbelief: (1)neither I northe Firm haveany conflict ofinterest(as defined insection 8A-1)withregardtothecontract or businessthat I,and/or the Firm,am(are)abouttoperformfor,or to transact with,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial Interest greater than5%inthe Firm,hasany relative(s),as defined insection 8A-I,who Is an employee oftheCityorwhois(are) an appointed or elected official ofthe City,or who is(are)a member ofany public body created by the City Commission,i.e.,aboardorcommitteeofthe City,[while theethicscodestillapplies,iftheperson executing this formisdoingsoonbehalfofafirmwhosestockis publicly traded,the statement In thissection(2)shall bebased solely onthe signatory's personal knowledge andhe/sheisnot required tomakean independent investigation asto the relationship ofemployeesor thosewhohavea financial Interest In the Firm.];and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan5%inthe Firm,noranymemberof those persons'immediate family (I.e.,spouse,parents,children,brothersandsisters)hastransactedorentered into any contracts)withtheCity or hasa financial Interest,director indirect,inany business beingtransacted with the citv,or with anyperson or agencyactingforthecity,other thanasfollows: /O/VP _ _(if necessary,useaseparatesheetto supply additional Information that will notfitonthis fine;however,you mustmakereference,ontheabove line,tothe additional sheetandtheadditionalsheetmustbe signed under oath),[while theethicscode still applies,iftheperson executing thisformisdoingsoon behalf ofa firm whose stockis publicly traded,the statement inthissection(3)shall bebasedsolelyonthe signatory's personal knowledge and he/she Is notrequiredto make an Independent investigation astothe relationship ofthosewho havea financial interest inthe Firm.];and (4)noelectedand/orappointed official oremployeeofthe City ofSouth Miami,or anyoftheir Immediate family members (I.e.,spouse,parents,children,brothersandsisters)hasa financial interest,directlyor indirectly,inthe contract between you and/or your Firm yidthe City other than the following Individuals whose Interest Is set forth following their names:m *"" RELATED PARTY TRANSACTION VERIFICATION FORM Co xuAffnhhoAiZ^K^l^.individually and on behalf of M^*L4U> •Firm")haveName of Representative Company/Vendor/Entiv/readtheCityof Southvffahii (" Firm and th (if necessary,useaseparatesheetto supply additional Information that will not fit on this line;however,youmust makereference,ontheaboveline,tothe additional sheetandthe additional sheet mustbesignedunderoath). The names ofallCity employees andthatofallelectedand/or appointed city officials orboard members,who own,directly or indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthefirm areas follows:,.r (if necessary,useaseparatesheetto supply additional Information that will notfitonthis line;however,youmust makereference,ontheabove line,to the additional sheetandthe additional sheetmustbe signed under oath), [whiletheethicscode still applies,Ifthepersonexecutingthisform Is doingsoonbehalfofafirmwhosestockIs publicly traded,thestatementinthissection(4)shall bebasedsolely onthesignatorys personal knowledge and he/she isnotrequiredtomakean independent Investigation astothe financial interestinthe Firm ofcity employees,appointed officials orthe Immediate family members ofelectedand/or appointed official or employee.] (5)I andthe Firm furtheragreenottouseorattempttouseany knowledge,propertyorresource which may cometo us through our positionoftrust,or throughourperformanceof our dutiesunderthetermsofthe contractwiththeCity,tosecurea special privilege,benefit,or exemption for ourselves,orothers.Weagreethat we may not disclose oruse information,not available to members ofthegeneral public,forour personal gain or benefitorforthepersonal gain or benefitofanyotherpersonor business entity,outsideofthenormal gain or benefitanticipated through the performance ofthe contract (6)I andthe Firm herebyacknowledge thatwe have not contracted ortransactedany business withthe City or anypersonor agency actingforthe City,andthatwehavenot appeared In representationofanythirdparty Thomas F.Pepe 12/10/2015 beforeany board,commission or agency oftheCitywithinthepasttwo years otherthanas follows:/J /A (If necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust make reference,onthe above tine,tothe additional sheetandthe additional sheetmustbe signed under oath). X:\PurchasingWendor Registration\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I noranyemployees,officers,or directors ofthe Firm,nor any oftheir Immediate family (i.e.,asa spouse,son,daughter,parent,brotheror sister)is related by blood or marriage to:(I)anymemberoftheCity Commission;(II)any city employee;or (lil)anymemberof any board or agency oftheCityother than as follows: /O//^L-(If necessary,use aseparate sheet to supply additional information thatwillnotfiton this line;however,youmustmake reference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executingthisform Is doingsoonbehalfofa firm whosestockIs publicly traded,thestatementinthissection(7) shall be based solely onthe signatory's personal knowledge and he/she Is not required to make an Independent investigation astothe relationship bybloodor marriage of employees,officers,or directors ofthe Firm,orofany oftheir immediate family to any appointed or elected officials ofthe City,ortotheirimmediate family members]. (8)NoOther Firm,norany officers or directors ofthatOther Firm or anyone who has a financial Interest greater than5%In thatOther Firm,noranymemberofthose persons'immediate family (i.e.,spouse,parents,children, brothersand sisters)noranyofmy immediate family members (hereinafter referred toas "Related Parties")has responded toa solicitation bythe City in which I orthe Firm that I representor anyone whohasa financial Interest greater than 5%inthe Firm,oranymemberofthose persons'immediate family (i.e.spouse,parents, children,brothers and sisters)havealso responded,otherthanthe following: r/A _I Of necessary,use aseparatesheet to supply additional information that will notfiton this line;however,youmust makereference,ontheabove line,tothe additional sheetandthe additional sheetmustbesignedunder oath), [while theethicscodestill applies.Ifthepersonexecutingthisform Is doingsoonbehalfofa firm whosestockis publicly traded,thestatementin this section(8)shall be based solely onthe signatory's personal knowledge and he/she isnotrequiredtomakeanindependent investigation intotheOther Firm,ortheRrm he/she represents,as totheir officers,directorsoranyone having a financial interest In those Firms oranyoftheiranymemberofthose persons'immediate family J (9)I andthe Firm agreethatweare obligated tosupplementthis Verification Form and informtheCityofany change in circumstances thatwould change ouranswerstothisdocument Specifically,aftertheopeningofany responses toa solicitation,I and the Firm have an obligation to supplementthls Verification Form withthe name of all Related Parties whohavealsorespondedtothesame solicitation and to disclose the relationship ofthose partiestomeandthe Firm. (10)A violation ofthe City's Ethics Code,the giving ofany false information or the failure to supplement this Verification Form,may subject meorthe Firm to immediate termination ofany agreement withthe City,and the imposition ofthe maximum fine and/orany penalties allowed by law.Additionally,violations maybe considered by and subject to actlon^y the Miami-Dade County Commission on Ethics.Under penalty of perjury,Ideclare that I have made ao^ffgen/effort to investigate the matters to which Iam attesting hereinabove and that the statements made herelijalpve/re/true and correct to the best ofmy knowledge,information and belief. Signature; Print Name & Date: Thomas P.Pepe 12/10/2015 e/s/te. Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation* This section shall bedesignatedandknownasthe "City ofSouth Miami Conflict of InterestandCode of Ethics Ordinance."Thissection shall be applicable to all city personnelasdefined below,and shall also constitute a standard of ethical conduct andbehaviorfor all autonomouspersonnel,quasi-Judicial personnel,advisory personneland departmental personnel.The provisions ofthissection shall be applied In a cumulative manner.By way of example,and not asa limitation,subsections(c)and(d)maybe applied tothesamecontractor transaction. (b)Definitions.Forthe purposesofthissectionthe following definitions shall beeffective: (1)Theterm"commission members"shall refer to themayorandthemembers of the city commission. (2)Theterm"autonomous personnel"shall refertothemembers of autonomousauthorities,boards and agencies, suchasthecity community redevelopment agencyandthehealth facilities authority. (3)Theterm "quasi-Judicial personnel"shall refertothemembers of the planning board,the environmental review and preservation board,the code enforcement boardandsuch other Individuals,boardsand agencies of the cityasperform quasi-Judicial functions. (4)Theterm "advisory personnel"shall refertothemembersof those city advisoryboardsand agencies whose soleorprimaryresponsibilityIs to recommend legislation orgiveadvice to thecitycommission. (5)Theterm "departmental personnel"shall refertothecity clerk,thecity manager,department heads,thecity attorney,and all assistants tothecityclerk,city manager and cityattorney,howevertitled. (6)Theterm "employees"shall referto all other personnel employedbythecity. (7)Theterm "compensation"shall refertoanymoney,gift,favor,thingof value or financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm "controlling financial interest"shall referto ownership,directly or indirectly,often percentormore oftheoutstandingcapital stock In any corporation ora direa orIndirectinterest often percentormoreina firm, partnership,orotherbusinessentityatthetimeof transacting businesswiththecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm "transact any business"shall refertothe purchase orsalebythecityof specific goodsorservices forconsiderationand to submittingabid,aproposalinresponsetoa Solicitation,a statement of qualifications in responsetoarequestbythecity,orenteringintocontract negotiations forthe provision onanygoodsorservices,whicheverfirstoccurs. (c)Prohibition ontransactingbusinesswith thec/ty. Noperson included In thetermsdefinedin paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto any contraa ortransaaanybusinessinwhichthatpersonoramember of theimmediate family hasa financial interest,direa orindirectwiththecityoranypersonor agency actingforthe city,andanysuch contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable.j Willful violation of this subsection shall constitute malfeasancein office andshall afreet forfeiture of office or I position.Nothing inthis subsection shall prohibit ormake Illegal:' (1)The payment of taxes,special assessments or fees for services provided bythechygovernment;j (2)The purchase of bonds,anticipation notesorother securities thatmaybe issued bythecity through ; underwritersordirectlyfromtime to time.i Waiver of prohibition.The requirements ofthis subsection may be waived fora particular transaction onlyby four I affirmative votes of the city commission after public hearing upon finding that J (1)An open-to-all sealed competitive proposal has been submitted bya city person as defined in paragraphs (b)(2),j (3)and(4);j (2)The proposal has been submitted bya person or firm offering services within the scope ofthe practice of ! architecture,professional engineering orregistered land surveying,as defined by the laws ofthe state and { pursuant to the provisions ofthe Consultants1 Competitive Negotiation Act,and when the proposal has been j submittedbya chy persondefinedin paragraphs (b)(2),(3)and (4); (3)The property or services tobe Involved inthe proposed transaction are unique and thecity cannot avail itself of such property or services without entering atransaction which would violate this subsection but for waiver of [ its requirements;and (4)Thatthe proposed transaction will be In thebest Interest ofthe city.[ This subsection shall be applicable onlyto prospective transactions,and thecitycommission may in no case ratify a \ transaction entered in violation ofthis subsection.j Provisions cumulative.This subsection shall betakentobe cumulative and shall notbe construed to amend or repeal I any otherlaw pertaining tothesame subjea matter.1 (d)Further prohibition on transacting business with the city.j ThomasF.Pepe l 12/10/2015 No person included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontractor transaa any business through a firm,corporation,partnership or business entityin which that person or any member ofthe immediate family has a controlling financial interest,direaor indirect,with the city or any person or agency aalng forthe city,and any such contract,agreement or business engagement entered in violation ofthissubsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothis subsection asthough incorporated by recitation. Additionally,no person included in theterm defined in paragraph (b)(1)shall voteonor participate In any way in anymatter presented tothecitycommission Ifthat person hasanyofthe following relationships withanyofthe persons or entities which would beormightbe directly or indirectly affected byanyaction ofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,Ifin any Instance the transaction ormatterwould affett the person defined in paragraph (b)(l)In amanner distinct fromthe manner in which it would affect the public generally.Any person included intheterm defined in paragraph (b)(1)whohasanyofthe specified relationships or whowouldor might,directly or Indirectly,realize aprofitbythe action ofthecity commission shall notvoteonor participate In anywayin the matter. (E)Gifts. (1)Definition.Theterm "gift"shall refertothe transfer of anything of economic value,whetherinthe form of money,service,loan,travel,entertainment;hospitality,itemor promise,orInanyother form,without adequate and lawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members ofone's household,unless the person Isa conduit on behalf ofathirdpartyto the delivery ofagiftthatis prohibited under paragraph (3); c.Awardsfor professional or civic achievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.Aperson described In paragraphs (b)(1)through(6)shall neither solicit nordemandany gift,itis also unlawful foranypersonorentitytooffer,give oragreeto give toanyperson included intheterms defined in paragraphs (b)(1)through (6),orforanyperson included intheterms defined in paragraphs (b)(1)through (6)to accept or agreetoacceptfrom another personorentity,anygiftfor or becauseof: a.An official public aalon taken,or tobetaken,or which couldbetaken,or an omission orfailureto takea public aalon; b.A legal dutyperformedortobeperformed,or which couldbeperformed,or an omission or failuretoperform a legal duty; c.A legal duty violated or tobe violated,or which could be violated byanyperson included intheterm defined in paragraph (b)(1);or d.Attendance or absencefroma public meetingatwhich official aalon istobetaken. (4)Disclosure.Any person included In theterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or seriesofgiftsfromanyoneperson or entity,having avalueinexcessof$25.00.The disclosure shall bemadeby filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"withthe chy clerk simultaneously withthe filing oftheformwiththeclerkofthecountyandwith the FloridaSecretaryofState. (f)Compulsorydisclosure by employees affirms doingbusiness with the dty. Should any person Included intheterms defined In paragraphs (b)(1)through (6)be employed bya corporation, firm,partnership or businessentityinwhichthatperson or the immediate family doesnothaveacontrolling financial interest,andshouldthecorporation,firm,partnershipor business entityhavesubstantial business commitmentsto or from the city or anycity agency,orbe subjea to direa regulationbythechy or acity agency, thentheperson shall file aswornstatement disclosing such employment andInterestwiththeclerkofthedty. (g)Exploitation of officialpositionprohibited. Noperson included intheterms defined in paragraphs (b)(1)through(6)shall corruptlyuseorattempttousean official positiontosecure special privileges or exemptionsforthatperson or others. (h)Prohibit/on on use ofconfidential Information* Noperson included in the termsdefinedin paragraphs (b)(1)through(6)shallacceptemployment or engagein anybusiness or professional activitywhich one might reasonably expea wouldrequire or induceoneto disclose confidential informationacquiredbyreasonofan official position,norshallthatpersonin hot ever disclose confidential Information garnered or gainedthroughan official position withthe city,nor shall thatpersoneverusesuch information,directlyor indirectly,for personal gain or benefit. Thomas F.Pepe 12/10/2015 (i)Conflicting employment prohibited No person included intheterms defined in paragraphs (b)(1)through (6)shall accept other employment which would Impair independence ofJudgment inthe performance ofany public duties. 0)Prohibitionon outside employment (1)No person included intheterms defined in paragraphs (b)(6)shall receive any compensation for services asan officeroremployeeofthecityfromanysourceotherthanthecity,exceptasmaybepermittedas follows: a.Generally prohibited.No full-time cityemployee shall acceptoutsideemployment,either incidental,occasional or otherwise,wherecity time,equipmentor material is to beusedorwheresuchemploymentoranypart thereof is tobeperformedon dty time. b.When permitted A full-time cityemployeemayaccept incidental or occasional outsideemploymentsolongas suchemploymentisnot contrary,detrimental oradversetotheinterestofthecityorany of its departments and the approval required In subparagraph c.isobtained. c.Approval ofdepartmenthead required.Anyoutsideemploymentbyany full-time city employeemustfirstbe approvedinwritingbytheemployee'sdepartmentheadwho shall maintain acompleterecordofsuch employment d.Penalty.Any personconvictedof violating any provision ofthis subsection shall be punished as provided in section I-II oftheCodeof Miami-Dade Countyand,in addition shall be subjea to dismissal bythe appointing authority.Thecitymayalso assess against a violator a fine nottoexceed$500.00and the costs of investigation incurredbythecity. (2)All full-time city employees engaged In anyoutsideemploymentforanyperson,firm,corporationorentity other thanthe city,orany of its agencies or instrumentalities,shall file,underoath,an annual report indicating the source of theoutsideemployment,thenatureoftheworkbeingdoneandanyamount of moneyorother considerationreceivedbythe employee fromtheoutside employment Cityemployeereports shall be filed with the city clerk.Thereports shall be available ata reasonable timeand place forinspectionby the public.The chy managermayrequiremonthlyreportsfrom individual employeesorgroupsofemployeesforgoodcause. (k)ProhibitedInvestments. Noperson included inthetermsdefinedIn paragraphs (b)(1)through(6)oramemberoftheimmediate family shallhavepersonalInvestments In anyenterprisewhichwillcreatea substantial conflict between private interests andthepublic Interest (I)Certain appearances and payment prohibited. (1)Noperson Included In thetermsdefinedin paragraphs (b)(1),(5)and(6)shall appear beforeanycity board or agencyandmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall thepersonreceiveanycompensationor gift,directlyor Indirectly,forservicesrenderedtoathirdperson,who has applied fororisseekingsomebenefitfromthechyoracity agency,inconnectionwiththe particular benefit soughtbythethirdperson.Nor shall theperson appear inanycourtorbeforeany administrative tribunal as counselor legal advisortoapartywhoseeks legal relieffromthe dty ora chy agencythroughthesuitinquestion. (2)No person included inthetermsdefined in paragraphs (b)(2),(3)and(4)shall appear beforethedty commissionoragencyonwhichthepersonserves,eitherdirectlyorthroughan associate,andmakea presentation onbehalfofathirdpersonwith respea toanymatter,license,contract certificate,ruling decision, opinion,rate schedule,franchise,orotherbenefitsoughtbythethird person.Nor shall suchpersonreceiveany compensation or gift,directiy or Indirectiy,for services rendered toathird party whohasapplied fororis seeking somebenefitfromthecity commission or agency onwhichthepersonservesinconnection with the particular benefitsoughtbythethird party.Nor shail the person appear inanycourtorbeforeany administrative tribunal as counselor legal advisor toathirdpartywhoseeks legal relief fromthe chy commission or agency on which such personservesthrough the suitin question. (m)Actions prohibited when financial Interests Involved. No person indudedintheterms defined in paragraphs (b)(I)through (6)shall participate inany official action directly or indirectly affecting a business inwhichthat person oranymemberofthe immediate family has a financial interestA finandal interest is defined inthis subsection to include,butnotbe limited to,anydireaor Indirea Interest inany investment equity,or debt (n)Acquiring finandal Interests. No person included In theterms defined in paragraphs (b)(1)through (6)shall acquire a financial Interest ina project business entityorpropertyatatimewhentheperson believes orhasreason to believethatthe financial interestmaybedirectly affected by official actionsorby official actions bythe city orcity agency of which the personisan official,officeroremployee. (0)Recommendingprofessionalservices. Thomas F.Pepe 12/10/2015 No person induded In the terms defined in paragraphs (b)(I)through (4)may recommend the services of any lawyer or law firm,architea or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist In anytransaction involving thecityoranyofits agencies,provided thata recommendation mayproperly bemadewhen required tobemadebythe duties of office and in advance ata public meeting attended byothercity officials,officers