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Res No 170-16-14725RESOLUTION NO.:170-16-14725 A Resolution authorizing the City Manager to negotiate and enterintoa contract with Metro Express, Inc.for the SW78Street&SW62AvenueRoadwayImprovements. WHEREAS,the Mayor and City Commission wish to provide roadway improvements along SW 78th Street, from SW 62nd Avenue to SW 63rd Avenue,and along SW 62nd Avenue,from US 1/South Dixie Highway to SW 78 Street,and WHEREAS,pursuanttoacompetitiveselection process,itwasdeterminedthatMetro Express,Inq. submittedaproposalintheamountof$102,580thatwasthemostcomprehensiveandcost effective inits construction approach;and WHEREAS,the City desires to provide a contingency of $15,400 over the proposal amount for unknown factors that may ariseduring the work;and WHEREAS,the total expenditure,including the contingency amount,is not to exceed $117,980;and WHEREAS,the Mayor and City Commission desire to authorize the City Manager to negotiate and enter intoa contract with Metro Express,Inc..for drainage and roadway improvements fora total amount not to exceed $117,980. NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA THAT: Section 1:TheCityManageris authorized to negotiate the price,terms and conditions andto execute a contractwithMetro Express,Inc.for the SW78Street &SW62 Avenue Roadway Improvement Projectforan amount notto exceed $102,580 andheis authorized to expend upto$15,400for unforeseen conditions.Acopyof theapprovedformofcontractisattachedandtheCity Manager maynegotiatealowerpriceandmore advantageous terms and conditions if approved by the City Attorney. Section2:The expenditure shallbechargedtothePeople'sTransportation Plan Tax Fund account number 124-1730-541-6490,whichhasabalance of $1,142,966,before this request was made. Section3:Ifanysectionclause,sentence,or phrase ofthis resolution isforany reason held invalid or unconstitutional byacourtof competent 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 this6 th dayof September ,2016. kj:APPROVED: 1 MAYOR COMMISSION VOTE:4_q MayorStoddard absent ViceMayor Welsh yea Commissioner Harris Yea Commissioner Liebman yea Commissioner Edmond Yea South'Miami the cm of pleasant living CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: From: Date: TheHonorableMayor&Members of the City Commission Steven Alexander,CityManager 7September6,2016 Agenda Item No.; Subject: Background: Amount: Account: Attachments: AResolutionauthorizingtheCityManagerto negotiate and enter intoa contract withMetro Express,Inc.for the SW 78 Street &SW62AvenueRoadway Improvements. This project will provide roadway resurfacing along SW 78th Street,from SW 62nd Avenue to SW 63*Avenue^and along SW 62nd Avenue,from US 1/South Dixie Highway to SW 78 Street. Bothprojects are includedwithin the City's CIP Plan. The scope ofworkforboth projects includes milling,road resurfacing,and striping,In addition, the SW 78-h Street project will also include minor drainage improvements. The City received four proposals in responsetothe solicitation.Pursuant to review,itwas determined that Metro Express,Inc.isthemost responsive and responsible bidderforthis proposal,Belowarethe proposals received: Contractor Bid Price MetroExpress,inc.$102,580.00 Maggolc,Inc.$108>048.00 Florida Construction Engineering $128,138.07 JVA Engineering Contractor,inc.$195,649.00 A contingency amount of $15,400 will be included over the proposal amount of $102,580 to address for unknown factors that mayariseduring the work. Amount not to exceed $117,980 The expenditure shall be charged $117,980 tothe People's Transportation Plan Trust Fund account number 124-1730-541-6490,whichhasabalanceof$1,142,966beforethis request was made, Resolution Bid Opening Report Proposal &Contract Exhibits MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and LegalHolidays Miami.Miami-Dade County.Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V.FERBEYRE,who on oath says that heor she is the VICE PRESIDENT,Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily (except Saturday,Sunday and Legal Holidays)newspaper, published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement,being a Legal Advertisement of Notice in the matter of CITY OFSOUTH MIAMI -SW78 STREET &SW62 AVENUE ROADWAY IMPROVEMENTS -RFP #PW2016^18 inthe XXXX Court, was published insaid newspaper intheissuesof 08/03/2016 Affiant further saysthatthesaid Miami Daily Business Reviewisa newspaper published at Miami,insaid Miami-Dade County,Florida andthatthe said newspaper has heretoforebeen continuously publishedinsaid Miami-Dade County,Florida each day (except Saturday,Sunday and Legal Holidays)andhasbeenenteredassecondclass mail matter atthepost office in Miami in said Miami-Dade County, Florida,for a period ofoneyearnext preceding the first •publication ofthe attached copyof advertisement;and affiant further says that heorshehas neither paid nor promised any person,firm or corporation anydiscount,rebate,commission orrefundforthepurposeofsecuringthisadvertisementfor publicationint Sworn to and subscribed before me this 3 day of AUGUST,A.D.2016saayorauuusi,a.d.2016 /\ (SEAL) OCTELMAV.FERBEYREpersonallyknowntome ,#£%RHONDA MPELTAER \'\MY COMMISSION *FF231407 •*.*>$?EXPIRES May 17 2019% i-K.ys&ffl.cas H(ofKiaNoa*tSc*.tec ic*r SOLICITAtlONdOVERl. Tr^.Cily is:&ere:^^ SoliGitalion^aftG^©^ the |ro]e^*ii^^ the Gbrotruct®^ the eiar^in^ ^ereina^refe^^'ffiPip^S'". *interejste&pSr^^comfi^^eii$<^^ orwrfttemoh^ne^ttej^ proposal •»:fis:-dMi!&^ 'kujim^''"""^*• or eritity re^pdndlrigjM^^^Ss^^.^.^,...^^.-..^—.*^^,>s ^ by Offibe of the-Gifyrei^^eR^ 10:00va^itoQd$hiie^^ A public 0^cMf^-'^^l^Ucd:^^B&r«S''.ai:^f^JBif^V<^:9^:-C$^^Ptt^KG^B^@l Commissi^•Chsrrib^Ibc&ted ;&•p^m.\^J^^gi^l^^ Miami 33143. A Non-Mandatoiy Prb-Pfpposal Me^ng.wlij fee OpS^^^ifeci^ Hail in Iter-Qiiri^aty«iM#i^$n^ South Wn%::^^4K^-:illu^?i^2in^.at 1^-a#^i)caB«Sptf^ shaS-ber"'"'"^""'"A"""*"" 8/3 Maria M>MbriiwI&^.SMG^-u City;ClerK/CHytii:^SiitH Mfami •16^123Mob'l3^08M Date: RFP Title: RFP No.: Please Print Clearly m 11 ;:#:?« Name/Title mm WkA'vSoutlfMiami THECITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet August 10,2016 >thSW78in Street&SW62AvenueRoadway ImprovementProject RFP#PW2016-18 Company Name/E-mail Address Telephone No. —../">'J* l?:*--$ti ~-h40 lillliilSIIL .»..«•'"<:"^."I R __..._ :!.••;.••.•:r i-ii ••.•••••i (SSL......_'fcs&S f^H^TO X:\Purchasing\Request for Proposals &Qualification (RFPs)\SW 78Street&SW62 Avenue Roadway Improvements\Pre-Bid\Pre-Bid SW 74St Improvements 7.21.l6.doc BID OPENING REPORT Bids were opened on:Thursday.August 25.2016 after:10:00am For:RFP #PW 2016-18 "SW 78,n St &Sw 62 Av Roadway Improvement Proi COMPANIES THAT SUBMITTED PROPOSALS: 1.FLORIDA CONSTRUCTION &ENGINEERING,INC. 2.JVAENGINEERINGCONTRACTOR,INC 3.MAGGOLC.INC. 4.METRO EXPRESS,INC. AMOUNT: if e>7 THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:/tf&h/a M>MencnJp'ZL-. Print Name / Witness: Print Name Witness::IZfrgft k A J* Dmtnf Nnmo *Print Name Signature rfJnLti-Soutlf Miami THE CTTY OF PLEASANTLIVING CITY OF SOUTH MIAMI SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 Solicitation Cover Letter TheCityof South Miami,Florida (hereinafter referredtoas "CSM")through its chief executive officer (City Manager)hereby solicits sealed proposals responsive tothe City's request (hereinafter referredtoas"Request forProposals"or "RFP").Allreferencesinthis Solicitation (alsoreferredtoasan "Invitation forProposals"or "Invitationto Bid"to"City"shallbeareferencetotheCity Manager,orthemanager'sdesignee,fortheCityof South Miami unless otherwise specifically defined. TheCityisherebyrequestingsealedproposalsinresponseto SW 78 Street &SW 62 Avenue Roadway Improvements."The purpose ofthisSolicitationisto contract for the services necessary for the completion of the project in accordance with the ScopeofServices,(Exhibit I,Attachment A)and,the ScheduleofValues,(Exhibit I,Attachment B),andthe Construction PlansandSiteLocations,(Exhibit I,Attachment C),or theplans and/or specifications,ifany,describedinthis Solicitation (hereinafter referred toas"theProject"or"Project") Interested persons whowishto respond tothisSolicitationcanobtainthe complete Solicitationpackageatthe CityClerk's office Monday through Friday from9:00 a.m.to4:00p.m.orbyaccessingthe following webpage: http://www.southmiamifl.gov/whichistheCityofSouth Miami's webaddressforsolicitationinformation. Proposalsaresubjectto the Standard Terms andConditionscontainedinthe complete SolicitationPackage, includingall documents listedin the Solicitation. The Proposal Package shall consist of one (I)original unbound proposal,one (I)additional copy and one (I)digital (or comparable medium including Flash Drive,DVD or CD)copy all ofwhich shall be deliveredtotheOfficeoftheCityClerklocatedatSouth Miami City Hall,6130 SunsetDrive,South Miami,Florida 33143.TheentireProposalPackageshallbeenclosedinasealedenvelope or container andshallhavethe following Envelope Informationclearlyprinted or writtenonthe exterior oftheenvelopeorcontainerinwhich thesealedproposalisdelivered:"SW 78 Street &SW 62 Avenue Roadway Improvements,"RFP #PW20I6-I8 andthenameoftheRespondent(personorentityrespondingtotheSolicitation.Special envelopessuchas those providedby UPS orFederalExpress will notbeopenedunlesstheycontaintherequired Envelope Information onthefrontorbackofthe envelope.SealedProposalsmustbereceivedbyOfficeofthe CityClerk,either by mail or hand delivery,nolaterthan 10:00 a.m.local time on August 25,2016.Hand delivery must be made Monday through Friday from 8 AM to 5PM to the office of City Clerk. Apublicopening will takeplaceat 10:00 a.m.onthesamedateintheCityCommissionChamberslocatedatCity Hall,6130 SunsetDrive,South Miami 33143.AnyProposalreceivedafter 10:00 a.m.localtimeonsaiddate will not be accepted under any circumstances.AnyuncertaintyregardingthetimeaProposalisreceivedwillbe resolved against the person submitting the proposal andinfavorof the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hallin the Commission Chambers located at 6130 Sunset Drive,South Miami,FL 33143 on August 10,2016 at 10:00 a.m. The conference shallbeheldregardlessof weather conditions.Proposalsaresubjecttotheterms,conditionsand provisionsofthis letter aswellas to those provisions,terms,conditions,affidavits and documents contained inthis Solicitation Package.TheCityreservestherighttoawardtheProjecttothepersonwiththelowest,most responsive,responsible Proposal,as determined bytheCity,subject to the rightof the City,or theCity Commission,to reject anyandall proposals,and the rightof the City to waive any irregularity in the Proposals or Solicitation procedure and subject alsoto the right of the City to award the Project,and execute a contract witha Respondent or Respondents,other thantoonewhoprovided the lowest ProposalPriceor,if the Scopeofthe Work isdividedinto distinct subdivisions,toawardeachsubdivision to a separate Respondent- Maria M.Menendez,CMC CityClerk,Cityof South Miami SCOPE OF SERVICES and SCHEDULE OF VALUES SW 78 Street &.SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 TheScopeofServicesandtheScheduleof Values,if any,aresetforthintheattached EXHIBIT I Thomas F.Pepe 12/10/2015 END OF SECTION SCHEDULE OF EVENTS SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 No Event Date* Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 8/2/2016 11:00 AM 2 Non-Mandatory Pre-RFP Meeting 8/10/2016 10:00 AM 3 Deadline to Submit Questions 8/15/2016 10:00 AM 4 Deadline to City Responses to Questions 8/19/2016 10:00 AM 5 Deadline to Submit RFP Response 8/25/2016 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 9/6/2016 7:00 PM Thomas F.Pepe 12/10/2015 END OF SECTION INSTRUCTIONS for RESPONDENT SW 78 Street 8c SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 ITIS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THESOLICITATION (HEREINAFTER ALSO REFERRED TOASTHE "PROPOSAL" THROUGHOUTTHECONTRACT DOCUMENTS)REACHES THE CITY CLERK ONOR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. 1.PurposeofSolicitation.TheCityofSouth Miami isrequestingproposalsforthelowestandmostresponsive pricefor the Project.TheCity reserves therighttoawardthe contract tothe Respondent whoseproposalis foundtobein the best interests of the City. 2.QualificationofProposingFirm.ResponsesubmittalstothisSolicitation will be considered fromfirms normallyengagedin providing theservicesrequested.Theproposing firm mustdemonstrateadequate experience,organization,offices,equipmentandpersonneltoensurepromptandefficientservicetotheCity ofSouth Miami.TheCityreserves the right,beforerecommendinganyaward,to inspecttheofficesand organizationortotakeany other actionnecessarytodetermine ability toperforminaccordancewiththe specifications,termsand conditions.The City of South Miami will determine whetherthe evidence of ability to performissatisfactoryandreservestherighttoreject all response submittals tothis Solicitation where evidence submitted,or investigation and evaluation,indicates inability ofa firm to perform. 3.Deviations from Specifications.The awarded firm shall clearly indicate,as applicable,all areas in which the services proposed donot fully complywiththerequirementsofthis Solicitation.Thedecisionasto whether anitem fully complies withthestatedrequirementsrests solely withtheCityofSouth Miami. 4.Designated Contact.The awarded firm shall appoint a person toactasa primary contact with the City of South Miami.This personor back-up shall be readily available during normal workhoursby phone,email,orin person,andshallbeknowledgeableof the termsofthecontract. 5.Precedence of Conditions.The proposing firm,by virtue of submitting a response,agrees that City's General Provisions,Termsand Conditions herein will take precedence over any termsand conditions submitted with the response,either appearing separately asan attachment or included within the Proposal.The Contract Documents have been listed below in orderof precedence,with theone having the most precedence being at thetopofthelistandthe remaining documents in descending orderof precedence.This orderof precedence shall apply,unless clearly contrarytothe specific termsofthe Contract-orGeneral Conditions tothe Contract: a)Addenda to Solicitation b)Attachments/Exhibits to c)Solicitation d)Attachment/Exhibits to Supplementary Conditions e)Supplementary Conditions to Contract,if any f)Attachment/Exhibits to Contract g)Contract h)GeneralConditionstoContract,ifany i)Respondent'sProposal 6.Response Withdrawal.After Proposals are opened,corrections or modifications to Proposals arenot permitted,buttheCity may allow the proposing firm to withdraw anerroneous Proposal priortothe confirmation ofthe proposal awardbyCity Commission,if all ofthe following is established: a)The proposing firm acted in good faith in submitting the response; b)Theerrorwasnottheresultof gross negligence or willful inattention onthepartofthe firm; c)The error was discovered and communicated tothe City within twenty-four (24)hours (not including Saturday,Sunday ora legal holiday)of opening the proposals received,along witharequest for permission towithdrawthe firm's Proposal;and d)Thefirm submits an explanation in writing,signed under penalty of perjury,statinghowthe error wasmadeand delivers adequatedocumentationtotheCitytosupportthe explanation andtoshow thatthe error wasnottheresultofgross negligence or willful inattentionnormadeinbad faith. 7.Theterms,provisions,conditions and definitions contained in the Solicitation CoverLetter shall apply tothese instructionstoRespondentsandtheyareherebyadoptedandmadeaparthereofbyreference.Ifthereisa conflict betweentheCoverLetterandthese instructions,oranyother provision ofthis Solicitation,the CoverLetter shall govern andtake precedence overthe conflicting provision(s)in the Solicitation. Thomas F.Pepe 12/10/2015 8.Any questions concerning the Solicitation or any required need for clarification must be made in writing,by 10:00 a.m.August 15,2016 tothe attention ofStevenP.Kulick at skulick@southmiamifl.gov or via facsimile at (305)663-6346. 9.The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given.Interpretations or clarifications,considered necessary by the City in response to such questions,shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications"or "Solicitation")by U.S.mail,e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10.Verbal interpretations or clarifications shall be without legal effect.No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required dateandtimeassetforthinthe public notice. 11.Cone of Silence:You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos.98106 and 99-1.From the time of advertising until the City Manager issues his recommendation,there is a prohibition on verbal communication with the City's professional staff,including the City Manager and his staff.All written communication must comply with the requirements ofthe Cone of Silence.The Cone of Silence does not apply to verbal communications at pre- proposal conferences,verbal presentations before evaluation committees,contract discussions during any duly noticed public meeting,public presentations made tothe City Commission during any duly notice public meeting,contract negotiations withthestaff following theCity Manager's written recommendation forthe award ofthe contract,or communications in writing at any time with any City employee,official or member of the City Commission unless specifically prohibited.A copy of all written communications mustbe contemporaneously filed with the City Manager and City Clerk.In addition,you are required to comply with the City Manager's Administrative Order AO 1-15.If a copy is not attached,please request a copy from the City's Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION,PLEASE BE ADVISED THAT,NOTWITHSTANDING THE MIAMI- DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL,WITH REGARD TO THIS SOLICITATION,ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE,WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION,SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing,the Cone of Silenceshall not apply to... (1)Duly noticed sitevisitsto determine the competency of bidders regardingaparticularbid during the time period between the openingofbidsand the time that the CityManager makes his or her written recommendation; (2)Any emergency procurement ofgoodsorservicespursuantto the Miami-Dade County Administrative Order 3-2; (3)Communications regardingaparticularsolicitation between anypersonand the procurement agent or contracting officer responsible for administering the procurement processforsuch solicitation,provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;and (4)Communications regarding a particular solicitation betweentheprocurementagentor contracting officer,or their designated secretarial/clerical staff responsible for administering the procurement process forsuch solicitation anda member of the selection committee, providedthecommunicationislimitedstrictlyto matters ofprocessorprocedurealready contained in the corresponding solicitation document." 12.Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award ofthe contract orthe contract awarded to said Respondent or proposer voidable,and,in such event,said Respondent or proposer shall notbe considered for any Solicitation including butnot limited to onethat requests any ofthe following a proposal,qualifications,aletterofinterestora bid concerning any contract forthe provision of goods or services fora period ofone year.Contact shall only be made through regularly scheduled Commission meetings,or meetings scheduled through the Purchasing Division,which are forthepurposesof obtaining additional or clarifying information. 13.Lobbying.All firms and their agents who intend to submit,or who submitted,bids or responses for this Solicitation,are hereby placed on formal notice that neither City Commissioners,candidates for City Thomas F.Pepe 12/10/2015 CommissioneroranyemployeeoftheCityofSouth Miami aretobe lobbied either individually orcollectively concerning this Solicitation.Contact shall onlybemade through regularly scheduled Commissionmeetings,or meetings scheduled through the Purchasing Division,which are forthe purposes of obtaining additional or clarifying information. 14.Reservation of Right.TheCity anticipates awarding onecontractforservicesasaresultofthis Solicitation andthesuccessfulfirm will berequestedtoenterintonegotiationstoproduceacontractfortheProject. TheCity,however,reservestheright,initssolediscretion,todoanyofthe following: a)torejectanyand all submitted Responses andto further defineorlimitthescopeofthe award. b)towaiveminor irregularities intheresponsesorintheprocedure required bythe Solicitation documents. c)to request additional information fromfirmsas deemed necessary. d)to makeanaward without discussionorafterlimitednegotiations.It is,therefore,important that all the parts of the Request forProposalbe completed in all respects. e)to negotiate modificationstotheProposal that itdeemsacceptable. f)to terminate negotiationsintheeventtheCitydeemsprogresstowardsa contract tobeinsufficient and to proceedtonegotiatewiththe Respondent whomadethe next best Proposal.TheCity reserves the rightto proceed inthismanneruntilithasnegotiateda contract thatissatisfactoryto the City. g)To modify the Contract Documents.The terms ofthe Contract Documents aregeneraland not necessarily specific tothe Solicitation.Itistherefore anticipated thattheCitymaymodifythese documents tofitthespecificprojector work inquestionand the Respondent,bymakingaProposal, agreestosuchmodificationsandtobeboundbysuchmodifieddocuments. h)to cancel,inwholeor part,any invitation for Proposals whenitisinthebestinterestofthe City, i)toawardtheProjecttothepersonwiththelowest,mostresponsive,responsible Proposal,as determined by the City, j)toawardtheProjectandexecuteacontractwithaRespondentorRespondents,otherthantoone who provided the lowest Proposal Price, k)if the Scopeof the Work isdividedintodistinctsubdivisions,to awardeachsubdivisiontoa separate Respondent. 15.Contingent Fees Prohibited.The proposing firm,by submitting a proposal,warrants thatit has notemployed orretainedacompanyorperson,other thanabonafideemployee,contractororsubcontractor,workingin itsemploy,tosolicitorsecureacontractwiththeCity,andthatithasnot paid oragreedto pay anyperson, company,corporation,individual orfirmotherthanabona fide employee,contractor orsub-consultant, workinginitsemploy,anyfee,commission,percentage,giftorotherconsiderationcontingentuponor resultingfromtheawardormakingofacontractwiththeCity. 16.Public EntityCrimes.Apersonor affiliate oftheRespondentwho has been placed onthe convicted vendor listpursuanttoChapter287 following aconvictionfora public entity crime-may notsubmita Proposal ona contracttoprovideanygoodsor services,oracontractforconstructionorrepairofa public building,may notsubmitproposalsonleasesofrealpropertytoorwiththeCity of South Miami,maynotbeawardeda contracttoperform work asa CONTRACTOR,sub-contractor,supplier,sub-consultant,orconsultantunder acontractwith the CityofSouth Miami,andmaynottransactbusinesswiththeCityofSouth Miami fora periodof36 months fromthedateofbeing placed ontheconvictedvendorlist. 17.Respondents shall usethe Proposal Form(s)furnished bytheCity.Allerasuresand corrections musthavethe initials oftheRespondent'sauthorizedrepresentativeinblueinkatthelocationofeachandeveryerasureand correction.Proposals shall besignedusingblueink;all quotations shall be typewritten,orprintedwithblue ink.Allspaces shall be filled inwiththerequested information orthephrase"not applicable"or"NA".The proposal shall bedeliveredonorbeforethedateandtime,andattheplaceandinsuchmannerassetforthin the Solicitation CoverLetter.Failure todosomaycausethe Proposal to berejected.Failure to include anyof the Proposal Formsmay invalidate the Proposal.Respondent shall delivertotheCity,aspartofits Proposal, the following documents: a)The Invitation for Proposal and Instructions toRespondents. b)A copy of allissuedaddenda. c)The completed ProposalForm fully executed. d)Proposal/Bid Bond,(Bondorcashier'scheck),ifrequired,attachedtotheProposalForm. e)Certificatesof Competency aswellas all applicable State,CountyandCityLicensesheldby Respondent f)CertificateofInsuranceand/orLetterof Insurability. Thomas F.Pepe 12/10/20)5 18.Goods:If goods aretobe provided pursuant to this Solicitation the following applies: a)Brand Names:If a brand name,make,manufacturer's trade name,or vendor catalog number is mentioned in this Solicitation,whether ornot followed by the words "approved equal",it is forthe purpose of establishing a grade or quality of material only.Respondent may offer goods thatare equal tothe goods described in this Solicitation with appropriate identification,samples and/or specifications for such item(s).The City shall be the sole judge concerning the merits of items proposed asequals. b)Pricing:Prices should be stated in units of quantity specified in the Proposal Form.In caseofa discrepancy,theCityreservestherighttomakethe final determinationatthelowestnetcosttothe City. c)Mistake:In the event that unit prices are part ofthe Proposal and if there is a discrepancy between the unit price(s)and the extended price(s),the unit price(s)shall prevail and the extended price(s) shall be adjusted to coincide.Respondents are responsible for checking their calculations.Failure to doso shall beatthe Respondent's risk,and errors shall not release the Respondent from his/her or its responsibility as noted herein. d)Samples:Samples of items,when required,must be furnished by the Respondent free of charge to the City.Each individual sample mustbe labeled withthe Respondent's name and manufacturer's brand name and delivered by it within ten (10)calendar days ofthe Proposal opening unless schedule indicates a different time.If samples are requested subsequent tothe Proposal opening,they shall be delivered within ten (10)calendar days ofthe request.TheCity shall notbe responsible forthe return ofsamples. e)Respondent warrants by signature onthe Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f)Governmental Restrictions:In theevent any governmental restrictions may be imposed which would necessitatealterationofthe material quality,workmanship,orperformanceoftheitemsofferedon this Proposal priortotheir delivery,it shall bethe responsibility ofthe successful Respondentto notify theCityatonce,indicating initsletterthe specific regulation which requiredan alteration.TheCityof South Miami reserves the right toaccept any such alteration,including any priceadjustmentsoccasionedthereby,or to cancel all oranyportionoftheContract,atthesole discretion oftheCityandatnofurtherexpensetotheCitywiththirty(30)days advanced notice. g)Respondent warrantsthatthe prices,termsand conditions quoted in the Proposal shall be firm fora periodofonehundred eighty (180)calendar days fromthedateofthe Proposal opening unless otherwisestatedinthe Proposal Form.Incomplete,unresponsive,irresponsible,vague,or ambiguous responsestothe Solicitation shall becausefor rejection,asdeterminedbytheCity. h)Safety Standards:The Respondent warrantsthatthe product(s)tobe supplied totheCity conform in all respectstothestandardssetforthinthe Occupational Safety andHealthAct (OSHA)andits amendments.Proposalsmustbe accompanied bya Materials Data Safety Sheet (M.S.D.S)when applicable. 19.Liability,Licenses &Permits:The successful Respondent shall assumethe full duty,obligation,andexpenseof obtaining all necessary licenses,permits,and inspections requiredbythis Solicitation andasrequiredby law.TheRespondent shall be liable for any damages orlosstotheCityoccasionedbythe negligence ofthe Respondent (oritsagentor employees)oranyperson acting foror through theRespondent Respondents shall furnish a certified copyof all licenses,Certificates ofCompetencyorother licensing requirement necessarytopracticetheirprofessionand applicable totheworktobeperformedasrequiredby Florida Statutes,the Florida Building Code,Miami-Dade CountyCodeorCityofSouth Miami Code.These documents shall be furnished totheCityaspartoftheProposal.Failure tohaveobtainedtherequired licenses and certifications orto furnish thesedocuments shall begroundsforrejectingtheProposaland forfeitureofthe Proposal/Bid Bond,ifrequiredforthis Project. 20.Respondent shall comply withthe City's insurance requirements assetforthinthe attached EXHIBIT 2, priortoissuanceofanyContract(s)or Award(s)Ifarecommendationforawardofthecontract,or anaward ofthe contract is made before compliance with this provision,the failure to fully and satisfactorily comply with theCity's bonding,ifrequiredforthis project,and insurance requirementsassetforthherein shall authorize theCity to implement arescissionoftheProposalAwardorrescissionofthe recommendation forawardof contractwithoutfurtherCity action.The Respondent,by submitting a Proposal,thereby agrees to hold the City harmless and agrees to indemnify the City and covenants nottosuethe City by virtue of such rescission. 21.Copyrights and/or Patent Rights:Respondent warrants thatastothe manufacturing,producing or selling of goodsintendedtobeshipped or orderedbytheRespondentpursuanttothisProposal,therehasnotbeen, Thomas F.Pepe 12/10/2015 norwilltherebe,anyinfringementofcopyrightsorpatent rights.TheRespondentagreestoindemnifyCity fromanyand all liability,lossor expense occasionedbyanysuchviolationorinfringement. 22.ExecutionofContract:A response to this Solicitation shall not be responsive unless the Respondent signs the formofcontractthatisapartofthe Solicitation package.TheRespondenttothis Solicitation acknowledges thatbysubmittinga response oraproposal,Respondent agreestothe terms oftheform contract and to the terms ofthegeneralconditionstothecontract,bothofwhicharepartofthisSolicitation package.The Respondent agreesthat Respondent's signatureontheBidFormand/ortheformof contract thatisapartof theSolicitationpackageand/or response tothis Solicitation,grantstotheCitytheauthority,onthe Respondent's behalf,to inserted,intoanyblankspacesin the contract documents,informationobtainedfrom theproposaland,attheCity'ssoleandabsolutediscretion,theCitymaytreatthe Respondent's signatureon any of those documents asthe Respondent's signatureon the contract,aftertheappropriateinformationhas beeninserted,aswellasforanyand all purposes,including the enforcement of all of the terms and conditions of the contract. 