or employees. (p)Continuing o^/ccrtfoncn^r dty service. (1)No person induded in thetermsdefined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his orherdty service or employment has ceased,lobby any cityofficial [as defined in paragraphs (b)(1)through (6)]In connection with any judicial or other proceeding,application,Solicitation,RFQ,bid,request for ruling orother determination,contract claim,controversy,charge,accusation,arrest orother particular subjea matter in which thecityoroneofits agencies Is a party or has any interest whatever,whether direaor indirea.Nothing contained inthis subsection shall prohibit any individual from submitting a routine administrative requestor application toa chy departmentor agency during thetwo-year period afterhisorher service has ceased. (2)The provisions ofthe subseaion shall not apply to persons who become employed by governmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,andwho lobby on behalf ofthose entities In their official capacities. (3)The provisions of this subsection shall apply to all persons described In paragraph (p)(l)whose city service or employment ceasedaftertheeffectivedate ofthe ordinancefromwhichthissectionderives. (4)No person described in paragraph (p)(I)whosedty service or employment ceased within two years prior to the effective date ofthisordinance shall for a period oftwo years afterhis orher service or employment enter intoa lobbying contraato lobby anydty official in connection with anysubjeadescribed In paragraph (p)(I)in whichthedtyoroneofits agencies Is a party or has any direaand substantial Interest;and in whichheorshe participated directly or Indirectly throughdecision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during hisorher dty service or employment A person partidpated "directly" whereheorshewas substantially Involved In the particular subjeamatter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,orotherwise,during hisorhercityserviceor employment.Aperson participated "indirectly"whereheorshe knowingly partidpated in anyway In the particular subjeamatterthrough dedsion,approval,disapproval,recommendation,the rendering of advice,Investigation,or otherwise,during hisorher dty service oremploymentAll persons covered bythis paragraph shall executean affidavit ona form approved bythe cityattorney prior to lobbying anydty official attesting thatthe requirements ofthis subsection donot preclude the person from lobbying city officials. (5)Anypersonwho violates this subsection shall besubjecttothe penalties provided Insection8A-2(p). (q)City attorney to renderopinionson request Wheneveranyperson Induded In theterms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)isin doubtastotheproper interpretation or application ofthis conflict of Interest andcodeofethics ordinance,or wheneveranypersonwhorenders services tothecity is In doubtastothe applicability of the ordinance that person,maysubmittothecityattorneya full writtenstatementofthe tactsand questions.Thecityattorney shall thenrenderanopiniontosuchpersonand shall publish these opinions withoutuseofthenameoftheperson advisedunless the personpermits the use of aname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted3-2-99,repealed §§8A-Iand8A-2 in theirentiretyand replaced them withnew §§ 8A-1 and8A-2.Former §§6A-1 and 8A-2 pertained to declaration of policy and definitions,respectively,and derived from Ord.No.634,§§I (I A-l),I (IA-2)adopted Jan.II,1969. Thomas F.Pepe 12/10/2015 END OF SECTION PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit \s notrequiredforcompliancewiththe City's Solicitation;however,itmaybeusedtoavoid theneedtoregistermembersofyourpresentation team aslobbyists.Pursuantto City Ordinance28-14- 2206 (c)(9),any person who appears asa representative foran individual or firm foranoral presentation beforea City certification,evaluation,selection,technicalrevieworsimilarcommittee,shall list onan affidavit provided bythe City staff,all Individuals whomaymakeapresentation.Theaffidavitshallbe filedbystaffwith the Clerk'sofficeat the time the committee's proposalis submitted to the City Manager.For the purpose ofthissubsectiononly,the listed members of the presentation team,with the exceptionofanypersonotherwiserequiredtoregisterasa lobbyist,shallnotberequiredtopayany registrationfees.Nopersonshall appear beforeanycommitteeonbehalfofananyoneunlessheorshe hasbeenlistedaspartofthefirm'spresentationteampursuantto this paragraphorunlessheorsheis registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. X/trr'0 (yo^****2^Pursuant to '92.525(2),Florida Statutes,the undersigned,/*7",makes the following declaration under penalty of perjury: Listedbelowareall individuals whomaymakeapresentationonbehalfof the entity that theaffiant represents.Please note;No person shall appear before any committee on behalf of anyone unlesshe or she hasbeenlistedas part of the firm's presentation team pursuant to this paragraphorunlesshe orshe Is registered with the Clerk'sofficeasalobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavitof Representation only,the listed members of the presentation team, with the exception of any person otherwise required to register asalobbyist,shallnotbe required to payany registration fees.TheAffidavitof Representation shallbefiledwith the CityClerk'sofficeat the time the committee'sproposal Issubmitted tothe City aspartof the procurement process. Underpenaltiesofperjury,I declare that I haveread the foregoing declaration and that the facts stated InItaretrueand specifically that thepersonslistedabovearethemembersofthepresentationteamof the entity listedbelow. ted fJ S"day of Ao<fO&fi ,20 (£. Print Name and Title 'Print name of entit^being represented Thomas P.Pepe 12/10/2015 Exhibit #1 "Attachment A" Scope of Services &Schedule of Values/Summary of Quantities SW 74th Terrace Roadway andDrainage Improvement Project RFP #PW2016-15 L Scope of Work: Scopeofwork involves performing road,drainage and sidewalk improvements within theCityofSouth Miami.Work shall comply with applicable standards,including butnot limited totheFDOTandthe Miami DadeCounty Public Worksstandards.Work covered under this contract shall also include and is not limited to maintenance of traffic,offduty Police officer,drainage,milling,clearing &grubbing,asphalt placement, andstriping. Theconstructionistobeperformedper specifications andtheconstructiondocuments of Qtywlde Drainage Improvements Phase VI,preparedby Kimley Hornand Associates, (Exhibit I,Attachment C,"Construction Documents and Site Locations").This includes,butisnot limited to,the furnishing of all labor,material,tools,equipment, machinery,disposal of all materials,superintendenceandservicesnecessaryforthe completionoftheconstructionofthe project Theawardedvendormustobtainanypermitsrequired.TheCity will waive all City permitfees.Permitsthatmayberequiredby other agencies will bethe responsibility of theawardedvendor,including applicable fees. OffdutyPolice officers will berequiredforlaneclosures.Anallowance will beprovided for 160 hoursofoffdutyPolice officers.The off-duty Policeofficerhoursitemisan estimate.Selected contractor will berequiredtoapplyforarightofway permit,during whichtimePolice will evaluatetheMOTplanandassessifanoff-dutypoliceofficer will berequired.If the contractor believesthatmorethan 160 hoursarerequiredforthis project,the contractor shalladjustthequantitiesandtotal cost forthisiteminthe proposal.If the numberofhoursrequiredislessthantheproposednumberofhours, thedifferenceshallbe credited to the City. Work activity is limited to the hours from 7:00 a»m.through 6:00 p.m.,on weekdays from Monday through Friday.Theproposal shall include analternate price,unless indudedinthe general contract price,for performing theworkafter normalworkinghours.Ifno alternative priceis provided withthe proposal,it shall be anunrebuttable presumption thatthecontractprice includes workperformedafter normalworkinghourswheneverrequestedby die City Manager. II.Site Locations: The project is located on SW 74th Terrace,between SW 58th Avenue and SW 59th Avenue,as shown in the exhibit titled "Exhibit /,Attachment C,"Construction Documents and Site Locations." Thomas F.Pepe 12/10/2015 Valuesfoundin Exhibit /,Attachment B,"Summary of Values/9 utilized for the purposeofthis RFP areapproximate.Contractor isresponsibleto verify theareas,and quantitiesas per the limits definedbytheexhibits. WHEN SUBMITTING THE BID PACKAGE,THE RESPONDENT ISTO PROVIDE A LUMP SUM. RESPONDENTS ARE TO PROVIDE A FEE BREAKDOWN INCLUDING UNIT COST AND QUANTITES FOR EACH TASK INCLUDED IN THE LUMP SUM PRICE;INCLUDING BUT NOT LIMITEDTO:MOBILIZATION,MAINTENACE OFTRAFFIC,OFFDUTYPOLICE,DRAINAGE,RESURFACING (TYPE S-lll ASPHALTIC CONCRETE),MILLING ASPHALT,STRIPING (THERMOPLASTIC PAINT), REFER TO EXHIBIT 3 "CONSTRUCTION BID FORM."THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE CONTRACTOR BASED ON THE LUMP SUM AMOUNT SUBMITTED. III.Plans and Specifications: Construction Plans prepared by Kimley-Horn andAssociates,titled "Citywide Drainage ImprovementsPhase VI"are apartofthis RFP bywayofreferenceas Exhibit I, Attachment C,"Construction Plans and Site Locations." IV.Project Duration &Liquidated Damages: The current estimatetocompleteconstructionofthe project is 60 calendar days substantial completion.Thermoplasticpaint shall beinstalled30calendar days after substantialcompletion.A90totalcalendardaysto final completionfromissuanceof Notice to Proceed. Liquidated Damages shall bepaidbythe Contractor attherateof $1.000.00 dollars per day,plusanymoniespaidbythe Owner to theConsultant,ifany,for additional engineeringandinspectionservices,ifany,associatedwithsuchdelay. V.Warranty: Thestandard manufacturer's warranty information mustbe provided in writing for aJI equipmentbeingproposed,including installation byanauthorizeddealer. NOTE:Performance and Payment Bonds are required for the full amount of the project Thomas F.Pepe 12/10/2015 END OF SECTION Thomas F.Pepe 12/10/2015 Exhibit #I "Attachment B" Schedule of Values/SummaryofQuantities SW 74th Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 PAYITMESNO. 110-1-1 101-1 102-1 102-14 104-18 110-4 160-4 327-70-1 285-706 334-1-13 425-1-901 425-1-901 425-1-901 425-5-1 425-4 425-6 430-175-118 443-70-4 522-1 522-2 527-1 520-1-10 520-2-9 520-3 711-11-123 711-11-125 711-11-211 711-11-231 700-20-41 570-1-2 Schedule ofValues DESCRIPTION Clearing andGrubbing Mobilization Maintenance of traffic Traffic Control Officer Inlet Protection System Remove Existing.Cone.Pavement (Sidewalkand Curbs) TypeBstabilization12"(LBR 40) Milling Existing pavement(1"avg.depth) LImerockbase(8")(Primed)(SingleCourse) Type S-lll AsphaltConcrete for1"Nominal resurfacing,Ind.bituminous tackcoat (Inlcudlng French Drain restoration) 3*4'0Roundcatchbasing (<10') TypeCcatchbasing (<10') Type D-2 catchbasing (<10') ManholeAdjust Inlet Adjust ValveBox Meter Adjust Pipeculvert 18'hdpe (Non-perforated) Exfiltration trench(18"hdpe) Cone.Sidewalk (4"thick) Cone.Sidewalk (6"thick) Detectablewarningsurfaceforcurbcutramps 2*Cone.Curband gutter type "F" Cone.CurbSpecial 2'Cone.Valley Gutter 12"solid white Thermoplastic Paint 24"solid white Thermoplastic Paint 6"yellowThermoplasticPaint 6"yellowskipThermoplasticPaint Relocatesinglepostsign Sodding (Incl.wateiing) M«%%a tc 3>*c~. UNIT QTY. LS LS LS MH 80 EA SY 450 SY 530 SY 1679 SY 530 SY 2210 EA EA EA EA EA EA LF 179 LF 230 SY 230 SY 132 EA LF 246 LF 22 LF 147 LF 164 LF 33 NM 0.038 GM 0.023 EA SY 94 zav. &&&, Unit Price it*o.v& •at 45 •M •n? f.•&*• 6.•ver 4-.TfT W.-wr Cost TwK«* ^axr™ &,a&.&t 3600 "?£-rr* ttro.oB -3t3J8Q., *,4*Q.7ft /A attfyio. sm /S2W-*3azr. JjigR' JMBK' ASBOi yog" <&gV 7*>-de*J&&t&> tfa 6>fi TB& "&*/<3P, 4* "W mz /<&-9+ &><tW *F^ W vB£&, ZIP* ?*i&&. S94&7* -m 4»/ft TO404._x 3,940.** 4f*w TSTS7* 4JM*w /w. \4SW7* &6M40.v* mr ~S6&£. /J%08Z &TOTAL 110-1-1ClearingandGrubbing This istem Is tobeusedonly to provide the cost of the Inletremoval (Drainage Structure S-31) 102-14 Traffic Control Officer Theoff-duty Police officerhours Item Is anestimate.Selected contractor will be required toapplyforarightofway permit,during which Police will evaluatetheMOTplanandassess If an off-duty policeofficerwillberequired.If the contractor beiives thatmore than80hoursare requiredfor thisproject,the contractorshalladujstthequantitiesandtotalcostforthisiteminthe proposal,if the numberofhoursrequired Is lessthantheproposednumberofhours,thedifferenceshallbecreditedtothe City 522-1 Cone.Sidewalk(4"Thick) CurbRampsandDetectableWarningSurfaceforsidewalkrampsIs Incidental tothecostofnewsidewalk AllPay Items are refering to the FDOT standardsandspecifications Thomas F.Pepe 12/10/2015 Exhibit #1 "Attachment C" Construction Plans and Site Locations SW 74*Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 EXHIBIT 2 SW 74th Terrace RoadwayandDrainage Improvement Project RFP#PW20I6-I5 Insurance &Indemnification Requirements 1.01 Insurance A.Without limiting its liability,thecontractor,consultantor consulting firm (hereinafter referredtoas "FIRM"withregardto Insurance and Indemnification requirements)shall berequired to procureand maintain atitsownexpenseduringthe life oftheContract,insurance ofthetypesandinthe minimum amountsstatedbelowas will protect the FIRM,fromclaimswhich mayariseoutof or resultfrom the contract or the performanceof the contract withtheCityofSouth Miami,whethersuch daim isagainst the FIRM or anysub-contractor,orbyanyonedirectlyor indirectly employedbyanyofthem or by anyoneforwhoseactsanyofthem may be liable. B.Noinsurancerequiredbythe CITY shallbeissued or writtenbyasurpluslinescarrierunlessauthorized inwritingby the CITYandsuchauthorizationshallbeatthe CITYs soleandabsolutediscretion.The FIRM shall purchaseinsurancefromand shall maintain theinsurancewithacompany or companies lawfully authorized to sellinsurancein the StateofFlorida,onformsapprovedbytheStateof Florida,as will protect the FIRM,ata minimum,fromallclaimsassetforthbelowwhichmayarise out of or result fromthe FIRM's operationsundertheContractandforwhichthe FIRM maybe legally liable,whether suchoperationsbebythe FIRM or byaSubcontractororbyanyonedirectlyorindirectly employed by anyofthem,or byanyoneforwhoseactsanyofthem may be liable:(a)claims under workers1 compensation,disability benefitand other similar employeebenefitacts which are applicable tothe Work tobeperformed;(b)claims for damages becauseof bodily injury,occupational sickness or disease,or deathofthe FIRM'S employees;(c)claims fordamagesbecauseofbodily injury,sickness or disease,or deathofanyperson other thanthe FIRM'S employees;(d)claims for damages insuredby usual personal injury liability coverage;(e)claims for damages,other thantothe Work itself,becauseofinjuryto or destructionof tangible property,including lossofuse resulting therefrom;(f)claims for damages because of bodily injury,deathofaperson or property damage arising outof ownership,maintenance oruseofa motor vehicle;(g)claims for bodily injuryorproperty damage arising outofcompletedoperations;and (h)claims involving contractual liability insurance applicable tothe FIRM's obligations undertheContract. 1.02 Firm's Insurance Generally.The FIRM shall provide and maintain In forceandeffectuntil alltheWorkto beperformedunderthis Contract hasbeencompletedandacceptedby CITY (orforsuchdurationasisotherwise specified hereinafter),the insurance coveragewrittenon Florida approved formsandassetforthbelow: 1.03 Workers'Compensation Insurance atthe statutory amountasto all employees in compliance withthe "Workers'Compensation Law"ofthe State of Florida including Chapter 440,Florida Statutes,as presently written or hereafter amended,and all applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthestatutory coverage amount.The FIRM shall further Insure that all ofits Subcontractors maintain appropriate levelsof Worker's Compensation Insurance. 1.04 Commercial ComprehensiveGeneral Liability insurancewithbroadformendorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability ofinterestwith cross liability provision,and personal injury and properly damage liability with limits of$1,000,000 combined single limit peroccurrenceand $2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000 perperson; •PropertyDamage:$500,000eachoccurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written ona Florida approved form with the same coverage asthe primary insurance policy butinthe amount of $1,000,000 per claim and $2,000,000 Annual Aggregate.Coveragemustbe afforded onaformnomorerestrictivethanthelatesteditionof the Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must Include: (a)Premises andOperation (b)IndependentContractors (c)Productsand/orCompletedOperations Hazard Thomas F.Pope 12/10/2015 (d)Explosion.Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract,including any hold harmless and/or Indemnification agreement (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limitsof coverage equal tothose required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limit for Bodily injury Lability and Property Damage Liability.Umbrella coverage mustbe afforded ona form nomore restrictive than the latest edition ofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththe state of Florida,and must indude: (a)OwnedVehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS;The FIRM agrees thatifany part oftheWorkunderthe Contract is sublet,the subcontract shall containthesameinsurance provision assetforthinsection 5.1 aboveand5.4belowand substituting theword Subcontractor fortheword FIRM and substituting theword FIRM forCITYwhere applicable. I.0B Rre and Extended Coverage Insurance (Builders'Rtslfr IF APPLICABLE! A.In the event thatthis contract Involvestheconstructionofastructure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable totheCITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,whileinthe courseof construction,Including foundations,additions,attachments and all permanent fixtures belonging toand constituting apartof said buildings or structures.The policy or policies shall alsocover machinery,ifthecostof machinery is included inthe Contract,orifthe machinery islocatedina building thatisbeingrenovatedbyreason of thiscontractTheamount of insurance must,at all times,beatleast equal tothe replacement and actual cash value ofthe insured property.The policy shall beinthenameof theCITYandtheCONTRACTOR,astheirinterest may appear,and shall also coverthe interests of all SubcontractorsperformingWork. B.Allofthe provisions setforthinSection5.4hereinbelow shall apply to this coverage unless It wouldbe clearlynot applicable. 1.09 Miscellaneous: A.ifanynoticeof cancellation of insurance or change in coverage is issued bythe insurance company or should any insurance havean expiration datethat will occur during the period of this contract,the FIRM shall be responsible forsecuringother acceptable insurance priortosuch cancellation,change,or expirationsoastoprovidecontinuouscoverageas specified inthissectionandsoas to maintain coverageduring the life ofthis Contract B.All deductibles mustbe declared bythe FIRM andmustbe approved bythe CITY.At theoptionofthe CITY,eitherthe FIRM shall eliminate orreducesuch deductible orthe FIRM shall procurea Bond,ina form satisfactory totheCITYcoveringthesame. C.The policies shall containwaiverof subrogation against CITYwhere applicable,shall expresslyprovide that such policy or policies are primary overanyother collectible Insurance thatCITYmayhaveThe CITYreservestherightatanytimetorequestacopyofthe required policies forreview.Ail policies shall contain a "severability ofinterest"or "cross liability"clause without obligation for premium paymentoftheCITYaswellascontraauai liability provision coveringtheContractorsdutyto indemnify the Ctty as provided inthis Agreement D.Beforestartingthe Work,the FIRM shall deliverto the CITYand CONSULTANT certificatesofsuch insurance,acceptableto theCITY,aswellas the Insurance binder,ifoneis Issued,the insurance policy, including the declaration pageand all applicable endorsementsandprovidethe name,addressand telephonenumberofthe insurance agentorbroker through whomthe policy was obtained.Theinsurer shall berated A.VII or better perA.M.Best's Key Rating Guide,latesteditionandauthorizedtoissue insurance intheStateof Florida.All Insurance policies mustbewrittenonformsapprovedbytheState of Florida andtheymustremainin full forceandeffectfortheduration of thecontractperiodwiththe CITY.The FIRM maybe required bythe CITY,atitssole discretion,to provide a "certified cop/'ofthe Policy (asdefinedinArticle I ofthisdocument)which shall Indudethe declaration page and all required endorsements.In addition,the FIRM shall deliver,atthetimeofdeliveryofthe insurance certificate,the following endorsements: (I)apolicy provision oran endorsement with substantially similar provisions as follows: Thomas F.Pepe 12/10/2015 "TheCityofSouth Miami isan additional insured.The insurer shall pay all sumsthattheCityof South Miami becomes legally obligated to pay as damages becauseof 'bodily injur/','property damage',or "personal and advertising injury"andit will provide totheCity all ofthe coverage thatis typically provided underthe standard Florida approved formsfor commercial general liability coverageAand coverage B"; (2)apolicy provision oranendorsementwith substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation fornon-paymentof premium), terminatedor materially modified without first giving the City ofSouth Miami ten (10)days advancedwrittennoticeoftheintentto materially modify the policyortocancelorterminate the policy forany reason.The notification shall be delivered totheCityby certified mail,with proofof delivery to theCity." E.if the FIRM is providing professional services,suchaswouldbeprovidedbyanarchitect,engineer, attorney,or accountant to nameafew,theninsuch event andinadditionto the aboverequirements, the FIRM shall alsoprovide