23.Evaluation of Proposals:TheCity,atitssolediscretion,reservestherighttoinspectthe facilities ofanyor all Respondents todetermineits capability tomeettherequirementsofthe Contract In addition,the price, responsibilityand responsiveness of the Respondent,the financial position,experience,staffing,equipment, materials,references,andpasthistoryofservicetotheCityand/orwithotherunitsofstate,and/or local governments in Florida,or comparable privateentities,willbetakeninto consideration in the Award of the Contract. 24.DrugFreeWorkplace:Failure toprovideproofofcompliancewith Florida StatuteSection287.087,as amended,whenrequested shall becauseforrejectionof the Proposal asdeterminedby the City. 25.Public EntityCrimes:Apersonor affiliate whowas placed ontheConvictedVendorsList following a convictionfora public entitycrimemaynotsubmitaresponseonacontracttoprovideanyservicestoa public entity,maynotsubmit Solicitation on leases of real propertytoa public entity,andmaynottransact businesswithany public entityinexcessofthethresholdamountprovidedinSection 287.017,foraperiodof 36 months fromthedateofbeing placed ontheConvictedVendorsList. 26.Contingent Fees Prohibited:The proposing firm must warrant thatithasnotemployedorretaineda companyorperson,otherthanabona fide employee,contractororsubcontractor,workinginitsemploy,to solicitorsecureacontractwiththeCity,and thatithasnot paid or agreed to pay anyperson,company, corporation,individual or firm otherthanabona fide employee,contractoror sub-consultant,workinginits employ,anyfee,commission,percentage,giftorother consideration contingentuponor resulting fromthe awardormakingofacontractwiththeCity. 27.Hold Harmless:All Respondents shall holdthe City,its officials and employees harmless and covenant notto suetheCity,its officials andemployeesinreferencetoits decisions toreject,award,ornot award acontract, as applicable,unlesstheclaimisbasedsolelyon allegations of fraud and/or collusion.Thesubmissionofa proposal shall actasanagreementbytheRespondentthatthe Proposal/Bid Bond,ifrequiredforthisproject, shall notbe released until and unless the Respondent waives any and all claims thatthe Respondent may have against theCitythat arise outofthis Solicitation process or until a judgment isenteredinthe Respondent's favor inanysuit filed which concernsthis proposal process.In any suchsuit,the prevailing party shall recover itsattorney's fees,courtcostsaswellasexpenses associated withthe litigation.In theeventthat fees,court costsandexpenses associated withthe litigation are awarded totheCity,the Proposal/Bid Bond,if required forthis project,shall be applied tothe payment ofthose costs and any balance shall be paid bythe Respondent. 28.Cancellation:Failure onthepartoftheRespondenttocomplywiththe conditions,specifications, requirements,andtermsasdeterminedbytheCity,shall bejustcausefor cancellation oftheAwardor termination of the contract. 29.BondingRequirements:TheRespondent,whensubmittingthe Proposal,shall include a Proposal/Bid Bond,if requiredforthisproject,intheamountof 5%ofthetotalamountofthebase Proposal onthe Proposal/Bid Bond Form included herein.Acompanyor personal check shall notbedeemeda valid Proposal Security. 30.Performance andPaymentBond:TheCityofSouth Miami mayrequirethe successful Respondentto furnish a Performance BondandPaymentBond,each intheamountof 100%ofthe total.Proposal Price,including Alternatesifany,naming theCityofSouth Miami,andtheentitythatmaybe providing asourceof funding for the Work,asthe obligee,assecurityforthe faithful performanceof the Contractandforthepaymentof all personsorentitiesperforminglabor,servicesand/or furnishing materialsinconnectionherewith.In addition, iftheRespondent'semployeeswillbeworkinginsecureorsensitiveareasoftheCity,the Citymayrequire that the Respondent provides employee bonding,namingtheCityofSouth Miami as the obligeeonthebond. Thebonds shall bewitha surety companyauthorized to dobusinessin the Stateof Florida. Thomas F.Pepe 12/10/2015 30.1.Each Performance Bond shall beintheamountofonehundred percent (100%)ofthe Contract Price guaranteeing toCity the completionand performance ofthe Work covered inthe Contract Documents. 30.2.Each Performance Bondshallcontinueineffectforfiveyearsafter final completion and acceptanceofthe Work withthe liability equaltoonehundred percent (100%)ofthe Contract Sum. 30.3.EachPaymentbondshall guarantee the full paymentofallsuppliers,materialman,laborers,or subcontractor employed pursuant tothisProject. 30.4.EachBondshallbewithaSuretycompanywhose qualifications meet the requirements of insurance companies as set forth in the insurance requirements ofthis solicitation. 30.5.Pursuant to the requirements ofSection255.05,FloridaStatutes,Respondent shall ensure that the Bond(s)referencedabove shall berecordedinthe public recordsof Miami-Dade Countyand provideCITYwithevidenceofsuchrecording. 30.6.Thesuretycompany shall holda current certificateofauthorityasacceptablesuretyonfederal bondsinaccordancewiththeUnitedStatesDepartmentofTreasuryCircular570,current revisions. 31.ProposalGuarantee:Notwithstandingthefactthatthe Respondent,in submitting aproposal,agreestothe termscontainedintheformofcontractthatispartofthis Solicitation package,the successful Respondent, within ten (10)calendardaysofNoticeofAwardbythe City,shall deliver,totheCity,theexecuted Contract and other Contract DocumentsthatprovidefortheRespondent's signature,anddelivertotheCitythe requiredinsurancedocumentationas well asaPerformanceandPayment Bond ifthesebondsarerequired. The Respondent who has the Contract awarded to itand who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall,attheCity'soption,forfeitthe Proposal/Bid Bond/Security that accompanied the Proposal,andthe Proposal/Bid Bond/Security shall be retainedas liquidated damages bythe City.It isagreedthatiftheCityacceptspaymentfromthe Proposal/Bid Bond,thatthissumisafairestimateoftheamountof damages theCity will sustain incasethe Respondent fails to sign theContractDocumentsor fails to furnish therequired Bonds andInsurance documentation.If theCitydoesnotacceptthe Proposal/Bid Bond,theCity may proceedtosueforbreachofcontractifthe Respondent fails to perform in accordance with theContract Documents.Proposal/Bid Bond/Security depositedintheformofacashier's check drawnona local bank ingood standing shall besubjecttothesame requirements asa Proposal/Bid Bond. 32.Pre-proposal Conference Site Visits:If a Mandatory Pre-proposal conference is scheduled for this project,all Respondents shall attend the conference and tour allareas referenced inthe Solicitation Documents.Itshall be grounds for rejecting a Proposal from a Respondent who did notattendthe mandatory pre-proposal conference.No pleas of ignorance by the Respondent of conditions that exist,orthat may hereinafter exist, asa Solicitation result of failure to make the necessary examinations or investigations,or failure to complete anypartofthe Solicitation Package,will beacceptedas basis for varying therequirementsoftheContract with the City of South Miami orthe compensation ofthe Respondent The Respondent following receiptofa survey ofthe property,if applicable,is bound by knowledge that can be seen or surmised from the survey and will notbe entitled to any change orderdueto any such condition.If the survey is provided beforethe proposal is submitted,thecontract price shall include theWork necessitated bythose conditions.Ifthe survey is provided subsequent tothe submission ofthe proposal,the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right toreject the proposal and award thecontracttothe second most responsive,responsible bidder with the lowest price or to reject allbids. 33.Time of Completion:Thetimeisofthe essence with regard tothe completion oftheWorktobe performed undertheContracttobe awarded.Delays and extensions oftime may be allowed onlyin accordance with the provisions statedintheappropriate section oftheContract Documents,including the Proposal Form.No change orders shall be allowed for delays caused by the City,other than for extensions of time to complete the Work. 34.Submittal Requirements:All Proposals shall comply withthe requirements setforthhereinand shall include a fully completed Construction Bid Form found on EXHIBIT 3 which is a part of this Solicitation Package. 35.Cancellation of Bid Solicitation:The City reserves the right to cancel,in whole or part,any request for proposalwhenitisinthebestinterestoftheCity. 36.Respondent shall not discriminate with regard toits hiring of employees or subcontractors orinits purchase of materials or in any way in the performance of its contract if one is awarded,based on race,color,religion, national origin,sex,age,sexualorientation,disability,or familial status. 37.All respondents,atthetimeof bid opening,must have fulfilled all prior obligations and commitments tothe City in orderto have their bid considered,including all financial obligations.Prior tothe acceptance of any bid proposal or quotation,the City's Finance Department shall certify thatthereareno outstanding fines,monies, Thomas F.Pepe 12/10/2015 fees,taxes,liens orother charges,owedtothe City by the Respondent any ofthe Respondent's principal, partners,membersorstockholders (collectively referredtoas"RespondentDebtors").A bid,proposalor quotation will notbe accepted until all outstanding debtsof all Respondent Debtors owed tothe city are paid in full.Nobidderwhoisin default ofanypriorcontract with theCity may have theirbid considered untilthe defaultiscuredtothe satisfaction oftheCity Manager. 38.Bid Protest Procedure.See attached EXHIBIT 9 39.Evaluation Criteria:Ifthisprojectistobeevaluatedbyan Evaluation Committee,the evaluation criteriais attached as N/A. END OF SECTION Thomas F.Pepe 12/10/2015 10 Thischecklistindicatesth by the deadline set for \ consideration of respon: identified inan addendurr Propc X propc mediu X Indenr X Consi X Signe< and S X Perfo requi X X Respoi List of A Non- X Publi X X Dru| Ackr X Affid X Rela X Pres Submit this checklist al< .and/or documents. Thomas F.Pepe 12/10/2015 Proposal Submittal Checklist Form 78Street&SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 ,-ms and documents required to be submitted for this solicitation and to be presented ,n the solicitation.Fulfillment of all solicitation requirements listedhs mandatory for o the solicitation.Additional documents may be required and,if so,they will be this Solicitation.The response shall include the following items: H3EEI to be Completed IF MARKED WITH AN "X' Package shall consist of one (I)original unbound one (I)additional copy and one (I)digital (or comparable -.eluding Flash Drive,DVD or CD)copy cation and Insurance Documents EXHIBIT 2 tionBidForm EXHIBIT3 jntract Documents (All -including General Conditions .ementary Conditions if attached)EXHIBIT 4,5,<£6 nee and Payment Bonds (As a Condition Award.Not with Submittal)EXHIBIT?&8 nsQualification Statement oposed Subcontrartors^an^rMncipal Suppliers -rrjsTon Affidavit .uty Crimes and Conflicts of Interest ?e Workplace •ledgement of Conformance with OSHA Standards i Concerning Federal &State Vendor Listings Party Transaction Verification Form ition Team Declaration/Affidavit of Representation Check Completed. with your proposal indicating the completion and submission of each required forms END OF SECTION RESPONDENT QUALIFICATION STATEMENT SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 The response to this questionnaire shall be utilized as part ofthe CITY'S overall Proposal Evalu;on and RESPONDENT selection. 1.Numberofsimilarprojectscompleted, a)Inthepast5years Inthepast5yearsOnSchedule b)Inthepast 10 years Inthepast 10 yearsOnSchedule 2.List the last three (3)completed similar projects. a)Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contra'"Completion Date: ^:ual Final ^_4-~rt Completion Date: Original Contract Price: Actual Final Contract Price: b)Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Thomas F.Pepe 12/10/2015 12 RESPONDENT QUALIFICATION STATEMENT SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 The response tothis questionnaire shallbeutilizedaspartoftheCITY'SoverallProposalEvaluationand RESPONDENT selection. 1.Number ofsimilar projects completed, a)In the past 5 years (0 In the past 5 years On Schedule 10 b)In the past 10 years /o In the past 10 years On Schedule /6> 2.List the last three (3)completed similarprojects. a)Project Name:^*\\xt*\^Lon^KO v^,WA t^s Owner Name:C^\m V»f (WcJ ^oAqUs Owner Address:2c300 5lP "}Z.Av£' Owner Telephone:3Q<T-»W6»Q-^TDi&> Original Contract CompletionTime *\, (Days):/]&><<$> b) Thomas F.Pepe 12/10/201S Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price:ffi 2t OOP ,OOP-<=>o Actual Final Contract Price:3*?,OOQ QQ<D'po Project Name:^cA^vOqlV^(^^^LcjgL Owner Name:Q^Vm ^\\lc*V^(£o/dg<£> Owner Address:/&(pS U(jU ~7 2-A~^£ Owner Telephone:30S —(*2*'2-~m 8>0QO OriginalContract Completion Time (Days): Qi/iH -/*//£" fr I IS /80 cWp Original Contract Completion Date://~<s 0/7 Actual Final Contract Completion C?~-^(O/S Date:\"~ Original Contract Price://>OO & Actual Final Contract Price 13S^\OOP 12 c)Project Name: Owner Name: Owner Address: Owner Telephone:ifor-H)<q-/">^^ Original Contract Completion Time (Days): Original Contract Completion Date: ActualFinal Contract Completion Date: Original Contract Price: Actual Final Contract Price: 3.Current workload w II -2oi3 Z-2ol M |.jtdd.000.00 ^>0O OOO-00 Project Name Owner Name Telephone Number Contract Price ~0^e-oAAacLj?c< \o')(NJ^C\A \Mfcy r^sS •""Mi'w ~r 'T u 4.Thefollowing information shallbe attached totheproposal. a)RESPONDENT'Shomeofficeorganizationchart. b)RESPONDENT'S proposed project organizational chart. c)Resumesof proposed key project personnel,including on-site Superintendent. 5.List and describe any: Thomas F.Pepe 12/10/2015 I- a)Bankruptcy petitions filed byor against the Respondent or any predecessor organizations,[j//± b)Any arbitration or civil or criminal proceedings,or ^j /*. Suspensionofcontractsor debarring from Bidding orRespondingbyany public agencybrought c)against the Respondent in the last five (5)years ij jk 6.Government References: List other Government AgenciesorQuasi-GovernmentAgenciesforwhichyouhavedonebusiness withinthepast five (5)years. of Agency:-CqtU &l (Vol Qobkg Address:280O Sul)^2***j^ft Telephone No.:30^-^3 3 —0 l ">3 Contact Person:__\\jJY\JL cS^fCXMC^ Type of Project:^oaAocx^^rouoqy,0^iaJCi\^ Name of Agency:Ca,VM ftD VUofWU.GsordO^S Address:^8^0^U^21 M^ Telephone No.:-3^^-Q>^-^2.—&(DOO Contact Person:Oo>cU e*-4 ^iOSqO Type of Project:^fNaduJCU^fco^qy 4^,^^IK Name of Agency:Qa\o frfl VUg^Vu^ Address:WWM ~SCaJ 2°^ftl>4 Telephone No.:301—H/(o~/Q3^ Contact Person:Y(2C^cO <S>JL V"A (TX\f\ Type of Project:ykgCxd>^c^^qvac^.^do (jJal^ Thomas F.Pepe 12/10/2015 14 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 Respondent shall list all proposed subcontractors,if subcontractors are allowed by the terms ofthis Solicitation beusedonthisprojectiftheyareawardedtheContract. Classification of Work Subcontractor Name Address Telephone,Fax & Email Landscape SoddingandTurf Work Electrical Irrigation Paving Graphics Utilities Excavation Building Structures Plumbing Painting TestingLaboratory Soil Fumigator Signs 4->^c-rA.iayH!l.f\3JI5H Other: I -Ul^f —^_J _}vu»•<• This list shall be provided tothe City of South Miami by the apparent lowest responsive and responsible Bidder within five (5)business days after Bid Opening. Thomas F.Pepe 12/10/2015 END OF SECTION IS NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTYOF MIAMI-DADE ) <v(?VaC>^>^(Cg0.hfiCg£>being first duly sworn,deposes and states that: ©/She/They<9are the rCQ-&xcJ&aaA(I) (Owner,Partner,Officer,Representative or Agent)of 'K^\CO ~*ZkL^*eSS ^"Xoo 'the Respondent that has submitted the attachedProposal: (2)He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal: (3)Such Proposal is genuine and is nota collusive or sham Proposal; (4)Neither the said Respondent nor any of its officers,partners,owners,agents,representatives, employees or parties in interest,including this affiant,have in any way colluded,conspired,connived or agreed,directly or Indirectly,with any other Respondent,firm,or person to submit a collusive or sham Proposal in connection with tl-e Work for which the attached Proposal has been submitted:or to refrain from Bidding or proposing in connection with such Work;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Respondent,firm,or person to fix any overhead,profit,or cost elements of the Proposal orof any other Respondent,orto fix any overhead,profit,orcost elements ofthe Proposal Price orthe Proposal Price of any other Respondent,orto secure through any collusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),or any person interested in the proposed Work; (5)The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,conspiracy,connivance,or unlawful agreement onthe part ofthe Respondent or any other of its agents,representatives,owners,employees or parties of interest,including this affiant. Signed,sealed ancktelivered inthe presence of: By: Signature T}<>-~o/r~ Witness *s PrintNameandTitle Q8/2 5r//^ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the 25"day °*h >°y i^202±,before me.the undersigned Notary Public of the State ippeared (N*me(s)of individual(s)who appeared before notarv*of Florida,personally appeared (Ntfme(s)of individual(s)who appeared before notary) Thomas F.Pepe 12/10/2015 16 5fe\io A-\oasoi»cgs instrument,andhe/she/theyacknowledgethathe/she/theyexecuted WITNESS myhandand official seal. NOTARY PUBLIC: SEAL OF OFFICE: and whose name(s)is/areSubscribedto the within OFFICIAL NOTARY SEAL ELAYNE PATRICIA REINA HAYEK NOTARY PUBLIC STATE OF FlOftlDA COMMISSION #FF102081 MY GOMM.EXPIRES:JULY 7.2018 Thomas F.Pepe 12/10/2015 17 (Nameof Natary Public:PrintStamportypeascommissioned.) Personallyknowntome,or Personal identification: Name of Nats Type ofjdentification Produced Did take an oath,or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes-"Apersonor affiliate whohasbeen placed ontheconvictedvendorlist following aconvictionfora public entitycrimemaynotsubmita Proposal orbidonaContractto provide anygoodsor services toa public entity,maynotsubmita Bid or proposal foraContractwitha public entityforthe construction of repair ofa public building or public work,may notsubmitbidsorproposalsonleasesorrealpropertytoapublicentity,maynotbeawardedto perform Work asa RESPONDENT.Sub-contractor,supplier,Sub-consultant,orConsultantunderaContractwithany public entity,andmay not transactbusinesswithanypublicentityin excess ofthethresholdamountCategoryTwoof Section 287.017,Florida Statutes,forthirtysix(36)monthsfromthedateofbeingplacedontheconvictedvendor list". Theawardofany contract hereunderissubjecttotheprovisionsofChapter 112.FloridaState Statutes.Respondents mustdisclosewiththeir Proposals,thenameofanyofficer,director,partner,associateor agentwhoisalsoanofficeror employee oftheCityofSouth Miami oritsagencies. 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 [print rjhmeof the publicentity]\yi 1111 iumicui uic puuuv ci [printindividual'snameandtitle]for r\p,Vvp ^,-v^^e^s,t:SL^o . [printnameofentitysubmittingswornstatement] whose business address tificatiand(if applicable)its Federal Employer Identification Number (FEIN)is 6^—Q~\I I Q~l~\(If the entityhasno FEIN,includethe Social SecurityNumberofthe individual signing thisswornstatement: rr^.) I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes, meansa violation ofanystateor federal law bya person withrespectto and directly relatedtothe transaction ofbusinesswithany public entityorwithan agency or political subdivision ofanyotherstate orofthe United States,including,butnot limited to,any bid.proposal orcontract for goodsor 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. I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b).Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,withorwithoutan adjudication of guilt,in any federal or state trial courtof record relating to charges brought by indictment or information after July I,1989,as a result ofa jury verdict,non-jury trial,or entry ofa plea of guilty or nolo contendere. I understand thatan "affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes,means: (a)Apredecessoror successor ofa person convicted ofa public entity crime:or (b)An entity under the control of any natural person whois active in the management ofthe entity andwhohasbeenconvictedofa public entitycrime.Theterm "affiliate"includes those officers. Thomas F.Pepe 12/10/2015 18 directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate.The ownership by one person of shares constituting a controlling Interest In any person,ora pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall bea prima facie case that one person controls another person.A person who knowingly entersintoa joint venture witha person whohasbeen convicted ofa public entity crime in Florida during the preceding 36months shall be considered an affiliate. 5.I understand thata "person"as defined in Paragraph 287.133 (I)(e),Florida Statutes,means any natural person orentity organized under the laws of any stateorofthe United States withthe legal powertoenterintoa binding contractandwhichbidsor proposal or applies tobidor proposal on contractsforthe provision ofgoodsor services letbya public entity,orwhichotherwisetransactsor appliestotransactbusinesswitha public entity.Theterm"person"includesthoseofficers,directors, executives,partners,shareholders,employees,members,andagents who areactivein management ofan entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entitysubmittingthisswornstatement.[Indicate which statement applies.] X Neither the entity submitting this sworn statement,nor any of its officers,directors,executives, partners,shareholders,employees,members,oragents who areactiveinthemanagementof the entity, norany affiliate ofthe entity hasbeenchargedwithandconvictedofapublicentitycrime subsequent to July I,1989. Theentitysubmittingthisswornstatement,oroneormoreofitsofficers,directors,executives, partners,shareholders,employees,members,oragents who areactiveinthemanagementof the entity, oran affiliate ofthe entity hasbeenchargedwithandconvictedofapublic entity crime subsequent to July I,1989. Theentitysubmittingthisswornstatement,oroneormoreofitsofficers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management oftheentity, oran affiliate oftheentityhasbeenchargedwithandconvictedofapublicentitycrime subsequent of July 1,1989.However,therehasbeenasubsequentproceedingbeforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearings and the Final Orderenteredbythe Hearing Officer determined thatitwasnotinthepublicinteresttoplacetheentitysubmittingthissworn statement on theconvicted vendor list,[attachacopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVEISFORTHAT PUBLIC ENTITYONLY,AND THATTHIS FORM ISVALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORMTHEPUBLICENTITYPRIORTOENTERING INTO A CONTRACT INEXCESSOFTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017.FLORIDA STATUTES,FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.* A SJLb>OJ^^KJ^ Sworn to and subscribed before me this 6*~>day ofy\QQoSi .20/ft Personally known *__ OR Produced identification My commission expires (Typeof identification)(Printed,typedorstamped commissioned FormPUR7068 (Rev.06/11/92)nameofnotary public) Thomas f,Pepe 12/10/2015 19 DRUG FREE WORKPLACE Whenever two or more BidsorProposalswhichareequalwith respect toprice,qualityandserviceare received bytheStateorbyany political subdivisions fortheprocurementofcommoditiesor contractual services,a Bid or Proposal receivedfromabusinessthatcertifiesthatithasimplementedadrug-freeworkplaceprogram shall be givenpreferenceintheawardprocess.Established proceduresforprocessingtieBidsor Proposals shall be followedifnoneofthetied vendors haveadrug-freeworkplaceprogram.In order tohaveadrug-freeworkplace program,abusiness shall: 1)Publish a statement notifying employees thattheunlawfulmanufacture,distribution,dispensing, possession,oruseofacontrolledsubstanceisprohibitedinthe workplace andspecifyingthe actionsthatshallbetakenagainst employees forviolationsofsuchprohibition. 2)Inform employees aboutthedangersofdrugabuseintheworkplace,the business'policyof maintainingadrug-freeworkplace,any available drugcounseling,rehabilitation,and employee assistanceprograms,andthepenaltiesthatmaybeimposedupon employees fordrugabuse violations. 3)Giveeach employee engagedinprovidingthe commodities or contractual servicesthatareunder Bidacopy of the statement specifiedinSubsection (I). 4)In the statement specifiedinSubsection (I),notifythe employees,that,asa condition of working ofthe commodities orcontractualservicesthatareunder Bid,he employee shall abidebythe terms of the statement and shall notifythe employee ofany conviction of,orplea of guiltyor nolo contendere to,anyviolationofChapter893or of any controlled substance law of the United Statesoranystate,foraviolationoccurringintheworkplacenolaterthan five (5)businessdays after such conviction. 5)Imposeasanctionon,orrequirethe satisfactory participation inadrugabuse assistance or rehabilitationprogram,ifsuchis available inthe employee's community,byany employee whois so convicted. 6)Make agood faith efforttocontinueto maintain adrug-freeworkplacethroughimplementation of this section. Asthepersonauthorizedto sign thestatement,I certifythatthis firm complies fully withtheaboverequirements. RESPONDENTS Signature:^]^*^C^Ca^ Print Name:vJ^AxQ "X •^SobqcgS Date:Q3 /"ZS JJL> Thomas F.Pepe 12/10/2015 20 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We.HeW>-fe^x)c€^S>7Sr<L,(Name of CONTRACTOR),hereby acknowledge and agree that as CONTRACTOR for tlte SW 7ft Street&SW 62 Avenue Roadway Improvements Project RFP #PW20I6-I8 project as specified have the sole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Act of 1970,and all State and local safety and health regulations,and agree to indemnify and hold harmless the CityofSouth Miami and SRS Engineering(Consultant.if any)against any and all liability,claims,damages,losses and expenses they may incur due to the failure of (Sub-contractor's names): tocomplywithsuchactor regulation. CONTRACTOR ,{T~^^__Witness BY:OcAlP A-KCC^oboce-S Name Title Vtf&lAl\AjV Thomas F.Pepe 12/10/2015 21 9~ 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". If the Respondent's name Does appear on one or all the "Listings"summarized below,Respondents must "Check ifApplies"nexttothe applicable "Listing."The "Listings"can be accessed through the following link tothe Florida Department ofManagementServiceswebsite: httjx//wvvw^ mde<LdLS£a!lUQ3tQr _DECLARATIONUNDERPENALTYOFPERJURY \r*Q\KQ A•UcyaoixxeS (hereinafter referred to as the "Declarant")state,under penalty of perjury, thatthe following statements aretrueand correct: (1)I represent the Respondent whose name is YlgVfl)"S-xQ *£SS/3nr>c*~. (2)I have the following relationship with the Respondent r^^SidfrVA^(Owner (if Respondent is a sole proprietor),President (if Respondent isa corporation)Partner (if Respondent isa 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.com/business_operations/sute_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendorJists (4)I have entered an "x"ora check mark beside each listing/category set forth below if the Respondent's name appears in the list found onthe Florida Department of Management Services website for that category or listing.If I did notentera mark beside a listing/category,it means that I am attesting tothe fact thatthe Respondent's name does not appear onthe listing for that category in the Florida Department of Management Services website as of the date of thisaffidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory VendorList Federal Excluded PartiesList Vendor Complaint List FURTHER DECLARANT SAYETH NOT._ (PrintnameofDeclarant) ^(Signature of Declarant) ACKNOWLEDGEMENT STATEOFFLORIDA) COUNTY OF MIAMI-DADE ) On this the2^day of ^QiX^V 20 /fr ,before me,the undersigned authority,personally appeared JX&UjP A*\roa^to?