Professional Liability Insurance ona Florida approvedformintheamountof $1,000,000withdeductibleper claim if any,nottoexceed5%of the limitof liability providing for all sumswhich the FIRM shall become legally obligated topayas damages for claims arising outofthe services or work performedby the FIRM itsagents,representatives,Sub Contractors or assigns,orby anypersonemployedorretainedbyhim In connectionwiththisAgreement.This insurance shall be maintained forfouryearsaftercompletionoftheconstructionandacceptanceofany Projea coveredby this Agreement However,the FIRM may purchase Specific Projea Professional Liability Insurance,inthe amountandundertheterms specified above,whichisalso acceptable.No insurance shall beissuedbya surplus lines carrier unless authorized in writing bythecityatthecity'ssole,absoluteandunfettered discretion. Indemnification Requirement A.TheContractoracceptsand voluntarily incurs all risksofany Injuries,damages,orharmwhichmight ariseduringthe work oreventthat is occurring onthe CITY'S propertydue to the negligence orother fault ofthe Contractor oranyone aalng throughoronbehalfof the Contraaor. B.The Contraaor shall Indemnify,defend,saveandholdCITY,itsofficers,affiliates,employees, successorsand assigns,harmlessfromanyand ali damages,claims,liability,losses,claims,demands,suits,fines, judgments orcostand expenses,including reasonable attorney's foes,paralegal feesand investigative costs incidental theretoand Incurred priorto,during or following any litigation,mediation,arbitration andat all appellate levels,whichmaybesufferedby,or accrued against charged toorrecoverablefromtheCityofSouth Miami,its officers,affiliates,employees,successors and assigns,by reason ofany causes ofactionsor claim ofany j kind or nature,including claims for injury to,or death ofany person or persons and forthelossor damage to any property arising outofa negligent error,omission,misconductoranygross negligence,intentional actor harmful conduct ofthe Contraaor,its contractor/subcontractor or any of their officers,direaors,agents,representatives,j employees,or assigns,or anyone acting through oron behalf of any ofthem,arising outofthis Agreement ! incident toitor resulting from the performance or non-performance of the Contractor's obligations under this ! AGREEMENT.j C.The Contractor shall pay all claims,losses and expenses of any kind or nature whatsoever,in j conneaion therewith,including theexpenseor loss oftheCITY and/or its affected officers,affiliates,employees,\ successors and assigns,including their attorne/s fees,in the defense ofany action in law or equity brought against j them and arising from the negligent error,omission,or aaofthe Contractor,its Sub-Contractor or any oftheir J agents,representatives,employees,or assigns,and/or arising outof,orincidentto,this Agreement or incident to or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. D.The Contractor agrees and recognizes that neither the CITY norits officers,affiliates,employees, successors and assigns shall be held liable or responsible for any claims,including the costs and expenses of defending such claims whichmayresultfromor arise outofaaionsoromissionsoftheContractor,its contractor/subcontractor or any oftheir agents,representatives,employees,or assigns,or anyone aalng through or on behalf ofthe them,and arising out oforconcerning the work or event that is occurring on the CITYs j property.In reviewing,approving or rejecting any submissions or acts ofthe Contractor,CITY in no way assumes | or shares responsibility or liability for the acts or omissions ofthe Contractor,its contraaor/subcontractor or any j of their agents,representatives,employees,or assigns,or anyone aalng through oron behalf of them.i E.The Contractor has the duty to provide adefense with an attorney or law firm approved by the City \ ofSouth Miami,which approval will notbe unreasonably withheld.i Thomas F.Pepe [ 12/10/2015 t I l t F.However,asto design professional contracts,and pursuant to Seaion 725.08 (I),Florida Statutes, none ofthe provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility ofthe design professional concerning indemnification.Thus, the design professional's obligations astothe City and Its agencies,as well astoits officers and employees,isto indemnify and hold them harmless from liabilities,damages,losses,and costs,including,butnot limited to, reasonable attorneys'fees,totheextent caused bythe negligence,recklessness,or intentionally wrongful conductofthe design professional andother persons employed or utilized bythe design professional inthe performance of the contract END OF SECTION Thomas F.Pepe 12/10/2015 EXHIBIT 3 SW 74th Terrace RoadwayandDrainage Improvement Project RFP #PW2016-15 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO; Steven Alexander City Manager CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 1.Ifthis Proposal Is accepted,the undersigned Respondent agrees toenterIntoa Contraa withtheCityof South Miami intheform included inthis Solicitation Package andtoperformand furnish all workas specified or indicatedinthis Solicitation,including assetforth In Exhibit I (Scope of Services)forthe ProposedPriceas set forthbelow,withinthe Contraa Timeand in accordancewith the other termsand conditionsof the Solicitation Package. 2.Respondentacceptsallofthetermsand conditions ofthe Solicitation and Instructions to Respondents, including without limitation those dealing withthe disposition of Proposal/Bid Bond,ifrequired.This Proposal will remainsubjectto acceptance for 180 calendar days afterthedayoftheProposal Opening. TheRespondent,by signing andsubmittingthisproposal,agrees to all of thetermsandconditionsofthe formof contraa that Is apartofthe Solicitation package with appropriate changes toconformtothe Information contained in this Bid Form.RespondentagreestosignandsubmittheBonds,if requiredby this Solicitation,requiredinsurancedocuments,and other documentsrequiredbythe Solicitation, including the Contraa ifnot already submitted,within ten (10)calendar days afterthedateoftheCity's Notice of Award. 3.InsubmittingthisProposal,Respondentrepresentsthat: a.Respondenthas examined copiesof all the Solicitation Documents andofthe following Addenda,Ifany (receiptofallwhichishereby acknowledged.) Addendum No.£Dated:5*f **S /f& b.Respondenthas familiarized himself withthenatureandextentofthe Contraa Documents,theproposed work,site,locality,and all local conditions and laws and regulations that In any manner may affect cost,j progress,performance or furnishing oftheWork. c.Subsurface conditions:If applicable to this Solicitation,the Respondent represents that j i.Respondent has studied carefully all reports and drawings,If applicable,of subsurface conditions and I drawings of physical conditions.j II.Respondent hasobtainedand carefully studied(or assumes responsibility for obtaining and carefully j studying)all such examinations,investigations,explorations,tests and studies In addition toorto j supplement those referred to In this paragraph which pertain to the subsurface or physical conditions j atthesiteor otherwise may affeathe cost,progress,performance,orthe furnishing oftheWorkat i the Contract Price,within theContraaTime and in accordance with the other terms and conditions j ofthe Contraa Documents.The Respondent hereby acknowledges thatno additional examinations, Investigations,explorations,tests,reportsor similar Information or dataare,or will,be required by Respondent foranyreasonIn connection withthe Proposal.The failure oftheRespondenttorequest a pre-bid marking ofthe construction siteby any or all utility companies shall createan Irrefutable presumption thatthe Respondent's bid,or proposal price,hastakeninto consideration all possible underground conditions and Respondent,if awarded the contract,shall notbeentitledtoa change order foranysuchconditiondiscoveredthereafter. Hi.Respondenthascorrelatedtheresultsof all such observations,examinations,investigations, explorations,tests,reports andstudieswiththetermsandconditionsofthe Contraa Documents. iv.Respondenthasreviewedandcheckedall Information anddatashown or indicated In the Solicitation Package or In the Contraa Documents with respectto existing Underground Facilities or conditions Thomas F.Pepe 12/10/2015 ator contiguous tothe site and assumes responsibility for die accurate location of all Underground Facilities and conditions that may affect the Work No additional examinations,Investigations, explorations,tests,reports or similar information or data inrespeato any Underground Facilities or conditions are,or will be,required by Respondent in orderto perform and furnish theWorkatthe Contract Price,within theContract Time andin accordance withtheothertermsandconditionsof theContraa Documents unless the Proposal specifically states thatthe contract price is subjeato adjustment forfuture discovery of underground facilities and/or conditions that affect thecostofthe Work and unless the respondent makes a written request tothe City for additional Information priorto submitting thebidor proposal asrequiredin subsection ii above, d.Respondent has gven the City written notice of all conflicts,errors or discrepancies that It has discovered intheContraa Documents and,if any conflicts,errorsor discrepancies have been found and notice given,the Respondent represents,by submitting its proposal tothe City,thatthe Respondent has received sufficient notice ofthe resolution thereof from the City,that such resolution Is acceptable to Respondent and thatthe Respondent waives any claim regarding the conflicts,errorsor discrepancies. e.This Proposal Is genuine and not made inthe Interest oforon behalf of any undisclosed person,firm or corporation andisnot submitted pursuant to any agreement or rules of any group,association, organization,orcorporation;Respondent hasnot directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal;Respondent has not solicited or induced any person, firm or corporation to refrain from responding;and Respondent has not sought by collusion or otherwiseto obtain for itself any advantage overanyother Respondent oroverthe CITY. 4.Respondent understands and agrees thatthe Contraa Price isthe amount thatit needs to furnish and install all oftheWork complete and In place.The Schedule of Values,if required,is provided forthe purposeofProposal Evaluation andwhen initiated bythe CITY,itshallformthe basis for calculating the pricing of change orders.The Contraa Price shall notbe adjusted inany way soastoresultina deviation fromthe Schedule of Values,excepttotheextentthatthe CITY changes theScopeofthe Workafterthe Contraa Date.As such,the Respondent shall furnish all labor,materials,equipment, tools,superintendence and services necessary to provide a complete,in place,Projeaforthe Proposal Price.Ifthis Solicitation requires the completion ofaCost and Technical Proposal,as may besetforthin inanexhibittothis Solicitation,suchproposal must be attached Co thisBid Form andwill take the place of the Lump Sum Price,otherwise,the Contract Pricefor the completed work is as follows: LUMP SUM BASE PRICE:/$%89&dollars and &&cents Alternates:#1 ^^#2 m—" Afee breakdown foreach task included in the lump sum contract price,If applicable,must be provided.Failure to provide this information shall render the proposal non-responsive. 5.The ENTIRE WORK shall be completed,in full,within 60 calendar days fromthe commencement date setforthin the NOTICE TO PROCEED.Failure tocompletetheentireworkduringthedescribedtime period shall resultinthe assessment of liquidated damages as may besetforthinthe Contraa. 6.Insert the followinginformationforfuture communication withyouconcerningthisProposal: RESPONDENT:/Ja^&otc-3T**C-. Address:ftOtt &txJ *JT ffift Mtc^^L V?L 3^/tT^! Telephone:—'^^^~*—**^~~ Facsimile: Contaa Person y j ^g^p (Sc^O g^L^e z~ 7.Thetermsusedinthis Proposal whichare defined In the Contraa shall havethesame meaning asis assigned tothemInthe Contraa Documents,unless specifically defined Inthis Solicitation Package. Thomas F.Pepe 12/10/2015 Ifacost&technicalproposal is required bythe Solicitation,Respondent hereby certifies that all ofthe faces and responses tothe questions posed inthe cost&technicalproposal,if suchan exhibit is made apartofthe Solicitation,aretrue and correct and are hereby adopted aspartofthis Construction Bid Form,andare made apartofthis proposal,byreference. By submitting this proposal,I,on behalf ofthe business that I represent,hereby agreetothetermsofthe formof contraa contained inthe Solicitation package and I agreetobeboundbythoseterms,with any appropriate blank boxes,if any,checked andany blank lines filled In with the appropriate information containedinthe Solicitation Documentsandthis Proposal,or such Information that theCityand I have agreeduponinthecourseof contraa negotiations and which havebeen confirmed bytheCity In writing, Including e-mail confirmation,If any.I hereby certify under penalty of perjury that I amthe lawful representative ofthe business entity referenced Inthis Bid Form,that I have authorityto bid forthat entityandthat all ofthe information and representations contained hereinaretrueandcorrecttothe bestofmyinformationandbelief. SUBMITTED THIS 3~DAY OF J^OJO^T 20/£. PROPOSAL SUBMITTED BY: rized toSubmitProposal Title 7?he&cf&*icp TelephoneNumber Fax Number Email A&frtfss Ccr&\J<xb.oO'C^Q ***^ END OF SECTION Thomas F.Pepe 12/10/2015 CONSTRUCTION CONTRACT SW 74th Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 THIS CONTRACT was made and entered into on this X^f^day of Sg^tcMlke^.20 lb.byandbetweentf\ft Qg^(<;,,far.(hereafter referred to as ' "Contractor"),and the City of South Miami (hereafter referred to as "Owner"),throMgh its Chy Manager (hereafter referredtoas "City"). WITNESETH: That,the Contractor,for the consideration hereinafter folly setout,hereby agrees with the Owner as follows: 1.The Contractor shall furnish all labor,materials,equipment,machinery,tools,apparatus,transportation and any other items necessary to perform all ofthe work shown on and described in the Contraa Documents and shall do everything required by this Contraa and the other Contraa Documents hereinafter referred to as the Work. 2.The Contraa Documents shall include this Contract,General Conditions to the Contract,if any,the drawings,plans,specifications and projea manual ff any,any supplementary or special conditions,other documents referring to this contraa and signed by the parties,the solicitation documents ("hereinafter referred to as "Bid Documents01)and any documents to which those documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any ofthe documents described herein. 3.The Contractor shall commence the Work to be performed under this Contraa on adate to be specified in a Notice to Proceed and shall complete all Work hereunder within the length oftime set forth in the Contraa Documents. 4.The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract,subjea to additions and deductions as provided in the Contraa Documents and any properly approved,written change orders,in lawfulI money of the United States,the amount of:<**Mr *_«h«o (faH*MThir%ltfj7*W3*nDli£)jkT Dollars t$l3%BPzM ).Lump Sum ("ContraaPrice").^fwn^Caed T&o And &&//%? 5.The expenses of performing Work after regular working hours,and on Sunday and legal holidays shall be included in the Contraa Price.The City may demand,at any point in time,that any part,or aU,of the Work be performed after regular working hours.In such event,the Respondent shafl have no right to additional compensation for such work.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writingbytheCity. 6.If the Work is expected to require more than one month,the Owner shall make monthly partial payments to the Contractor on the basis of aduly certified and approved schedule of values for the Work performed during each calendar month by the Contractor,less the retainage (all as provided for in the Contraa Documents),which is to be withheld by the Owner until completion and acceptance of the complete projea in accordance with this Contraa and the other Contraa Documents and until such Work has been accepted bythe City. 7.Upon submission by the Contractor of evidence satisfactory to the Owner that all labor,material,and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full and after compliance with the terms for payment provided for in the Contraa Documents,final payment on account ofthis Contraa shall be made within sixty (60)calendar days after the completion by AeCorrtj^rofallWork covered by this Cwiti^and the acceptance of such Work by the Owner. 8.The Work shall be completed in 60 calendar ^ayTl |n the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contraa Documents,orthe extended time limit agreed upon,in accordance with the procedure as more particularly set forth in the Contraa Documents, liquidated damages shall be paid by the Contractor at the rate of SL0OO.0O dollars per day,plus any monies paid by the Owner to the Consultant,if any,for additional engineering and inspection services if any,associated withsuch delay. Thomas F.Pepe 12/10/2015 9.It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond f'Bond")is required and if,at any time after the execution of this Contraa and the Bond for Its faithful performance and payment,the City shall deem the Surety or Sureties upon such bond(s)to be unsatisfactory,or if,for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers,the Contractor shall,at its expense within five (5) business days after the receipt of notice from the City so to do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City.In such event, no further payment tothe Contraaor shall be deemed to be due under this Contraa until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory totheCity. 10.No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work,by appropriate action bythe Chy and in accordance with the Contraa Documents. 11.The date that this contraa was "made and entered into"and its effective (fate is the (fate that the contraa is the signed by the City or,ifthe contraa is required to be approved by resolution of the City Commission,then the Effective Date is the date ofthe resolution approving the Contraa whichever is the later date. m WBTMESS WHEREOF,the parties hereto have executed this Contraa on the day and date set forth next to their name below and may be signed in one or more counterparts,each ofwhich shall without proof or accounting fortheother counterpart;bedeemedan<''•-^ Signature:J V MarlaMenendeV^ Readand Approved Legality,and Thomas F.Pepe 12/10/2015 arfo ^0<^&®dl<t.%S EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS SW 74th Terrace Roadwayand Drainage Improvement Project RFP#PW20I6-I5 ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in theotherContraa Documents,the following terms shall have the meaning indicated.These definitions shall always apply when theseaionoftheContraa specifically refers to this Article forthepurposeof interpreting awordorgroupofwordsinthatseaionofthe Contraa Document. However,when the section ofthe Contract,where the word tobe defined is used,does not specifically refersto this Article to define the word or group of words,the definitions contained in this Article shall not apply unless the word or group of words,in the context ofitortheir use in theContraa Document in question,is/are ambiguous and open for interpretation.In addition,these definitions shall also not apply to interpret terms ina specific provision ofa Contraa Document ifthat specific provision contains a definition oftheseterms: Addenda:Written or graphic documents issued prior tothe Bid Opening which modify or interpret theContraa Documents,Drawings and Specifications,by addition,deletions,clarifications orcorrection. Application for Payment:A form approved by the CONSULTANT,if any,orthe City Manager which is tobe used bythe CONTRACTOR in requesting progress payments. Bid The offer or proposal ofthe Bidder submitted onthe prescribed form setting forth the prices and other termsforthe Work tobeperformed. Bidden Any person,firm or corporation submitting a response tothe Owner's solicitation for proposals or bids for Work. Bid Documents:The solicitation for bids or proposals and all documents that make up the solicitation including the instruaions,form of documents and affidavits. Bonds:Bid bond,performance and payment bonds and other instruments of security,furnished by the CONTRACTOR anditssuretyinaccordancewiththe Contraa Documents andinaccordancewiththe laws of the State of Florida. Change OrderA written order tothe CONTRACTOR signed by the City Manager authorizing an addition, deletionor revision intheWork,or anadjustmentinthe Contraa Price or the 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 ofthe Work provided by the City tothe CONTRACTOR.The proposal includes line item pricing,where thereare multiple locations,and the timeframe for completing the work. CTTY:The City Manager forthe 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. Construaion Observer:An authorized representative ofthe CONSULTANT,if any,or otherwise a representative ofthe City assigned to observe the Work performed and materials furnished by the CONTRACTOR.The CONTRACTOR shall be notified in writing ofthe identity ofthis representative. Contraa Documents:TheContract Documents shall include the Contraa between theOwnerandthe Contraaor,other documents listed in theContraa and modifications issued after execution oftheContraaas well as all Bid Documents including but not limited to the solicitation for Bid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificates and policies,the Notice of Award,the Notice to Proceed,the General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications, Drawings,including any incorporated specifications,addenda to the drawings issued prior to execution ofthe Contract,Change Orders,Construaion Change Direaives and any written order for a minor change in the Work,andwritten modifications to any ofthe Contraa Documents. Contract Price:The total moneys payable tothe CONTRACTOR pursuant tothe terms oftheContraa Documents. Contraa Time:The number ofcalendar days stated in the Contraa for the completion ofthe Work. Contraaing Officer:The individual who is authorized to sign thecontraa documents on behalf ofthe OWNER. CONTRACTOR:The person,firm or corporation with whom the OWNER has executed the Contract. 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. Thomas F.Pepe 12/10/2015 Day:A period oftwenty-four hours measured from the beginning ofthe day at 12:01 a.m.and it shall be presumed tobea calendar day unless specifically designated as a business day. Days:The number oftwenty-four (24)hour periods following the event to which the word "days"refers commencing at 12:01 a.m.atthe start of the next day.Therefore,in computing any period of time prescribed or allowed by the Contraa Documents,the day ofthe act,event or default from which the designated period oftime begins to run shall not be included.The last day ofthe period so computed shall be included unless it is a Saturday,Sunday or legal holiday,in which event the period shall run until the end ofthe next business day that is nota Saturday,Sunday or legal holiday. Defeaive Work:Work that is unsatisfaaory,faulty,or deficient in thatit does not conform totheContraa Documents,or does not meet the requirements of any applicable inspeaion,reference standard,test,or approval referred to in the Contraa Documents,or has been damaged prior tothe CONSULTANTS recommendation of final payment (unless responsibility for the proteaion 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 permitted by the Contraa Documents. Drawings:The drawings which show the charaaer and Scope ofthe Work to be performed and which have been prepared or approved by the CONSULTANT,orif none,then by an architea or engineer hired by the City and are referred to in the Contraa Documents. Field Order A written order issued by the CONSULTANT which clarifies or interprets the Contraa Documents in accordance with Paragraph 9.3 or orders minor changes in theWork in accordance with paragraph 10.2. Modification:(a)A written amendment ofthe Contraa Documents signed by both parties,(b)a Change Order signed by both parties,(c)a written clarification or interpretation if issued bythe CONSULTANT in accordance with paragraph 9.3 or (d)a written order for minor change or alteration in theWork issued bythe CONSULTANT pursuant to Paragraph 10.2.A modification may only be issued after execution ofthe Contract,it mustbe in writing and signed bythe party against whom the modification is sought tobe enforced. Non-conforming Work means work thatdoesnotconformtothe Contraa Documentsandincludes work thatis unsatisfaaory,faulty,or deficient orthat does notmeetthe requirements of any applicable inspection,reference standard,test,orthatdoesnotmeet any approval required by,or referred to in,theContraa Documents,or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). Notice of Award:The written notice by CITY tothe apparent successful Bidder stating that upon compliance with the conditions precedent tobe fulfilled byit within thetime specified,CITY will execute and deliver theContraa to him. Notice to Proceed:A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT)fixing the date on which the Contraa Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contraa Documents. Person:An individual or legal entity. Project:Theentireconstruaion operation being performed as delineated in theContract Documents. Policy:Theterm "policy"asusedinthe Contraa Documents shall meanthe insurance binder,ifitisissued,the declaration page ofthe policy and thebodyofthe policy,including all endorsements. RFP:Requestfor Proposal. Scope of Services.This phrase referstothescopeofthe services orworktobe performed and it has the same meaning as Scope ofthe Work unless thecontextin which the phase is used clearly means otherwise. Shop Drawings:All drawings,diagrams,illustrations,brochures,schedules and other data which are prepared by the CONTRACTOR,a Subcontraaor,manufaaurer,supplier,or distributor,and which illustrate the equipment, material orsomeportionoftheworkandas required bythe Contraa Documents. Samples:Physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work willbejudged. Specifications:Those portions oftheContraa Documents consisting ofwritten technical descriptions of materials,equipment,construaion systems,standards andworkmanshipas applied tothe Work. SubcontraaorAn individual,firm or corporation having adireacontraawithCONTRACTORorwith any other Subcontraaorfortheperformanceofapartofthe Work atthe construaion site. Substantial Completion:The date,as certified bythe CONSULTANT,whentheconstruaionoftheProjeaora certified part thereofis sufficiently completed,in accordance withtheContraa Documents,sothatthe Project,or a substantial part,canbeutilizedforthepurposesforwhichitwasintendedwithoutrestriaionor limitation to anydegree,otherthanfortherepairofminor"punchlist"items;oriftherebenosuch certification,thedate when final payment isduein accordance with paragraph 14.9.However,innoevent shall theprojeaorportion thereof,bedeemedtobe substantially completed until a certificate of occupancy or certificate ofuseis lawfully Thomas F.Pepe 12/10/2015 issued bythe applicable governmental agency.A certificate of Substantial Completion,issuedbythe CONSULTANT,shall be null and void ifitisbasedon false,misleading or inaccurate information,fromanysource, or when it would not have been issue but for the consideration of Work that is thereafter found to be defeaive to adegreegreaterthanthat which would normally tobeconsideredbytheCitytobeminor"punchlist"work. Supplier:Any person or organization who supplies materials or equipment fortheWork,including the fabrication ofanitem,butwhodoes not performlaboratthesiteofthe Work. Surety:The individual orentitywhoisanobligoronaBondandwhoisboundwiththeCONTRACTORforthe full and faithful performanceoftheContractandforthepaymentof all labor,servicesandmaterialsusedonthe projea. Work:Any and all obligations,duties and responsibilities necessary forthe successful performance and completion of the Contract Notice:Theterm "Notice"asusedhereinshallmeanandincludeallwrittennotices,demands,instruaions, claims,approvals and disapprovals required to obtain compliance with Contraa requirements.Writtennotice shall bedeemedto have been duly servedif delivered inpersontothe individual ortoamemberofthe firm orto an officer ofthe corporation for whom itis intended,ortoan authorized representative of such individual,firm,or corporation,or ifdeliveredat or sentbyregistered mail tothelastknownbusinessaddress.Unless otherwise stated in writing,any notice toor demand upon the OWNER under this Contraa shall be delivered tothe City Managerand the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject anyandallBids,atitssole discretion.Bids shall be awarded by the CITY tothe lowest responsive and responsible Bidder.No Notice of Award shall be given until the CITY has concluded its investigation,asit deems necessary,to establish,tothe satisfaction ofthe CITY, which Bidder isthemost responsive and responsible of all the Bidders to complete theWork within the time prescribed and in accordance with theContraa Documents.The CITY reserves the right torejea the Bid of any Bidder who is not believed to be,in the sole discretion and satisfaction ofthe City,tobe sufficiently responsible,qualified and financial able to perform the work.In analyzing a Bid,the CITY may also take into consideration alternate and unit prices,if requested by the Bid forms.If theContraa is awarded,the CITY shall issue theNoticeof Award and give the successful Bidder a Contraa for execution within ninety(90)dayafteropeningof Bids. Execution of Contract: 2.2 At least four counterparts ofthe Contract,the Performance and Payment Bond,the Certificates of Insurance,the Binder ofInsurance if issued,the Insurance Declaration Page if not included in the Policy of Insurance,the Policy of Insurance required by the Contraa Documents,the written notice of designated supervisor or superintendent asprovidedinSection 6.1 oftheGeneral Conditions andsuch other Documents as required by the Contraa Documents shall be executed and delivered by CONTRACTOR tothe CITY within ten (10)calendar days of receipt ofthe Notice of Award.AContract Document that requires the signature ofa party may be executed in counterparts separately by each ofthe parties and,in such event,each counterpart separately executed shall,without proof or accounting for theother counterpart bedeemedan original Contraa Document Forfeiture of Bid Security/Performance and Payment Bond,if any are required by the applicable RFP: 2.3 Within ten (10)calendar days of being notified ofthe Award,CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions ofthe Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%)of the Contraa Price guaranteeing toOWNERthe completion and performance oftheWorkcoveredinsuch Contraa as well as full payment ofall suppliers,material man,laborers,or Subcontractor employed pursuant to this Projea.Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4,2.3.5,and2.3.6. 2.3.2 Each Bond shall continue in effea for five years after final completion and acceptance ofthe Work with the liability equal toone hundred percent (100%)oftheContraa Sum. 2.3.3 Pursuant tothe requirements of Section 255.05(I),Florida Statutes,CONTRACTOR shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. Thomas F.Pepe 12/10/2015 2.3.4 Each Bond must be executed bya surety company authorized to do business in the State of Florida as a surety,having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5)years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570,current revisions. 2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A.VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract,and deliver the required bondsand Insurance documents shall be cause fortheCITYto annul theNoticeofAwardand declare the Bid and anysecuritytherefore forfeited. Contraaor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with,and assumes full responsibility for having familiarized itself with the nature and extent of the Contraa Documents,Work,locality,and with all local conditions and federal,state and local laws,ordinance,rules and regulations that may in any manner affea performance ofthe Work,and represents that it has correlated its study and observations with the requirements ofthe Contraa Documents.CONTRACTOR also represents that it has studied all surveys and investigations,reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance ofthe Work refleaed inthe Contraa Documentsandthathehascorrelatedtheresultsof all such data with the requirements ofthe Contraa Documents. Commencement of Contraa Time: 2.5 The Contraa Time shall commence to runon the datestatedin the Notice to Proceed. Starting the Project 2.6 CONTRACTOR shall startto perform its obligations under theContraa Documents onthe date the Contraa Time commences to run.NoWork shall be done atthesite (as defined in Article I),prior to the date on which theContraaTime commences to run,exceptwiththe written consentofthe CITY. BeforeStarting Construaion: 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 atoncereportin writing toCONSULTANTanyconflicterror,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 ofits failure to discover any conflict,error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entided to any compensation for any harm,damage orloss suffered bytheCONTRACTORdueto any conflict,error, ordiscrepancyin the Contraa Documents. Schedule of Completion: 2.8Within Five (5)business days after delivery oftheNoticeto Proceed byCITYtoCONTRACTOR, CONTRACTOR shall submittoCONSULTANTfor 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 thereto withinseven(7)calendar daysofits submittal.Ifthereismorethanone CONTRACTOR involved inthe Project,the responsibility for coordinating the Work of all CONTRACTORS shall be providedin the Special Conditions. 2.9Within five (5)business days after delivery oftheexecuted Contraa byCITYto CONTRACTOR,but beforestartingthe Work atthesite,a pre-construaion conference shall beheldtoreviewtheabove schedules,to establish proceduresfor handling Shop Drawings and other submissions,andfor processing Applications for Payment,and to establish aworking understanding betweenthe parties astothe ProjectPresentattheconference will betheCITY'S representative,CONSULTANT,ResidentProjea Representatives,CONTRACTOR anditsSuperintendent Qualifications of Subcontractors.Material men and Suppliers: Thomas F.Pepe 12/10/2015 2.10 Within five (5)businessdaysafterbidopening,theapparentlowestresponsiveandresponsibleBidder shallsubmit to theCITYand the CONSULTANTforacceptancealistofthenamesof Subcontraaors andsuch other personsandorganizations (including thosewhoaretofurnishprincipalitemsofmaterials or equipment)proposedfor those portionsofthe Work astowhichtheidentityof Subcontraaors and other personsandorganizationsmustbesubmittedasspecifiedinthe Contraa Documents.Within thirty(30)calendardaysafter receiving the list,the CONSULTANT will notify theCONTRACTORin writingifeitherthe CITY or the CONSULTANT has reasonable objectiontoany Subcontraaor,person, or organization onsuchlist.The failure ofthe CITY orthe CONSULTANT tomake objeaion toany Subcontraaor,person,or organization onthelist within thirty(30)calendar days ofthereceipt shall constituteanacceptanceofsuch Subcontraaor,personor organization.Acceptanceofanysuch Subcontraaor,personor organization shall notconstituteawaiverofanyrightofthe CITY orthe CONSULTANT to rejea defeaive Work,material or equipment,or any Work,material or equipment notinconformancewith the requirements ofthe Contraa Documents. 2.11 If,priortothe Notice of Award,the CITY orthe CONSULTANT has reasonable objeaionto any Subcontraaor,personor organization listed,the apparent low Bidder may,priortoNoticeof Award, submitan acceptable substitutewithoutanincreaseinits bid price. 2.12 Theapparent silence ofthe Contraa Documents asto any detail,orthe apparent omission from themof a detailed description concerning any Worktobe done and materials tobe furnished,shall be regarded as meaning that only bestpraaicesareto prevail and only materials and workmanship ofthebest quality are to beusedinthe performance ofthe Work. ARTICLE 3-CORRELATION.INTERPRETATION AND BNTENT OF CONTRACT DOCUMENTS 3.1 It is the intent ofthe Specifications and Drawings to describe a complete Projeatobeconstruaed in accordance with the Contraa Documents.TheContraa Documents comprise theentireContraa between the OWNER and the CONTRACTOR.They may be altered only by a modification 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 a conflict,erroror discrepancy in the Contraa Documents,it shall,before proceeding with theWork affeaed thereby,immediately call ittothe CONSULTANT'S attention in writing.The various Contraa Documents are complementary;in case of conflict,erroror discrepancy,the more stringent interpretation and requirement that shall provide the maximum benefit to the Owner shall apply 3.3 The words "furnish"and "furnish and install","install",and "provide"or words with similar meaning shall be interpreted,unless otherwise specifically stated,to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which arenot specifically mentioned,but which are essential to produce a complete and properly operating installation,or usable struaure,providing the indicated funaions,shall be furnished and installed without change in theContraa Price.Such miscellaneous items and accessories shall be ofthe same quality standards,including material,style,finish,strength,class, weight and other applicable charaaeristics,as specified for the major component of which the miscellaneous item or accessory is an essential part,and shall be approved by the CONSULTANT before installation.The above requirement is not intended to include major components not covered by or inferable fromthe Drawings and Specifications. 3.5 The Work of all trades under this Contraa 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 orereaed in accordance with the best praaices ofthe particular trade. 3.6 The CONTRACTOR shall be responsible for making the construaion of habitable struaures under this Contraa rain proof,and for making equipment and utility installations properly perform the specified funaion.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 Manufaaurer's literature,when referenced,shall be dated and numbered and is intended to establish the minimum requirements acceptable.Whenever reference is given to codes,or standard specifications or other data published by regulating agencies or accepted organizations,including but not limited to National Elearical 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 istothe latest edition including addenda in effeaonthedateofthe Bid. Thomas F.Pepe 12/10/2015 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 conneaion with brand names,shall be interpreted to mean a material or produa that is similar and equal in type,quality,size,capacity,composition,finish,color and other applicable characteristics tothe material or produa specified by trade name,and that is suitable for the same use capable of performing the same funaion,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,orother 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 asset forth in Seaion 9.3 below. 3.11 The CONTRACTOR shall have advised the CONSULTANT,prior to performing any work involving a confliainthe Contraa Documents and the CONSULTANT shall make the final decision asto which of the documents shall take precedence.In the event that there is a conflia between or among the Contraa Documents,only the latest version shall apply and the latest version oftheContraa Documents.The CONSULTANT shall use the following list ofContraa Documents as a guide.These documents areset forth below in theorderof their precedence sothat ail the documents listed above a given documentshouldhaveprecedenceover all the documents listedbelow it (a)Change Orders (b)Amendments/addenda to Contraa (c)Supplementary Conditions,if any (d)Contraa withallExhibits thereto (e)General Conditions (f)Writtenor figured dimensions (g)Scaleddimensions (h)Drawings ofalargerscale (i)Drawingsofasmallerscale (j)Drawings and Specifications aretobe considered complementary to each other ARTICLE 4-AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability ofLands: 4.1 The OWNER shall furnish,as indicated intheContraa Documents,the lands upon which theWorkisto bedone,rights-of-way for access thereto,and such other lands which are designed fortheuseofthe CONTRACTOR.Easements for permanent struauresor permanent changes in existing facilities will be obtained and paid forbythe OWNER,unless otherwise specified inthe Contraa Documents.Other access to such lands or rights-of-way forthe CONTRACTOR'S convenience shall bethe responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access theretothat may be required for temporary construction facilities or storage ofmaterialand equipment 4.2The CITY will,upon request furnish tothe Bidders,copies of all available boundary surveys and subsurface tests at no cost Subsurface Conditions: 4.3The CONTRACTOR acknowledges thathehas investigated priorto bidding and satisfied himself asto the conditions affecting theWork,including butnot limited tothose bearing upontransportation, disposal,handling andstorageof materials,availability of labor,water,elearicpower,roadsand uncertainties ofweather,river stages,tides,water tables or similar physical conditions atthesite,the conformation and conditions ofthe ground,thecharaaerof equipment and facilities needed preliminary toand during prosecutionoftheWork.The CONTRACTOR further acknowledges thathehas satisfied himself astothe charaaer,quality andquantityof surface andsubsurfacematerials or obstaclestobe encountered insofar asthis information is reasonably ascertainable froman inspection ofthesite, including all exploratoryworkdonebythe OWNER/CONSULTANT onthesiteorany contiguous site, as well asfrom information presentedbythe Drawings and Specifications madepartofthisContract,or anyother information made available toitpriortoreceiptof bids.Any failure bythe CONTRACTOR to acquaint itself withthe available information shall not relieve itfrom responsibility for estimating properly the difficulty orcostof successfully performing Work.The OWNER assumes no responsibility for any Thomas F.Pepe 12/10/2015 conclusions orinterpretationsmadebythe CONTRACTOR onthe basis ofthe information made availablebythe OWNER/CONSULTANT. DifferingSite Conditions: 4.4TheCONTRACTORshallwithinforty-eight(48)hoursofitsdiscovery,andbeforesuchconditionsare disturbed,notify the CITYinwriting,of: 4.4.1 Subsurface or latent physical conditionsatthesite differing materially fromthoseindicatedinthe Contraa Documents,and 4.4.2Unknown physical conditionsatthesite,ofanunusualnature,differing materially from those ordinarily encountered andgenerallyinherentin Work ofthe charaaer providedforinthis Contract The CITYshall promptly investigate the conditions,andifitfinds that such conditions domateriallydiffertothe extent astocauseanincrease or decrease inthe CONTRACTOR'S cost of,or thetime required for,performance ofany part of the Work under this Contract,an equitable adjustment shallbemadeandthe Contraa modifiedin writing accordingly. 