^who is personally know r9 mp or who provided the following identification and who took an oath or affirmedjhat that he/she/they executed the foregoing Affidavit astheDeclarant. WITNESS myhandand official seal. NOTARY PUBLIC: SEAL ^FICIAL NOTARY 5JtML ELAYNE PATRICIA RE1NA HAYEK Thomas F,Pepe *£*h N01ARY PU&UC $1 ATE OF FlOAlOA 12/10/2015 **$COMMISSION »FF102081«o m*COMMISSION »FF102081 ^%W MY COMM.EXPIRES:JULY 7.W» (NameofNotary Public:Print, Stamportypeas commissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM _,individuallyandonbehalfof ("Firm")have Name ofRepresentative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 ofthe City's Code of Ordinances and I hereby certify,under penalty of perjury that to the best of my knowledge,informationandbelief: (1)neither I nor the Firm have any conflict of interest (as defined in section 8A-1)with regard tothe contract or business that 1,and/or the Firm,am(are)aboutto perform for,orto transact with,the City,and (2)neither I nor any employees,officers,directors ofthe Firm,nor anyone who has a financial interest greater than 5%in the Firm,has any relative(s),as defined in section 8A-I,who is an employee ofthe City or who is(are) an appointed or elected official ofthe City,orwho is(are)a member of any public body created bythe City Commission,i.e.,a board or committee ofthe City,[while the ethics code still applies,ifthe person executing this form is doing so on behalf ofa firm whose stock is publicly traded,the statement in this section (2)shall be based solely onthe signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees orthosewho have a financial interest in the Firm.];and (3)neither I nor the Firm,nor anyone who has a financial interest greater than 5%in the Firm,nor any member of those persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)has transacted orentered into any contract(s)withthe City or has a financial interest,direct or indirect,in any business being transacted with the city,or with any person or agency acting for the city,other than as follows: _(if necessary,use a separate sheet to supply additional information that will not fit on this line:however,you mustmake reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stockis publicly traded,thestatementinthis section (3)shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation as tothe relationship ofthosewho havea financial interestinthe Firm.];and (4)no elected and/or appointed official or employee ofthe City of South Miami,or any of their immediate family members (i.e.,spouse,parents,children,brothers and sisters)has a financial interest,directly or indirectly,inthe contractbetweenyouand/oryour Firm andtheCityotherthanthe following individuals whoseinterestisset forth following their names:_____ (if necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath). Thenamesof all Cityemployeesandthatof all elected and/or appointed city officials or board members,who own,directlyor indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthe firm are as follows: (if necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust make reference,ontheabove line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscode still applies,ifthepersonexecutingthisformisdoingsoon behalf ofa firm whosestockis publicly traded,thestatementinthissection(4)shall be based solelyonthe signatory's personal knowledgeand he/she isnot required tomakean independent investigation astothe financial interestinthe Firm ofcity employees,appointed officials ortheimmediate family membersofelectedand/or appointed official oremployee.] (5)I andthe Firm further agree nottouseorattempttouseany knowledge,propertyorresourcewhichmay come to usthrough our positionof trust,or through our performance ofourdutiesunderthe terms of the contractwiththe City,tosecurea special privilege,benefit,or exemption forourselves,orothers.We agreethat wemaynotdiscloseoruseinformation,not available tomembersofthegeneral public,forourpersonal gain or benefitorforthe personal gain orbenefitofanyother person or business entity,outsideofthe normal gain or benefitanticipatedthrough the performance of the contract (6)I andthe Firm herebyacknowledgethatwehavenotcontractedortransactedanybusinesswiththeCityor anypersonoragencyactingfor the City,and that wehavenotappearedin representation ofanythirdparty Thomas F.Pepe 12/10/2015 23 beforeanyboard,commi follows: necessary,use a separate make reference,on the a X:\PurchasingWendorRe (7)Neither I noranyem; spouse,son,daughter,pa Commission;(ii)anycity information that will not sheet and the additional 5 executingthisformisdo shallbebasedsolelyont investigationastothere of their immediate family (8)No Other Firm,nor than 5%in that Other Fir brothers and sisters)nor respondedtoa solicitatic interest greater than5% children,brothers and si necessary,usea separate make reference,on the i [while theethicscodest publicly traded,thestate he/she is not required tc to their officers,directo> persons'immediate fami (9)I andtheFirmagree change in circumstances responses toasolicitatic all Related Parties who I partiestomeandthe Fi; (10)A violation oftheC Verification Form,may s imposition ofthe maxinr andsubjecttoactionby havemadeadiligent effc made hereinabove are t Signature: Print Name &Title:. Date: Thomas F.Pepe 12/10/2015 or agency of the City within the past two years other than as .(if •t to supply additional information that will not fit on this line;however,you must line,to the additional sheet and the additional sheet must be signed under oath). ition\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx es,officers,or directors of the Firm,nor any of their immediate family (i.e.,as a brother or sister)is related by blood or marriage to:(i)any member of the City ioyee;or (iii)any member of any board or agency of the City other than as follows: (if necessary,use a separate sheet to supply additional i this line;however,you must make reference,on the above line,to the additional •must be signed under oath),[while the ethics code still applies,if the person o on behalf ofa firm whose stock is publicly traded,the statement in this section (7) gnatory's personal knowledge and he/she is not required to make an independent iship by blood or marriage of employees,officers,or directors of the Firm,or of any ny appointed or elected officials of the City,or to their immediate family members]. officers or directors ofthatOther Firm or anyone who has a financial interest greater or any member of those persons*immediate family (i.e.,spouse,parents,children, of my immediate family members (hereinafter referred to as "Related Parties")has /the City in which Ior the Firm that I represent or anyone who has a financial e Firm,or any member ofthose persons'immediate family (i.e.spouse,parents, .)have also responded,other than the following: (*,f etto supply additional information that will not fit on this line;however,you must e line,to the additional sheet and the additional sheet must be signed under oath). plies,if the person executing this form is doing so on behalf of a firm whose stock is t in this section (8)shall be based solely on the signatory's personal knowledge and Ke an independent investigation into the Other Firm,or the Firm he/she represents,as anyone having a financial interest in those Firms or any of their any member of those we are obligated to supplement this Verification Form and inform the City of any would change our answers to this document.Specifically,after the opening of any and the Firm have an obligation to supplement this Verification Form with the name of also responded to the same solicitation and to disclose the relationship of those Ethics Code,the giving of any false information or the failure to supplement this ct me orthe Firm to immediate termination of any agreement with the City,and the fine and/or any penalties allowed by law.Additionally,violations may be considered by Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I o investigate the matters to which I am attesting hereinabove and that the statements ind correcttothebestof my knowledge,information and belief. 24 before any board,commission or agency ofthe City within the past two years othe. follows: necessary,usea separate sheetto supply additional information that will not fit on make reference,on the above line,to the additional sheet and the additional sheet X:\Purchasing\Vendor Registration 12.28.12 RELATED PARTY TRANSACTION Vf (7)Neither Inor any employees,officers,or directors of the Firm,nor any of their spouse,son,daughter,parent,brother or sister)is related by blood or marriage t& Commission;(ii)any city employee;or (Hi)any member of any board or agency of t! 7-7 .(If necessary,use a sepnr information that will not fit on this line;however,you must make reference,on the sheet and the additional sheet must be signed under oath),(while the ethics code executing this form is doing so on behalf of a firm whose stock is publicly traded v shall be based solely on the signatory's personal knowledge and he/she is not requ: investigation as to the relationship by blood or marriage ofemployees,officers,or oftheir immediate family to any appointed or elected officials ofthe City,or to the. (8)No Other Firm,nor any officers or directors of that Other Firm or anyone wh. than 5%in that Other Firm,nor any member of those persons*immediate family (i brothers and sisters)nor any of my immediate family members (hereinafter referr< responded to a solicitation by the City in which Ior the Firm that I represent or a» interest greater than 5%in the Firm,or any member of those persons'immediate children,brothers and sisters)have also responded,other than the following: an as (if line:however,you must it be signed underoath). ICATION FORM [3].docx nediate family (i.e.,asa anymemberoftheCity City other thanasfollows: ?sheettosupplyadditional >ve line,to the additional applies,iftheperson >atement inthissection(7) omakean independent :torsofthe Firm,orof any ^mediate family members]. .s a financial interest greater spouse,parents,children, )as "Related Parties")has ie who hasa financial y(i.e.spouse,parents, (if line:however,you must »t be signed under oath), alf of afirm whose stock is s personal knowledge and e Firm he/sherepresents,as theirany member of those necessary,usea separate sheetto supply additional information that will notfiton make reference,on the above line,to the additional sheet and the additional sheet [while the ethics code still applies,if the person executing this form is doing so on publicly traded,the statement in this section (8)shall be based solely on the signal, he/she is not required to make an independent investigation into the Other Firm,c to their officers,directors or anyone having a financial interest in those Firms or ai persons'immediate family.] (9)I and the Firm agree that we are obligated to supplement this Verification Forn change in circumstances that would change our answers to this document.Specific responses toa solicitation.I and the Firm have an obligation to supplement this Ve all Related Parties who have also responded tothe same solicitation and to disclos parties to me and the Firm. (10)A violation of the City's Ethics Code,the giving ofany false information or the Verification Form,may subject me or the Firm to immediate termination of any agr imposition of the maximum fine and/or any penalties allowed by law.Additionally,x and subject to action by the Miami-Dade County Commission on Ethics.Under per have made adiligent effort to investigate the matters to which Iam attesting hereii made hereinabove are true and correct to the best of my knowledge,information Signature:\^JL^C*s \•^v^x^Ny ~ Print Name &Title:I&g.Uo ^TxctSobcx^/\&e>\^L\aA Date:08 /2g//Q> !informtheCityofany aftertheopeningofany .ition Form with the name of erelationship of those Thomas F.Pepe 12/10/2015 24 jre to supplement this lentwiththeCity,andthe ?tions maybeconsideredby /ofperjury,I declarethat I we and that the statements 1 belief. Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation, Thissection shall bedesignatedandknownasthe "City ofSouth Miami Conflictof Interest andCodeofEthics Ordinance."Thissection shall be applicable to all citypersonnelasdefinedbelow,andshallalso constitute a standardofethicalconductandbehaviorforallautonomouspersonnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.Theprovisionsofthissection shall beappliedina cumulative manner.By wayofexample,andnotasalimitation,subsections(c)and(d)maybeappliedtothesame contract or transaction. (b)Definitions,Forthepurposesofthissectionthe following definitions shall be effective: (1)Theterm "commission members"shall refertothemayorandthemembersofthecity commission. (2)Theterm"autonomouspersonnel"shall refertothemembersofautonomousauthorities,boardsand agencies, suchasthecitycommunityredevelopmentagencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,the environmental review and preservation board,the code enforcement board andsuch other individuals,boards and agenciesof the cityas perform quasi-judicial functions. (4)The term "advisorypersonnel"shall refertothemembersof those cityadvisoryboardsandagencieswhose sole or primaryresponsibilityis to recommend legislation or giveadvicetothecitycommission. (5)The term "departmental personnel"shallrefertothecityclerk,the citymanager,department heads,the city attorney,andallassistantstothecityclerk,citymanagerandcity attorney,however titled. (6)Theterm"employees"shall refertoall other personnelemployedbythecity. (7)The term "compensation"shallrefertoanymoney,gift,favor,thingofvalue or financial benefit conferred,or to be conferred,in return for services rendered or to be rendered. (8)The term "controllingfinancial interest"shall refer toownership,directly or indirectly,often percent or more ofthe outstanding capital stock inany corporation or a direct or indirect interest often percent or more inafirm, partnership,or other business entity at the time oftransactingbusinesswiththecity. (9)The term "immediate family"shallrefertothespouse,parents,children,brothers andsistersofthe person involved. (10)The term "transactanybusiness"shall refer tothepurchase or salebythecityofspecificgoods or services for consideration andtosubmittingabid,a proposal in response toaSolicitation,a statement ofqualificationsin response to a request by the city,or entering into contract negotiationsforthe provision onany goods or services,whichever first occurs. (c)Prohibitionon transacting business with the city. No person includedinthe terms definedinparagraphs (b)(1)through(6)andinparagraph(b)(9)shall enter into any contract or transact anybusinessinwhich that personoramemberoftheimmediate family hasa financial interest,direct or indirect with the cityorany person oragencyactingforthecity,andanysuch contract, agreement or business engagement entered inviolationofthissubsectionshall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.Nothing inthis subsection shall prohibit or make illegal: (1)Thepaymentoftaxes,special assessments orfeesforservicesprovidedby the city government; (2)Thepurchaseofbonds,anticipationnotes or other securities that maybeissuedbythecitythrough underwriters or directlyfrom time to time. Waiver of prohibition.The requirements ofthissubsectionmaybewaivedforaparticulartransactiononlybyfour affirmative votes ofthecitycommission after publichearinguponfindingthat: (1)Anopen-to-allsealedcompetitiveproposalhasbeensubmittedbyacitypersonasdefinedinparagraphs(b)(2), (3)and(4); (2)The proposal hasbeen submitted bya person or firm offeringserviceswithinthe scope ofthepracticeof architecture,professionalengineering,or registered landsurveying,asdefinedby the lawsofthe state and pursuanttotheprovisionsofthe Consultants'CompetitiveNegotiationAct,andwhen the proposalhasbeen submitted byacity person definedinparagraphs(b)(2),(3)and(4); (3)The property or servicestobe involved intheproposedtransactionareuniqueandthecitycannot avail itself ofsuch property or services without enteringatransactionwhichwouldviolatethis subsection butforwaiverof its requirements;and (4)That the proposed transaction willbein the best interest of the city. This subsection shallbeapplicableonlyto prospective transactions,andthecitycommissionmayinnocaseratifya transaction entered in violation of this subsection. Provisions cumulative.This subsection shallbe taken to be cumulative andshall not be construed to amend or repeal any other law pertaining to the same subject matter. (d)Further prohibition on transacting business withthecity, Thomas F.Pepe 12/10/2015 25 Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enter into any contract ortransactanybusinessthroughafirm,corporation,partnershiporbusinessentityinwhich that personoranymemberoftheimmediate family hasacontrollingfinancial interest,directorindirect,withthecity or anypersonoragencyactingfor the city,andanysuchcontract,agreement or businessengagement entered in violation ofthissubsection shall render thetransaction voidable.The remaining provisionsofsubsection(c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,noperson included inthetermdefinedin paragraph (b)(1)shall voteon or participateinanywayin anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationshipswithanyofthe personsorentities which wouldbeor might bedirectlyor indirectly affected byanyactionofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinanyinstancethetransactionormatterwouldaffectthe persondefinedinparagraph (b)(1)inamannerdistinctfromthemannerinwhichitwouldaffectthe public generally.Any person included intheterm defined in paragraph (b)(1)whohas any ofthe specified relationships or who would or might,directly or indirectly,realize aprofitbythe action ofthe city commission shall notvoteonor participate inanywayin the matter. (E)Gifts, (1)Definition.Theterm "gift"shall refertothetransferof anything ofeconomic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemor promise,orinanyotherform,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(l)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members of one's household,unless the person is a conduit on behalf ofa third party to the delivery ofa gift thatis prohibited under paragraph (3); c.Awardsforprofessional or civicachievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(l)through (6)shall neither solicit nor demand any gift.Itis also unlawful foranypersonorentityto offer,give oragreeto give to any person included intheterms defined in paragraphs (b)(I)through (6),orfor any person included in theterms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfromanotherpersonorentity,any gift fororbecause of: a.An official public action taken,ortobe taken,or which could be taken,oran omission or failure totakea public action; b.A legal duty performed ortobe performed,or which could be performed,or an omission or failure to perform alegalduty; c.A legal duty violated ortobe violated,or which could be violated by any person included in theterm defined in paragraph (b)(1);or d.Attendance or absence from a public meeting at which official action istobe taken. (4)Disclosure.Any person included in the term defined in paragraphs (b)(1)through (6)shall disclose any gift,or series of gifts from anyone person or entity,having a value in excess of $25.00.The disclosure shall be made by filing acopyofthe disclosure form required by chapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the clerk ofthe county and with the Florida Secretary ofState. (f)Compulsory disclosure byemployeesof firms doing business withthe city. Should any person included in the terms defined in paragraphs (b)(1)through (6)be employed by a corporation, firm,partnership or business entity in which that person orthe immediate family does not have a controlling financial interest,and should the corporation,firm,partnership or business entity have substantial business commitments toor from the city or any city agency,orbe subject to direct regulation by the city oracity agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall corruptly useorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidential information. No person included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in anybusinessor professional activity whichonemight reasonably expectwouldrequireor induce oneto disclose confidential information acquiredbyreasonofan official position,nor shall thatpersoninfactever disclose confidential information garneredor gained throughan official position withthe city,nor shall thatpersoneveruse such information,directly or indirectly,for personal gain or benefit. Thomas F.Pepe 12/10/2015 26 (i)Conflicting employment prohibited. Nopersonincludedinthetermsdefinedinparagraphs (b)(1)through(6)shallaccept other employmentwhich wouldimpair independence ofjudgmentinthe performance ofanypublicduties. (j)Prohibitionon outside employment, (1)Noperson included intheterms defined in paragraphs (b)(6)shall receiveanycompensationforservicesasan officer oremployeeofthecityfromanysourceotherthanthe city,exceptasmaybepermittedas follows: a.Generally prohibited.No full-time cityemployee shall acceptoutside employment,either incidental,occasionalor otherwise,wherecitytime,equipmentor material istobeusedorwheresuchemploymentoranypart thereof is tobe performed oncitytime. b.When permitted.A full-time cityemployeemayaccept incidental or occasional outsideemploymentsolongas suchemploymentisnotcontrary,detrimentaloradversetothe interest ofthecity or anyofitsdepartmentsand theapproval required in subparagraph c.is obtained. c.Approval ofdepartmentheadrequired.Any outside employment byany full-time city employee mustfirstbe approvedinwritingbytheemployee'sdepartmentheadwho shall maintain acompleterecordofsuch employment. d.Penalty.Any person convicted of violating any provision ofthis subsection shall be punished as provided in section l-l I oftheCodeof Miami-Dade County and,in addition shall besubjectto dismissal bythe appointing authority.Thecity may alsoassess against aviolatora fine nottoexceed $500.00 andthecostsof investigation incurredby the city. (2)All full-time city employees engaged in any outside employment for any person,firm,corporation orentity otherthanthe city,oranyofits agencies or instrumentalities,shall file,underoath,an annual report indicating the sourceoftheoutside employment,thenatureofthework being doneand any amountof money orother consideration received bythe employee fromtheoutside employment.City employee reports shall be filed with the city clerk.Thereports shall be available ata reasonable timeand place for inspection by the public.The city manager mayrequire monthly reportsfrom individual employees orgroupsofemployeesforgoodcause. (k)Prohibited investments. No person included in theterms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will createa substantial conflict between private interests andthepublic interest (I)Certain appearances and payment prohibited, (1)No person included in theterms defined in paragraphs (b)(1),(5)and (6)shall appear before any cityboardor agency andmakeapresentationon behalf ofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit sought by the third person.Nor shall the person receive any compensation or gift,directly or indirectly,for services renderedtoa third person,who has applied fororis seeking some benefit from the city ora city agency,in connection with the particular benefit soughtbythethirdperson.Nor shall thepersonappearin any courtorbefore any administrative tribunal as counselor legal advisor toapartywho seeks legal relief from the city ora city agency throughthesuitin question. (2)No person included in theterms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission or agency onwhichthepersonserves,eitherdirectlyorthroughanassociate,andmakea presentation on behalf ofathirdperson with respectto any matter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orother benefit sought bythethird person.Nor shall such person receive any compensation or gift,directly or indirectly,for services renderedtoathirdpartywhohas applied fororis seeking some benefit from the city commission or agency on which theperson serves in connection with the particular benefit sought by thethird party.Nor shall the person appear in any courtor before any administrative tribunal as counselor legal advisor toathird party who seeks legal relief from the city commission or agency on which such personservesthroughthesuitinquestion. (m)Actions prohibited when financial interests involved. No person included in theterms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which that person or any member ofthe immediate family has a financial interest.A financial interest is defined in this subsection to include,butnotbe limited to,any direct or indirect interest inanyinvestment,equity,or debt. (n)Acquiring financial interests. No person included in theterms defined in paragraphs (b)(1)through (6)shall acquire a financial interest in a project,business entityorpropertyatatimewhentheperson believes or has reasonto believe thatthe financial interest may be directly affected by official actions orby official actions by the city or city agency of which the personisan official,officeroremployee. (0)Recommending professional services, Thomas F.Pepe 12/10/2015 27 No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,toassistin any transaction involving the city or any ofits agencies,provided thata recommendation may properlybemadewhenrequiredtobemadebythedutiesof office and in advance ata public meeting attended byother city officials,officers or employees. (p)Continuingapplication after cityservice, (1)No person included intheterms defined in paragraphs (b)(I),(5)and (6)shall,fora period oftwo years after his orher city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,Solicitation,RFQ,bid,request for ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subjea matterinwhichthecityoroneofits agencies isapartyorhasanyinterestwhatever,whetherdirector indirect.Nothing contained inthis subsection shall prohibit any individual from submitting aroutine administrative requestor application toacitydepartmentor agency duringthetwo-yearperiodafterhisorher service has ceased. (2)The provisions ofthe subsection 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 ofthoseentitiesin their official capacities. (3)The provisions ofthissubsection shall apply to all personsdescribedin paragraph (p)(l)whosecityserviceor employment ceased after theeffective date of the ordinance fromwhichthis section derives. (4)Noperson described in paragraph (p)(l)whose city service or employment ceased within two years priorto the effective dateofthisordinance shall foraperiodoftwoyearsafterhisorherserviceor employment enter intoa lobbying contractto lobby anycity official in connection withany subjea described in paragraph (p)(l)in which thecity or oneofits agencies isapartyorhasany direa and substantial interest;andin which heorshe participated directlyor indirectly through decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,during his orher city service or employment.Aperson participated "directly" whereheorshewas substantially involved intheparticular subjea matterthrough decision,approval,disapproval, recommendation,therenderingofadvice,investigation,orotherwise,duringhisorhercityserviceor employment.Apersonparticipated"indirealy"whereheorshe knowingly participated inanywayintheparticular subject matter throughdecision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityserviceoremployment All personscoveredbythis paragraph shall executean affidavit onaformapprovedbythecityattorneypriorto lobbying anycity official attestingthatthe requirementsofthissubsectiondonotprecludethepersonfrom lobbying city officials. (5)Anypersonwho violates thissubsection shall besubjecttothe penalties provided in seaion 8A-2(p). (q)City attorney to renderopinionson request Wheneveranyperson included intheterms defined in paragraphs (b)(1)through(6)and paragraph (b)(9)isin doubt asto the proper interpretation or applicationofthisconfliaof interest and code ofethicsordinance,or wheneveranypersonwhorendersservicestothecityisindoubtastothe applicability oftheordinancethat person,maysubmittothecity attorney a full written statement ofthefactsandquestions.Thecity attorney shall thenrenderanopiniontosuchpersonand shall publishtheseopinionswithoutuseofthenameoftheperson advisedunless the person permits the useofaname. (Ord No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted3-2-99,repealed §§8A-I and8A-2intheirentiretyandreplaced them withnew§§ 8A-Iand8A-2.Former §§8A-Iand 8A-2 pertainedtodeclarationofpolicyanddefinitions,respectively,and derivedfrom Ord.No.634,§§I (I A-1),I (IA-2)adoptedJan.II,1969. Thomas F.Pepe 12/10/2015 END OF SECTION 28 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation;however,itmaybe used to avoid the need to register members of your presentation team as lobbyists.Pursuant to City Ordinance 28-14- 2206 (c)(9),any person who appears asa representative foran individual orfirmforanoral presentation before aCity certification,evaluation,selection,technical review or similar committee,shalllistonan affidavit provided by the City staff,allindividualswhomay make a presentation.Theaffidavitshallbe filedby staff with the Clerk's officeat the time the committee's proposal is submitted to the City Manager.For the purpose of this subsection only,the listed members of the presentation team,with the exception ofany person otherwise required to register asa lobbyist,shall not be required to pay any registration fees.No person shall appear before any committee on behalf of an anyone unless heor she has been listedas part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the CityClerk's office asa lobbyist andhaspaidall applicable lobbyist registration fees. Pursuant to '92.525(2),Florida Statutes,the undersigned,,makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents.Please note;No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office asa lobbyist andhaspaidall applicable lobbyist registration fees. NAME TITLE Forthepurposeofthis Affidavit ofRepresentationonly,thelistedmembersof the presentation team, withtheexceptionofanypersonotherwiserequiredtoregisterasalobbyist,shallnotberequiredto payany registration fees.TheAffidavitof Representation shallbefiledwith the CityClerk'sofficeat the timethecommittee'sproposalissubmittedtothe City aspartoftheprocurementprocess. Underpenaltiesofperjury,I declarethat I havereadtheforegoingdeclarationand that thefactsstated initaretrueandspecifically that thepersonslistedaboveare the membersof the presentation teamof the entity listed below. Executedthisdayof ,20. Signature of Representative PrintNameandTitle Printnameofentitybeing represented Thomas F.Pepe 12/10/2015 29 NOTICE OF AWARD SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 The City has considered the Proposal submitted by your firm forthe SW 78th Street &SW 62 Avenue Roadway Improvement Project RFP #PW20I6-I8 in response toits advertisement for Request for Proposaland Instruaions toRespondents. You arehereby notified thatyour Proposal has been accepted forthe SW 78th Street &SW 62 Avenue Roadway Improvement Project RFP #PW2016-18 in the lump sum amount of$, broken down as follows: BaseProposal: Alternate #1: Alternate #2: Alternate #3: YouarerequiredbytheInstruaionsto Respondents toexecutetheContractDocumentsatthetimeof submittal of proposal andto furnish any required Performance Bond,Payment Bond,and insurance documents (see Proposal Submittal Checklist Form)within ten (10)dayfromthedateofthisnoticeto you. Notwithstandingthe faa thatyouhaveagreed,byrespondingtothe Solicitation,tothetermsofthe contraa attachedtothe Solicitation package,ifyou fail toexecute said Contractandto furnish saidbonds,therequired insurancedocumentation within ten (10)calendar daysfromthedateofthis notice,the CITY shall havetheright andbeentitled,initssoleandabsolutediscretion,to disqualify theProposal,revoketheawardandretainthe Proposal/Bid Bond/Security.Please be advised thatifthe contraa price exceeds $5,000.00 orifitisa multi-year contract requiringpayment out of more thanone year's appropriation,theawardand the contraa mustbe approvedbytheCityCommissionbeforeitis binding ontheCity. BY: Steven Alexander City Manager Datedthisdayof ,20 ACCEPTANCE OF NOTICE Receiptof the above Notice ofAwardisherebyacknowledgedby Onthisthedayof ,20. BY: TITLE: Youare required to return anacknowledgedcopyofthisNoticeofAwardto the CityManager. Thomas F.Pepe 12/10/2015 END OF SECTION 30 NOTICE TO PROCEED PUBLIC CONSTRUCTION CONTRACT SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 TO:DATE: PROJECT DESCRIPTION:SW 78 Street &SW 62 Avenue Roadway Improvements Project RFP #PW20I6-I8 in accordance withPlansandspecifications,ifany,asmaybe prepared inwhole or in part by CONSULTANT,referenced intheSupplementaryConditionsand Contract Documents. Youareherebynotifiedto commence Work in accordance with the Contraa dated ,on or before .Youareto complete the work within 90 calendar days.Thedateofcompletionofall Work is therefore 20 CityofSouth Miami BY: (printname) CityManager,or designee ACCEPTANCE OF NOTICE ReceiptoftheaboveNoticetoProceedisherebyacknowledgedby onthisdayof ,20. BY: TITLE: Thomas F.Pepe 12/10/2015 END OF SECTION 31 Exhibit #I "Attachment A" Scope of Services &Schedule of Values/Summary of Quantities SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 I.Scope ofWork: Scope ofwork involves performing road resurfacing,striping and drainage work within the City of South Miami and shall comply with applicable standards,including butnot limited tothe FDOT and the Miami Dade County Public Works standards.Work covered underthiscontract shall also include andisnot limited to maintenance of traffic,off duty Police officers,drainage,milling,clearing &grubbing,asphalt placement,andstriping. Roadway Resurfacing: Scope of work involves performing I"milling and I"resurfacing with Type S-lll asphaltic concrete atthe locations described below.All striping shall be thermoplastic paint.Temporary paint shall be included withinthethermoplasticpaintitem. If the limerock base is impacted within the milling process,the base will need tobe reworked and compacted to comply with Miami Dade County Public Works standards and specifications. Drainage: The construction is to be performed per specifications and the construction documents of Roadway and Sidewalk Improvements at 6231 SW 78th Street,prepared by SRS Engineering.This includes,but is not limited to,the furnishing of all labor,material,tools,equipment,machinery,disposal of all materials, superintendence and services necessary for the completion ofthe construction ofthe project. Importantnote:Allconcretework will bedone byothers. The awarded vendor must obtain any permits required.The City will waive all City permit fees.Permits that may be required by other agencies will be the responsibility of the awarded vendor,including applicablefees. Off duty Police officers will be required for lane closures.An allowance will be provided for 60 hours of off duty Police officers.The off-duty Police officer hours item is an estimate.Selected contractor will be required to apply for a right of way permit,during which time Police will evaluate the MOT plan and assess if an off-duty police officer will be required.If the contractor believes that more than 60 hours are required for this project,the contractor shall adjust the quantities and total cost for this item in the proposal.If the number of hours required is less than the proposed number of hours,the difference shall becreditedtotheCity. Work activity is limited to the hours from 7:00 am.through 6:00 p.m.,on weekdays from Monday through Friday.' II.Site Locations: The projea is located on SW 78th Street,between SW 63rd Avenue and SW 62nd Avenue,and SW 62nd Avenue between South Dixie Highway and SW 78th Street,inclusive of the intersection at SW 78th Street and SW 62"Avenue.The limits are defined in the exhibit tided "Exhibit I,Attachment C Construction Plans and Site Locations".' Values utilized for the purpose of this RFP are approximate.Contractor is responsible to field verify the areas,and quantities asperthe limits defined by the sketch for each location. Thomas F.Pepe 12/10/2015 32 SZIS SUBMnTING THE BID PACKAGE,THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE. 5mam™INJ®ARE TO PROVIDE A FEE BREAKDOWN INCLUDING UNIT COST AND ?.