4.5Noclaimof the CONTRACTOR under thisclauseshallbeallowedunless the CONTRACTOR hasgiven the noticerequiredin4.4above;provided,however,the timeprescribed therefore maybe extended by the CITY,butonlyifdoneinwritingsignedbytheCityManager or theCONSULTANT. ARTICLE 5 -INSURANCE Contraaor shallcomplywith the insurance requirements setforthinthe Supplementary Conditions to the Contract ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervisionand Superintendence: 6.1 The CONTRACTOR shall supervise and direa theWork.It shall besolely responsible forthe means, methods,techniques,sequences and procedures ofconstruaion.The CONTRACTOR shall employ and maintain a qualified supervisororsuperintendent(hereinafterreferredtoas "Supervisor"attheWork sitewho shall bedesignatedinwritingbytheCONTRACTOR,before the CONTRACTORcommences theWorkand within thetime required bytheContractasthe CONTRACTOR'S representative atthe site.The Supervisor orso designated shall have full authorityto aa onbehalfofthe CONTRACTOR and all communications given tothe Supervisor shall beas binding asif given tothe CONTRACTOR.The Supervisor(s)shall bepresentat each siteat all times as required to perform adequate supervision and coordination oftheWork.(Copies ofwritten communications given tothe Supervisor shall be mailed to theCONTRACTOR'Shome office). 6.1.1 The CONTRACTOR shall keepone record copy of all Specifications,Drawings,Addenda, Modifications and Shop Drawings atthesiteat all times and in goodorder and annotated to show all changes madeduringthe construaion process.These shall be available tothe CONSULTANT and any CITY Representative at all reasonable times.Asetof "As-Built"drawings,as well asthe original Specifications,Drawings,Addenda,Modifications andShop Drawings with annotations, shall be made available tothe City at all times andit shall be delivered tothe CITY upon completion of the Project Labor.Materialsand Equipment 6.2 The CONTRACTOR shall provide competent suitably qualified personnel to lay outtheWork and perform construaion as required by theContraa Documents.It shall at all times maintain good disciplineand order at the site. 6.3 The CONTRACTOR shall furnish all materials,equipment labor,transportation,construaion 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 theContraa 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 tothe site in their original packages or containers withseals unbroken andlabels intact 6.5 All materials and equipment shall be applied,installed,conneaed,erected,used,cleaned and conditioned in accordance with the instructions ofthe applicable manufacturer,fabricator,or processors,except as otherwise providedin the Contract Documents. Work.Materials.EquipmentProductsandSubstitutions: Thomas F.Pepe 12/10/2015 6.6 Materials,equipment and products incorporated in the Work must be approved for use before being purchased bythe CONTRACTOR.The CONTRACTOR shall submit tothe CONSULTANT alistof 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 Contraa unless otherwise stipulated in the Special Conditions.No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material,article or piece of equipment is identified on the Drawings or Specifications byreferenceto brand nameor catalog number,it shall beunderstoodthatthisis referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities,quality and funaion shall be considered.The CONTRACTOR may recommend the substitution ofa material,article,or piece of equipment of equal substance and funaion for those referred to in the Contraa Documents by reference to brand name or catalog number,and if,in the opinion ofthe CONSULTANT,such material,article,or piece of equipment is of equal substance and function tothat specified,the CONSULTANT may approve its substitution and use bythe CONTRACTOR.Incidental changes orextra component parts required to accommodate thesubstitute will bemadebytheCONTRACTORwithouta change intheContraa Price orthe Contraa Time. 6.6.2 No substitute shall beorderedor installed withoutthewritten approval ofthe CONSULTANT who shall bethe judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall notbe considered justifiable grounds foran extension of construction time. 6.6.4 Should anyWork or materials,equipment or products notconformto requirements ofthe Drawings and Specifications orbecome damaged during the progress oftheWork,such Work or materials shall beremovedand replaced,togetherwithany Work disarranged bysuch alterations, atany time before completion andacceptanceoftheProjectAllsuch Work shall bedoneat the expense of the CONTRACTOR. 6.6.5No materials or supplies forthe Work shall be purchased by the CONTRACTOR orany Subcontraaor subjea toanychattel mortgage orundera conditional saleor other agreementby whichaninterestisretainedbythe Seller.The CONTRACTOR warrantsthattheyhavegood tide to all materialsandsuppliesusedby them inthe Work. 6.6.6Non-conforming Work:TheCityofSouth Miami maywithhold acceptance of,or rejea items whicharefounduponexamination,notto meet the specification requirementsorconformtothe plans and drawings.Upon written notificationofrejection,items shall beremovedor uninstalled withinfive(5)businessdaysbythe CONTRACTOR athisown expense andredeliveredand/or reinstalledathis expense.Rejected goodsleftlongerthan thirty (30)calendardays shall be regardedasabandonedand the CITY shall have the right to dispose of them asits own property and the CONTRACTOR thereby waivesanyclaim to the goodor to compensation of anykind forsaidgoods.Rejectionfornon-conformanceor failure to meet deliveryschedulesmayresultin the CONTRACTOR beingfoundindefault. 6.6.7 In case of defaultbythe CONTRACTOR,theCityofSouth Miami mayprocurethearticlesor servicesfrom other sources andholdthe CONTRACTOR responsible forany excess costs occasioned orincurred thereby. 6.6.8TheCITYreserves the right inthe event the CONTRACTOR cannotprovideanitem(s)or service(s)inatimelymannerasrequested,toobtainthegoodand/orservicesfrom other sources and deduaing the cost fromthe Contraa Price without violatingtheintentof the Contract Concerning Subcontraaors: 6.7 The CONTRACTOR shall not employ any Subcontraaor,against whom theCITYor the CONSULTANT mayhavereasonable objeaion,norwillthe CONTRACTOR berequiredtoemployany Subcontractor who hasbeen accepted by the CITYandthe CONSULTANT,unless the CONSULTANT determines that there isgoodcausefordoingso. 6.8 The CONTRACTOR shall befullyresponsiblefor all actsandomissionsofits Subcontraaors andof personsand organizations direaly or indirealy employedbyitandofpersonsand organizations for whose actsany of themmaybe liable tothesame extent thattheyareresponsiblefor the actsand omissionsofpersons direaly employedbythem.Nothinginthe Contraa Documents shall createany contraauai relationship between OWNER or CONSULTANT andany Subcontraaor or other personor organizationhavinga direa contraa with CONTRACTOR,nor shall itcreateanyobligationonthepart of OWNER or CONSULTANT to payortoseetopaymentofany subcontraaor or other personor Thomas F.Pepe 12/10/2015 organization,except asmay otherwise berequiredbylaw.CITYor CONSULTANT may furnish to any Subcontractoror other personor organization,tothe extent practicable,evidence of amountspaid to the CONTRACTOR on account ofspecified Work doneinaccordancewiththeschedulevalues. 6.9The divisions andsections of the Specifications andtheidentificationsofany Drawings shall notcontrol theCONTRACTORin dividing the Work among Subcontraaorsor delineating the Work performedby anyspecific trade. 6.10 The CONTRACTOR agreestobind specifically every Subcontraaor tothe applicable termsand conditions of the Contraa Documents for the benefit of the OWNER. 6.11 All Work performedfortheCONTRACTORbyaSubcontraaor shall be pursuant toan appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall beresponsibleforthecoordination of the trades,Subcontraaors materialand menengaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions tobeinsertedin all subcontractsrelative tothe Work tobindSubcontraaorstothe CONTRACTOR bythetermsofthese General Conditions and other Contraa Documents insofar as applicable tothe Work ofSubcontraaors, and give the CONTRACTOR the same poweras regards to terminating anysubcontraathatthe OWNERmayexerciseovertheCONTRACTORunderany provisions oftheContraa Documents. 6.12.2 TheCITYorCONSULTANT will not undertake tosettleany differences betweenthe CONTRACTOR and their Subcontraaors or between Subcontraaors. 6.12.3 Ifinthe opinion ofthe CONSULTANT,any Subcontraaor onthe Projea proves tobe incompetentorotherwise unsatisfaaory,they shall bepromptly replaced bythe CONTRACTOR if and whendireaedbytheCONSULTANTin writing. 6.12A Discrimination:Noaaion shall be taken bythe any subcontraaor with regard tothe fulfilment ofthe termsofthe subcontract including the hiring and retention of employees for the performance ofWork that would discriminate against any person onthe basis of race,color,creed,religion,national origin,sex, age,sexual orientation,familial status or disability.This paragraph shall be made a part ofthe subcontraaor's contraa with the Contraaor. PatentFeesandRoyalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention,design,process or device which is the subjea of patent rights or copyrights held by others.He shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone direaly or indirealy employed by either of them from against all claims,damages,losses and expenses (including attorney's fees)arising outof any infringement of such rights during or after the completion ofthe Work,and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent and/or royalty rights as to any materials,appliances,articles or systems prior to bidding.However,he shall notbe responsible for such determination on systems which do not involve purchase by them of materials,appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construaion permits and licenses and shall pay for all governmental charges and inspeaion fees necessary for the prosecution oftheWork,which are applicable atthe time of his Bid.When such charges are normally made bythe CITY and when so stated inthe Special Conditions,there will beno charges tothe CONTRACTOR.TheCITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses.The CONTRACTOR shall also pay all public utility charges.. Electrical Powerand Lighting: 6.16 Electrical power required during construaion shall be provided by each prime CONTRACTOR as required by it This service shall be installed by a qualified elearical Contraaor approved by the CONSULTANT.Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship,for inspection or for safety.No temporary power shall be used off temporary lighting lines without specific approval ofthe CONTRACTOR. Lawsand Regulations: Thomas F.Pepe 12/10/2015 6.17 The CONTRACTOR shall comply with all notices,laws,ordinances,rules and regulations applicable to the Work.If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification.If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances,rules and regulations,and without such notice to the CONSULTANT, it shall bear all costs arising there from;however,it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations Discrimination: 6.17A No aaion shall be taken by the Contractor with regard to the fulfilment ofthe terms ofthe Contract including the hiring and retention of employees for the performance ofWorkthatwould discriminate against any person on the basis of race,color,creed,religion,national origin,sex,age,sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales,consumer use,and other taxes for which the CONTRACTOR is liable under the Contraa shall be included in the Contraa Price stated by the CONTRACTOR. SafetyandProtection: 6.19 The CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 6.19.1 All employees and other persons,who may be affeaed thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the site,and 6.19.3 Other property atthe site or adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,struaures and utilities not designated for removal,relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall bethe prevention of accidents.This person shall bethe CONTRACTOR'S Superintendent unless otherwise designated inwritingbythe CONTRACTOR tothe CITY. Emergencies: 6.21 In emergencies affeaing the safety of persons ortheWorkor property atthe site or adjacent thereto, the CONTRACTOR,without special instruction or authorization from the CONSULTANT or CITY,is obligated toactat his discretion,to prevent threatened damage,injury or loss.He shall give the CONSULTANT prompt written notice of any significant changes in theWorkor deviations from the Contraa Documents caused thereby.If the CONTRACTOR believes that additional Work done by him inanemergencywhicharosefromcausesbeyondhiscontrolentitleshimtoanincreaseinthe Contraa Price or an extension oftheContraa Time,he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.22Aftercheckingand verifying all field measurements,the CONTRACTOR shall submittothe CONSULTANT for review,in accordance with the accepted schedule of shop drawing submissions,six (6)copies (oratthe CONSULTANT option,one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval ofthe CONTRACTOR.The Shop Drawings shall be numbered and identified as the CONSULTANT may require.The data shown onthe Shop Drawings shall becompletewithrespectto dimensions,design criteria,materials ofconstruaion and theliketo enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit tothe CONSULTANT for review,with such promptness as to cause no delay inWork,all samples required bythe Contraa Documents. All samples shall have been checked by and stamped withthe approval ofthe CONTRACTOR,identified clearly asto material,manufaaurer,any pertinent catalog numbers and theuse for which intended. 6.24 Atthetimeof each submission,the CONTRACTOR shall notify the CONSULTANT,in writing,of any deviations betweentheShop Drawings or samples and the requirements oftheContraa Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples,but his review shall beonlyfor conformance withthe design conceptofthe Project and for compliance withthe information given in theContract Documents.The review ofa separate itemas such will not indicate Thomas F.Pepe 12/10/2015 review ofthe assembly in which the items funaions.The CONTRACTOR shall make any correaions required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfaaory tothe CONSULTANT.The CONTRACTOR shall notify the CONSULTANT,in writing,ofany prior Shop Drawing or revisions to Shop Drawings that are in conflia with each submission or re-submission.The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation tothe CITY and the CONSULTANT thatthe CONTRACTOR has either determined and/or verified all quantities,dimension, field construaion criteria,materials,catalog numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contraa Documents. 6.26 No Work requiring a submittal ofa Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT.Acopy ofeach Shop Drawing and each approved sample shall be kept in good order,in a book or binder,in chronological orderor in such other order required by the CONSULTANT in writing,by the CONTRACTOR atthesite and shall be available to the CONSULTANT. 6.27 The CONSULTANTS review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements oftheContraa Documents unless the CONTRACTOR has informed the CONSULTANT,in writing,to each deviation atthe time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in theShop Drawings or samples. 6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due toerrorsintheShop Drawings or samples. CleaningUp: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses.Upon completion of the Work,and before acceptance of final payment for the Projea by the OWNER,the CONTRACTOR shall remove all his surplus and discarded materials,excavated material and rubbish as well as all other material and equipment that does not form a part of the Work,from the property,roadways,sidewalks,parking areas,lawn and all adjacent property.In addition,the CONTRACTOR shall clean his portion of Work involved in any building under this Contract so that no further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property,both public and private,which has been disturbed or damaged during the prosecution ofthe Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site,the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge thecosttothe CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall,at all times,condua the Work in such a manner as to insure the least practicable obstruaion to public travel.The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfaaory manner,consistent with the operation and local conditions."Street Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required to be closed,the CONTRACTOR shall notify law enforcement agencies and in particular,the City of South Miami Police Department before the street is closed and again as soon as it is opened.Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. SanitaryProvisions: 6.31 The CONTRACTOR shall provide on-site office,and necessary toilet facilities,secluded from public observation,for use of all personnel on the Work Site,whether or not in his employ.They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiaion.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 Contraaor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). Thomas F.Pepe 12/10/2015 6.33 In the event that any aaion 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 aaions of every name and description that may be brought against OWNER or CONSULTANT,excluding only those claims that allege that the injuries arose out ofthe solenegligence of OWNER or CONSULTANT. 6.34 The obligations ofthe 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 direaions or instructions by the CONSULTANT,its agents or employees provided such aaor omission isthe primary cause of injury or damage. 6.34A All ofthe forgoing indemnification provisions shall survive the term ofthe Contraa to which these General Conditions are a part.Indemnification shall not exceed an amount equal tothe total value of all insurance coverage required by Section 5.1 ofthis document Indemnification is limited to damages caused in whole or in part by any act omission,or default ofthe Contraaor,the Contraaor's subcontraaors, sub-subcontraaors,materialmen,or agents ofany tier or their respeaive employees to the extent caused by the negligence,recklessness,or intentional wrongful miscondua ofthe indemnifying party and persons employed or utilized bythe indemnifying party in the performance ofthe construaion contract Responsibility forConneaionto Existing Work: 6.35 It shall be the responsibility ofthe CONTRACTOR to connea its Work to each part of the existing Work,existing building or struaure orWork previously installed as required by the Drawings and Specifications to provide acomplete installation. 6.36 Excavations,grading,fill,storm drainage,paving and any other construaion or installations in rights-of- ways of streets,highways,public carrier lines,utility lines,either aerial,surface or subsurface,etc.,shall be done in accordance with requirements of the special conditions.The OWNER will be responsible for obtaining all permits necessary for theWork described in this paragraph 6.36.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate,from the proper authorities,stating thattheWork has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining aaion from any utilities or public authorities involved intheabove requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters,pavement storm drainage struaures,and other items which mustbe established by governmental departments as soon as grading operations are begun on the site and,in any case,sufficiendy early in the construction period to prevent any adverse effeaonthe Project CooperationwithGovernmental Departments.Public Utilities.Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations (hereinafter referred to as "third parties")owning or controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,and telegraph facilities such as pavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,includingincidental struaures conneaed therewith,thatare encountered inthe Work inorder that suchitemsareproperlyshored,supported and proteaed,thattheir location is identified andto obtain authorityfrom these third parties for relocation ifthe CONTRACTOR desirestorelocatetheitem.The CONTRACTOR shall give all proper notices,shall comply with all requirements of such third parties in the performance of his Work,shall permit entrance of such third parties onthe 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 TheCONTRACTOR'S attention is called tothe fact thattheremaybe delays ontheProjeadue toworktobedoneby governmental departments,public utilities,and othersin repairing or moving poles,conduits,etc.The CONTRACTOR shall cooperate withthe above parties in every way possible,sothattheconstruaion can be completed inthe least possible time. 6.37.2The CONTRACTOR shall havemadeitself familiar with all codes,laws,ordinances,and regulations whichinany manner affect those engaged oremployedintheWork,or materials and equipmentuseinorupontheWork,orinanywayaffeathe condua ofthe Work,and no plea of misunderstanding will be considered on account of damage or delay caused byhis ignorance thereof. Thomas F.Pepe 12/10/2015 Use Premises: 6.38 CONTRACTOR shallconfineitsapparatus,storage ofmaterials,and operations ofits workmen to the limitsindicatedbylaw,ordinances,permits and direaions of CONSULTANT andCITY,andshall not unnecessarily encumber any part of the site or anyareasoffsite. 6.38.1 CONTRACTOR shall not overload or permit anypartofany struaure to beloadedwithsuch weightaswill endanger itssafety,nor shallit subjea any work to stresses or pressures that will endanger it 6.38.2 CONTRACTOR shall enforce therulesandregulation promulgated by the CONSULTANT and OWNERaswellas their instruaions withregardto signs,advertisements,firesand smoking. 6.38.3CONTRACTORshallarrangeand cooperate with CITY inroutingandparkingofautomobilesof itsemployees,subcontraaors and other personnel,aswellas that ofthematerialdelivery trucks and other vehicles that come to the Projea site. 6.38.4TheCity will designatespecificareasonthesiteforstorage,parking,etc.andthejobsiteshallbe fencedto protea the jobsiteandthegeneral public. 