«™TEfI0R EACH TASK ,N°LUDED IN THE LUMP SUM PRICE;INCLUDING BUT NOTLIMITEDTO:MOBILIZATION,MAINTENACE OF TRAFFIC,OFF DUTY POLICEJtSES^ASPHALTIC CONCRETE),MILLING ASPHALT,STRIPING REFER TO EXHIBIT 3 "CONSTRUCTION BID FORM."THE CITY WILL AWARD THE ENTIRE om™~T0 A SINGLE CONTRACTOR BASED ON THE LUMP SUM AMOUNT SUBMITTED. III.Plansand Specifications: Plans prepared by SRS Engineering,titled "Roadway and Sidewalk Improvements at 6231 SW 78th Street* areapartofthis RFP bywayofreference. IV.Project Duration &Liquidated Damages: The current estimate to complete construction of the project is 60 calendar days substantial completion.Thermoplastic paint shall be installed 30 calendar days after substantial completion.From the Notice to Proceed,the project is to be completed in 90 total calendar days. Note:Uquidated Dama&s shall be paid by the Contractor at the rate of $1,000,00 dollars per day,plus any monies paid by the Owner to the Consultant,if any,for additional engineering and inspection services,if any, associated with such delay, V.Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed,including installation byan authorized dealer. A Performance and Payment Bond is required for the full amountofthe project Thomas F.Pepe 12/10/2015 END OF SECTION 33 PAYITMES NO. 110-1-1 101-1 102-1 102-14 160-4 327-70-1 285-706 334-1-13 425-1-901 443-70-4 711-11-111 711-11-122 711-11-124 711-11-224 711-11-125 711-11-211 711-11-131 711-11-231 711-11-151 711-11-251 711-11-170 711-11-160 705-11-3 Exhibit #I "Attachment B" Schedule of Values/Summary of Quantities SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 Schedule of Values DESCRIPTION ClearingandGrubbing Mobilization Maintenance of Traffic Traffic Control Officer TypeB stabilization 12"(LBR 40) Milling Existing Pavement (1"avg.depth) Limerock base(8")(Primed)(Single Course) Type S-lll AsphaltConcretefor1"Nominal resurfacing,incl. bituminous tack coat CatchBasinTypePas per MDCPW Standards SD-2.6 ExfiltrationTrench(18"HDPE) 6"Solid White Thermoplastic Paint 6"SolidWhite Thermoplastic Paint 18"Solid White Thermoplastic Paint 18"SolidYellow Thermoplastic Paint 24"SolidWhiteThermoplasticPaint 6"Yellow Thermoplastic Paint 6"WhiteSkip (10'-30')ThermoplasticPaint 6"Yellow Skip (lO^O1)ThermoplasticPaint 6"WhiteSkip (2-4')ThermoplasticPaint 6"YellowSkip (2'-4')ThermoplasticPaint White Arrow Merge Message Tubular Marker 30"High with 3"x8"Dbl.Yellow Type 4 Sheeting UNIT LS LS LS MH SY SY SY TN EA LF NM LF LF LF LF NM GM GM LF LF EA EA EA QTY.Unit Price Cost 80 45 3600 192 6820 192 392 25 0.25 404 345 85 75 0.3 0.05 0.05 52 114 32 TOTAL 110-1-1ClearingandGrubbing This item includes the asphalt pavement removal (asphalt,base and sub-base)and sod removal for new asphalt pavement as per SRS Engineering Drawings (asphalt removal is approx.84 SY and sod removal is approx.154 SY). 102-14 Traffic Control Officer The off-duty Police officer hours item is an estimate.Selected contractor will be required to apply for a right of way permit,during which Police will evaluate the MOT plan and assess if an off-duty police officer will be required.If the contractor believes that more than 80 hours are required for this project,the contractor shall adjust the quantities and total cost for this item in the proposal.If the number of hours required is less than the proposed number of hours,the differenceshallbecreditedtothe City. 334-1-13 Type S-lll Asphalt Concrete for1"Nominal resurfacing Thomas F.Pepe 12/10/2015 34 <pP Quantities shown in SRS Engineering drawings for asphalt work is included in this pay item.The FC-9 5(2"Thick)is included in this pay item and shall be replaced with asphalt Type S-lll. All concrete work such as curbing,new sidewalk and driveways as depicted in the SRS Engineering Drawings are not to be included within this RFP.This work is to be done by others. Cost for Thermoplastic paint shall include temporary paint. All Pay Items are referring tothe FDOT standards and specifications Thomas F.Pepe 12/10/2015 END OF SECTION 35 1* Thomas F.Pepe 12/10/2015 Exhibit #I "Attachment C" Construction Plans and Site Locations SW 78 Street &SW 62Avenue Roadway Improvements RFP#PW20I6-I8 36 % •4 4 ^ SW 78 Street &SW 62 Avenue Roadway Improvement Project Location )' EXHIBIT 2 SW 78 Street&SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 Insurance&Indemnification Requirements 1.01 Insurance A.Without limiting its liability,the contractor,consultant or consulting firm (hereinafter referred to as "FIRM"with regard to Insurance and Indemnification requirements)shall be required to procure and maintain at its own expense during the life of the Contract,insurance of the types and in the minimum amounts stated below as will protect the FIRM,from claims which may arise outofor result from the contract orthe performance of the contract with the City of South Miami,whether such claim is against the FIRM or any sub-contractor,or by anyone direcdy or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B.No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY'S sole and absolute discretion.The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida,on forms approved by the State of Florida,as will protect the FIRM,at a minimum,from all claims as set forth below which may arise out of or result from the FIRM'S operations under the Contraa and for which the FIRM may be legally liable,whether such operations be by the FIRM or by aSubcontractor or by anyone directly or indirectiy employed by any ofthem,or by anyone for whose acts any ofthem may be liable:(a)claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;(b)claims for damages because ofbodily injury,occupational sickness or disease,or death of the FIRM's employees;(c)claims for damages because of bodily injury,sickness or disease,or death of any person other than the FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage;(e)claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting there from;(f)claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle;(g)claims for bodily injury or property damage arising out of completed operations;and (h)claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract 102 firm's Insurance Generally.The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter),the insurance coverage written on Florida approved forms and as set forth below: 1°3 Workers'Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers'Compensation Law"of the 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 at the statutory coverage amount The FIRM shall further insure that all of its Subcontractors maintain appropriate levels ofWorker's Compensation Insurance. 1-04 Commercial Comprehensive General Liability insurance with broad form endorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000 per person; •Property Damage:$500,000 each occurrence; 1°5 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,006,000 per claim and $2,000,000 Annual Aggregate.Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements,as filed by the Insurance Services Office,and must include: (a)Premises andOperation (b)Independent Contractors (c)Products and/or Completed Operations Hazard Thomas F.Pepe 12/10/2015 42 ^T (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadFormPropertyDamage (f)Broad Form Contractual Coverage applicable tothis specific Contract,including anyhold harmless and/orindemnification agreement (g)PersonalInjuryCoveragewithEmployeeandContractualExclusions removed,with minimumlimitsof coverageequal to those requiredfor Bodily Injury Liability andPropertyDamage Liability. 1.06 Business Automobile Liability withminimum limits ofOne Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limitfor Bodily Injury Liability andPropertyDamage Liability.Umbrellacoveragemustbeaffordedonaformno more restrictivethan thelatesteditionofthe Business Automobile Liability policy,withoutrestrictiveendorsements,as filed bywiththe state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS:The FIRM agrees thatifanypartofthe Work undertheContractissublet,the subcontract shall containthesameinsuranceprovisionas set forthinsection 5.1 aboveand5.4belowand substituting thewordSubcontractorfortheword FIRM andsubstitutingtheword FIRM forCITYwhere applicable. 1.08 Fire andExtendedCoverage Insurance (Builders'Risk).IF APPUCABLE: A.In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable to the CITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,whileinthe course of 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 in the Contract,orifthe machinery is located ina building thatisbeingrenovatedbyreasonofthis contract The amount of insurancemust,at all times,beatleast equal tothe replacement and actual cash value ofthe insured property.The policy shall beinthe name of theCITYandtheCONTRACTOR,astheirinterest may appear,and shall also coverthe interests of all Subcontractorsperforming Work. B.All ofthe provisions set forth in Section 5.4 herein below shall apply tothis coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A.If any notice of cancellation of insurance or change in coverage is issued bythe insurance company or should any insurance have an expiration date that will occur during the period ofthis contract,the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation,change,or expirationsoastoprovidecontinuouscoverageas specified inthissectionandsoasto maintain coverage during the life of this Contract B.All deductibles mustbe declared bythe FIRM and must be approved bythe CITY.Atthe option ofthe CITY,either the FIRM shall eliminate or reduce such deductible orthe FIRM shall procure a Bond,in a form satisfactory totheCITY covering the same. C.The policies shall contain waiver of subrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have.The CITY reserves the right at any time to request a copy,ofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium payment ofthe CITY as well as contractual liability provision covering the Contractors duty to indemnify theCityas provided inthis Agreement D.Before starting theWork,the FIRM shall deliver totheCITYandCONSULTANT certificates of such insurance,acceptable tothe CITY,as well as the insurance binder,if one is issued,the insurance policy, including the declaration page and all applicable endorsements and provide the name,address and telephone number ofthe insurance agent or broker through whom the policy was obtained.The insurer shall be rated A.VII orbetter per A.M.Best's Key Rating Guide,latest edition and authorized to issue insurance in the State of Florida.All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration ofthe contract period with the CITY.The FIRM may be required by the CITY,at its sole discretion,to provide a "certified copy"ofthe Policy (as defined in Article I ofthis document)which shall include the declaration page and all required endorsements.In addition,the FIRM shall deliver,atthe time of delivery ofthe insurance certificate,the following endorsements: (I)a policy provision or an endorsement with substantially similar provisions as follows: Thomas F.Pepe 12/10/2015 43 ^ "The City of South Miami is an additional insured.The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury",'property damage',or "personal and advertising injury"and it will provide tothe City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage Aand coverage B"; (2)a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10)days advanced written notice ofthe intent to materially modify the policy orto cancel or terminate the policy for any reason.The notification shall be delivered tothe CHy by certified mail,with proofofdeliverytotheCity." E.If the FIRM is providing professional services,such as would be provided by an architect,engineer, attorney,or accountant,to name a few,thenin such event and in addition totheabove requirements, the FIRM shall also provide Professional Liability Insurance ona Florida approved form in the amount of $1,000,000 with deductible per claim if any,notto exceed 5%ofthe limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising outofthe services orwork performed bythe FIRM its agents,representatives,Sub Contractors or assigns,orby any person employed or retained by him in connection withthisAgreementThis insurance shall be maintained for four years after completion ofthe construction and acceptance of any Project covered by this Agreement However,the FIRM may purchase Specific Project Professional Liability Insurance,in the amount and under the terms specified above,which is also acceptable.No insurance shall be issued bya surplus lines carrier unless authorized in writing bythecityatthe city's sole,absolute and unfettered discretion. Indemnification Requirement A.The Contractor accepts and voluntarily incurs all risks of any injuries,damages,or harm which might arise during theworkoreventthatis occurring onthe CITY'S property duetothe negligence orother fault ofthe ContractororanyoneactingthroughoronbehalfoftheContractor. B.The Contractor shall indemnify,defend,save and hold CITY,its officers,affiliates,employees, successors and assigns,harmless from anyand all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcost and expenses,including reasonable attorney's fees,paralegal fees and investigative costs incidental thereto and incurred prior to,during or following any litigation,mediation,arbitration and at all appellate levels,which maybe suffered by,or accrued against,charged toor recoverable from theCityof South Miami,its officers,affiliates,employees,successors and assigns,by reason of any causes of actions or claim of any kind or nature,including claims for injury to,or death of any person or persons and for the loss or damage to any propertyarising outofa negligent error,omission,misconduct,oranygross negligence,intentional actor harmful conduct ofthe Contractor,its contractor/subcontractor or any oftheir officers,directors,agents,representatives, employees,or assigns,or anyone acting through oron behalf ofanyofthem,arising outofthis Agreement, incident to it,or resulting from the performance or non-performance ofthe Contractor's obligations underthis AGREEMENT. C.TheContractor shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connection therewith,including theexpenseorlossoftheCITYand/orits affected officers,affiliates,employees, successors and assigns,including their attorney's fees,inthe defense of any action in law orequity brought against themand arising fromthe negligent error,omission,oractofthe Contractor,itsSub-Contractororanyoftheir agents,representatives,employees,or assigns,and/or arising out of,orincidentto,this Agreement,orincident to or resulting fromtheperformanceornon-performanceoftheContractor's obligations underthis AGREEMENT. D.TheContractor agrees and recognizes thatneithertheCITYnorits officers,affiliates,employees, successors and assigns shall beheld liable or responsible forany claims,including thecostsandexpensesof defending such claims whichmayresultfromorarise out ofactionsoromissions of theContractor,its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,oranyone acting through oronbehalfofthethem,and arising outofor concerning the work oreventthatisoccurringonthe CITYs property.In reviewing,approving orrejectingany submissions oractsoftheContractor,CITYinnoway assumes or shares responsibility or liability fortheactsor omissions ofthe Contractor,its contractor/subcontractor orany oftheir agents,representatives,employees,or assigns,or anyone acting throughoron behalf ofthem. E.TheContractorhasthedutyto provide a defense withanattorneyorlaw firm approved bytheCity ofSouth Miami,which approval will notbe unreasonably withheld. Thomas F.Pepe 12/10/2015 44 ^ F.However,asto design professional contracts,and pursuant to Section 725.08 (I),Florida Statutes, none ofthe provisions setforth herein above thatarein conflict with this subparagraph shall apply andthis subparagraph shall setforththesole 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,andcosts,including,butnot limited to, reasonable attorneys'fees,totheextent caused bythe negligence,recklessness,or intentionally wrongful conduct ofthe design professional andother persons employed or utilized bythe design professional inthe performance of the contract END OF SECTION Thomas F.Pepe 12/10/2015 45 EXHIBIT 3 SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander CityManager CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 I.IfthisProposalisaccepted,the undersigned Respondentagreesto enter intoaContractwiththeCityof South Miami intheform included inthis Solicitation Package andtoperformand furnish all workas specified or indicatedinthis Solicitation,including assetforthin Exhibit I (Scope of Services)forthe Proposed Priceas set forth below,withinthe Contract Timeandin accordance withthe other terms and conditionsoftheSolicitation Package. 2Respondentaccepts all ofthetermsand conditions ofthe Solicitation and Instructions to Respondents, including without limitation those dealing withthe disposition of Proposal/Bid Bond,ifrequired.This Proposal will remain subject to acceptance for 180 calendar days afterthe day ofthe Proposal Opening. TheRespondent,by signing andsubmittingthis proposal,agreestoallofthetermsandconditionsofthe formofcontractthatisapartofthe Solicitation package with appropriate changes to conform tothe information contained in this Bid Form.Respondent agrees to sign and submit the Bonds,if required by this Solicitation,required insurance documents,andother documents requiredbythe Solicitation, including theContractifnot already submitted,within ten (10)calendar days afterthedateoftheCity's Notice of Award. 3.InsubmittingthisProposal,Respondentrepresentsthat: a.Respondent has examined copies of all the Solicitation Documents andofthe following Addenda,if any (receiptofallwhichishereby acknowledged.) Addendum No.1,3.Dated:Q&/oe//G &&/»//(*. b.Respondent has familiarized himself with the nature and extent ofthe Contract Documents,the proposed work,site,locality,and all local conditions and laws and regulations thatinany manner may affect cost, progress,performanceor furnishing oftheWork. c.Subsurface conditions:If applicable to this Solicitation,the Respondent represents that i.Respondent has studied carefully all reportsand drawings,if applicable,of subsurface conditions and drawingsof physical conditions, ii.Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)allsuch examinations,investigations,explorations,testsandstudiesinadditiontoorto supplement those referred to in this paragraph which pertain tothe subsurface or physical conditions atthesiteor otherwise may affect the cost,progress,performance,orthe furnishing ofthe Work at the Contraa Price,withinthe Contract Timeandin accordance with the other terms andconditions oftheContract Documents.The Respondent hereby acknowledges thatno additional examinations, investigations,explorations,tests,reportsor similar information ordataare,or will,be required by Respondent for any reason in connection with the Proposal.The failure ofthe Respondent to request a pre-bid marking ofthe construction sitebyanyor all utility companies shall createan irrefutable presumption thatthe Respondent's bid.or proposal price,has taken into consideration all possible underground conditions and Respondent,if awarded the contract,shall notbe entitled toa change order forany such condition discovered thereafter, iii.Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reports andstudieswiththe terms and conditions of the Contract Documents, iv.Respondenthasreviewedandcheckedallinformationanddatashownorindicatedinthe Solicitation Package orinthe Contract Documents with respect to existing Underground Facilities or conditions Thomas F.Pepe 12/10/2015 46 ator contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work.No additional examinations,investigations, explorations,tests,reports or similar information or data in respect to any Underground Facilities or conditions are.or will be.required by Respondent in order to perform and furnish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subjea to adjustment for future discovery of underground facilities and/or conditions that affect thecostofthe Work and unless the respondent makes a written request to the City for additional information priorto submitting the bid or proposal as required in subsection ii above, d.Respondent has given the City written notice of all conflicts,errors or discrepancies that it has discovered in the Contract Documents and,if any conflicts,errors or discrepancies have been found 'and notice given,the Respondent represents,by submitting its proposal to the City,that the Respondent has received sufficient notice of the resolution thereof from the City,that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts,errors or discrepancies. e.This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person,firm or corporation and is not submitted pursuant to any agreement or rules of any group,association, organization,or corporation;Respondent has not directly or indirealy 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 otherwise to obtain for itself any advantage over any othsr Respondent or over the CITY. 4.Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all ofthe Work complete and in place.The Schedule of Values,if required,is provided for the purpose of Proposal Evaluation and when initiated by the CITY,it shall form the basis for calculating the pricing ofchange orders.The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule ofValues,except to the extent that the CITY changes the Scope of the Work after the Contract Date.As such,the Respondent shall furnish all labor,materials,equipment tools,superintendence and services necessary to provide a complete,in place.Project for the Proposal Price.If this Solicitation requires the completion of a Cost and Technical Proposal,as may be set forth in inan exhibit tothis Solicitation,suchproposal must be attached tothisBidFormandwill take the place ofthe Lump Sum Price,otherwise,the Contract Price for the completed work is as follows:^4 k ±u LUMPSUM BASE PRICE:dollars and r^O cents Alternates:#I #2_ A fee breakdown for each task included inthe 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 90 calendar days from the commencement date set forth in the NOTICE TO PROCEED.Failure to complete the entire work during the described time period shall result inthe assessment of liquidated damages as may beset forth in the Contract. 6.Insert the following information for future communication with you concerning this Proposal: RESPONDENT:V\gA rO ^T>«gSS tIS^g.• Address:^WHZ lOUJ /Q*f St- Telephone:J>&?~88S~/3SO_ facsimile:3dlT-88iW32"> Contact Person gAftn £-\rogsobpTgg 7.The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents,unless specifically defined in this Solicitation Package. Thomas F.Pepe 12/10/2015 47 Ifa cost&technical proposal is required bythe Solicitation.Respondent hereby certifies thatallofthe facts and responses tothe questions posed in the cost &technicalproposal,if such an exhibit is made apartofthe Solicitation,aretrueandcorrectandare hereby adopted aspartof this Construction Bid Form,andaremadeapartofthis proposal,byreference. By submitting this proposal,I,on behalf ofthe business that I represent,hereby agree tothetermsofthe form of contract contained in the Solicitation package and I agree tobe bound by those terms,with any appropriate blank boxes,if any.checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal,or such information thatthe City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation,if any.I hereby certify under penalty of perjury that I am the lawful representative ofthe business entity referenced inthis Bid Form,that I have authoritytobidforthat entityandthatalloftheinformationand representations containedhereinaretrueand correct tothe best ofmy information andbelief. SUBMITTED THIS 2*5 DAY OF *Aoao<=;\20 A. PROPOSAL SUBMITTED BY: ^eAvo ^ycice S^Inc. Company ^' ^Nftmeof Person Authored toSubmitProposal Signature Title gsr-So\s:-;2>3o Telephone Number _^—. Fax Number Email Address *» END OF SECTION Thomas F.Pepe 12/10/2015 48 SW 78 Street &SW 62 Avenue Roadway improvements RFP#PW20I6-I8 THIS CONTRACT was made and entered into on this rjr-f day of ^LpW ?n-tei£/^20/£*,by and between W jj"\r&£j\p i-l-i^jf').-"'(hereafter referred to as "Contractor"),and the City of South Miami (hereafter referred to as "Owner"),through its City Manager (hereafter referred to as "City"). WITNESETH: That,the Contractor,fortheconsiderationhereinafter fully setout,herebyagreeswiththe Owner asfollows: 1.The Contractor shall furnish all labor,materials,equipment,machinery,tools,apparatus,transportation andany other itemsnecessarytoperformallofthe work shownonanddescribedin the Contraa Documents andshalldoeverythingrequiredbythis Contract and the other Contract Documents hereinafter referred to as the Work. 2.The Contract Documents shall includethis Contract,GeneralConditionstothe Contract,ifany,the drawings,plans,specifications andproject manual,if any,anysupplementaryor special conditions,other documentsreferringtothis contract andsignedbytheparties,thesolicitationdocuments("hereinafter referredtoas "Bid Documents")andanydocumentsto which thosedocumentsrefer which areusedby the Owner aswellasanyattachmentsorexhibitsthataremadeapartofanyofthedocumentsdescribed herein. 3.The Contraaor shall commencetheWorktobe performed underthis Contract onadatetobe specified inaNoticetoProceedand shall complete all Workhereunder within the length oftimeset foah inthe Contract Documents. 4.TheOwnerherebyagreesto pay totheContractorforthe faithful performance ofthisContract,subject to additions anddeductionsas provided intheContractDocumentsandanyproperlyapproved,written change orders^in lawful money ofthe United States,theamount of:(sPeii Dollar Amount here) £?V tkrid/LA %*/PlH^Mi*l-fTk ife-v&jA <UAfa Dollars ($/62,-dT£.00 ),Lump Sum ("Contraa Price")."/ 5.The expenses of performing Workafter regular working hours,and on Sunday and legal holidays shall be included in theContract Price.The City may demand,at any point in time,that any part,or all,ofthe Workbe performed after regular working hours.In such event,the Respondent shall have no right to additional compensation for such work.However,nothing contained herein shall authorize workon days and during hours thatare otherwise prohibited by ordinance unless specifically authorized or instructed in writingby the City. 6.If the Work is expected to require more than one month,the Owner shall make monthly partial payments tothe Contractor onthe basis ofa duly certified and approved schedule of values fortheWork performed during each calendar month by the Contractor,less the retainage (all as provided for in the Contraa Documents),which istobe withheld by the Owner until completion and acceptance ofthe complete projea in accordance with this Contract and the other Contract Documents anduntilsuch Work has beenacceptedbytheCity. 7.Upon submission by theContraaorof evidence satisfactory totheOwnerthat all labor,material,and other costs incurred by the Contractor in conneaion with the construction ofthe Work have been paid in full,and after compliance with the terms for payment provided for in the Contract Documents,final payment on account of this Contract shall be made within sixty (60)calendar days after the completion by theContraaorof all Work covered by this Contract and the acceptance of such Work by the Owner. 8.TheWork shall be completed in90calendardays.In the event thatthe Contractor shall fail to completetheWorkwithinthetimelimitstipulatedinthe Contract Documents,ortheextendedtime limit agreed upon,in accordance with the procedure as more particularly setforthinthe Contraa Documents, liquidated damages shall be paid by the Contractor atthe rate of$1.000.00 dollars per day,plus any monies paid by theOwnertothe Consultant,if any,for additional engineering and inspection services,if any,associatedwithsuchdelay. 9.It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond")isrequiredand if,atanytimeafterthe execution ofthisContractandthe Bond forits faithful Thomas F.Pepe 12/10/2015 49 performance and payment,the City shall deem the Surety or Sureties upon such bond(s)to be unsatisfaaory,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 Contraaor shall,at its expense within five (5) business days after the receipt of notice from the City soto 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 totheContraaor shall be deemed tobedue under this Contract until such newor additional security forthe faithful performance oftheWorkis furnished in the manner and inthe form satisfaaorytotheCity. 10.No additional Work or extras shall be done unless the same is duly authorized in writing,and in advance of thework,by appropriate aaionbytheCity and in accordance withtheContraa Documents. 11.The date that this contraa was "made and entered into"and its effeaive date is the date thatthe contract is the signed by the City or,ifthe contraa is required to be approved by resolution of the City Commission,then the Effective Date isthe date ofthe resolution approving the Contract whichever is the later date. IH WBTNESS WHEREOF,the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts,each of which shall,without proof or accounting for theother counterpart,be deemed an original Contract. CONTRACTOR:VKtAfa E^^eSS 1?^1. Signature:\Xx~o &-%^jL^-—tr— Print Signatory's Name:^J>pAi o Aw ~~tYc-£afo wcJ> Titleof Signatory:\fe.Si <3-jl^-V-^.> ATTESTED: nana City Clerk Read and Approvedasto Fbrm,-Language, Legality,andjj^y^on Thereof//*~*^^\ /^y%^^^Jp ,y Signature^^A'A&m A<J>\JM\ ,-City Attorney /Kf Thomas F.Pepe 12/10/2015 OWNER:CAT Signature: 50 jisevpn>Xlexander 3ity Manager ilTS CONSTRUCTION CONTRACT SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 ARTICLE I -DEFINITIONS Whenever usedintheseGeneralConditionsorinthe other Contract Documents,the following terms shall have themeaningindicated.Thesedefinitions shall always apply whenthesectionofthe Contraa specifically refersto thisArticleforthe purpose of interpreting awordorgroupofwordsinthatsectionofthe Contraa Document. However,whenthe seaion oftheContract,wherethewordtobe defined isused,doesnot specifically refersto thisArticleto define thewordorgroupofwords,the definitions containedinthisArticle shall not apply unless thewordorgroupofwords,inthecontextofitortheiruseintheContractDocumentinquestion,is/are ambiguous andopenforinterpretation.In addition,these definitions shall alsonot apply tointerpretterms in a specific provision ofa Contract Documentifthat specific provision containsa definition oftheseterms: Addenda:Writtenor graphic documents issued priortothe Bid Opening which modify orinterpretthe Contraa Documents,Drawings and Specifications,byaddition,deletions,clarifications or correaion. Application for Payment:Aform approved bythe CONSULTANT,if any,ortheCity Manager which istobeused bytheCONTRACTORinrequestingprogress payments. Bid:Theofferor proposal ofthe Bidder submitted onthe prescribed form settingforththepricesandother terms forthe Work to be performed. Bidder:Any person,firm or corporation submitting a response totheOwner'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 CONTRACTORanditssuretyinaccordancewiththe Contract Documentsandinaccordancewiththe laws of the State of Florida. Change Order:A written ordertothe CONTRACTOR signed by the City Manager authorizing an addition, deletionor revision intheWork,oranadjustmentinthe Contract Priceorthe Contract Timeissuedafter execution of the Contract. Work Order Proposals:Written proposals from the CONTRACTOR in response to orders or request for work based onthe Scope oftheWork provided by the City tothe CONTRACTOR.The proposal includes line item pricing,wherethereare 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 theword 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 of this representative. Contract Documents:TheContract Documents shall include theContractbetweentheOwnerandthe Contractor,other documents listed in the Contract and modifications issued after execution ofthe Contract as well as all Bid Documents including but not limited to the solicitation for Bid,CONTRACTOR'S Bid,the Bonds, Insurance endorsements,Insurance Certificates and policies,the Notice of Award,the Notice to Proceed,the ' General Conditions,Special Conditions,if any,any Supplementary Conditions,the Technical Specifications, Drawings,including any incorporated specifications,addenda to the drawings issued prior to execution of the Contract,Change Orders,Construction Change Directives and any written order for a minor change in the Work,and written modifications to any oftheContraa Documents. Contraa Price:The total moneys payable tothe CONTRACTOR pursuant tothe terms oftheContraa Documents. Contract Time:The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer:The individual who is authorized to sign the contract documents on behalf of the 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 SI Dayj A period of twenty-four hours measured from the beginning of the day at 12:01 a.m.and it shall be presumed to be a calendar day unless specifically designated as a business day. Days:The number of twenty-four (24)hour periods following the event to which the word "days"refers commencing at 12:01 a.m.at the start ofthe next day.Therefore,in computing any period oftime prescribed or allowed by the Contraa Documents,the day of the act,event or default from which the designated period of time begins to run shall not be included.The last day ofthe period so computed shall be included unless it is a Saturday,Sunday or legal holiday,in which event the period shall run until the end of the next business day that is nota Saturday,Sunday or legal holiday. Defective Work:Work that is unsatisfaaory,faulty,or deficient in that it does not conform to the Contraa Documents,or does not meet the requirements of any applicable inspection,reference standard,test,or approval referred to in the Contract Documents,or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner);substitutions that are not properly approved and authorized,any deficiency in the Work,materials and equipment;materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted bythe Contraa Documents. Drawings:The drawings which show the character and Scope ofthe Work to be performed and which have been prepared or approved by the CONSULTANT,or if none,then by an architect or engineer hired by the City and are referred to in the Contract Documents. Field Order:A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification:(a)A written amendment ofthe Contraa Documents signed by both parties,(b)a Change Order signed by both parties,(c)a written clarification or interpretation ifissued by the CONSULTANT in accordance with paragraph 9.3 or (d)awritten order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2.A modification may only be issued after execution of the Contract,it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform tothe Contraa Documents and includes work that is unsatisfaaory,faulty,or deficient or that does not meet the requirements of any applicable inspeaion,reference standard,test,or that does not meet any approval required by,or referred to in,the Contraa Documents,or work that has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). Notice of Award:The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent tobe fulfilled by it within the time specified,CITY will execute and deliver the Contraa 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 obligationsunder the Contract Documents. Person:An individual or legal entity. Project Tne entire construction operation being performed as delineated in the Contract Documents. Policy:The term "policy"as used in the Contract Documents shall mean the insurance binder,ifit is issued,the declaration page ofthe policy and the body ofthe policy,including all endorsements. RFP:Requestfor Proposal. Scope of Services.This phrase refers to the scope ofthe services or work to be performed and it has the same meaning as Scope oftheWork unless the context in which the phase is used clearly means otherwise. Shop Drawings:All drawings,diagrams,illustrations,brochures,schedules and other data which are prepared by the CONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,and which illustrate the equipment, material or some portion ofthework and as required bythe Contraa Documents. Samples:Physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work willbe judged. Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construaion systems,standards and workmanship as applied tothe Work. Subcontraaor:An individual,firm or corporation having a direct contraa with CONTRACTOR or with any other Subcontraaor for the performance ofa part oftheWorkatthe construaion site. Substantial Completion:The date,as certified by the CONSULTANT,when the construction ofthe Projea ora certified part thereof is sufficiently completed,in accordance with the Contract Documents,so that the Project,or a substantial part,can be utilized for the purposes for which it was intended without restriction or limitation to any degree,other than for the repair of minor "punch list"items;oriftherebeno such certification,the date when final payment is due in accordance with paragraph 14.9.However,in no event shall the project or portion thereof,be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully Thomas F.Pepe 12/10/2015 52 issuedbythe applicable governmental agency.Acertificateof Substantial Completion,issuedbythe CONSULTANT,shall benullandvoidifitisbasedon false,misleading orinaccurateinformation,fromanysource, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to adegreegreaterthanthatwhichwouldnormallytobeconsideredbytheCitytobeminor"punchlist"work. Supplier:Anypersonororganizationwhosupplies materials orequipmentforthe Work,including the fabrication of anitem,but who does not perform laborat the site of the Work. Surety:The individual or entity who isanobligoronaBondand who isboundwith the CONTRACTOR forthe full and faithful performanceoftheContractandforthepaymentof all labor,servicesand materials usedonthe projea. Work:Anyand all obligations,duties and responsibilities necessary forthe successful performance andcompletion of the Contract. Notice:The term "Notice"as used hereinshallmeanandincludeall written notices,demands,instructions, claims,approvals and disapprovals requiredtoobtain compliance with Contraa requirements.Written notice shall bedeemedtohavebeendulyservedifdeliveredinpersontothe individual ortoa member ofthefirmorto an officer ofthe corporation forwhomitis intended,ortoan authorized representative ofsuch individual,firm,or corporation,orifdeliveredator sent byregisteredmailtothelastknownbusinessaddress.Unless otherwise stated in writing,anynoticetoor demand upon theOWNERunderthis Contract shall be delivered totheCity Managerand the CONSULTANT. ARTICLE 2-PRELIMINARY MATTERS Award: 2.1 TheCITYreservesthe right to reject anyandallBids,at itssole discretion.Bids shall be awarded bytheCITYtothelowest responsive and responsible Bidder.No Notice ofAward shall be given until the CITY has concluded its investigation,asitdeems necessary,to establish,tothe satisfaction oftheCITY, which Bidder isthemost responsive and responsible of all the Bidders tocompletethe Work withinthe time prescribed and in accordance withtheContraa Documents.TheCITY reserves the right torejea the Bid of any Bidder whoisnot 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 takeinto consideration alternate and unit prices,if requested bythe Bid forms.If the Contract is awarded,theCITY shall issuetheNoticeofAward and give the successful Bidder aContraafor executionwithinninety(90)dayafteropeningof Bids. Execution of Contract: 2.2 At least four counterparts ofthe Contract,the Performance and Payment Bond,the Certificates of Insurance,the Binder of Insurance if issued,the Insurance Declaration Page ifnot included in the Policy of Insurance,the Policy of Insurance required by the Contract Documents,the written notice of designated supervisor or superintendent asprovidedinSection 6.1 of the General Conditions andsuch other Documents as required bythe Contract Documents shall be executed and delivered by CONTRACTOR totheCITY within ten (10)calendar days of receipt oftheNoticeof Award.AContractDocumentthat requires the signature ofa party may be executed in counterparts separately by each ofthe parties and,in such event,each counterpart separately executed shall,without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond,if any are required by the applicable RFP: 2.3 Withinten (10)calendar days of being notified ofthe Award,CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%)of the Contract Price guaranteeing toOWNERthe completion and performance ofthe Work coveredin such Contract as well as full payment of all suppliers,material man,laborers,or Subcontraaor employed pursuant to this Project.Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4,2.3.5,and 2.3.6. 2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work withthe 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 53 2.3.4 Each Bond mustbe executed bya surety company authorized todo business in the State of Florida as a surety,having a resident agent in the State of Florida and having been in business witha 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 becausefortheCITYto annul theNoticeofAwardand declare the Bid and any securitytherefore 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 affect performance ofthe Work,and represents that it has correlated its study and observations with the requirements ofthe Contract Documents.CONTRACTOR also represents that it has studied all surveys and investigations,reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance ofthe Work reflectedinthe Contraa Documentsandthathehas correlated theresultsof all suchdatawith the requirements of the Contract Documents. Commencement of Contraa Time: 2.5The Contract Time shall commence torunonthedatestatedintheNoticetoProceed. StartingtheProjea: 2.6 CONTRACTOR shall startto perform its obligations under the Contract Documents onthedatethe Contraa Time commences to run.NoWork shall be done at the site (as defined in Article I),prior to the date on which the Contract Time commences to run,except with the written consent ofthe CITY. BeforeStarting Construction: 2.7 Before undertaking each part ofthe Work,CONTRACTOR shall carefully study and compare the Contraa Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions.It shall atoncereport in writing to CONSULTANT any conflict,error,or discrepancy which it may discover.Neither the OWNER nor the CONSULTANT shall be liable for any harm,damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict,error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any compensation for any harm,damage or loss suffered bythe CONTRACTOR dueto any conflict,error, ordiscrepancyin the Contract Documents. ScheduleofCompletion: 2.8 Within Five (5)business days after delivery ofthe Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval,an estimated construction schedule indicating the starting and completion dates ofthe various stages oftheWork,and a preliminary schedule of Shop Drawing submissions.The CONSULTANT shall approve this schedule or require revisions thereto within seven(7)calendar daysofits submittal.Ifthereismorethanone CONTRACTOR involved in theProjea,the responsibility for coordinating theWorkof all CONTRACTORS shall be providedinthe Special Conditions. 2.9 Within five (5)business days after delivery ofthe executed Contraaby CITY to CONTRACTOR,but before starting the Work atthesite,apre-construaionconference shall beheldtoreviewtheabove schedules,to establish procedures for handling Shop Drawings and other submissions,and for processing Applications for Payment,and to establish a working understanding between the parties as tothe Project Present atthe conference will bethe CITY'S representative,CONSULTANT,Resident Projea Representatives,CONTRACTORandits Superintendent Qualifications of Subcontractors.Material men and Suppliers: Thomas F.Pepe 12/10/2015 54 2.10 Within five (5)business days afterbid opening,theapparentlowestresponsiveandresponsibleBidder shall submit to theCITYand the CONSULTANT foracceptancealistofthenamesof Subcontractors andsuch other personsand organizations (including thosewhoareto furnish principal itemsofmaterials orequipment)proposedfor those portionsofthe Work astowhichtheidentityof Subcontraaors and other personsand organizations mustbesubmittedas specified in the ContractDocuments.Within thirty (30)calendar daysafter receiving the list,theCONSULTANTwillnotifythe CONTRACTOR in writing ifeithertheCITYortheCONSULTANThas reasonable objectiontoanySubcontraaor,person, or organization onsuch list.The failure oftheCITYorthe CONSULTANT tomakeobjectionto any Subcontractor,person,or organization onthelistwithinthirty(30)calendar days ofthereceipt shall constituteanacceptanceofsuchSubcontractor,personor organization.Acceptanceofanysuch Subcontractor,personor organization shall notconstitutea waiver ofanyrightoftheCITYorthe CONSULTANT torejectdefeaiveWork,material orequipmentor any Work,material or equipment notinconformancewiththe requirements ofthe Contract Documents. 2.11 If,prior totheNoticeof Award,the CITY orthe CONSULTANT has reasonable objection toany Subcontraaor,personor organization listed,the apparent low Bidder may,prior toNoticeof Award, submitanacceptablesubstitute without anincreaseinitsbid price. 2.12 The apparent silence oftheContract Documents asto any detail,orthe apparent omission from themof a detailed description concerning any Worktobedone and materials tobe furnished,shall be regarded as meaning thatonlybest praaices are to prevail and only materials and workmanship ofthebest quality are to beusedin the performance of the Work. ARTICLE 3-CORRELATflON.INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 Itistheintentofthe Specifications and Drawings to describe acompleteProjeatobeconstruaed in accordance withtheContraa Documents.TheContract Documents comprise theentire Contract between theOWNER and the CONTRACTOR.They may be altered onlybya modification as defined in Article I. 3.2 The Contract Documents are complementary;what is called for byone is as binding as if called for by all the documents.If CONTRACTOR finds a conflia,erroror discrepancy in the Contract Documents,it shall,before proceeding with theWork affected thereby,immediately call ittothe CONSULTANT'S attentionin writing.The various ContractDocumentsare complementary;in case ofconflicterroror discrepancy,themore 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 readyfor service". 3.4 Miscellaneous items and accessories which are not specifically mentioned,but which are essential to produce a complete and properly operating installation,or usable structure,providing the indicated funaions,shall be furnished and installed without change in the Contract Price.Such miscellaneous items and accessories shall beofthe same quality standards,including material,style,finish,strength,class, weight and other applicable characteristics,as specified for the major component of which the miscellaneous item or accessory is an essential part,and shall be approved bythe 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 Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project and all components oftheWork shall be installed or ereaed in accordance with the best practices ofthe particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures 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 construction in the area where the problem exists. 3.7 Manufacturer's literature,when referenced,shall be dated and numbered and is intended to establish the minimum requirements acceptable.Whenever reference is given to codes,or standard specifications or 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 is tothe latest edition including addenda in effectonthe date ofthe Bid. Thomas F.Pepe 12/10/2015 55 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 product that is similar and equal in type,quality,size,capacity,composition,finish,color and other applicable characteristics to the material or produa specified by trade name,and that is suitable for the same use capable of performing the same 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,or other identification,is used without the phrase "or equal",the CONTRACTOR shall use the brand,make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made bythe CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall have advised the CONSULTANT,prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence.In the event that there is a conflia between or among the Contract Documents,only the latest version shall apply and the latest version ofthe Contract Documents.The CONSULTANT shall use the following list of Contraa Documents as aguide.These documents are set forth below in the order of their precedence sothat all the documents listed above a given documentshouldhaveprecedenceover all thedocumentslistedbelow it (a)ChangeOrders (b)Amendments/addenda to Contract (c)Supplementary Conditions,if any (d)Contraa withallExhibits thereto (e)General Conditions (f)Written or figured dimensions (g)Scaled dimensions (h)Drawings ofa larger scale (i)Drawings ofasmaller scale (j)Drawings and Specifications are tobe considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to be done,rights-of-way for access thereto,and such other lands which are designed for the use ofthe CONTRACTOR.Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for bythe OWNER,unless otherwise specified in the Contract Documents.Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall bethe responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment 4.2 The CITY will,upon request furnish to the Bidders,copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work,including butnot limited to those bearing upon transportation, disposal,handling and storage of materials,availability of labor,water,electric power,roads and uncertainties of weather,river stages,tides,water tables or similar physical conditions atthe site,the conformation and conditions ofthe ground,the charaaer of equipment and facilities needed preliminary to and during prosecution oftheWork.The CONTRACTOR further acknowledges thathe has satisfied himself astothe charaaer,quality and quantity of surface and subsurface materials or obstacles tobe encountered insofar as this information is reasonably ascertainable from an inspeaion ofthe site, including all exploratory work done by the OWNER/CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract or any other information made available toit prior to receipt of bids.Any failure bythe CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work.The OWNER assumes no responsibility for any Thomas F.Pepe 12/10/2015 56 conclusionsor interpretations madeby the CONTRACTOR on the basisof the information made availableby the OWNER/CONSULTANT. DifferingSite Conditions: 4.4The CONTRACTOR shall within forty-eight (48)hoursofits discovery,andbeforesuchconditionsare disturbed,notifytheCITYinwriting,of: 4.4.1 Subsurface orlatent physical conditions atthesite differing materially fromthose indicated inthe Contract Documents,and 4.4.2Unknown physical conditionsatthesite,ofan unusual nature,differing materially from those ordinarily encounteredand generally inherentin Work ofthe character provided forinthis Contract TheCITY shall promptly investigate theconditions,andifit finds thatsuchconditions domateriallydifferto the extent as to causeanincreaseordecreasein the CONTRACTOR'S cost of,orthetimerequired for,performance ofanypartofthe Work underthis Contract an equitable adjustment shall bemadeandtheContract modified in writing accordingly. 4.5 No claim oftheCONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in4.4 above;provided,however,thetime prescribed therefore may beextendedby theCITY,butonlyifdonein writing signed bytheCity Manager ortheCONSULTANT. ARTICLE 5-INSURANCE Contractor shall complywiththe insurance requirements set forth in the Supplementary Conditions to the Contract ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES SupervisionandSuperintendence: 6.1 The CONTRACTOR shall supervise and direct theWork.It shall be solely responsible for the means, methods,techniques,sequences and procedures of construction.The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred toas "Supervisor"atthe Work sitewho shall bedesignatedinwritingbythe CONTRACTOR,beforethe CONTRACTOR commences theWork and within thetime required bythe Contract as the CONTRACTOR'S representative atthe site.The Supervisor orso designated shall have full authority toacton behalf oftheCONTRACTOR and all communications given tothe Supervisor shall be as binding asif given tothe CONTRACTOR.The Supervisor^)shall be present at each site at all times as required to perform adequate supervision and coordination oftheWork.(Copies of written communications given tothe Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications,Drawings,Addenda, Modifications and Shop Drawings atthesiteat all times and in good order and annotated toshow all changes made during the construction process.These shall be available totheCONSULTANT and any CITY Representative at all reasonable times.Asetof "As-Built"drawings,as well as the original Specifications,Drawings,Addenda,Modifications and Shop Drawings with annotations, shall be made available tothe City at all times and it shall be delivered tothe CITY upon completion of the Project Labor.Materials and Equipment: 6.2 The CONTRACTOR shall provide competent,suitably qualified personnel to lay outthe Work and perform construaion as required by the Contraa Documents.It shall at all times maintain good disciplineand order at the site. 6.3 The CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light,heat local telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. 6.4 All materials and equipment shall be new,except as otherwise provided in the Contraa Documents.When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered to the site in their original packagesorcontainers with seals unbroken andlabels intact 6.5 All materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator,or processors,except as otherwise providedin the Contract Documents. Work.Materials.Equipment Produas and Substitutions: Thomas F.Pepe 12/10/2015 57 6.6 Materials,equipment and products incorporated in the Work must be approved for use before being purchased bytheCONTRACTOR.TheCONTRACTOR shall submit tothe CONSULTANT alistof proposed materials,equipment or produas,together with such samples as may be necessary for them to determine their acceptability and obtain their approval,within ninety (90)calendar days after award of Contract unless otherwise stipulated in the Special Conditions.No request for payment for "or equal" equipment will be approved until this list has been received and approved bythe CONSULTANT. 6.6.1 Whenever a material,article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number,it shall be understood thatthisis 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 Contract Documents by reference to brand name or catalog number,and if,in the opinion of the CONSULTANT,such material,article,or piece of equipment is of equal substance and function to that specified,the CONSULTANT may approve its substitution and use by the CONTRACTOR.Incidental changes or extra component parts required to accommodate the substitute will be made bythe CONTRACTOR without a change in the Contract Price orthe Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval ofthe CONSULTANT who shall bethe judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall notbe considered justifiable grounds foran extension of construction time. 6.6.4 Should any Workor materials,equipment or products not conform to requirements ofthe Drawings and Specifications or become damaged during the progress oftheWork,such Workor materials shall be removed and replaced,together with any Work disarranged by such alterations, at any timebeforecompletionand acceptance oftheProjectAllsuch Work shall bedoneatthe expense of the CONTRACTOR. 6.6.5 No materials or supplies for theWork shall be purchased by the CONTRACTOR or any Subcontraaor subjea to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained bythe Seller.The CONTRACTOR warrants that they have good titleto all materials and supplies usedbythemintheWork. 6.6.6 Non-conforming Work:The City of South Miami may withhold acceptance of,or reject items which are found upon examination,nottomeetthe specification requirements or conform tothe plans and drawings.Upon written notification of rejection,items shall be removed or uninstalled within five (5)business days bythe CONTRACTOR at his ownexpense and redelivered and/or reinstalled at his expense.Rejected goods left longer than thirty (30)calendar days shall be regarded as abandoned and the CITY shall have the right to dispose ofthem as its own property and the CONTRACTOR thereby waives any claim tothe good orto compensation of any kind for said goods.Rejection for non-conformance or failure tomeet delivery schedules may result in the CONTRACTOR beingfoundin default. 6.6.7 In case of default bythe CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasionedorincurredthereby. 