6.38.5TheCONTRACTORshallfurnish,install and maintain adequate construaion office facilities forall workers employedbyitorbyits Subcontraaors.Temporary offices shall beprovidedand located where direaed andapprovedbytheCONSULTANT.Allsuchfacilitiesshallbefurnished in stria accordancewithexistinggoverning regulations.Fieldoffices shall include telephone facilities. Protection ofExisting Property Improvements: 6.38 Any existing surface or subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities, footings,or struaures (including portions thereof),treesand shrubbery,not indicated onthe Drawings ornotedinthe Specifications as being removed oraltered shall be proteaed from damage during construaion ofthe Project Anysuch improvements damaged during construaion ofthe Projea shall berestoredattheexpenseofthe CONTRACTOR toa condition equal tothat existing atthetimeof award of Contract ARTICLE 7 -WORK BY OTHERS. 7.1 The CITY may perform additional WorkrelatedtotheProjeaor may letother direa contractstherefor whichshall contain General Conditions similar to these.The CONTRACTOR shall afford the other contraaors whoare parties to such direa contracts(orthe OWNER,ifitis performing the additional Work itself),reasonable opportunity forthe introduaion and storage of materials and equipment and the executionof Work,andshallproperly connea and coordinate its Work withtheirs. 7.2 If any part ofthe CONTRACTOR'S Work depends upon proper execution or results ofthe Work of any other contraaor orthe OWNER,the CONTRACTOR shall prompdy reporttothe CONSULTANT in writingany defects or deficienciesinsuch Work that render itunsuitablefor the CONTRACTOR'S Work. 7.3 The CONTRACTOR shall do all cutting,fitting and patching oftheWorkthat may be required to make its several partscometogether properly and fitto receive orbe received by such otherWork.The CONTRACTOR shall not endanger any Work of others by cutting,excavating or otherwise altering their Work andshallonlycut or alter their Work withthewritten consent oftheCONSULTANTandofthe other contraaor whose work will be affeaed. 7.4Ifthe performance of additional Workbyother contraaors ortheOWNERisnotnotedintheContract Documents prior tothe execution oftheContract written notice thereofshall be given tothe CONTRACTOR priortostartinganysuch additional Work.Ifthe CONTRACTOR believes thatthe performance ofsuch additional WorkbytheOWNERorothers will causethe CONTRACTOR additional expense or entides him to an extension oftheContraa Time,he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where praaicable,the CONTRACTOR shall build around the work of other separate contraaors or shall leave chases,slots and holes as required to receive and to conceal within the general construaion Worktheworkof such other separate contraaorsas directed by them.Where such chases,slots,etc., are impracticable,theWork shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases,slots,and holes not built or left by the CONTRACTOR shall be cut by the separate contraaor requiringsuch alterations afterapprovaloftheCONTRACTOR.TheCONTRACTORshall do all patching and finishing of the work of other contraaors where it is cut by them and such patching and finishing shall beattheexpenseofCONTRACTOR Thomas F.Pepe 12/10/2015 7.7 Cooperation is required in the use ofsite facilities and in the detailed execution ofthe Work.Each contractor shall coordinate their operation with those oftheotherContraaorsforthebestinterestof theWorkinorderto prevent delay in the execution thereof. 7.8 Each of several contraaors working on the Projea Site shall keep themselves informed of the progress of the work of other contraaors.Should lack of progress or defeaive workmanship on the part ofother contraaors interfere with the CONTRACTOR'S operations,the CONTRACTOR shall notify the CONSULTANT immediately and in writing.Lack of such notice tothe CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contraaors as being satisfaaoryforpropercoordinationof CONTRACTOR'S ownWork. 7.9 The cost of extra Work resulting from lack of notice,untimely notice,failure to respond to notice, DefeaiveWorkor lack of coordination shall bethe CONTRACTOR'S cost 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deducting the cost from theContraa Price without violating the intent oftheContract ARTICLE 8-CITY'S RESPONSIBILITIES. 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases oftermination ofemployment of the CONSULTANT,the CITY will appoint a CONSULTANT whosestatusunderthe Contraa Documents shall bethatoftheformer CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under theContraa Documents. 8.4 The CITY'S duties in respea to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession ofand use any completed or partially completed portions ofthe Work,notwithstanding thefaa that the time for completing the entire Work or any portion thereof may not have expired;but such taking possession and use shall notbe deemed an acceptanceofany Work notcompletedinaccordancewiththe Contraa Documents. ARTICLE 9 -CONSULTANTS'STATUS DURflNG CQNSTRUCTBQN. City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construaion period.The duties and responsibilities and the limitations of authority ofthe CONSULTANT as the CITY'S representative during construaion aresetforthinArticles I through 16 oftheseGeneralConditionsand shall notbeextended without written consent of the CITYand the CONSULTANT. 9.1.1 The CONSULTANTS decision,in matters relating to aesthetics,shall be final,ifwithin theterms of the Contraa Documents. 9.1.2 Except as may be otherwise provided in this contract ail claims,counterclaims,disputes and other mattersin question between the CITY andthe CONSULTANT arising outofor relating tothis Contraa orthe breach thereof,shall be decided in acourtof competent jurisdiaion within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspeaorto make periodic visits tothesiteat each phase of construaion toobservetheprogressandqualityoftheexecuted Work andto determine ifthe Work is proceeding in accordance with the Contraa Documents.His efforts shall be direaed toward providing assurance forthe OWNER and all applicable regulatory agencies that construction isin compliance with the Construaion Documents and applicable laws,rules and regulations.Onthe basis oftheseonsite- observations asan experienced and qualified design professional,he shall keep the CITY informed ofthe progressoftheWorkand shall guardtheOWNER against defectsand deficiencies intheWorkof CONTRACTOR. Clarifications andInterpretations: 9.3 The CONSULTANT shall issue,with reasonable promptness,such written clarifications or interpretations ofthe Contraa Documents (in the form of Drawings or otherwise)asit may determine necessary,which shall beconsistentwith,orreasonablyinferablefrom,theoverallintentofthe Contraa Documents.If the CONTRACTOR seeks an increase in the Contraa Price or extension of Contraa Time based on a written clarification and/or interpretation,it shall be required tosubmita timely claim as provided in Articles 11 and 12. Measurement of Quantities: Thomas F.Pepe 12/10/2015 9.4 All Work completed under the Contraa shallbemeasuredbytheCONSULTANTaccording to the UnitedStatesStandardMeasures.All linearsurfacemeasurementsshallbemadehorizontally or vertically as required by the item measured. Rejeaing Defeaive Work: 9.5TheCONSULTANTshallhaveauthoritytodisapprove or rejea Work that is "Defeaive Work"as definedinArticle I.It shall alsohaveauthoritytorequire special inspeaionortestingofthe Work including Work fabricatedon or offsite,installed orcompletedasprovided.In theeventthatthe CONSULTANT requirestestingofcompletedWork,thecostof such inspeaionsand/ortesting shall be approvedinwritingbythe CITY.All consequential costofsuch inspections andtesting,including butnot limited tothecostoftestingandinspeaion,thecostof repairing anyoftheWork,ortheworkofothers, thecostto move furnitureand equipment and/orthecostto provide alternative facilities until therepair work canbecompleted,shallpaidbytheCONTRACTORifthe Work isfoundtobe Defeaive Work. Shop Drawings.Change Orders and Payments: 9.6 In conneaion with the CONSULTANT responsibility asto Shop Drawings and samples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In conneaion with the CONSULTANTS responsibility for Change Orderssee Articles 10,11,and 12. 9.8 In conneaion with the CONSULTANT responsibilities with respeatothe Application for Payment etc., see Article 14. DecisionsonDisagreements: 9.10 The CONSULTANT shall bethe initial interpreteroftheConstruaion Documents. Limitations onConsultant's Responsibilities: 9.11 The CONSULTANT will notbe responsible for the construaion means,methods,techniques,sequences orprocedures,orthesafetyprecautionsand programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions ofthe CONTRACTOR,or any Subcontraaors,or any of their agent servants or employees,or any other person performing any ofthe Work under or through them. ARTICLE 10 -CHANGES IN THE WORK. 10.1 Without invalidating theContractthe CITY may,at any time or from time to time,order additions, deletions or revisions in orto the Work which shall only be authorized by a written Change Orders.Upon receipt ofa Change Order,the CONTRACTOR shall proceed with the Work involved.All such Work shall be performed under the applicable conditions oftheContraa Documents.If any authorized written Change Order causes an increase ordecreaseinthe Contraa Price or an extension or shortening ofthe Contract Time,an equitable adjustment will be made as provided in Article 11 or Article 12.A written Change Order signed by the CITY and the CONTRACTOR indicates their agreement to the terms ofthe Change Order.All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value ofthe change in the Work as well astoany change inthetimetocompletetheWorkunderthe circumstances.The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver ofany extension of time due tothe 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 andnot inconsistent with the overall intentofthe Contraa Documents withoutthe need fora formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation.These may be accomplished by a written Field Order.Ifthe CONTRACTOR believes that any change or alteration authorized bythe CONSULTANT'S Field Order would entitles the CONTRACTOR to an increase in theContraa Price or extension ofContraa Time,it must submit a written notice of intent 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 shallbedeemedtohavewaivedsuch claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entide itto 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. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work,to be performed as provided in paragraph 4.4,and Work performed in an emergency as Thomas F.Pepe 12/10/2015 provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contraa Time ortheContraa 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 of adjustment in the Bond amount and any such delay shall be chargedto the CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE 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. 11.2 The CITY may,at any time,without written notice to the sureties,by written order designated or indicated to be a Change Order,make any change in the Work within the general scope of the Contract including butnot limited to changes toor in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or mannerof performance oftheWork. 11.2.3 CITY-furnished facilities,equipment materials,services,or site;or 11.2.4 Acceleration intheperformanceoftheWork. 11.3 Except as provided in this seaion,or sections referred to in this section,no order,statementorcondua ofthe CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order,orasotherwise provided inanothersectionofthe Contraa Documents. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing,the CONTRACTOR shall perform the Work even ifthe CONTRACTOR does not agree with the dollar amountofthe Change Order.Ifany Change Order causes an increase or decrease in the CONTRACTOR'S cost of,orthetime required for,the performance of any partoftheWork under this Contract for which the CITY and the CONTRACTOR cannot reach a timely agreement an equitable adjustment based onthecostoftheWork shall be made and theContraa modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT,it shall,within ten (10)calendar days after receipt ofa written Change Order,submit tothe CITY and CONSULTANT a written notice including a statement setting forththe general natureand monetary extentof such claim for equitable adjustmenttime extension requestedandsupportingdata.In determining thecostofthe Change Order,thecosts shall be limited to those listed in seaion 11.7 and 11.8. 11.6 No claim bythe CONTRACTOR foran equitable adjustment hereunder shall be allowed ifnot submitted in accordance withthissectionorifassertedafter final paymentunderthis Contraa. 11.7 The value ofanyWork covered bya Change Orderorof any claim foran increase ordecrease in the Contraa Price shall be determined in oneofthe following ways: 11.7.1 By negotiated lumpsum. 11.7.2 Onthe basis ofthe reasonable cost and savings that results from the change in theWork plus a mutually agreeduponfeetothe CONTRACTOR tocoveroverheadandprofitnottoexceed 15%.IftheCONTRACTORdisagreeswiththe CONSULTANTS determinationofreasonable costs,theCONTRACT shall providealistof all coststogetherwith backup documentation 11.8 ThetermcostoftheWork means thesumof all direa extracosts necessarily incurred and paid bythe CONTRACTOR intheproper performance ofthe Change Order.Except as otherwise may be agreed toin writing by CITY,suchcosts shall bein amounts no higher thanthose prevailing in Miami-Dade Countyand shall include onlythe following items: 11.8.1 Payroll costsfor employees inthedirectemployof CONTRACTOR intheperformanceofthe Workdescribedinthe Change Orderunder schedules ofjob classifications agreeduponby CITY and CONTRACTOR.Payroll costsfor employees not employed full timeontheWork shall be apportionedonthe basis oftheirtimespentontheWork.Payroll costs shall belimitedto: salaries and wages,plusthecostsof fringe benefits which shall include social security contributions,unemploymentexciseand payroll taxes,workers'compensation,healthand retirement benefits,sickleave,vacationand holiday pay applicable thereto.Such employees shall include superintendentsandforemenatthesite.Theexpensesof performing Work after regular working hours,on Sunday or legal holidays shall be included intheabove only if authorized by Thomas F.Pepe 12/10/2015 CITYandprovideditwas not inanyway,whether in whole orinpartthe result of the faultof the CONTRACTOR due to negligenceof the CONTRACTOR or those actingbyorthroughhimor duein whole orinpart to Defeaive Work of the CONTRACTOR. 11.8.2 Cost of allmaterialsand equipment furnishedand incorporated in the Work,including costs of transportation and storage,and manufaaurers''field services required in conneaion therewith.The CONTRACTOR shall notifytheCITYofallcashdiscounts that are available and offer the CITYthe opportunity to deposit fundswith the CONTRACTOR for the payment for items that offer a discount Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timelynotify the CITYofthediscountsorifthe OWNER depositsfunds with CONTRACTOR withwhichtomakepaymentsinwhichcasesthecashdiscounts shall accrue to the OWNER.All trade discounts,rebates and refunds,andall returns from sale of surplusmaterialsand equipment shall accrue to OWNER,and CONTRACTOR shallmake provisionsso that they maybeobtained. 11.8.3 Payments madeby CONTRACTOR totheSubcontraaorsfor Work performedby Subcontraaors.IfrequiredbyCITY,CONTRACTOR shall obtaincompetitivebidsfrom Subcontraaors acceptabletohimand shall deliversuchbids to CITYwhowillthen determine, withtheadviceofthe CONSULTANT,which Bids will beaccepted.No subcontraa shall bea cost plus contraa unless approved inwritingbytheCITY.IfaSubcontraaprovidesthatthe Subcontraaor istobe paid onthe basis ofCostof Work plusafee,thecostofthe Work shall be determined in accordance this section 11.8 andinsuch case the word "Subcontraaor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construaion equipment and machinery,except hand tools,and the parts thereof whetherrented from CONTRACTORorothersin accordance with rental agreements approved by CITY withthe advice of CONSULTANT,and thecostsof transportation,loading, unloading,installation,dismanding and removal thereof -all inaccordancewithtermsof said rental agreements.The rental of any such equipment machinery or parts shall ceasewhenthe use thereof isnolongernecessaryforthe Work. 11.8.5 Sales,use or similar taxes related tothe Work,and for which CONTRACTOR is liable,imposed byanygovernmentalauthority. 11.8.6 Payments and fees for permits and licenses.Costs for permits and licenses mustbe shown as a separate item. 11.8.7 Thecostof utilities,fuel and sanitary facilities atthesite. 11.8.8 Minor expenses such as telegrams,long distance telephone calls,telephone service atthe site, expressageandsimilar petty cashitemsin conneaion with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work,nottoexceedtwopercent (2%)ofthe increase in theCostoftheWork. 11.9 The term CostoftheWork shall NOT include any ofthe following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers,executives,principals (of partnership and sole proprietorships),general managers,engineers,architects,estimators,lawyers, agents,expediters,timekeepers,clerks and other personnel employed by CONTRACTOR whether atthe site or in its principal ora branch office for general administration oftheWork and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office atthe site. 11.9.3 Any part of CONTRACTOR'S capital expenses,including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether ornot CONTRACTOR is required bythe Contraa Documents to purchase and maintain the same (except as otherwise providedin Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR,any Subcontraaor,or anyone direaly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to,the correction of defeaive work,disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs ofany kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price;orif none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). Thomas F.Pepe 12/10/2015 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in anet decrease in cost will bethe amount oftheaauainet decrease in costs calculated in thesame manner as provided in 11.8.When both additions and credits are involved in any one change,the net shall be computed to include overhead and profit identified separately,for both additions and credit provided however,the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIMEFOR COMPLETION.LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is ofthe essence to this contraa and the date of beginning and the time for completion of the Work are essential conditions ofthe Contract Therefore,the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion ofthe work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within theContraa Time.It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,thatthe Contraa Time forthe completion oftheWork described herein is a reasonable time,taking into consideration the average climatic and economic conditions and otherfaaors prevailing in the locality oftheWork.No extension of time shall be granted due conditions thatthe Contraaor knew ofor should have known of before bidding ontheprojeaordueto inclement weather, except as provided in seaion 12.7. 12.3 Ifthe CONTRACTOR shall fail to complete theWork within the Contraa Time,or extension oftime granted by the CITY,thenthe CONTRACTOR shall pay tothe OWNER the amount of liquidated damages as specified in the Contraa Documents for each calendar day afterthe scheduled datefor completion as adjusted bywritten Change Ordersthat extended the completion date. 12.3.1 These amounts arenot penalties butare liquidated damages incurred by the OWNER forits inability to obtain full useoftheProject 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 asa consequence of such delay,andboth parties desiring to obviate any question or disputeconcerningtheamountofsaiddamagesandthecostand effea ofthefailure of CONTRACTOR tocompletethe Contraa ontime.The above-stated liquidated damages shall apply separatelytoeachphaseofthe Projea for which atimefor completion is given. 12.3.2 CITY isauthorizedto dedua the liquidated damages from monies dueto CONTRACTOR forthe Work under this Contract 12.4 The Contraa Timemayonlybe changed byawritten Change Order.Any claim foranextensioninthe CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5)businessdaysoftheoccurrenceoftheevent giving risetothe claim andstatingthegeneralnature ofthe claim including supportingdata.All claimsforadjustmentin the Contraa Time shall beevaluated andrecommendedbythe CONSULTANT,with final approval bythe CITY'S representative.Anychange inthe Contraa Timeresultingfromanysuch claim shall beincorporatedinawrittenChange Order. 12.5 All time limits stated in the Contraa Documents are of the essence of the Contract 12.6 No claim fordelay shall beallowedbecauseof failure to furnish Drawings beforetheexpirationof fourteen (14)calendardaysafterdemandhasbeenmadeinwritingtothe CONSULTANT forsuch Drawings.Furthermore,there shall benomonetarycompensationforsuchdelayandthe CONTRACTOR'Ssoleremedyshallbeanextensionoftimefor the periodofdelay. 