6.6.8 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)inatimely manner as requested,to obtain thegoodand/or services from other sources and deduaing thecost from theContraa Price without violating theintentoftheContract Concerning Subcontraaors: 6.7 The CONTRACTOR shall not employ any Subcontraaor,against whom the CITY orthe CONSULTANT may have reasonable objeaion,nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted bytheCITY and theCONSULTANT,unless theCONSULTANT determinesthatthereisgood cause fordoingso. 6.8TheCONTRACTOR shall be fully responsible for all actsand omissions ofits Subcontractors and of persons and organizations directly or indirectly employed byit and of persons and organizations for whose acts any ofthem may be liable tothe same extentthatthey are responsible for theaas and omissions of persons directly employed by them.Nothing in the Contract Documents shall create any contractual relationship between OWNERor CONSULTANT and any Subcontractor orother person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation onthe part of OWNER or CONSULTANT to pay orto see to payment of any subcontractor or other person or Thomas F.Pepe 12/10/2015 58 organization,except asmay otherwise berequiredbylaw.CITY or CONSULTANT mayfurnish to any Subcontractor or other person or organization,to the extent practicable,evidence of amounts paidto the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9Thedivisionsand sections of the Specificationsand the identificationsofanyDrawings shall not control the CONTRACTOR in dividing the Work among Subcontraaors ordelineatingthe Work performedby anyspecific trade. 6.10 The CONTRACTOR agreestobind specifically every Subcontraaor tothe applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6.11 All Work performed for the CONTRACTOR bya Subcontractor shallbepursuant to anappropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall beresponsibleforthecoordinationofthetrades,Subcontraaors materialand men engaged upon their Work. 6.12.1 The CONTRACTOR shall causeappropriateprovisionstobeinsertedin all subcontractsrelative tothe Work tobind Subcontractors tothe CONTRACTOR by the termsof these General Conditionsand other Contract Documentsinsofaras applicable tothe Work ofSubcontractors, andgive the CONTRACTOR thesamepowerasregardstoterminatingany subcontract thatthe OWNER mayexerciseoverthe CONTRACTOR underanyprovisionsoftheContract Documents. 6.12.2 TheCITYor CONSULTANT will notundertaketosettleanydifferencesbetweenthe CONTRACTOR and their Subcontractors or between Subcontraaors. 6.12.3 IfintheopinionoftheCONSULTANT,anySubcontractorontheProjectprovestobe incompetent or otherwise unsatisfactory,they shall be promptly replacedby the CONTRACTOR if and whendirectedbytheCONSULTANTin writing. 6.12A Discrimination:No action shall betakenbythe any subcontraaorwith regard tothe fulfilment ofthe termsofthesubcontract including the hiring and retentionofemployeesforthe performance of Work that would discriminate against any person onthe basis of race,color,creed,religion,national origin,sex, age,sexual orientation,familial statusor disability.This paragraph shall bemadeapartofthe subcontraaor's contract with the Contractor. PatentFeesandRoyalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident tothe use of any invention,design,process or device which isthesubjeaof patent rights or copyrights held by others.He shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone direaly or indirectly employed byeitherofthem from against all claims,damages,losses and expenses (including attorney's fees)arising outof any infringement of such rights during or after the completion oftheWork,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 asto any materials,appliances,articles or systems prior to bidding.However,he shall notbe responsible for such determination on systems which donot involve purchase bythemof materials,appliances and articles. 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 forthe prosecution oftheWork,which are applicable atthetimeof his Bid.When such charges are normally made bythe CITY and when so stated inthe Special Conditions,there will beno charges totheCONTRACTOR.TheCITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses.The CONTRACTOR shall also pay all public utilitycharges. Electrical Powerand Lighting: 6.16 Elearical power required during construction shall be provided by each prime CONTRACTOR as required by it This service shall be installed by a qualified electrical Contractor approved bythe 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 59 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 itto be contrary to such laws,ordinances,rules and regulations,and without such notice tothe CONSULTANT, it shall bear all costs arising there from;however,it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. Discrimination: 6.17A No aaion shall be taken by the Contractor with regard tothe fulfilment of the terms ofthe Contract 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 statusor disability. Taxes: 6.18 Costof all applicable sales,consumer use,and other taxes for which the CONTRACTOR is liable under the Contraa shall be included in the Contract 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 affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the site,and 6.19.3 Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member oftheir organization at the site whose duty shall bethe prevention of accidents.This person shall bethe CONTRACTOR'S Superintendent unless otherwise designated inwritingbythe CONTRACTOR totheCITY. Emergencies: 6.21 In emergencies affecting 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 toaa,at his discretion,to prevent threatened damage,injury or loss.He shall give the CONSULTANT prompt written notice of any significant changes in theWorkor deviations from the Contract Documents caused thereby.If the CONTRACTOR believes that additional Work done by him inanemergencywhicharosefrom causes beyondhiscontrolentitleshimtoan increase inthe Contraa Price or an extension ofthe Contract Time,he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.22After checking and verifying all field measurements,the CONTRACTOR shall submittothe CONSULTANT for review,in accordance with the accepted schedule of shop drawing submissions,six (6)copies (or atthe 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 be complete withrespectto dimensions,design criteria,materials ofconstruaion and the like to 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 causeno delay inWork,all samples required bytheContraaDocuments. All samples shall have been checked by and stamped with the approval ofthe CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalog numbers and the use for which intended. 6.24 Atthe time of each submission,the CONTRACTOR shall notify the CONSULTANT,in writing,of any deviations between the Shop 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 be only for conformance with the design concept ofthe Project and for compliance with the information given in the Contract Documents.The review ofa separate item as such will not indicate Thomas F.Pepe 12/10/2015 60 reviewoftheassemblyinwhichtheitems functions.The CONTRACTOR shall makeany corrections requiredby the CONSULTANT and shall returntherequired number of correaed copiesofShop Drawingsandresubmitnewsamplesuntilthereviewis satisfaaory tothe CONSULTANT.The CONTRACTOR shall notifythe CONSULTANT,inwriting,ofanypriorShop Drawing orrevisionsto Shop Drawings thatareinconflictwitheach submission or re-submission.The CONTRACTOR'S stamp of approval onanyShop Drawings orsample shall constituterepresentationtotheCITYandthe CONSULTANTthatthe CONTRACTOR haseitherdeterminedand/or verified all quantities,dimension, field construction criteria,materials,catalog numbers and similar data ortheyassume full responsibility fordoingso,andthattheyhavereviewedor coordinated eachShop Drawing or sample withthe requirements of the Work and the Contract Documents. 6.26No Work requiring asubmittalofaShop Drawing orsample shall becommenceduntilthesubmissionhas beenreviewedandapprovedinwritingbytheCONSULTANT.AcopyofeachShop Drawing andeach approvedsample shall bekeptingoodorder,inabookorbinder,in chronological orderorinsuchother orderrequiredbythe CONSULTANT in writing,bythe CONTRACTOR atthesiteand shall be available to the CONSULTANT. 6.27The CONSULTANTS reviewofShop Drawings or samples shall notrelievethe CONTRACTOR from his responsibility forany deviations fromtherequirementsoftheContractDocumentsunlessthe CONTRACTOR has informedtheCONSULTANT,in writing,to each deviation atthetimeof submission and theCONSULTANT has given written approval tothe specific deviation,nor shall any reviewbytheCONSULTANT relieve theCONTRACTORfrom responsibility forerrorsoromissionsin theShopDrawingsorsamples. 6.27A The CONTRACTOR shall be liable totheOWNER for any additional costor delay thatis caused byits failure to notify the CONSULTANT of any of said deviations or conflias between Shop Drawings or due toerrorsintheShopDrawingsorsamples. CleaningUp: 6.28 The CONTRACTOR shall clean up behind theWork as much as is reasonably possible as theWork progresses.Upon completion oftheWork,and before acceptance of final payment for the Project bythe OWNER,theCONTRACTOR shall remove all his surplus and discarded materials,excavated material and rubbish as well as all other material and equipment thatdoesnot form a part oftheWork,from the property,roadways,sidewalks,parking areas,lawn and all adjacent property.In addition,the CONTRACTOR shall clean his portion ofWork involved in any building under this Contract sothatno 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 oftheWorksoasto leave thewholeWork and Work Site in aneat and presentable condition. 6.29 If the CONTRACTOR does not clean theWork site,the CITY may clean theWork Site ofthe materials referred toin paragraph 6.28 and charge thecosttotheCONTRACTOR. Public Convenienceand Safety: 6.30The CONTRACTOR shall,at all times,conductthe Work insuchamannerastoinsuretheleast praaicable obstruaion to public travel.The convenience ofthe general public and of the residents along and adjacent tothe area ofWork shall be provided for in a satisfactory manner,consistent with the operation and local conditions."Street Closed"signs shall be placed immediately adjacent totheWork,in a conspicuous position,at such locations as traffic demands.At any time that streets are required tobe closed,the CONTRACTOR shall notify law enforcement agencies and in particular,the City 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 ofall personnel on the Work Site,whether or not in his employ.They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations ofthe Public Authorities having jurisdiction.They shall commit no public nuisance.Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2of the Supplementary Conditions (Insurance and indemnification requirements). Thomas F.Pepe 12/10/2015 61 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand,CONTRACTOR,upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY.The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense,at CITY'S option,any and all claims of liability and all suits and actions ofevery name and description that may be brought against OWNER or CONSULTANT,excluding only those claims that allege that the injuries arose out of the solenegligenceof OWNER or CONSULTANT. 6.34 The obligations ofthe CONTRACTOR under paragraph 6.33 shall not extend to the liability ofthe 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 oforthe failure to give direaions or instruaions 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 Contract to which these General Conditions are a part.Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document Indemnification is limited to damages caused in whole or in part by any act omission,or default of the Contraaor,the Contractor's subcontraaors, sub-subcontractors,materialmen,or agents of any tier or their respective 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 construction contract. Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility ofthe CONTRACTOR to connect its Work to each part ofthe existing Work,existing building or structure orWork previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations,grading,fill,storm drainage,paving and any other construction or installations in rights-of- ways of streets,highways,public carrier lines,utility lines,either aerial,surface or subsurface,etc.,shall be done in accordance with requirements ofthe special conditions.The OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate,from the proper authorities,stating that theWork has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved 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 must be established by governmental departments as soon as grading operations are begun on the site and,in any case,sufficiently early in the construction period to prevent any adverse effeaonthe Project Cooperation with Governmental Departments.Public Utilities.Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations (hereinafter referred to as "third parties")owning or controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,and telegraph facilities such as pavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,including incidental structuresconnectedtherewith,thatareencounteredinthe Work inorderthat such items are properly shored,supported and protected,thattheir location is identified and to obtain authority from thesethird parties for relocation iftheCONTRACTOR desires to relocate theitem.The CONTRACTOR shall give all proper notices,shall comply with all requirements of such third parties in the performance of his Work,shall permit entrance of such third parties on the Projea in order that they may perform their necessary work,and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called tothe fact that there may be delays onthe Project due toworktobe done by governmental departments,public utilities,and others in repairing or moving poles,conduits,etc.The CONTRACTOR shall cooperate with the above parties in every way possible,sothatthe construction can be completed in the least possible time. 6.37.2 TheCONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and regulations which in any manner affect those engaged or employed in theWork,or materials and equipment use in or upon theWork,or in any way affect theconduaoftheWork,and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Thomas F.Pepe 12/10/2015 62 Use Premises: 6.38 CONTRACTOR shall confineits apparatus,storageof materials,andoperationsofitsworkmen to the limitsindicatedbylaw,ordinances,permitsand directions of CONSULTANT andCITY,and shall not unnecessarily encumber anypartofthesiteoranyareasoffsite. 6.38.1 CONTRACTOR shall not overload orpermitanypartofany struaure tobe loaded with such weightaswillendangeritssafety,nor shall itsubjectany work tostressesorpressuresthat will endanger it 6.38.2 CONTRACTOR shall enforcethe rules and regulation promulgated bytheCONSULTANT and OWNER as well as their instruaions with regard to signs,advertisements,fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate withCITY in routing and parking of automobiles of its employees,subcontraaors and other personnel,as well asthatofthe material delivery trucks and other vehiclesthat come totheProjectsite. 6.38.4 TheCity will designate specific areas onthesitefor storage,parking,etc.and thejobsite shall be fenced to protea thejobsite and the general public. 6.38.5 TheCONTRACTOR shall furnish,install and maintain adequate construction office facilities for all workersemployedbyitorbyits Subcontractors.Temporary offices shall be provided and locatedwheredireaedand approved bytheCONSULTANT.Allsuch facilities shall be furnished instrict accordance withexisting governing regulations.Field offices shall include telephone facilities. Protectionof Existing PropertyImprovements: 6.38 Any existing surface or subsurface improvements,such as pavements,curbs,sidewalks,pipes or utilities, footings,or struaures (including portions thereof),trees and shrubbery,not indicated onthe Drawings or noted in the Specifications as being removed or altered shall be proteaed from damage during construaion ofthe Project Any such improvements damaged during construaion ofthe Project shall be restored atthe expense ofthe CONTRACTOR toa condition equal to that existing atthe time of award of Contract. ARTICLE 7•WQRBC BY OTHERS. 7.1 The CITY may perform additional Work related tothe Project or may let other direct contracts therefor which shall containGeneralConditions similar tothese.The CONTRACTOR shall affordtheother contractors who are parties to such direct contraas (orthe OWNER,ifit is performing the additional Work itself),reasonable opportunity for the introduaion and storage of materials and equipment and the executionof Work,and shall properlyconnect and coordinateits Work withtheirs. 7.2 If any part ofthe CONTRACTOR'S Work depends upon proper execution or results ofthe Work ofany other contraaor orthe OWNER,the CONTRACTOR shall promptly report tothe CONSULTANT in writinganydefectsor deficiencies insuch Work thatrenderitunsuitableforthe CONTRACTOR'S Work. 7.3 The CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive orbe received by such other Work.The CONTRACTOR shall not endanger any Work ofothers by cutting,excavating or otherwise altering their Work and shall only cutor alter theirWork with the written consent ofthe CONSULTANT and ofthe other contraaor whose work willbe affected. 7.4 If the performance of additional Workby other contraaors orthe OWNER is not noted in the Contract Documents prior to the execution of the Contract written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work.If the CONTRACTOR believes that the performance of such additional Workbythe OWNER or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time,he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable,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 construction Workthe work of such other separate contractors as directed by them.Where such chases,slots,etc., are impracticable,theWork shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases,slots,and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval oftheCONTRACTOR.TheCONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall beattheexpenseofCONTRACTOR Thomas F.Pepe 12/10/2015 63 7.7 Cooperation is required in the use of site facilities and in the detailed execution oftheWork.Each contractor shall coordinate their operation withthoseoftheother Contractors forthebestinterestof the Work inordertoprevent delay intheexecution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed ofthe progress of the work of other contraaors.Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR'S operations,the CONTRACTOR shall notify the CONSULTANT immediately and in writing.Lack of such notice tothe CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work ofother contractors as being satisfaaoryforpropercoordinationof CONTRACTOR'S own Work. 7.9 The cost of extra Work resulting from lack of notice,untimely notice,failure to respond to notice, Defective Work or lack ofcoordination 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 the Contract Price without violating the intent oftheContract ARTICLE 8-CITY'S RESPQNSBBBLBT1ES. 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT,the CITY will appoint a CONSULTANT whosestatusundertheContractDocuments shall bethatoftheformer CONSULTANT. 8.3 The CITY shall promptly furnish the data required ofthem under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions ofthe Work,notwithstanding the faa 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 acceptance ofany Work notcompletedin accordance withthe Contraa Documents. ARTICLE 9-CONSULTANTS'STATUS DURING CONSTRUCTION. City'sRepresentative: 9.1 The CONSULTANT shall bethe CITY'S representative during the construction period.The duties and responsibilities and the limitations of authority ofthe CONSULTANT as the CITY'S representative during construaion aresetforthinArticles I through 16 ofthese General Conditionsand shall notbeextended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision,in matters relating to aesthetics,shall be final,if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contraa,all claims,counterclaims,disputes and other matters in question between the CITY and the CONSULTANT arising outofor relating tothis Contract orthe breach thereof,shall be decided in acourtof competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits tothe site at each phase of construaion toobservetheprogressandqualityoftheexecuted Work andto determine ifthe Work is proceeding in accordance with the Contraa Documents.His efforts shall be directed toward providing assurance for the OWNER and all applicable regulatory agencies that construaion is in compliance with the Construction Documents and applicable laws,rules and regulations.Onthe basis oftheseon site- observations as an experienced and qualified design professional,he shall keep the CITY informed ofthe progress ofthe Work and shall guard theOWNER against defects and deficiencies inthe Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue,with reasonable promptness,such written clarifications or interpretations ofthe Contract Documents (in the form of Drawings or otherwise)as it may determine necessary,which shall beconsistentwith,or reasonably inferable from,the overall intentofthe Contraa Documents.If the CONTRACTOR seeksan increase intheContract Price orextensionofContractTime based ona written clarification and/or interpretation,it shall be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: Thomas F.Pepe 12/10/2015 64 9.4All Work completed under the Contract shall bemeasuredby the CONSULTANT according to the United States Standard Measures.Alllinearsurface measurements shallbe made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5The CONSULTANT shallhaveauthoritytodisapproveor reject Work thatis "Defective Work"as definedinArticle I.Itshallalsohaveauthoritytorequirespecialinspectionortestingofthe Work including Work fabricated onoroffsite,installedor completed asprovided.Inthe event that the CONSULTANT requirestestingofcompleted Work,the cost ofsuch inspeaions and/ortesting shall be approvedinwritingby the CITY.Allconsequentialcostofsuchinspectionsandtesting,including but not limitedtothecostof testing and inspeaion,thecostof repairing anyofthe Work,orthe work of others, the cost tomovefurnitureandequipmentand/orthecosttoprovide alternative facilities until the repair work canbe completed,shall paidbythe CONTRACTOR if the Work isfoundtobeDefective Work. Shop Drawings.ChangeOrdersandPayments: 9.6 In connectionwiththeCONSULTANT responsibility as toShop Drawings and samples,see paragraphs 6.25 through 6.28,inclusive. 9.7 In connectionwiththeCONSULTANT'S responsibility forChangeOrdersseeArticles 10,II,and 12. 9.8 In connectionwiththeCONSULTANT responsibilities withrespecttothe Application for Payment,etc., see Article 14. DecisionsonDisagreements: 9.10 The CONSULTANT shall bethe initial interpreteroftheConstructionDocuments. LimitationsonConsultant'sResponsibilities: 9.11 The CONSULTANT will notbe responsible for the construction means,methods,techniques,sequences orprocedures,orthesafetyprecautionsand programs incidentthereto. 9.12 The CONSULTANT will notbe responsible for theaasor omissions ofthe CONTRACTOR,or any Subcontractors,or any oftheir agent,servants or employees,or any other person performing any ofthe Work underorthrough them. ARTICLE 10 -CHANGES IN THE WORK. 10.1 Without invalidating theContraa,theCITY may,at any timeor from timetotime,order additions, deletions or revisions in ortotheWork which shall only be authorized bya written Change Orders.Upon receipt ofa Change Order,the CONTRACTOR shall proceed with theWork involved.All such Work shall be performed under the applicable conditions oftheContraa Documents.If any authorized written Change Order causes an increase or decrease inthe 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 bythe CITY and the CONTRACTOR indicates their agreement to the terms ofthe Change Order.All Change Orders shall be certified by the CONSULTANT as tothe appropriateness and value ofthe change in theWork as well astoanychangeinthe time tocompletethe Work underthecircumstances.The failure toincludea time extension in the Change Order or in the request for a change order shall result in a waiver of any extension oftime due tothe change in thework as refleaed in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent withthe overall intentoftheContractDocumentswithouttheneedfora formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation.Thesemaybe accomplished byawritten Field Order.Ifthe CONTRACTOR believes thatany change or alteration authorized bythe CONSULTANT'S Field Orderwould entitles the CONTRACTOR to an increase in theContraa Price or extension of Contract 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 shallbe deemed tohavewaivedsuchclaim. 10.3 Additional Work performed by the CONTRACTOR without authorization ofa written Change Order shall not entitle it to an increase in the Contraa Price or an extension ofthe 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 65 provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contraa Time ortheContraa Price which is approved bythe CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety ofany changes affecting the general Scope of the Work or change in the Contraa Price or Contraa Time and the amount ofthe applicable bonds shall be adjusted accordingly.The CONTRACTOR shall furnish proof of such an adjustment tothe 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 Contract 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 beatitsexpensewithout changing the Contract Price. 11.2 The CITY may,at any time,without written notice tothe sureties,by written order designated or indicated tobea Change Order,make any change in theWork within the general scope ofthe Contraa, including butnot limited to changes toor in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method ormannerof performance oftheWork. 11.2.3 CITY-furnished facilities,equipment materials,services,or site;or 11.2.4 Acceleration inthe performance oftheWork. 11.3 Except as provided inthis section,or sections referred to in this section,noorder,statementorconduct ofthe CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in theWork is specifically and expressly provided for in a written Change Order,orasotherwise provided inanothersectionoftheContractDocuments. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued bythe CITY in writing,the CONTRACTOR shall perform theWork even ifthe CONTRACTOR does not agree with the dollar amount ofthe Change Order.If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of,orthe time required for,the performance of any part oftheWork under this Contract for which the CITY and the CONTRACTOR cannot reach a timely agreement an equitable adjustment based onthecostoftheWork shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made bythe 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 forth the general nature and monetary extentof such claim for equitable adjustment,time extension requested and supporting data.In determining thecostofthe Change Order,thecosts shall be limited to those listed in seaion 11.7 and 11.8. 11.6 No claim bytheCONTRACTOR for an equitable adjustment hereunder shall be allowed ifnot submitted in accordance withthis section orif asserted after final payment under thisContract 11.7 The value of any Work covered bya Change Order orof any claim for an increase or decrease in the Contract Price shall be determined in oneofthe following ways: 11.7.1 Bynegotiatedlumpsum. 11.7.2 Onthe basis ofthe reasonable cost and savings that results from the change in theWork plus a mutually agreed upon fee tothe CONTRACTOR tocover overhead and profit nottoexceed 15%.Ifthe CONTRACTOR disagrees withthe CONSULTANTS determination of reasonable costs,theCONTRACT shall provide a list of all coststogetherwith backup documentation 11.8 The term cost oftheWork means the sum of all direa extra costs necessarily incurred and paid bythe CONTRACTOR in the proper performance ofthe Change Order.Except as otherwise may be agreed toin writing by CITY,such costs shall bein amounts no higher than those prevailing in Miami-Dade County and shall include onlythe following items: 11.8.1 Payroll costsfor employees in thedirea employ ofCONTRACTOR in the performance ofthe Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR.Payroll costsfor employees not employed full timeonthe Work shall be apportioned onthe basis oftheirtimespentontheWork.Payroll costs shall be limited to: salaries and wages,plus thecostsof fringe benefits which shall include social security contributions,unemploymentexcise and payroll taxes,workers'compensation,health and retirementbenefits,sick leave,vacation and holiday pay applicable thereto.Such employees shall include superintendents and foremen atthe site.The expenses of performing Work after regular working hours,on Sunday or legal holidays shall be included intheaboveonlyif authorized by Thomas F.Pepe 12/10/2015 66 CITYandprovideditwasnotinanyway,whether inwholeorinpart the resultof the faultofthe CONTRACTOR duetonegligenceofthe CONTRACTOR or those aaing byorthroughhimor duein whole orinpart to Defective Work of the CONTRACTOR. 11.8.2 Costof all materialsand equipment furnished andincorporatedinthe Work,includingcostsof transportation andstorage,and manufaaurers'field services required in connection therewith.The CONTRACTOR shall notify the CITYof all cash discounts thatare available and offer the CITYthe opportunity todepositfundswiththe CONTRACTOR forthe payment for items that offer a discount.Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails totimelynotifytheCITYofthediscountsorifthe OWNER depositsfunds with CONTRACTOR withwhichtomakepaymentsinwhichcasesthecashdiscounts shall accrue to the OWNER.All trade discounts,rebates and refunds,andall returns from sale of surplusmaterialsand equipment shall accrueto OWNER,and CONTRACTOR shallmake provisionsso that they maybeobtained. 11.8.3 Payments madeby CONTRACTOR tothe Subcontractors for Work performedby Subcontractors.IfrequiredbyCITY,CONTRACTOR shall obtaincompetitivebidsfrom Subcontraaors acceptable to himand shall deliversuchbids to CITY who will then determine, withtheadviceofthe CONSULTANT,whichBidswillbeaccepted.Nosubcontract shall bea costplus contraa unlessapprovedinwritingbytheCITY.IfaSubcontractprovidesthatthe Subcontractoristobe paid onthe basis ofCostof Work plusafee,thecostofthe Work shall be determined in accordance this section 11.8 and in such case the word "Subcontraaor"shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery,except hand tools,and the parts thereof whetherrentedfrom CONTRACTOR orothersin accordance with rental agreements approved byCITYwiththe advice ofCONSULTANT,and thecostsof transportation,loading, unloading,installation,dismantlingandremoval thereof -all inaccordancewith terms ofsaid rental agreements.Therentalofanysuchequipment,machineryorparts shall ceasewhenthe use thereof isnolongernecessaryforthe Work. 11.8.5 Sales,useor similar taxes related totheWork,and for which CONTRACTOR is liable,imposed byanygovernmentalauthority. 11.8.6 Payments and fees for permits and licenses.Costs for permits and licenses mustbeshown 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, expressage andsimilar petty cashitemsin connection with the Work. 11.8.9 Costof premiums for additional Bonds and insurance required solely because of changes in the Work,nottoexceedtwopercent (2%)ofthe increase intheCostofthe Work. 11.9 ThetermCostoftheWork 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 byCONTRACTOR whetheratthesiteor in its principal ora branch office for general administration oftheWork and not specifically included in the schedule referred to in Subparagraph 11.5. I 1.9.2 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 theWork and charges against CONTRACTOR for delinquent payments. 11.9.4 Costof premiums for all bonds and for all insurance policies whether ornot CONTRACTOR is required bythe Contract 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 Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to,the correction of defective work,disposal of materials or equipment wrongly supplied and making goodany damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically andexpressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price;or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). Thomas F.Pepe 12/10/2015 67 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in anet decrease incost will betheamountofthe actual net decrease incosts calculated inthesame manner as provided in 11.8.When both additions and credits are involved in any one change,thenet shall be computed to include overhead and profit identified separately,for both additions and credit provided however,the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION.LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is ofthe essence to this contraa and the date of beginning and the time for completion ofthe Work are essential conditions of the Contraa.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 the Contraa Time.It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,thatthe Contract Time for the completion oftheWork described herein is a reasonable time,taking into consideration the average climatic and economic conditions and other factors prevailing in the locality oftheWork.No extension of time shall be granted due conditions that the Contractor knew ofor should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete theWork within the Contract Time,or extension oftime granted by the CITY,then the CONTRACTOR shall pay to the OWNER the amount of liquidated damages as specified in the Contraa Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon between the parties,recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay,and both parties desiring to obviate any question or dispute concerning theamountof said damages and thecostandeffectofthe failure of CONTRACTOR to complete the Contract on time.The above-stated liquidated damages shall apply separately to each phase ofthe Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contraa. 12.4 The Contract Time may only be changed by a written Change Order.Any claim for an extension in the CONTRACT TIME shall bebasedonwrittennotice delivered totheCITYand CONSULTANT within five (5)business days ofthe occurrence ofthe event giving rise tothe claim and stating the general nature ofthe claim including supporting data.All claims for adjustment inthe Contract Time shall be evaluated and recommended by the CONSULTANT,with final approval by the CITY'S representative.Any change in the Contraa Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 Alltimelimitsstatedinthe Contraa Documentsareoftheessenceofthe Contract 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14)calendar days after demand has been made in writing tothe CONSULTANT for such Drawings.Furthermore,there shall beno monetary compensation for such delay and the CONTRACTOR'S sole remedy shall be an extension of time for the period of delay. 12.7 Extensions totheContraa Time for delays caused bythe effects of inclement weather shall notbe granted unless the weather was unusual for South Florida and could not have been anticipated,the abnormal weatheris documented by records from the national weather service andthe abnormal weather is documented to havehadasubstantial affeaed on the construction schedule. 12.8 No Damages for Delay:The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months,whether individually or cumulatively,and then the damages shall be limited to increased costof materials thatwere unanticipated and that would not have been incurred but for the delay.Other than as set forth above,the only remedy for any delay shall be limited to an extension oftime as provided for in Section 12.4 which shall bethe sole and exclusive remedy for such resultingdelay.Other thanassetforthabove,CONTRACTOR shall not beentitled to anincreasein the Contraa Price or payment or compensation of any kind from OWNER for direct indirect consequential, impaa orothercosts,expensesor damages,including butnot limited to,costsof acceleration or inefficiency,overhead or lost profits,arising because of delay,disruption,interference or hindrance from any cause whatsoever,whether such delay,disruption,interference or hindrance be reasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable. Thomas F.Pepe 12/10/2015 68 12.9 The CONTRACTOR waives all claims thatarenotpresentedtotheCityinwritingonorbefore the 21 st dayfollowing the date of the event uponwhichtheclaimisbased. 12.10 Dispute Resolution:Ifanydisputeconcerningaquestionoffactarisesunderthe Contract otherthan terminationfordefaultorconvenience,the CONTRACTOR andthecity department responsibleforthe administrationofthe Contract shall makeagood faith efforttoresolvethedispute.Ifthedisputecannot beresolvedby agreement thenthedepartmentwiththeadviceoftheCity Attorney andthe CONSULTANT shall ruleonthedisputedissueandsendawrittencopyofitsdecisiontothe CONTRACTOR.CONTRACTOR shall complywith such decision and shall not delay theproject. ARTICLE 13 -GUARANTEE. 13.1 The CONTRACTOR shall guarantee and unconditionally warrantthrougheitherthe manufacturer orthe CONTRACTORdirealy,all materials and equipment furnished and Work performed forpatent Defective Work foraperiodofone(I)year from thedateof Final Acceptanceas indicated inthe CONSULTANTLetterof Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,orthe Certificate of Completion,if issued bytheCity,whicheveris applicable and ifmorethan oneis applicable,theonethatis issued last,forpatentDefectiveWork,.Thesame guarantee and unconditional warranty shall beextendedforthree (3)yearsfromthedateof Final Acceptanceas indicated inthe CONSULTANT Letterof Recommendation of Acceptance,if issued,theCertificateof Occupancy,if issued,orthe Certificate of Completion,if issued bythe City,whichever is applicable and if more than oneis applicable,theonethatis issued last for latent Defective Work.TheCITY will give noticeofobserveddefectswith reasonable promptness.In theeventthatthe CONTRACTOR should fail tocommenceto correa suchDefective Work withinten (10)calendar days after having receivedwritten noticeofthe defect,or should the CONTRACTOR commence the corrective work,but fail to prosecute thecorrectivework continuously and diligently and in accordance withtheContraaDocuments, applicable law,rules and regulations,theCITYmay declare aneventof default,terminatetheContractin wholeorin part and cause the Defective Worktobe removed or corrected and to complete theWork atthe CONTRACTOR'S expense,and the CITY shall charge the CONTRACTOR thecost thereby incurred.The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contraa Documents,if different from the period oftime listed inSection 13.1,shall takeprecedenceoverSeaion 13.1. 13.3 CONTRACTOR shall act as agent on a limited basis for the OWNER,atthe CITY's option,solely for the follow-up concerning warranty compliance for all items under manufaaurer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contraa. 13.4 In case of default by the CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of,or reject items which are found upon examination,nottomeet the specification requirements.Upon written notification of rejection,items shall be removed within five (5)business days by the CONTRACTOR at his own expense and redelivered at his expense.Rejeaed goods left longer than thirty (30)calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good orto compensation of any kind.Rejection for Non-Conforming Work or failure to meet delivery schedules may result in theContraa being found in default. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contraaor 14.1 The Contractor shall notbe entitled to any money for any work performed before the issuance ofa Notice to Proceed on the form described in the Contract Documents and the issuance by the City ofa "purchase order",or any other document,does not and shall not authorize the commencement ofthe Work.At least ten (10)calendar days before each progress payment falls due (but not more often than once a month),the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require.All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons,firms and corporations who have furnished labor,services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights,if any,ofthose persons.If payment is requested on the basis of Thomas F.Pepe 12/10/2015 69 materials and equipment not incorporated in theWorkbut delivered and suitably stored ator near site, the partial payment estimate shall also be accompanied by such supporting data,satisfactory tothe CITY, which establishes the OWNER'S title tothe material and equipment as well as certificates of insurance providing coverage for 100%ofthe value of said material and equipment covering the material and equipment from all casualties as well as theft vandalism,fire and flood.The CONTRACTOR shall replace atits expense any stored materials paid for which are either damaged orstolenbefore installation.The CONSULTANT will within ten (10)calendar days after receipt of each partial payment estimate,either certifying in writing its approval of payment and present the partial payment estimate tothe OWNER,or return the partial payment estimate to the CONTRACTOR,indicating in writing his reasons for refusing to approve payment In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate.The OWNER,will within thirty (30)calendar days of presentation toitof any approved partial payment estimate,pay the CONTRACTOR a progress payment on the basis ofthe approved partial payment estimate.The OWNER shall retain ten (10%)percent ofthe amount of each payment until Final Completion and Acceptance of all Work covered bythe Contraa Documents. Anyinterestearnedonthe retainage shall accrue tothebenefitoftheOWNER. 14.2 The CONTRACTOR,beforeit shall receive final payment shall deliver tothe CITY aContraaor's Final PaymentAffidavitassetforthinthe Florida Construaion Lien Statuteaswellas final releasesoflien executed by all persons who have performed or furnished labor,services or materials,directly or indirectly,which was incorporated into the Work.If any person refuses to provide such a release or provides a conditional release,the CITY shall have the right to issue a joint check made payable tothe CONTRACTOR andsuch person. Contraaor's WarrantyofTitle 14.3 The CONTRACTOR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment whether the Work,material or equipment is incorporated in the Project or not,shall have passed 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 that noWork,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 thereon is retained by the seller or otherwise imposed bythe CONTRACTORorsuchother person. Approval of Payment 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a representation byhim to the CITY,basedon the CONSULTANT'S onsite observations of the Work in progress as an experienced professional and on his review ofthe Application for Payment and supporting data,thattheWork has progressed tothe point indicated in the Application for Payment;thattothe best his knowledge,information and belief,the quality oftheWorkis in accordance with theContraa Documents (subject to an evaluation oftheWork as a functioning Projea upon substantial completion as defined in Article I,tothe results of any subsequent tests called for in the Contraa Documents and any qualifications stated in his approval);and thatthe CONTRACTOR is entitled to payment ofthe amount approved.However,by approving,any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity oftheWork,orthathe has reviewed the means,methods,techniques,sequences and procedures of construaion or that he had made any examination to ascertain howor for what purpose the CONTRACTOR has usedthemoneys paid ortobe paid tohimonaccountofthe Contraa Price,or thattitleto any Work,materials,or equipment has passed totheOWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment "I hereby certify thatthe labor and materials listed onthis request for payment have been used in the construaionofthis Work and that all materials included inthis request for payment and notyet incorporated intothe construction arenowonthesiteorstoredat an approved location,and payment received from thelastrequestfor payment has beenusedtomake payments to all his Subcontraaors and suppliers,exceptforthe amounts listed below beside the names ofthe persons who performed work or supplied materials". In theeventthatthe CONTRACTOR withholds payment from a Subcontractor or Supplier,the same amount of money shall be withheld from the CONTRACTOR'S payment until the issue is resolved by Thomas F.Pepe 12/10/2015 70 written agreement between them and then ajoint check shallbe made payableto the person in question and the CONTRACTOR in accordance withthe settlement agreement,otherwise the money shallbe heldby the OWNER untila judgment is entered infavor of the CONTRACTOR or the person,inwhich case the money shallbepaid according withsaid judgment Nothing contained hereinshallindicatean intent to benefit anythird persons who arenotsignatoriesto the Contraa. 14.6 The CONSULTANT mayrefusetoapprovethewholeoranypart of anypaymentif,initsopinion,itis unabletomakesuch representations to the OWNER asrequiredthis Seaion 14.Itmayalsorefuseto approve any payment oritmayvoidanyprior payment application certification because of subsequently discoveredevidenceortheresultsofsubsequentinspectionortests to such extent asmaybenecessary inits opinion to protect the OWNER fromlossbecause: 14.6.1 of Defective Work,or completed Work hasbeendamagedrequiringcorrectionor replacement 14.6.2 the Work forwhichpaymentisrequestedcannotbeverified, 14.6.3 claims ofLienshavebeen filed orreceived,orthereisreasonableevidence indicating theprobable filing or receipt thereof, 14.6.4 the Contract Pricehas been reduced because of modifications, 14.6.5 theCITYhas correa Defective Work or completed the Work inaccordancewithArticle 13. 14.6.6 of unsatisfactory prosecutionoftheWork,including failure to clean upasrequiredby paragraphs 6.29 and 6.30, 14.6.7 ofpersistent failure tocooperatewithother contraaors on the Projectandpersistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 ofliquidateddamagespayablebythe CONTRACTOR,or 14.6.9 ofany other violation of,or failure tocomplywith provisions oftheContractDocuments. 14.7 Prior to Final Acceptance theOWNER,withthe approval oftheCONSULTANT,may use any completed or substantially completedportionsofthe Work providedsuchusedoesnotinterferewiththe CONTRACTOR'S completion oftheWork.Such use shall notconstitutean acceptance ofsuch portions of the Work. 14.8 The CITY shall have the right toenterthe premises for the purpose of doing Worknot covered bythe ContractDocuments.This provision shall notbeconstruedas relieving the CONTRACTOR ofthesole responsibility forthe care and protection oftheWork,orthe restoration of any damaged Workexcept suchasmaybecausedbyagentsoremployeesofthe OWNER. 14.9 Uponcompletionandacceptanceofthe Work the CONSULTANT shall issueaCertificateattachedto the Final Application for Payment thattheWork has been accepted byitunderthe conditions ofthe Contract Documents.The entire balance found tobe due the CONTRACTOR,including the retained percentages,butexcept such sumsas may be lawfully retained bytheOWNER,shall be paid tothe CONTRACTOR within thirty (30)calendar days of completion and acceptance oftheWork. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register 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 toyour organization going forward,theCity will provide theCONTRACTORwitha credit card account number tokeepon file.This card has unique security features,with $0of available funds until an invoice is approved for payment.After an invoice has received proper and complete approval,anelectronicremittanceadvicewillbesentviae-mail,orfax,whichnotifiesthe CONTRACTOR thatthe funds havebeentransferredintotheaccountlinkedtothecardfortheamount listed onthe invoice and/or remittance email.Please refer tothe ePayables Questions &Answers Form contained in this RFP or contact the OWNER'S Finance department at (305)663-6343 with any questions. Acceptance of Final PaymentasRelease 14.11 The Acceptance bythe CONTRACTOR of Final Payment shall be and shall operate as a release tothe OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved.The waiver shall include all things done or furnished in connection with theWork and for every act and neglect ofthe OWNER and others relating toor arising outof this Work.Any payment however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Workas may be necessary in his opinion to protect theOWNER from loss ifhe determines,because of subsequently discovered evidence orthe results of subsequent inspection or tests,that: Thomas F.Pepe 12/10/2015 71 14.12.1 theWorkis defeaive,or that the completed Work has been damaged due tothe fault ofthe CONTRACTOR or any individual or entity operating under or through it requiring correaion or replacement totheextentthatthe project is no longer Substantially Completed,or in the case of Final Completion certification,is no longer Finally Competed. 14.12.2 theWork necessary tobe 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 thatif valid and paid,would reduce the amount owing tothe CONTRACTOR BY 20%in the case of Substantial Completion and 5%in the case of Final Completion. 14.12.4 there is Defective Workthe value of which,if deducted from the contraa price would reduce the amount owing tothe 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 tothe City of South Miami any money paid as a result of said Initial Certification being issued which shall be paid onlywhenthe decertified workisre certified. ARTICLE 15 -SUSPENSION OF WORBC AND TERMINATION. 15.1 The CITY may,at any time and without cause,suspend theWorkor any portion thereof for a period of notmorethanninety (90)calendar days by notice in writing totheCONTRACTOR and the CONSULTANT,which shall fix the dateonwhich Work shall beresumed.The CONTRACTOR shall be allowed an increase in the Contract Price or an extension oftheContraa Time,or both,directly attributable toany suspension and ifa claim is timely made and ifitis allowed underthetermsofArticles 11 or Article 12. CityMay Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent orifhe makes a general assignment for the benefit ofits creditors,orifatrusteeor receiver is appointed for the CONTRACTOR or for any its property,orifhe files a petition to take advantage of any debtor's actorto reorganize under bankruptcy or similar laws,orifhe repeatedly fails to supply sufficient skilled workmenor suitable materials or equipmentorifhe repeatedly fails tomakeprompt payments to Subcontractors orfor labor,materials or equipment orhe disregards laws,ordinances,rules,regulations or orders of any public body having jurisdiaion,orifhe disregards the authority ofthe CONSULTANT,orifhe otherwise violates any provision of,the Contract Documents,thenthe CITY may,without prejudice to any other right or remedy and after giving theCONTRACTOR and the Surety seven (7)calendar days written notice, terminatethe services oftheCONTRACTOR and take possession oftheProjeaandof all materials, equipmenttools,constructionequipment and machinery thereonownedbytheCONTRACTOR,and finish the Work bywhatevermethoditmaydeemexpedient In suchcasetheCONTRACTOR shall not be entitled to receive any further payment until theWorkis finished.Ifthe unpaid balance ofthe Contraa Price exceedsthedirea and indirect costsof completing the Project including compensation for additional professional services,such excess shall be paid totheCONTRACTOR.Ifsuchcosts exceed such unpaid balance,the CONTRACTOR orthe Surety onthe Performance Bond shall pay the difference totheOWNER.Such costs incurred bytheOWNER shall be determined bythe CONSULTANTand incorporated ina Change Order. Ifafter termination oftheCONTRACTOR under this Section,itis determined byacourtofcompetent jurisdiaion forany reason thattheCONTRACTORwasnot in defaultthe rights and obligations ofthe OWNER and theCONTRACTOR shall bethe same asifthe termination had been issued pursuant to Section 15.5 15.3 WheretheCONTRACTOR'S services have beenso terminated bytheCITY said termination shall not affect any rights oftheOWNER against theCONTRACTORthen existing or which may thereafter accrue.Anyretentionorpaymentofmoneysbythe OWNER duethe CONTRACTOR shall notrelease the CONTRACTOR from liability. 15.4 Uponseven(7)calendardays written noticeto the CONTRACTOR andthe CONSULTANT,theCITY may,withoutcauseandwithout prejudice toanyother right orremedy,electtoterminatetheContract forthe convenience oftheOWNER.In such case,theCONTRACTOR shall be paid for all Work Thomas F.Pepe 12/10/2015 72 executed andacceptedby the CITYasof the dateofthe termination,minusany deduaion fordamageor Defeaive Work.No payment shallbemadeforprofitfor Work whichhas not been performed. 15.4A The CITY reserves the rightin the event the CONTRACTOR cannot providean item(s)or service(s)ina timely manner as requested,to obtain the good and/or servicesfrom other sources and deducting the cost from the Contraa Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination ofthis Contract before completionforanycause whatever,the CONTRACTOR,ifnotifiedtodosobytheCITY,shall promptlyremoveanypartor all ofits equipment andsuppliesfrom the property ofthe OWNER.Shouldthe CONTRACTOR not remove such equipment andsupplies,the CITY shall have the rightto remove them atthe expense of the CONTRACTOR andthe CONTRACTOR agreesthatthe OWNER shall notbe liable forlossordamage to such equipment orsupplies.Equipmentandsupplies shall not be construed to includesuch items for whichthe CONTRACTOR hasbeen paid inwholeorinpart. Contractor May Stop Work or Terminate 15.6 If,throughnoactor fault oftheCONTRACTOR,the Work issuspendedforaperiodofmorethan ninety(90)calendardaysbytheCITYorbyorderofotherpublicauthority,orunderanorder of court orthe CONSULTANT fails toactonany Application forPaymentwithinthirty(30)calendar daysafterit issubmitted,orthe OWNER fails to pay the CONTRACTOR anysumapprovedbythe CONSULTANT, withinthirty(30)calendar days ofits approval,and presentation,thenthe CONTRACTOR may,upon twenty (20)calendardays written noticeto the CITYandthe CONSULTANT,terminate the ContractTheCITYmayremedythe delay or neglect within thetwenty (20)calendar day time frame.If timely remedied bythe CITY,the Contract shall notbe considered terminated.In lieu of terminating the ContractiftheCONSULTANT has failed toaaon an Application for Payment ortheOWNERhas failed tomakeany payment asafore said,theCONTRACTOR may uponten (10)calendar days'noticetothe CITY and theCONSULTANTstopthe Work until it has been paid all amountsthendue. Indemnification ofIndependentConsultant. 15.7 TheCONTRACTOR and theCITY hereby acknowledges thatifthe CONSULTANT is an independent contractor oftheOWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents oronthe performance oftheCONTRACTORortheOWNER pursuant tothe termsofthe Contract Documents.Therefore,the OWNER,atthe CONSULTANT'S request,agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless 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 eventof default or approves any action which requires the approval ofthe CONSULTANT. ARTICLE 16 -MISCELLANEOUS. 16.1 Whenever any provision ofthe Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person tothe individual ortoamemberofthe firm or to an officer ofthe corporation for whom it is intended,orif delivered ator sent by registered or certified mail,postage prepaid,tothelastknown business address. 16.2 The Contract Documents shall remain the property ofthe OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the 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 totheOWNER and CONSULTANT thereunder,shall be in addition to,and shall notbe construed in any way as a limitation of,any rights and remedies available by law,by special guarantee orbyother provisions oftheContract Documents. 16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of any error,omission,or aa oftheotherorof any oftheir employees or agents orothers for whoseaas 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 73 ARTICLE 17 -WAIVER OF BURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial by jury in State or Federal Court proceedings in respect to any action,proceeding, lawsuit or counterclaim arising outofthe Contract Documents orthe performance of the Work thereunder. ARTBCLE 18 -ATTORNEYS FEES JURISDICTION /VENUE/GOVERNING LAW. 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiaion of any court ofcompetent jurisdiaion in Florida regarding any claim or aaion arising outofor relating tothe Contract orContraa Documents.Venue of any aaionto enforce theContraa shall be in Miami-Dade County,Florida. 18.3 Except as may be otherwise provided in the Contraa Documents,all claims,counterclaims,disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or relating to this Contract orthe breach thereof,shall be decided in a court of competent jurisdiction within the State of Florida. ARTBCLE 19 -PROJECT RECORDS. 19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense,the books and records and accounts of CONTRACTOR which relate in any way to the Project and to any claim for additional compensation made by CONTRACTOR,and toconductan audit ofthe financial and accounting records ofCONTRACTOR which relate tothe Project.CONTRACTOR shall retain and make available toCITY all suchbooks and records and accounts,financial or otherwise,which relateto the Projea and to any claim for a period of three (3)years following final completion ofthe Project During the Project and the three (3)year period following final completion of the Project CONTRACTOR shall provide CITY access to its books and records upon five (5)business day's written notice. 19.2 CONTRACTOR and all of its subcontraaors are required to comply with the public records law (s.119.0701)while providing services on behalf oftheOWNER and theCONTRACTOR,undersuch conditions,shall incorporate this paragraph in all of its subcontraas for this Project CONTRACTOR and its subcontraaors are specifically required to:(a)Keep and maintain public records required bythe public agency to perform the service;(b)Upon request from the public agency's custodian of public records,provide the public agency withacopyofthe requested records or allow the records tobe inspected or copied within a reasonable time ata cost that does not exceed thecost 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 contract term and following completion ofthe contract ifthe contractor does not transfer the records tothe public agency;and (d)Upon completion ofthecontract transfer,atnocost tothe public agency all public records in possession ofthe contractor or keep and maintain public records required bythe public agency to perform the service.If the contractor transfers all public records tothe public agency upon completion ofthe 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 ofthecontractthecontraaor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided tothe 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.BF THE 'CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OFPUBLIC RECORDS AT 305-663-6340;E- mails mmenendez@southmiaimifl.gov;6130 Sunset Drive,South Miami,FL. 33143. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable toOWNER 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 74 ARTBCLE 20 -SEVERABILITY. 20.1 Ifanyprovisionofthe Contraa or the application thereof toanypersonorsituationshalltoany extent beheld invalid or unenforceable,theremainderof the Contract andtheapplicationofsuchprovisionsto persons or situations other than those as to whichitshallhave been heldinvalid or unenforceable shall not beaffected thereby,andshall continue in full force and effect andbe enforced to the fullest extent permitted bylaw. ARTBCLE 21 -INDEPENDENT CONTRACTOR. 21.1 The CONTRACTOR isan independent CONTRACTOR underthe Contraa.Services provided bythe CONTRACTOR shall bebyemployeesoftheCONTRACTORandsubjectto supervision bythe CONTRACTOR,andnotas officers,employees,oragentsoftheOWNER.Personnel policies,tax responsibilities,socialsecurityandhealth insurance,employee benefits,purchasing policies and other similar administrative procedures,applicabletoservices rendered under the Contraa shallbe those of the CONTRACTOR. ARTBCLE 22 -ASSIGNMENT. 