12.7 Extensions to the Contraa Timefordelayscausedbytheeffectsofinclement weather shallnotbe granted unless the weather wasunusualforSouthFloridaandcould not havebeenanticipated,the abnormal weather is documented by records fromthenational weather serviceand the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 NoDamagesforDelay:TheCONTRACTORagreesthatheshallnothaveanyclaimfordamagesdueto delayunlessthedelay exceeds 6months,whether individually or cumulatively,andthenthedamagesshall belimited to increased cost ofmaterials that were unanticipatedand that would not havebeen incurred butforthedelay.Other thanassetforthabove,theonlyremedyforanydelayshallbelimitedtoan extension oftimeas provided forin Seaion 12.4 whichshallbe the soleandexclusive remedy forsuch resultingdelay.Other thanas set forthabove,CONTRACTOR shallnotbe entided to anincreasein the Contraa Price or payment or compensationofanykindfromOWNERfor direct indirect consequential, impaa or other costs,expenses or damages,including butnotlimitedto,costsofacceleration or inefficiency,overhead or lostprofits,arisingbecauseof delay,disruption,interference or hindrancefrom anycause whatsoever,whether suchdelay,disruption,interference or hindrance be reasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable. Thomas F.Pepe 12/10/2015 12.9 TheCONTRACTORwaives all claims thatarenotpresentedtotheCityinwritingonorbeforethe 21 st dayfollowingthedateoftheeventuponwhichtheclaimisbased. 12.10 Dispute Resolution:Ifanydisputeconcerningaquestionof faa arisesunderthe Contract other than termination fordefault or convenience,the CONTRACTOR andthecity department responsibleforthe administrationofthe Contract shallmakeagoodfaithefforttoresolvethedispute.Ifthedispute cannot beresolvedby agreement thenthedepartmentwiththe advice oftheCityAttorneyandthe CONSULTANTshallruleonthedisputedissueandsendawrittencopyofitsdecisionto the CONTRACTOR.CONTRACTORshallcomplywithsuchdecisionandshallnotdelaythe project ARTICLE 13 -GUARANTEE. 13.1 The CONTRACTOR shallguaranteeand unconditionally warrant through either the manufaaurer or the CONTRACTOR direaly,allmaterialsandequipmentfurnishedand Work performedfor patent Defeaive Work foraperiodof one (I)yearfromthe date of Final Acceptance asindicatedinthe CONSULTANT Letter ofRecommendationofAcceptance,ifissued,the CertificateofOccupancy,if issued,or the Certificate of Completion,ifissuedbytheCity,whicheverisapplicableandif more than one isapplicable,the one that isissued last for patent Defeaive Work,.Thesame guarantee and unconditional warranty shallbe extended for three (3)yearsfromthedateof Final Acceptance as indicatedintheCONSULTANTLetterofRecommendationofAcceptance,ifissued,theCertificateof Occupancy,ifissued,or theCertificateofCompletion,ifissuedbytheCity,whicheverisapplicableandif morethan one isapplicable,theone that isissued last forlatentDefective Work.TheCITYwillgive noticeofobserveddefectswithreasonablepromptness.Intheeventthat the CONTRACTOR should fail to commence to correa such Defeaive Work withinten (10)calendardaysafterhavingreceived written noticeofthe defect orshouldthe CONTRACTOR commencethecorrectivework,but fail toprosecute thecorrectiveworkcontinuouslyand diligently andinaccordancewiththe Contraa Documents, applicable law,rulesand regulations,the CITY may declareaneventofdefaultterminatethe Contraa in wholeorinpartandcausetheDefeaiveWorktoberemovedor correaed andtocompletetheWork atthe CONTRACTOR'S expense,andthe CITY shall charge the CONTRACTOR thecost thereby incurred.The Performance Bond shall remain in full forceand effea throughthe guarantee period. 13.2 The specific warranty periods listed in theContraa Documents,if different from the period oftime listed inSection 13.1,shalltakeprecedenceover Seaion 13.1. 13.3 CONTRACTOR shall aa asagentona limited basis forthe OWNER,atthe CITY's option,solely for the follow-up concerning warranty compliance for all items under manufaaurer's Warranty/Guarantee and forthe purpose of completing all forms for Warranty/Guarantee coverage under this Contract 13.4 In case of default by the CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of,orrejea items which are found upon examination,nottomeet the specification requirements.Upon written notification ofrejeaion,items shall be removed within five (5)business days by the CONTRACTOR at his own expense and redelivered at his expense.Rejeaed goods left longer than thirty (30)calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim tothe good orto compensation of any kind.Rejeaion for Non-Conforming Work or failure to meet delivery schedules may resultinthe Contraa being found indefault ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contraaor 14.1 The Contraaor shall notbe entitled to any money for any work performed before the issuance ofa Notice to Proceed on the form described in the Contraa Documents and the issuance by the City ofa "purchaseorder",orany other document doesnotand shall notauthorizethecommencementofthe Work.At least ten (10)calendar days before each progress payment falls due (but not more often than once a month),the CONTRACTOR shall submit tothe CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require.All progress payment applications afterthefirst progress payment shall be accompanied by partial releases of lien executedby all persons,firms and corporations who have furnished labor,services or materials incorporated into thework during the period of time for which the previous progress payment was made, releasing such claims and lien rights,if any,of those persons.If payment is requested onthe basis of Thomas F.Pepe 12/10/2015 materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data,satisfaaory 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 at its expense any stored materials paid for which are either damaged or stolen before installation.The CONSULTANT will within ten (10)calendar days after receipt ofeach partial payment estimate,either certifying in writing its approval of payment and present the partial payment estimate to the OWNER,or return the partial payment estimate to the CONTRACTOR,indicating in writing his reasons for refusing to approve payment In the latter case,the CONTRACTOR may make the necessary correaions and resubmit the partial payment estimate.The OWNER,will within thirty (30)calendar days of presentation toitof any approved partial payment estimate,pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate.The OWNER shall retain ten (10%)percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contraa Documents. Any interest earned onthe retainage shall accrue tothe benefit ofthe OWNER. 14.2 The CONTRACTOR,before it shall receive final payment shall deliver tothe CITY a Contraaor's Final Payment Affidavit asset forth in the Florida Construaion Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor,services or materials,direaly or indirectiy,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 andsuchperson. Contraaor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Paymentwhether the Work,material or equipment is incorporated in the Projea or not shall have passed tothe OWNER prior tothe making ofthe Application for Payment free and clear of all liens,claims,security interest and encumbrances (hereafter in these General Conditions referred to as "Liens");and thatnoWork,materials or equipment covered by an Application for Payment will have been acquired bythe CONTRACTOR orby any other person performing theWorkatthesiteor furnishing materials and equipment for the Project under or pursuant to an agreement under which an interest therein or encumbrance thereonis retained bythe seller or otherwise imposed bythe CONTRACTOR orsuch other person. Approval of Payment 14.4 TheCONSULTANTS approval of any payment requested in an Application for Payment shall constitutea representation byhim to the CITY,basedonthe CONSULTANT'S onsite observations of the Work in progress asanexperienced professional and on his reviewofthe Application for Payment and supporting data,thatthe Work has progressed tothepoint indicated inthe Application for Payment that tothe besthisknowledge,informationand belief,the quality ofthe Work isin accordance withthe Contraa Documents(subjeatoan evaluation ofthe Work asa functioning Projeaupon substantial completionas defined inArticle I,tothe results of any subsequent tests called for intheContraaDocuments and any qualifications statedinhis approval);and thatthe CONTRACTOR isentitledtopaymentoftheamount approved.However,by approving,anysuch payment theCONSULTANT shall nottherebybedeemed to have represented thathe made exhaustive or continuous on-site observations tocheckthe quality or the quantity oftheWork,orthathe has reviewed the means,methods,techniques,sequencesand proceduresof construaion orthathe had madeany examination to ascertain howorforwhatpurpose the CONTRACTOR hasusedthemoneys paid ortobe paid tohimonaccountofthe Contraa Price,or thattitletoany Work,materials,orequipmenthaspassedtothe OWNER freeandclearofany liens. 14.5 The CONTRACTOR shall makethe following certification oneachrequestfor payment "Iherebycertifythatthelaborand materials listedonthisrequestforpaymenthavebeenusedinthe construaion ofthis Work andthat all materials included inthisrequestforpaymentandnotyet incorporatedintothe construaion arenowonthesiteorstoredatanapproved location,andpayment receivedfromthelastrequestforpayment has beenusedtomake payments to all hisSubcontraaors and suppliers,except fortheamountslistedbelowbesidethenamesofthepersonswhoperformedwork or suppliedmaterials". In theeventthatthe CONTRACTOR withholdspaymentfroma Subcontraaor or Supplier,thesame amountofmoney shall bewithheldfromthe CONTRACTOR'S paymentuntiltheissueisresolvedby Thomas F.Pepe 12/10/2015 written agreement between them and thena joint check shall be made payable tothe person in question andthe CONTRACTOR in accordance withthesettlementagreementotherwisethemoney shall be held bytheOWNER until a judgment is entered in favor ofthe CONTRACTOR orthe person,in which case themoney shall be paid according with said judgment.Nothing contained herein shall indicate an intenttobenefitanythirdpersonswhoarenot signatories tothe Contract 14.6 TheCONSULTANTmayrefuseto approve thewholeoranypartofany payment if,inits opinion,itis unable tomake such representations totheOWNERas required this Section 14.Itmay also refuseto approveanypaymentoritmayvoidany prior payment application certification because of subsequently discoveredevidenceortheresultsofsubsequentinspeaionorteststosuch extent asmaybenecessary initsopinion to protea the OWNER fromlossbecause: 14.6.1 of Defeaive Work,or completed Work hasbeendamagedrequiring correaion or replacement 14.6.2 the Work forwhich payment is requested cannot beverified, 14.6.3 claims of Lienshavebeenfiledorreceived,or there isreasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contraa Pricehas been reduced because of modifications, 14.6.5 theCITYhas correa Defeaive Work orcompletedthe Work inaccordancewithArticle 13. 14.6.6 ofunsatisfaaoryprosecutionofthe Work,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 the Contraa Documents, 14.6.8 ofliquidated damages payable bythe CONTRACTOR,or 14.6.9 ofanyother violation of,or failure tocomplywith provisions ofthe Contraa Documents. 14.7 Prior to Final Acceptance the OWNER,with the approval ofthe CONSULTANT,may use any completed or substantially completedportionsofthe Work providedsuchusedoesnotinterferewiththe CONTRACTOR'S completion oftheWork Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contraa Documents.This provision shall notbe construed as relieving the CONTRACTOR ofthe sole responsibility for the care and protection of the Work,or the restoration of any damaged Work except such asmaybe caused by agents or employees oftheOWNER. 14.9 Upon completion and acceptance oftheWorktheCONSULTANT shall issue a Certificate attached to the Final Application for Payment that theWork has been accepted byit under the conditions ofthe Contraa Documents.The entire balance found to be due the CONTRACTOR,including the retained percentages,but except such sums as may be lawfully retained by the OWNER,shall be paid to the CONTRACTOR within thirty (30)calendar days of completion and acceptance ofthe Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner.The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards.ePayables,streamline the process of making payments to your organization going forward,the City will provide the CONTRACTOR with a credit card account number to keep on file.This card has unique security features,with $0 of available funds until an invoice is approved for payment After an invoice has received proper and complete approval,an electronic remittance advice will besent via e-mail,or fax,which notifies the CONTRACTOR that the funds have been transferred in tothe account linked tothe card for the amount listed on the invoice and/or remittance email.Please refer to the ePayables Questions &Answers Form contained in this RFP or contaa the OWNER'S Finance department at (305)663-6343 with any questions. Acceptanceof Final Paymentas Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the OWNER and awaiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved.The waiver shall include all things done or furnished in connection with theWork and for every act and negiea ofthe OWNER and others relating to or arising out ofthis Work.Any payment however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification ofSubstantial Completion or Final Completion ofthe Work as may be necessary in his opinion toproteathe OWNER from loss ifhe determines,because of subsequently discovered evidence orthe results of subsequent inspection or tests,that Thomas F.Pepe 12/10/2015 14.12.1 the Work is defective,or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the projea is no longer Substantially Completed,or in the case of Final Completion certification,is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received,or there is reasonable evidence indicating the probable filing or receipt thereof that if valid and paid,would reduce the amount owing to the CONTRACTOR BY 20%in the case ofSubstantial Completion and 5%in the case of Final Completion. 14.12.4 there is Defeaive Work the value of which,if deduaed from the contraa price would reduce the amount owing to the CONTRACTOR BY 20%in the case of Substantial Completion and 5% inthecaseof Final Completion. 14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification")by the CONSULTANT,the CONTRACTOR shall repay to the City ofSouth Miami any money paid asa result of said Initial Certification being issued which shall be paid only when the decertified work is re certified. ARTICLE IS -SUSPENSION OF WORK AND TERMINATION. 15.1 The CITY may,at any time and without cause,suspend theWorkor any portion thereof fora period of notmorethan ninety (90)calendar days bynoticein writing tothe CONTRACTOR andthe CONSULTANT,whichshallfix the dateonwhich Work shallbe resumed.The CONTRACTOR shallbe allowed an increase in the Contraa Price oran extension ofthe Contraa Time,or both,directly attributabletoany suspension andifa claim istimelymadeandifitis allowed underthetermsofArticles 11 or Article 12. CityMay Terminate 15.2 Ifthe CONTRACTOR is adjudged bankrupt or insolventorifhe makes a general assignment forthe benefitofitscreditors,orifa trustee orreceiverisappointedfortheCONTRACTORorforanyits property,or ifhe files apetitiontotakeadvantageofany debtor's act ortoreorganizeunderbankruptcy or similarlaws,or ifherepeatedly fails tosupplysufficient skilled workmenorsuitablematerials or equipment or ifherepeatedly fails tomake prompt payments to Subcontraaors or forlabor,materials or equipment or hedisregardslaws,ordinances,rules,regulations or orders ofanypublicbodyhaving jurisdiaion,or ifhe disregards the authority of the CONSULTANT,or if he otherwise violatesany provisionof,the Contraa Documents,then the CITY may,without prejudicetoany other right or remedyandafter giving the CONTRACTOR andtheSuretyseven(7)calendardays written notice, terminate the servicesof the CONTRACTOR andtakepossessionofthe Projea andofallmaterials, equipment tools,construction equipmentandmachinery thereon ownedbytheCONTRACTOR,and finish the Work bywhatevermethoditmaydeem expedient InsuchcasetheCONTRACTORshallnot beentidedtoreceiveany further paymentuntilthe Work is finished.Ifthe unpaid balanceofthe Contraa Price exceeds the direa and indirea costs ofcompletingthe Project including compensation foradditionalprofessionalservices,suchexcessshallbepaidto the CONTRACTOR.Ifsuchcosts exceed suchunpaidbalance,the CONTRACTOR ortheSuretyonthePerformanceBondshallpay the difference to the OWNER.SuchcostsincurredbytheOWNERshallbe determined by the CONSULTANT and incorporated inaChange Order. If after termination of the CONTRACTOR under this Seaion,itis determined bya court of competent jurisdictionforanyreason that theCONTRACTORwasnotin default therightsandobligationsof the OWNER and the CONTRACTOR shallbe the same asif the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S serviceshavebeenso terminated bythe CITY said termination shall not affea anyrightsoftheOWNERagainsttheCONTRACTORthenexistingorwhichmay thereafter accrue.Any retention orpaymentofmoneysbytheOWNERduetheCONTRACTORshallnotrelease the CONTRACTOR from liability. 15.4 Uponseven(7)calendardays written noticetotheCONTRACTORandtheCONSULTANT,theCITY may,without causeand without prejudicetoany other right or remedy,elea to terminate the Contraa for the convenience of the OWNER.Insuchcase,the CONTRACTOR shallbepaidforall Work Thomas F.Pepe 12/10/2015 executed and accepted by the CITY asofthe date ofthe termination,minus any deduction for damage or Defective Work.No payment shall be made for profit forWork which has not been performed. I5.4A The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deduaing the costfromthe Contraa Pricewithoutviolatingtheintentof the Contraa. Removalof Equipment 15.5 Inthecaseofterminationofthis Contraa beforecompletionforanycausewhatever,the CONTRACTOR,if notified todosobythe CITY,shall promptlyremoveanypartor all ofitsequipment and supplies fromthepropertyofthe OWNER.Should the CONTRACTOR notremovesuch equipmentand supplies,the CITY shall havetherighttoremovethemattheexpenseofthe CONTRACTORandtheCONTRACTORagreesthattheOWNER shall notbe liable forloss or damage tosuchequipmentor supplies.Equipment and supplies shall notbeconstruedto include suchitemsfor which the CONTRACTOR hasbeenpaidinwhole or inpart. Contraaor May Stop Work or Terminate 15.6 If,through no aa or faultofthe CONTRACTOR,the Work is suspended fora period of more than ninety(90)calendar days bythe CITY orbyorderofother public authority,orunderanorderofcourt or the CONSULTANTfails to aa onanyApplicationforPaymentwithin thirty (30)calendardaysafterit issubmitted,or the OWNER fails topay the CONTRACTOR anysum approved bytheCONSULTANT, withinthirty(30)calendardaysofitsapproval,andpresentation,thentheCONTRACTOR may,upon twenty (20)calendardays written notice to the CITYand the CONSULTANT,terminate the Contract The CITY mayremedythe delay orneglea within thetwenty(20)calendardaytimeframe.If timely remedied bythe CITY,the Contraa shall notbe considered terminated.In lieu of terminating the Contract ifthe CONSULTANT has failed to aa onan Application for Payment ortheOWNERhas failed tomakeany payment asafore said,the CONTRACTOR may uponten (10)calendar days'noticetothe CITY andthe CONSULTANT stoptheWork until it has been paid all amountsthendue. Indemnification of Independent Consultant 15.7 The CONTRACTOR and the CITY hereby acknowledges thatifthe CONSULTANT is an independent contraaorofthe OWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contraa Documents oronthe performance ofthe CONTRACTOR orthe OWNER pursuant tothe terms oftheContraa Documents.Therefore,the OWNER,atthe CONSULTANT'S request agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation,de-certifies a payment application,decertifies Substantial Completion,decertifies Final Completion,certifies an event of default or approves any action which requires the approval ofthe CONSULTANT. ARTICLE 16-MISCELLANEOUS 16.1 Whenever any provision of the Contraa Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person tothe individual ortoa member ofthe firm or to an officer ofthe corporation for whom it is intended,or if delivered ator sent by registered or certified mail,postageprepaid,tothelastknownbusinessaddress. 16.2 TheContraa Documents shall remain the property ofthe OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record set ofthe Contraa Documents upon completion of the Project 16.3 The duties and obligations imposed by these General Conditions,Special Conditions and Supplementary Conditions,if any,and the rights and remedies available hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by the Contraa Documents and the rights and remedies available tothe OWNER and CONSULTANT thereunder,shall be in addition to,and shall not be construed in any way as a limitation of,any rights and remedies available by law,by special guarantee orbyother provisions ofthe Contraa Documents. 16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of anyerror,omission,or aa oftheotherorof any oftheir employees or agents orothersforwhose aas they are legally liable,claim shall be made in writing to the other party within twenty-one (21)calendar days ofthe first observance of such injury or damage. Thomas F.Pepe 12/10/2015 ARTICLE 17 -WAIVFB pp |UWY TR|AI ARTICLE 18 -ATTORNFYS FFES IURIsnirT.ON /VEMUF ,hpyERNlMG IAvy 18 2 Th!S^il?"Khal!^?nStrU!d ln accordance with a"d governed by the law of the State of Florida 2LE?J )Ur Sditti°n °f ^C°Urt °f COmPetent iurisdiction in Florida regarding any claimoracdonansmgoutoforrelatingtotheContractorContractDocuments.Venue of anyacStoenforcetheContractshallbeinMiami-Dade County,Florida * ST™^6e ^^l6 Pr°Vided in the C°ntraCt Documents.*»claims,counterclaims,disputes andothermatters,n quest™between the OWNER and the CONTRACTOR arising out of or renting to of Florid"OP °f>Sha"^dedded ln aC°Urt °f comPetent jurisdiction within the State ARTICLE 19.PROJECT BFfr»nnc 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 darn for additional compensation made by CONTRACTOR,and to conduct an audit of the financial and accounting records ofCONTRACTOR which relate to the Project CONTRACTOR shall retain and make available to CITY all such books and records and accounts,financial or otherwise,which relate to the Project and to any claim for a period of three (3)years following final completion of the rS^fS^6 Pr°ieCt a"d the three (3)year period followi"g fi"al 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 services on behalf of the OWNER and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Project.CONTRACTOR and its subcontractors are specifically required to:(a)Keep and maintain public records required by the public agency to perform the service;(b)Upon request from the public agency's custodian of public records,provide the public agency with a copy ofthe requested records or allow the records tobe inspected or copied within a reasonable time 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 for the duration ofthe contraa term and following completion ofthe contract if the 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 the contractor or keep and maintain public records required by the public agency to perform the service.If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the contractor keeps and maintains public records upon completion ofthe contract,the 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 format that is compatible with the information technology systems ofthe public agency.IF THE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TOTHISCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340;E- mall:mmenendez@southmiamifl.gov;6130 SunsetDrive,South Miami,FL. 33143. 19.3 If CONTRACCTOR or its subcontraaor does not comply with a public records request,the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to OWNER for its costs of enforcing this provision,including attorney fees incurred in all proceedings,whether administrative or civil court and in all appellate proceedings. Thomas F.Pepe 12/10/2015 article 2®-severabiuw. 20.1 Ifany provision oftheContractorthe application thereoftoanypersonor situation shall toanyextent, beheld invalid or unenforceable,the remainderof the Contract,and the application of suchprovisionsto persons or situations otherthanthoseasto which it shall have beenheld invalid or unenforceable shall notbeaffectedthereby,and shall continuein full forceand effect,andbeenforcedtothefullestextent permitted bylaw. ARTHCLB 20 -BMDBPENE3BMT €©MTfBACT@8L 21.1 The CONTRACTOR isan independent CONTRACTOR under the Contract Servicesprovidedby the CONTRACTOR shallbeby employees of die CONTRACTOR andsubject to supervisionby the CONTRACTOR,andnotas officers,employees,oragentsoftheOWNER.Personnel policies,tax responsibilities,socialsecurityandhealth insurance,employeebenefits,purchasing policies andother similar administrative procedures,applicable toservicesrenderedundertheContract shall bethoseof the CONTRACTOR. ARTICLE 22 -ASSBGMMEMT. 22.1 TheCONTRACTOR shall not transfer or assign any ofits rights or duties,obligations and responsibilities arising underthe terms,conditions and provisions ofthisContractwithoutpriorwrittenconsentofthe City Manager.TheCITY will not unreasonably withhold and/or delay its consent tothe assignment ofthe CONTRACTOR'S rights.TheCITYmay,in its soleand absolute discretion,refusetoallowthe CONTRACTOR to assign its duties,obligations and responsibilities.In anyevent,theCITY shall not consent tosuchassignment unless CONTRACTOR remains jointly and severally liable forany breach of the Agreement bythe assignee,the assignee meets all ofthe CITYs requirements tothe CRTs sole satisfaction and the assignee executes all ofthe Contract Documents thatwere required tobe executed by the CONTRACTOR WETNESS WHEKSOF,the parties hereto have executed the General Conditions to acknowledge their inclusionaspart of the Contract Documents onthis CONTI Signatu ATTEST } 'Maria MenenMe*' CityClerk Readand Appro; Legality,and Thomas F.Pepe 12/10/2015 Print Signatory's Tide of Signatory: Stg^efTAIexander City Manager e^ B. D. SW 74th Terrace Roadway and [Drainage Improvements Project #PW2®I6-D5 Consultant:In accordance with ARTICLE I ofthe General Conditions CONSULTANT is defined as the person identified as the CONSULTANT in the Supplementary Conditions orifnone,then CITY'S designated representative as identified in the Supplementary Conditions.The CONSULTANTS,if any, and the City's Designated Representative's name,address,telephone number and facsimile number are as follows: Consultant:Kimley-Horne &Associates,Inc 1691 Michigan Avenue Suite 400 Miami Beach,FL 33139 Phone:305/676-2025 Fax:305/673-4882 Termination or Substitution of Consultant:Nothing herein shall prevent the CITY from terminating the services ofthe CONSULTANT or from substituting another "person"to act as the CONSULTANT. Plans for Construction:The successful CONTRACTOR will be furnished mg.setof Contract Documents without charge.Any additional copies required will be furnished tothe CONTRACTOR ata costtothe CONTRACTOR equal tothe reproduction cost The Scope of Services,also referredtoasthe Work inthecontract documents,isasset forth inthe RFP andin the attached EJCHDB0T I to the RHPand if thereisaconflicttheattachedExhibit shall take precedence. Contractor shall comply withthe insurance and indemnification requirements isset forth inthe RFP and in the document set forthin the attached EXHIMT 2 to die RFF and *rf thereisaconflicttheattached Exhibit shall takeprecedence. The Work shall be completed in60calendar days unless ashortertimeisset forth inthe Contract and insucheventthe Contract shall take precedent notwithstanding any provision inthe General Conditions totheContractthatmaybetothe contrary. M WITNESS WHEREOF,the parties hereto have executed the Supplementary Conditions to . acknowledge their inclusion as part of the Contract on rfl fffi day of Sjetf feVlWfr ,20/If. QroL^-SaJ^° !D OF SECTION Thomas F.Pepe 12/10/2015 SCHEDULE OF EVENTS SW 74th Terrace Roadway and Drainage Improvement Project RFP#PW20I6-I5 No Event Date4 Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 7/13/2016 1:00 PM 2 Mpn-MaiKl»t»17 Pre-RFP Meeting 7/21/2016 10:00 AM 3 Deadline to Submit Questions 7/26/2016 10:00 AM 4 DeadlinetoCityResponses to Questions 8/01/2016 10:00 AM 5 Deadline to Submit RFP Response 8/05/2016 10:00 AM 6 Projected Announcement ofselected Contractor/Cone of Silence ends 8/16/2016 7:00 PM Thomas F.Pepe 12/10/2015 END OF SECTION SCOPE OF SERVICES and SCHEDULE ©F VALUES SW 74*Terrace Roadway and Drainage improvement Project RFP#PW20I6-I5 The Scope of Services and the Schedule of Values,If any,are set forth in the attached EXHIBIT I Thomas F.Pepe 12/10/2015 END OF SECTION South^Miami THE CITY OF PLEASANT LIVING APPENDUMNp.#I Project Name:SW74Terrace Roadway and Drainage Improvement Project RFP NO.PW #2016-15 Date:July 21,2016 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Solicitation,andisherebymadepartofthe Documents.All requirementsoftheDocumentsnot modified herein shall remain In full forceandeffectas originally setforth.It shall bethesole responsibility ofthebiddertosecure Addendums that may be issued fora specific solicitation. QUESTION #1: Please advise the Cit/s budgetforthisproject RESPONSE: TheChy has a line item budget amount inthe Adopted Budget for FY 2015 -2016 forthis project.The line item title is "CItywIde Roadway &Drainage Phase 6-Construction Part I:SW74 Terrace (58 Ave to59 Ave)".The page referenced from the Adopted Budget is attached to this Addendum and;the Adopted Budget Is available onthe City's website. QUESTION #2: How will road closures be handled? RESPONSE:JU/^^°ti^*^'/?**3'* No full road closure is allowed.A single lane closure will be required,and the contractor will be responsible to provide access at all times to affected properties. NOTE:The following sectiononthe solicitation coverpage is amended,see below: Hand delivery mustbemade Monday through Friday from 8 AM to5 PM tothe office of City Clerk. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of 1 qyt-r/fp STATE OF FLORIDA DEPARTMENTOF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTIONINDUSTRYLICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 GONZALEZ,MARIOH MAGGOLC INC 11020 SW55TH STREET MIAMI FL 33165 Congratulations!With this license you become oneofthe nearly one million Florldians licensed bythe Department of Business and Professional Regulation.Ourprofessionals and businesses range from architectstoyacht brokers,from boxersto barbeque restaurants,and they keep Florida's economy strong. Every daywe work to improve the way wedobusiness In order toserveyou better.Forinformation about ourservices,please log ontowww.myflorldallcense.com.There youcan find more information about ourdivisions and the regulationsthatimpact you,subscribe to department newsletters and leam more about theDepartment's initiatives. OurmissionattheDepartmentis:License Efficiently,Regulate Fairly.We constantly strivetoserveyoubettersothatyoucan serveyour customers.Thank you for doing businessin Florida, and congratulations onyournew license! (850)487-1395 STATE OF FLORIDA DEPARTMENT OF,BUSINESS ANDPROFESSI|(^^I^GULATION CUC1224888#W^^U^^06/30/2016 CERT UNDERG^Uf*D;&iEXGAV GNTR GONZALEZ.MGHKK^ MAGGOLC ING ;:s:i;^f IS CERTIFIED under the provisions of Ch.489 FS. ExpMpntfate:AUQ312D18 L180S3000O1O71 DETACH HERE RICKSCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The UNDERGROUND UTILITY &EXCAVATION CO Named below IS CERTIFIED Undertheprovisionsof Chapter 489FS. Expirationdate:AUG 31,2018 GONZALEZ.MARIO H MAGGOLC INC 11020 SW55THSTREJEI MIAMIFL 33*65; ISSUED:06730/2016 DISPLAY AS REQUIRED BYLAW SEQ#L1606300001071 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROESTREET TALLAHASSEE FL32399-0783 (850)487-1395 GONZALEZ,MARIOH MAGGOLC INC 11020 SW55TH STREET MIAMI FL 33165 Congratulations!With this license you become oneofthe nearly one million Florldians licensedbytheDepartmentofBusinessand Professional Regulation.Our professionals andbusinessesrange fromarchitectstoyachtbrokers,from boxerstobarbequerestaurants, andtheykeep Florida's economy strong. Every daywe work to improve the way wedo business In order to serveyou better.For information aboutour services,pleaselogonto www.myfloridallcenae.eom.Thereyoucan find moreInformation aboutour divisions andthe regulations that Impact you,subscribe todepartmentnewslettersandlearnmoreaboutthe Department's Initiatives. Ourmissionat the Department Is:License Efficiently,Regulate Fairly. Weconstantly strive to serve you better sothatyoucanserveyour customers.Thankyoufordoing business inFlorida, and congratulations onyournew license! DETACH HERE RICKSCOTT,GOVERNOR STATE OF FLORIDA „DEPARTWfENTQF BUSINESS ANDyPROFES,?l,p|iAE?R^GULATION RG291103844:%r REGISTERED^ GONZALEZ, MAGGOLC (INDIVIDUAL LICEflSING'R'EdOil _^ TO CQNTRAeTfNGlN^ H^6 REGISTERED underthe provisions of Ch.48B FS. ExplratlbneWa :AU031,2017 L1808020001221 p,p8/02/2015 iTOR KENLAWSON,SECRETARY STATEOF FLORIDA/ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD TtielGENERAL CONTRACTOR Named below HAS REGISTERED Undertheprovisionsof Chapter 489 FS..--.->s£. Expiration date:AUG 31,2017 '.'M|'«?-'*r(JN0MPUAI MUST MEET ALL i3%teciNSIN(3 „.^v a;ii§u REQUIREMENTS PRIOR TQ*?IMIGINANYAREA) GONZALEZ,MARIOH MAGGOLC INC11020SW55TrtfSp|j^^ MIAMI ISSUED:06/02/2015 DISPLAY AS REQUIRED BYLAW SEQ#L1508020001221 Local Business Tax Receipt Miami-Dade County,Stateof Florida -THISIS NOTABIU-DONOTPAY 5684064 BUSINfeSB NAMH/LOCATIOM MAGGOLC INC 11020 SW 55 SI MIAMI FL33165 OWNBR MAGGOLC INC Worker® RBCBIPTNO. RENEWAL 6928487 EXPIRES SEPTEMBER 30,2017 Must badisplayed at place of business PursUantto County Coda Chapter 8A-Art.9 &10 Sec.TYPE OP BU8INB68 oaviu.mt B»«nnn 186 SPECIALTY ENGINEERING C0N1RACT byT^cOLtBCtOR £261302 $75.00 07/14/2016 CREDfTCARD-16-040505 Thislocal BusIbbsb TaxReoelpt onlyconfirms payment ofthe tacal BuelnossTax.The fleoelptlsnota lldanse. permit ora certIflotHoa oftheboldsr'a gualHIcatloni,todo business.Holder must comply with anygovBrntnentaf orhonBovemmerrtalregplBtorylawaandrflquirimQrrtBwrilohappJytotfiebuslnBif, The RECEIPT NO.above mustba displayed onall commercial vehicles-Mliml-DadaCode Seo 88-278. For moraInformation.vliUwww.mlBmldBdB.flQv/teMCoHBntor CTQB (cttonTtateQuallQConstructionTradwOualliyinfl Board [business certificate of competency E251302 !MA<^i^!|i|,r;,v., •'•••''':•''$'i GONZALEZ MARIO | Is certified undertheprwfelona ofChai^r 10 ofMtamj^^eounty j X*Rif/KCORi CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) 9/23/2015 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISSrTIF^^^OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESMLOTDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSUREDS),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policies)must be endorsed.If SUBROGATION IS WAIVED,subject to theterms and conditions ofthe policy,certain policies may require an endorsement.A statement on this certificate does notconfer rights tothe certificateholder In lieu ofsuch endorsements). PRODUCER Eastern Insurance Group,Inc. 9570 SW 107 Avenue Suite 104 Miami »33176 SJSI^Amanda Brogues" n.(305)595-3323 f^ttolt <30S)S9S~7X3S INSURED Maggolc,Inc. 11020 SW 55 Street Miami ,amandaQeasterninsurance.net INSURERS AFFORDING COVERAGE NAlCtf insurer a .-Colony Insurance Company insurerBJMapfre Insurance Co.of Florida insurer c .Torus National Insurance Company insurerdiBueineflsPirflt Insurance Co. insurer e .Federal Insurance Company FL 33165 CERTIFICATE NUMBERffaater 15-16 IPWrW**- REVISION NUMBER:COVERAGES THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONDITIONS OFSUCH POLICIES.LIMITS SHOWNMAYHAVEBEEN REDUCED BYPAIDCLAIMS. IAMMJ3UBRI ~~~INSR TYPE OF INSURANCE ma JflOffi,POUCY NUMBER fmN&immm LIMITS COMMERCIALGENERALLIABILITY CLAIMS-MADE [X I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY •fE?CT QwC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA UAB EXCES8UAB OCCUR CLAIMS-MADE PEP I ffiTENT|ONS WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y ,N ANY PROPRIETORff»ARTNER/EXECUTIVE I1 OFFICER/MEMBER EXCLUDED? (Mandatory InNH)'' Ifyea.describe under DESCRIPTION OF OPERATIONS below Rented/Leased Equipment Contractor's Bquipment N/A 103QL0006301-01 4150130008652 85222E151ALI 521-11888 45468147 4546B147 9/22/2015 7/17/2016 9/22/2015 9/22/2015 11/2/2015 11/2/2015 9/22/2016 7/17/2017 9/22/2016 9/22/2016 11/2/2016 11/2/2016 EACH OCCURRENCE DAMAGETORENTED PREMISES (Ea occurrence) MEDEXP (Any oneperson) PERSONAL A ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGO JoMbIneD SINGLE*UMIf Eaaccktenn BODILYINJURY (Parpereon) BODILYINJURY(Peraccident) PROPERTY DAMAGE (Par accident) Hired Auto EACH OCCURRENCE AGGREGATE aim—1—re™7XISTATUTEIIER EX.EACH ACCIDENT EL.DISEASE-EA EMPLOYES EL.DISEASE-POLICY LIMiT DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD101,Additional Remark!Schedule,maybeattached ff more epaca larequired) Sidewalk,paving,drainage Project Number rfp #fw-2015-19 Project Descriptioni Citywlde Drainage Improvement Projects Project Address:City of South Miami,Miami Dade County,FL CERTIFICATE HOLDER CANCELLATION $1,000,000 100,000 6,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 3,000,000 3,000,000 100,000 100,000 500,000 $250,000 $254,016 City of South Miami 6130 Sunset Drive South Miami,FL 33143 SHOULD ANY OF THE ABOVE DESCRIBED P0LICIE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVI8ION9. ACORD 25 (2014/01) INS025r?oi4M\ AUTHORIZED REPRESENTATIVE DavidLopez/DAVID <§>1988-2014 ACORD CORPORATION.All rights reserved. TheACORD name andlogoare registered marks of ACORD Member Name Bid Number Bid Name 3 Document(s)found for this bid 24 Planholder(s)found. Cityof South Miami RFP-RFP #PW2016-15-0- SW 74th Terrace RoadwayandDrainage Supplier Name Address l City State Zip Phone Attributes Bob's Barricades 921 Shotgun Rd Sunrise FL 33326 9544232627 CES Consultants,Inc. 14361 Commerce Way, Suite 103 Miami Lakes FL 33016 3058272220 1.Hispanic 2.Small Business Coastal Systems International,Inc 464 S.DixieHwy Coral Gables FL 33146 3056613655 ConstructConnect 3825 Edwards Rd Cincinnati OH 45209 8772271680 Construction Journal,Ltd.400 SW 7th Street Stuart FL 34994 8007855165 CROCS,LLC 2601 E 7th Ave Tampa FL 33605 5617920737 F.R.ALEMAN &ASSOCIATES INC 10305 NW41ST STREET MIAMI FL 33178 3055918777 1.Hispanic 2.Small Business 3.Woman Ferreira Construction Company Inc.100 Salerno Road Stuart FL 34997 7722865123 1.Hispanic Owned Florida Safety Contractors,Inc.P.O.Box 16628 Tampa FL 33687 8139829172 1.Small Business Lanzo Construction Company 125 S.E.5th Court Deerfield Beach FL 33441- 4749 9549790802 linetech drainand sewer cleaing lie 520 nw 165th st suite n miami FL 33169 7863910591 Link Systems LLC 5870 Hummingbird Court Titusville FL 32780 4074010031 1.Small Business McGraw-Hill Construction Dodge 4170 AshfordDunwoody Atlanta GA 30319 4043036794 R.J.Behar &Company,Inc.6861 SW 196th Avenue Pembroke Pines FL 33332 9546807771 1.Hispanic 2.Small Business RADISE International,LC 4152 West Blue Heron Blvd Riviera Beach FL 33404 5618410103 1. Asian/Hawaiian 2.Small Business 3.Woman Ric-Man International 2601 Wiles Rd Pompano FL 33073 9544261042 Roadway Construction,LLC 6750 North Andrews Aveune Fort Lauderdale FL 33309 9542270025 1.Hispanic Owned SFL 2977 mcfarlane rd miami FL 33133 3057720568 Shasa Engineering Corp.13965 S.W.10 St.Miami FL 33184 3052237991 Stanley Consultants,Inc.1641 Worthington Road west Kaim Beach FL 33409 5615848704 Stralghtline Engineering Group Inc 8382 NW 70th St Miami FL 33166 7868458499 1.Hispanic 2.Small Business Wantman Group,Inc.2035 Vista Parkway West Palm Beach FL 33411 5616872220 Weekley AsphaltPaving,Inc.20701 STIRLINGROAD PEMBROKE FL 33332 9546808005 Williamspavingco.,inc.11300 NWs River Drive Medley FL 33178 3058821950 8/5/2016 Florida Department of State Division of Corporations Detail by Entity Name Detail by Entity Name Florida Profit Corporation MAGGOLC,INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date P05000085356 20^3345775 06/14/2005 FL ACTIVE NAME CHANGE AMENDMENT 10/13/2005 NONE Principal Address 11020 SW 55 STREET MIAMI,FL 33165 Mailing Address 11020 SW 55 STREET MIAMI,FL 33165 Registered Agent Name &Address GONZALEZ,MARIO H 11020 SW 55 STREET MIAMI,FL 33165 Officer/Director Detail Name &Address Title D GONZALEZ,MARIO H 11020 SW 55 STREET MIAMI,FL 33165 Annual Reports Report Year Filed Date 2014 01/12/2014 2015 01/10/2015 2016 01/23/2016 http://search.$unbtz.org/lnquiry/Corpor 1/2 8/512016 Detail by Entity Name Document Images 01/23/2016 -ANNUAL REPORT y|ew image in PDF fomiat 01/10/2015 -ANNUAL REPORT view image in PDF format 01/12/2014 -ANNUAL REPORT 01/26/2013 -ANNUAL REPORT " View Image in PDF format j View ImageInPDFformat 01/06/2012 -ANNUAL REPORT View Image in PDF format 01/07/2011 -ANNUAL REPORT View image In PDF fomiat 01/07/2010 -ANNUAL REPORT View image in PDF format 01/17/2009 -ANNUAL REPORT view image In PDF format 02/26/2008-ANNUAL REPORT view image In PDF format 06/12/2007 -ANNUAL REPORT view Image in PDF format 03/21/2006-ANNUAL REPORT view Image in PDF format 10/13/2005 -Name Change View Image InPDFformat 06/14/2005 -Domestic Profit ViewImageInPDFformat Stare or -l.mdii.D--;.;>-::-''!.v"«='Stale http7/6earch*ur*lz.orgnt^ry/Corpor«2/2 2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT*P05000085356 Entity Name:MAGGOLC,INC. Current Principal Place of Business: 11020 SW 55 STREET MIAMI.FL 33165 FILED Jan 23,2016 Secretary of State CC5614597665 Current Mailing Address: 11020 SW 55 STREET MIAMI,FL 33165 FEI Number:20-3345775 Name and Address of Current Registered Agent: GONZALEZ,MARIOH 11020 SW 65 STREET MIAMI.FL 33165 US Certificate of Status Desired:No Theabovenamedentitysubmitsthisstatementforthepurposeofchangingitsregisteredofficeorregisteredagent,or both,intheStateof Florida. SIGNATURE:_^ ElectronicSignature of Registered Agent Officer/Director Detail: Title D Name GONZALEZ,MARIO H Address 11020 SW 55 STREET City-State-Zip:MIAMI FL33165 Date I herebycertify thetthe Information indicatedonthisreportor supplemental reportistrueend accurate wd thatmy ehctronlo signature stmB havethesame hgat effectas Ifmadeunder oath;that Iemenofficerordirectorofthecorporationorthereceiverortrusteeempoweredtoexecutethisreportesrequiredby Chepter607,FloridaStatutes:endthetmy name appears above,oronan attachment wfth all other tike empowered. SIGNATURE:MARIO GONZALEZ PRESIDENT 01/23/2016 Electronic Signature of SigningOfficer/DirectorDetail Date MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and LegalHolidays Miami,Miami-Dade Counly,Florida STATE OF FLORIDA COUNTY OF MIAMNDADE: Before the undersigned authority personally appeared OCTELMA V.FERBEYRE.whoonoathsays thai heorsheis the VICE PRESIDENT*Legal Notices ofthe Miami Dally Business Review f/k/a Miami Review,a dally (except Saturday,Sundayand Legal Holidays)newspaper, published at Mla.mi in Miami-Dade County,Florida;thatthe attachedcopyofadvertisement,beingaLegalAdvertisement of Notice in the matter of CITYOF SOUTH MIAMI-SW74TH TERRACE ROADWAY AND DRAINAGE IMPROVEMENT PROJECT -RFP #PW2016-15 in the XXXX Court. was publishedinsaid newspaper in Ihe issues of 07/15/2016 Affiant further saysthatthesaid Miami Daily Business Reviewisa newspaper publishedat Miami,insaid Mlamt-peda County,Florida andthatthesaid newspaper has heretoforebeencontinuouslypublished in said Miami-Dade County,Florida eachday(except Saturday,Sundayand LegalHolidays)andhasbeenenteredassecondclassmail matteratthepostoffice In Miami in said Miami-Dade County, Florida,fora period ofoneyearnext preceding the first publication oftheattachedcopyofadvertisement;and affiant further say6thatheorsheha6neitherpaidnor promised any person,firm orcorporationanydiscount,rebate,commission orrefundforthepurposeofsecuring this advertisementfor publicationint (SEAL) OCTELMAV.FERBEYRE personally known «&..^