22.1 The CONTRACTOR shall nottransferor assign any ofits rights or duties,obligations and responsibilities arisingundertheterms,conditionsand provisions ofthisContractwithoutpriorwrittenconsentofthe City Manager.The CITY will not unreasonably withhold and/or delay itsconsenttothe assignment ofthe CONTRACTOR'S rights.The CITY may,initssoleandabsolutediscretion,refusetoallowthe CONTRACTOR to assign its duties,obligations and responsibilities.In any eventthe CITY shall not consenttosuch assignment unless CONTRACTOR remains jointly and severally liable foranybreachof theAgreementbythe assignee,the assignee meets all ofthe CITY's requirementstothe CITY's sole satisfaaion andthe assignee executes all ofthe Contraa Documents thatwere required tobe executed by the CONTRACTOR IN WITNESS WHEREOF,the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contraa Documents on this day of ••J^C p"f"g H&»u\,20 Rr , ATTESTED: Signature^ Thomas F.Pepe 12/10/2015 aria Me^gnoeir City Clerk Read and Approved asto Form,Language, Legalityra^%e'cution Thereof: Signature:y/^ffJ^//N~^v' .City Attorney,./ CONTRACTOR:(A^t/o C Hpx^*Zl Signature:\Jjl>~-^.U^-^-f^ Print Signatory's Name:\s£-\-&ft*Xx^kx Title of Signatory:Vft hl<^ OWNER:CI Signatun 75 .\n<~ B. C. SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 Consultant:In accordance with ARTICLE I ofthe General Conditions CONSULTANT is defined as the person identified as the CONSULTANT in the Supplementary Conditions orif none,then CITY's designated representative as identified in the Supplementary Conditions.The CONSULTANT'S,if any, and the City's Designated Representative's name,address,telephone number and facsimile number are as follows: Consultant:SRS Engineering 5001 SW74CT Suite 201 Miami,FL 33155 Phone:305/662-8887 Fax:305/662-8858 Termination or Substitution of Consultant Nothing herein shall prevent the CITY from terminating the services ofthe CONSULTANT or from substituting another "person"toact as the CONSULTANT. Plans forConstruaion:The successful CONTRACTOR will be furnished one setofContract Documents without charge.Any additional copies required will be furnished tothe CONTRACTOR ata costtotheCONTRACTOR equal tothe reproduction cost. The Scope of Services,also referred toasthe Work inthe contract documents,isasset forth inthe RFP andintheattached EXHIBIT I to the RFPandifthereisaconflictthe attached Exhibit shall take precedence. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and in the documentsetforthintheattached EXHIBIT 2 to the RFPandifthereisaconflicttheattached Exhibit shall takeprecedence. TheWork shall be completed in 90calendardays unless ashortertimeisset forth in the Contract and in such eventthe Contract shall take precedent notwithstanding any provision in the General Conditions tothe Contraa thatmaybetothe contrary. IN WITNESS WHEREOF,the parties hereto have executed the Supplementary Conditions to,. acknowledge their inclusion as part ofthe Contraa on this day of ^plg^Uy 20'63, CONTRACTOR:lie\/c 'SYf/^Xac Signature:[^^Le^Xr <a_•Ki Print Signatory's Name:Ule~l»°P<.'"W&.s s Vc^sJ Title of Signatory:V Cq 51^ ATTEST1 Signature- Maria MeneiY City Clerk Read and Approved asto Form,Language, Legality,an Signature: Legality,and_Exeet^ion'^rherebfr /1s /Av JZfhy Attorney // OWNER:CITY OF SOUTH MIAMI ignature: END OF SECTION Thomas F.Pepe 12/10/2015 76 Bond 0203902 EXHIBIT 7 FORM OF PERFORMANCE BOND SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 (Required asa Condition of Award and Prior to theContractor Receiving aNoticeto Proceed, NotRequiredwith Submittal) KNOW ALL MEN BY THESE PRESENTS: That,pursuant tothe requirements of Florida Statute 255.05,we, Metro Express,Inc.,whose business address is g^1^^8*100 and whose telephone numberis (305)885-1330 as Principal (hereinafterreferredtoas"Contractor"),and „,,.,^l i_•j,.255South Orange Ave,Suite 1515,Berkley Insurance Company .whose business address is orlandfl Fl328Q1 and whose telephone number is (973)775-5256 ,as Surety,are bound totheCityof South Miami whose business address is ^95 SW75th Ave.anj wn0se telephone number is (305)663-6338 [[and Miami- Dade County whose 6usin^ssL aogress is 111 NW 1st St,Miami Fl 331 ?8and whose telephone number is (305)375-5071 ]]as Obligee,(hereinafterreferredtoas "City")intheamountof One HunaYed Two Thousand Five Dollars ($102.580.00 )forthe payment whereof Contractor and s01J^^n=cPa^m?el^/s1,4:,neir heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contractor has enteredintoa Contract,forthe SW 78th Street &62 Avenue Roadway Improvement Project,awarded onthe day of ,20,under Contract Number^FF^PW20lJ^mSe City for the construction of SW 78th &SW 62nd Ave.Roadway ImRtfrKSments descriptionofthe Work)inaccordancewith drawings (plans)and specifications preparedby . whichContractisherebymadeaparthereofbyreference,andishereafterreferredtoasthe"Contract"; THE CONDITION OF THIS BOND is that the Contractor: Fully performs the Contract betweenthe Contractor and the SW 78th Street &62 Avenue Roadway Improvement Project 1.Project,within 90 calendar daysafterthedateof Contract commencement asspecifiedinthe NoticetoProceedandinthemannerprescribedintheContract;and 2.Indemnifies andpaysCity all losses,damages (specifically including,butnotlimitedto,damages for delayandotherforeseeable consequential damages),expenses,costsandattorney'sfees,including attorney'sfeesincurredin appellate proceedings,mediationand arbitration,ifany,thatCitysustains becauseofdefaultby Contractor under the Contract orcausedbyorarising out ofanyactionor proceeding to enforce the Contract orthisBond;and 3.Uponnotificationby the City,correct anyandallpatently defective orfaulty Work ormaterials that appearwithin one (I)yearfromthedateof Final Acceptance asindicatedinthe CONSULTANT Letterof Recommendation ofAcceptance,ifissued,theCertificateofOccupancy,ifissued,orthe Certificateof Completion,ifissuedbytheCity,whichever is applicable andif more thanoneis applicable,the one thatisissuedlast,forpatentDefective Work,and correct anyand all latentdefects thatarediscoveredbeforetheexpirationofthethird(3rd)year following the dateof Final Acceptance asindicatedin the CONSULTANT Letterof Recommendation ofAcceptance,ifissued,theCertificate ofOccupancy,ifissued,ortheCertificateof Completion,ifissuedbytheCity,whichever isapplicable andif more than one is applicable,theonethatisissuedlast;and 4.Performstheguaranteeofall Work andmaterialsfurnishedunderthe Contract forthetimespecified in the Contract. Ifallof the forgoing conditions aremet,thenthisBondisvoid,otherwise itshallremainin full forceand effect. Whenever Contractor shall be,anddeclaredbytheCitytobe,indefaultfor failing toperforminstrict accordancewithanyof the terms oftheContract,theSurety shall promptly remedy thedefaultaswellas perform in the followingmanner: Complete the Contract inaccordancewiththeContract'stermsandconditionsprovidedtheCity makes available,as Work progresses,thatportionofthe Contract Pricethathasnotalreadybeen paid to,oronbehalfof,the Contractor.TheCityshallnotberequiredtopayany more thantheamount ofthe Contract Price.Thesurety shall not beobligatedtopaymorethanthemaximumamountfor whichtheSuretymaybe liable assetforthinthefirst paragraph ofthisbond.IftheSurety fails to commence the Work withinthirty(30)daysofreceiptof the City'sdeclarationofadefaultorifthe Thomas F.Pepe 12/10/2015 77 Surety fails tomanthejobwithsufficient forces,orsuspendstheWork,formorethanthirty(30) days,eitherconsecutiveorin combination with separate occasions,theCity shall have theoption,in theCity'ssolediscretion,and without waiving itsrighttoanyotherremedyor damages providedfor bythisbond,to complete the Work withotherforcesandtheSurety shall payforthecostto completethe Work.Theterm"balanceoftheContract Price"asusedinthis paragraph,shall mean thetotalamount payable byCitytoContractorundertheContractandanyamendments thereto,less theamountproperly paid bytheCitytotheContractor. Norightofaction shall accrueonthisBondtoorfortheuseofanypersonorcorporationotherthanthe Citynamedherein. The Surety hereby waivesnoticeofandagreesthatanychangesinorunder the Contract Documents and compliance or noncompliance withany formalities connectedwiththeContract shall notaffecttheSurety's obligationunderthisBond. IN WITNESS WHEREOF,theabove bonded partieshave executed this instrument undertheirseveral sealsonthis dayof ,20,thenameandthecorporatesealofeach corporate partybeing hereto affixedand these presentsbeing duly signedbyitsundersignedrepresentative. IN PRESENCE OF: OR ATTEST: ->*-^4> Secretary Thomas F.Pepe 12/10/2015 Berkley (Individual,President,Managing Member orGeneralPartner,etc.) (BusinessAddress) (City/State/Zip) (Business Telephone) Metro Expressing Corporate I^(President)Delio Trasobaresi 9442 NW 109th Street.Ste. (BusinessAddress) Medlev.FL 33178 (City/St (305)885-1330 /(Business Telephone) 100 Insurance Opmjany insurance company: BY:MM (i J |kt£T(SEAU Michael A.Bbnef,Attofrfey-ln-Fact • 255 So'uth Orange Ave.Suite 1515 (Business Address) Orlando.FL 32801 (City/State/Zip (973)775-5256 (Business Telephone) 78 STATE OF FLORIDA COUNTY OF MIAMI-DADE On this,the JC day ofCfe^W^xWV^,20£^_,^efor Florida,the foregoing performance bond was acknowledged byt*i)\f,rida,the forego efore me,theundersignednotary public oftheStateofr>^rVct&SObOc^S (Corporate Officer), (Title).ofJmtf^c^ZSS .^uPL (Name of Corporation),a "?*[(Vvv,<=^g>,(Stateof Incorporation)corpori WITNESS my hand and official seal.C NOTARY PUBLIC: SEAL OF OFFICE: Personally known tome,or Personal identification: \behalfofthe corporation. (NameofNotary Public:Print,Stamp orTypeas commissioned.) Type of Identification Produced Didtakeanoath,or •/Did Not take anoath. OFFICIAL NOTARY SEAL *#«*ElAYNE PATRICIA REINA HAYEK frX%NOTARY PUBLIC STATE OF FLORIDA &JK^rJ COMMISSION #FF1020W v$W MY COMM.EXPIRES.JULY 7.2018 Thomas F.Pepe 12/10/2015 79 Bond No.0203902 EXHIBIT 8 FORM OF PAYMENT BOND SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 (RequiredasaCondition of AwardandPriortothe Contractor Receivinga Notice toProceed, Not Required with Submittal) KNOW ALL MEN BY THESE PRESENTS: That,pursuanttotherequirementsof Florida Statute 255.01,et seq.,Florida Statutes,we, Metro Expressr Inc.,whose business address is a^™^8*100 and whose telephone numberis (305)885-1330 .as Principal,(hereinafterreferredtoas"Contractor"),and Berkley Insurance Company whose business address is ^g^ggAve>Suite 1515and whose telephone numberis(973)775-5256 asSurety,areboundtotheCityofSouth Miami,whosebusinessaddressis South Miami l~L 33143 and wnose telephone number is (305)663-6338 [[and Miami-Dade County whose business 'address is 111 NW1stSt.,Miami,FL 33128 and whose telephone number is (305)375-5071 ]]as Obligee,(hereinafter referred toas "City")intheamountof One Hundred Two Thousand Five Hundred Dp||ars ($102,580.00 )for the payment whereof Contractor Eiyliiy arid 00/100 ;;—~N^;—;—''... and Surety bind themselves,their heirs,executors,administrators,successors andassigns,jointlyandseverally. WHEREAS,Contractor has,by written agreement,entered into a Contract for SW 78th Street &62 Avenue Roadway Improvement Project Projectawardedonthe dayof ,20,underContractNumber PW2016-18 for the constructionof SW 78th&SW62nd Ave.Roadwav Improvements (briefdescriptionofthe Work)bytheCityinaccordancewith drawings (plans)and specifications,ifany,preparedby whichContractisherebymadea part hereof by reference andis hereafter referred toas the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: I.Promptly performs the construction work inthetimeandmanner prescribed intheContract;and 2.Promptlymakespaymentstoall claimants,asdefinedinSection255.05,Florida Statutes,supplyingContractor withlabor,materials,orsupplies,useddirectlyorindirectlybyContractorintheprosecutionofthe work providedforintheContract;and 3.Pays City all losses,damages,expenses,costs,andattorney's fees,including thoseincurredinany appellate, mediationorarbitrationproceedings,ifany,that Owner sustainsbecauseofadefaultby Contractor underthe Contract;and 4.Performs the guaranteeof all work andmaterialsfurnishedunderthe contract forthetimespecifiedinthe contract,then thisobligationshallbevoid;otherwise,it shall remainin full forceandeffect. Anyactioninstitutedbyaclaimantunderthisbondforpaymentmustbeinaccordancewiththenotice and time limitationprovisionsinSection255.05(2),Florida Statutes. TheSuretyhereby waives noticeof and agrees thatany changes inorundertheContract Documentsand compliance or noncompliance withany formalities connectedwiththeContract shall not affecttheSurety'sobligationunderthisBond. INWITNESS WHEREOF,theabovebonded parties haveexecutedthisinstrumentundertheir several seals onthis dayof ,20,thenameandthecorporate seal of each corporatepartybeinghereto affixed andthesepresentsbeingduly signed byits undersigned representative. IN PRESENCE OF: (Individual,President,Managing Member or General Partner,etc.) (Business Address) (City/State/Zip) (Business Telephone) or Metro Express,Inc. Thomas F.Pepe 12/10/2015 (Corporate Name) 80 02w~u Secretary STATE OF FLORIDA COUNTY OF MIAMI-DADE (President)Delio Trasobares 9442 NW 109th Street,Ste.100 (BusinessAddress) Medley.FL 33178 (City/State/Zip) (305)885-1330 (Business Telephone) ey Insurance C'ompainy,insurance company: BY:t (Agent and Attorney-in-fact Signature)Michael A.Bonet 255 South Orange Ave.Suite 1515 (BusinessAddress) Orlando.FL 32801 (City/State/Zip 305-885-1330 (Business Telephone) I'll;'4 «./i/ni 2(SEAL) On this,the who isthe "ty[/rwt,c^g»i (State of Incorporation)company or partnership^on behalf of the corporation and who is personally known bymeorwho provided me with the following typeof identification _andwhotook an oath or affirmed that he/she is the person jpr\o signed the foregoing payment bond. WITNESSmyhandandofficialseal. IG day offSffikWfcrV ,20/P .before me_appeared0^t\-0 A.^ro^s-oV^c^r-^.(Title),ofH^ko^^^^R3jnC -(Name of legal entity),a NOTARY PUBLIC: SEAL *Power of Attorney mustbe attached. Thomas F.Pepe I2/I0/20I5 (NameofNotary Public:Print,Stamp or Typeascommissioned.) END OF SECTION 81 OFFSCBAL NOTARY SEAL -arc*ELAYNE PATRICIA REINA HAYEK &&*h NOTARY PUBLIC STATE OF FLORIDA &JgLy COMMISSION #FF102081 X»3P MY C0WW.EXPIRES:JULY 7,2018 EXHIBIT 9 SW 78 Street &SW 62 Avenue Roadway Improvements RFP#PW20I6-I8 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall beusedforresolutionofprotested solicitations and awards.Theword "bid",aswellasallofitsderivations,shall meanaresponsetoa solicitation,including requestsfor proposals,requests fora letter ofinterestandrequestsfor qualifications. (a)NoticeofIntenttoProtest.Any actual or prospective bidderwhoperceives itself tobe aggrieved inconnectionwithany formal solicitation orwhointendstocontestorobjecttoanybid specifications orany bid solicitation shall file awrittennoticeofintentto file aprotestwiththeCity Clerk'sofficewithin three calendar days priortothedatesetforopeningof bids.Anoticeof intent to file a protest isconsidered filed whenreceivedbytheCityClerk's office bye-mailor,ifhanddelivered, whenstampedwiththeCityClerk'sreceiptstamp containing thedateandtimeofreceiptofanoticeof intentto file a protest.Anyactualresponsiveandresponsiblebidderwhoperceivesitselftobe aggrievedinconnectionwiththe recommended awardofa contract andwhowishesto protest the award,shall file a written notice of intent to file a protest with the City Clerk's officewithin three calendardaysaftertheCityCommissionmeetingatwhichthe recommendation isconsideredforaction. Anoticeof intent tofilea protest is considered filed whenreceivedbytheCity Clerk's officebye-mail or,ifhanddelivered,when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b)Protest ofsolicitation.A protest ofthesolicitation or awardmustbeinwriting ("Protest Letter")and submitted to the CityClerk'sofficewithin five calendardays after thedateofthe filing of the notice of intent to file a protest.The Protest Letter is considered filed when the Protest Letter and the required filing feeof $1,000 arebothtimelyreceivedby the City Clerk's office.In order for the Protest Letter and filing fee to be considered timelydeliveredbyhanddelivery,the date stampof the Clerk's officemust appear on the original Protest Letter and/or acopyof the Protest Letter and the date stamp must also appear onacopyof the checkissuedfor the payment of the filing fee,or,if payment ismadeincash,a receipt mustbeissuedbythe Clerk's officereflecting the dateof receipt of the payment.While the Clerk may accept the Protest Letter byemail,the Protest Letter shall not be considered to betimelyreceiveduntilandunlessthe required filing feeof $1,000 isreceivedby the City Clerk's officeand,if payment isincash,a receipt isissuedwith the date of the receipt ofpayment,or if payment isbycheck,acopyof the checkis stamped by the Clerk with the date stampof the Clerk's office showing the date of receipt.The Protest Letter shall state with particularity the specificfactsand lawuponwhich the protest isbased,itshall describe and attach all pertinent documents and evidence relevant andmaterial to the protest anditshallbe accompanied byany required filing.Thebasisfor reviewof the protest shallbe the documents and other evidence described inand attached to the Protest Letter andnofacts,grounds,documentation,or other evidencenot specifically described inand attached to the Protest Letter atthetimeofits filing shall be permitted or considered in support of the protest. (c)Computation oftime.Notime will beaddedtotheabovetimelimitsforserviceby mail.The lastdayoftheperiodsocomputed shall be included unlessitisa Saturday,Sunday,or legal holiday in which event theperiodshallrununtilthenextdaywhichisnota Saturday,Sunday,or legal holiday. (d)Challenges.The written protest may not challengetherelativeweightoftheevaluation criteria or anyformulausedforassigningpointsinmakinganaward determination,nor shallitchallengethe City's determination ofwhatisintheCity'sbestinterestwhichisoneof the criteriaforselectinga bidder whose offermay not be the lowestbidprice. (e)Authoritytoresolveprotests.The Purchasing Manager,after consultation withtheCity Attorney,shallissuea written recommendation withintencalendardaysafterreceiptofa valid Protest Thomas F.Pepe 12/10/2015 82 Letter.Said recommendation shall besenttotheCity Manager withacopysenttotheprotestingparty. The City Manager may then,submit a recommendation to the City Commission for approval or disapproval of the protest,resolve the protest without submission to the City Commission,or reject all proposals. (f)Stay of procurement during protests.Upon receipt of a timely,proper and valid Protest Letter filed pursuant to the requirements of this section,the City shall not proceed further with the solicitation orwiththe award orexecutionofthecontract until theprotestisresolvedbytheCity Manager orthe City Commission as provided in subsection (e)above,unless the City Manager makes a written determination thatthe solicitation process orthe contract award must be continued without delay in order to avoid potential harm to the health,safety,or welfare of the public orto protect substantial interests ofthe City orto prevent youth athletic teams from effectively missing a playing season. Thomas F.Pepe 12/10/2015 83 STATUS OF CONTRACTS ON HAND Give fuii information aooulal!of your contracts wither pnme or subcontracts whether in progressor awarded butnotyetbegunandregardlessof us iocat.on and w«rn wnom contracted 1 2 3 4 5 6 I 7 CLASSES OF WORK DOT PROJECTS AND LOCATION OF WORK YOU ARE PERFORMING CONTRACT (OR SUBCONTRACT) AMOUNT AMOUNT SUBLET TC OTHERS >'..BALANCEOF CONTRACT AMOUNT UNCOMF1.£TEDAMOU»fTTOBEOONE BY AS PRIME CONTRACTOR AS SUBCONTRACTO S S $$S DOT WORK s (Col.5 Subtotal) CLASSES OF WORK OTHER (Non-OOT)PROJECTS.OWNER,ANDLOCATIONOF WORK YOU ARE PERFORMING CONTRACT(OR SUBCONTRACT) AMOUNT AMOUNT SUBLET TO OTHERS BALANCE OF CONTRACT AMOUNT Drainage.Paving.Sidewalk CityofCoral Gables.PWD-2013-07-10 (Year-2016)S2.000.000 00 $361,108.03 $361,108.03 Sidewalk City ofMiami.M-0096 (Year-2016)$731.662 60 $181.922 07 $181.922 07 Drainage.Paving.Concrete CityofMiami,B-40339 $351.997 63 $313,618.68 $313.618 68 Drainage Paving,Concrete City of Miami.B-40340 $345,295.64 S44.401 17 $44,401 17 Drainage Paving,Concrete City of Miami.B-40342 S162.005 35 S144.632 89 $144.632 89 Drainage.Paving.Concrete JOC-Power Alliance.Miami Beach 2016 $598,191 00 $233,609.85 $233,609.85Paving.Concrete Miami-Dade County.Resurfacing 20140111 $1,956.89398 S0.00 $0 00 Sidewalk Miami-Dade County.Push Button Sidewalk 20140154 $673.022 40 $423.830 89 S423.830.89SidewalkMiami-Dade County.Push Button Sidewalk 20140156 $663.81100 $588,361 80 S588.36180 Drainage.Paving Concrete Miami-Dade County.Push Button Intersections 20140206 $808,311.69 $475,884 85 $475.884 85 Drainage.Paving.Concrete Miami-Dade County.Push Button Intersections 20140207 $840.184 83 S619.03286 $619,032.86 Drainage Paving.Concrete TownofMiami Lakes.Miscellaneous Work 2016 $90.000 00 $25.960 00 $25,960.00 Sidewalk Cityof Homestead.Sidewalk Installation Repairs 2016 $97,710.00 $50,343.72 $50.343 72 Sidewalk City of Deerfield Beach.CDGB Sidewalk 2016 $100.28215 $0.00 $0.00 Sidewalk City ofMiami Gardens.Sidewalk Repairs (Year2016)3500.000 00 S43.320.36 $43.320 36 Sidewalk City ofNorthMiamiBeach.Sidewalk Repairs 2016 $287,500.00 $146,682.40 S146.682 40 Sidewalk CityofWiltonManors.Sidewalk Repairs 2016 $30,000 00 $2,683.44 S2.683.44 Sidewalk Cityof Dania Beach.Sidewalk Repairs $160,000 00 $101.920 19 $101,920.19 Paving.Concrete.Drainage Miami-Dade County.Port of Miami M2013-014 S1.517.084 00 $875,269.27 $875.26927 Sidewalk Villageof Palmetto Bay.Sidewalk villagewide 2016 $100,89168 $0 00 SO 00 Concrete,Paving Mastec.Restoration Contract 2016 $400,000 00 $208.825 00 $208,825 00 Water Sewer Drainage.Concrete Cityof Miami-B-40668.Flex Park Marine Stadium $7,000,000.00 $1,174.254 72 S1.174.254 72 Sidewalk Miami-Dade County.Busway Pedestnan Imp.20150046 S698.687 40 $465.790 85 $465,790.85 Paving Miami-DadeCounty.Roadway Improvements 20150067 $339,184.70 $46,092.26 $46.092 26 Sidewalk City of Weston.Sidewalk Repairs 2016 $9,500.00 $1,080.00 $1.080 00 Sidewalk Villageof Pinecrest.Sidewalk Repairs 2016 $15,000.00 $176 25 $17625 Sidewalk Cityof Miramar.Sidewalk Repairs 2016 $48,950 00 $3,807.40 $3.807 40 Sidewalk Cityof Margate.Sidewalk Rapairs 2016 $30,000.00 $3 784.68 $3,784.68 Sidewalk City of Tamarac.Sidewalk Repairs 2016 $13,998.40 SO 00 $0.00 Sidewalk.Paving Cityof Hallandale Beach.Sidewalk 2016 $30,000.00 $1974.00 $1.974 00 Drainage.Paving.Concrete CityofMiami.B-40347 (Grove Park)S1.136.770.00 $1,136,770.00 $1,136,770.00 Drainage.Paving.Concrete Cityof Doral.NW109thAVE Improvements $396.856 80 $396,856.80 $396,856.80 Drainage.Paving.Concrete Cityof Aventura.NE29thPL Improvements S721.027.05 $721.027 05 $721,027.05 $8,793,021.48 $8,793,021.48 (Col.5 Subtotal) PLEASE ENTER ATTACHMENT TOTALS ON THIS UNE TOTAL UNCOMPLETED WORKONHANDTOBEDONEBYYOU GRAND TOTAL NOTE Columns 3 and 4toshowtotal contract (or subcontract)amounts.Column5tobe difference between columns 3and4Amount m columns6or7tobe uncompleted portionof amount incolumn 5 All amounts tobeshownto nearest S100.00 The Contractor may consolidate and list asa single item all contracts which individually donotexceed t $8,793,021.48 $0.00 $8,793,021.48 fetal of Columns 6 and i Must Be Fitted In and Must Agree with Related fcttactunentfe),If furnished. 3%of the total,and which,in the aggregate.amount to less man zuv*or tne total METRO-7 OP ID:SD y*OOJ?i>-CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OFINSURANCEDOESNOT CONSTITUTE ACONTRACTBETWEENTHE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:Ifthecertificateholderisan ADDITIONAL INSURED,thepolicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions ofthepolicy,certainpoliciesmayrequirean endorsement.A statement onthiscertificate does not conferrightstothe certificate holder inlieu of such endorsement(s). PRODUCER Kahn-Carlin &Company,Inc. 3350 S.Dixie Highway Miami,FL 33133-9984 CONTACT NAME: SB8HS1.Ext.305-446-2271 gg.NoJ:305-448-3127 address:certificates@kahn-carlin.com INSURER(S)affording coverage NAIC# insurer a:Zurich-American Insurance Co 16535 insured Metro Express,Inc. 9442 NW 109th Street Suite 100 Medley,FL 33178 insurer b:American Guarantee &Liab Ins 26247 insurer c:North River Insurance Co.21105 insurer D:Bridgefleld Employers InsCo 10701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHE POLICIES OFINSURANCELISTEDBELOW HAVE BEENISSUEDTOTHEINSURED NAMED ABOVEFORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANYREQUIREMENT,TERMOR CONDITION OFANYCONTRACTOROTHER DOCUMENT WITH RESPECT TOWHICHTHIS CERTIFICATE MAYBEISSUEDORMAYPERTAIN,THEINSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTOALLTHETERMS EXCLUSIONS ANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. KBBL1INSR LTR B TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS-MADE XCU Included m OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: policy [X]Sect •loc OTHER: AUTOMOBILE LIABILITY X"ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON-OWNED AUTOS UMBRELLA LIAB X OCCUR EXCESS UAB CLAIMS-MADE PEP RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory inNH) If yes,describe under DESCRIPTION OF OPERATIONS below • 1USJ1 B0BR- W^Q.POLICY NUMBER GLO0184185-00 BAP 0184184-00 581-105887-2 830-38388 POUCY EFF (MM/DD/YYYY) 09/12/2016 09/12/2016 09/12/2016 09/22/2016 POLICY EXP (MM/DD/YYYY) 09/22/2017 09/22/2017 09/22/2017 09/22/2017 UMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MEPEXP(Any one person) PERSONAL &AOV INJURY GENERAL AGGREGATE PROOUCTS -COMP/OP AGG COMBINEP SINGLE LIMIT (Eaaccident) BOOILY INJURY (Per person) BOOILY INJURY (Per accident) PROPERTY PAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER STATUTE OTH ER E.L EACH ACCIDENT E.L DISEASE -EA EMPLOYEE E.L DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule,may beattached ifmore space is required) Re:SW 78 Street &SW 62 Avenue Roadway Improvements RFP #FW2016-18 The Certificate HolderisAdditionalInsuredwith respects toGeneral Liability. CERTIFICATE HOLDER CANCELLATION 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 3,000,000 6,000,000 1,000,000 1,000,000 1,000,000 City of South Miami 6130 Sunset Drive South Miami,FL 33143 SOUT-13 SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25(2014/01) AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.Allrightsreserved. TheACORD name andlogoare registered marks ofACORD Conforms with The American Institute of Architects, A.l.A.Document A310(2010Edition) Bid Bond CONTRACTOR: (Name,legal stains ami address) Metro Express,Inc. 9442 NW 109th Street,Ste.100 Medley,FL 33178 OWNER: (Name,legalstatusandaddress) City of South Miami 6130 Sunset Drive South Miami,FL 33143 BOND AMOUNT: Five Percent of Amoung Bid (' PROJECT: (Name,location araddress,and Project number,if any) SW 78 STREET &SW 62 AVE.ROADWAY IMPROVEMENTS -RFP #PW2016-18 SURETY: (Name,legalstainsandprincipalplace ofbusiness) Berkley Insurance Company 255 South Orange Ave,Suite 1515 Orlando,FL 32801 f*****co/*****\ This document hasimportantlegal consequences Consultation with an attorney is encouraged with respect loits completion or modification. Any singular reference to Contractor,Surety,Owner or other party shallbe considered plural where applicable. I he Contractor andSuretyareboundto the Ownerin the amount set forth above,for the payment ofwhichthe Contractor andSuretybindthemselves,theirheirs,executors,administrators,successors and assigns,jointlyand severally,as provided herein.The conditions ofthis Bond are such that iftheOwneraccepts the bidofthe Contractor withinthetimespecifiedinthebid documents,or within such time period as maybe agreed tobytheOwnerand Contractor,and the Contractoreither (I)entersintoacontractwiththeOwnerinaccordancewiththeterms of such bid,andgivessuchbondorbondsasmaybe specified inthebiddingor Contract Documents,withasurety admitted in the jurisdiction ofthe Project and otherwise acceptable lo the Owner,for the faithful performance ofsuch Contract and for the prompt payment of labor and material furnished inthe prosecution thereof;or(2)pays totheOwnerthe difference,nottoexceed the amount ofthis Bond,between theamount specified insaidbid and such larger amount for whichtheOwnermayingood failh contract with another partylo perform thework covered bysaidbid,thenthis obligationshallbenullandvoid,otherwiseto remain in full forceandeffect.TheSuretyherebywaivesanynoticeof an agreement between theOwner and Contractor lo extend the lime in which theOwnermay accept the bid.Waiver of noticebytheSuretyshallnotapplyloanyextensionexceedingsixty(60)daysin the aggregate beyondthelime for acceptance of bidsspecifiedinthebiddocuments,andtheOwnerand Contractor shallobtaintheSurety'sconsent for anextensionbeyondsixty(60)days. If this Bond is issued in connection with a subcontractor's bidtoa Contractor,the icrm Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shallbe deemed tobe Contractor. Whenthis Bond has been furnished tocomplywitha statutory orother legal requirement in the location ofthe Project, any provision inthisBondconflictingwithsaid slatulory orlegal requirement shallbedeemeddeletedherefrom and provisions conforming tosuch statutory orother legal requirement shall be deemed incorporated herein.Whenso furnished,the inlcyUsJhat thisBondshallbe construed asastatutorybond and notasacommonlawbond. Signedandscaled Carmen E.Pillot August 2016 Metro Express (Pj (Title) Berkie^lns (Surety) (Title)' (Seal) rSeaf) IN0.BI-JUU/1 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE:The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY (the "Company"),a corporation duly organized and existing under the laws ofthe State ofDelaware,having its principal office in Greenwich,CT,has made,constituted and appointed,and does by these presents make,constitute and appoint:Roy V.Fabry or Michael A,Bonet of Kahn-Carlin <£ ~"Co,,Inc.of Miami,FL its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, |seal,acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing t that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars (U.S.$50,000,000.00),to the same extent as if such 3 bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their r own proper persons. ^This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, %without giving effect to the principles of conflicts of laws thereof.This Power of Attorney is granted pursuant to the following J resolutions which were duly and validly adopted ata meeting of the Board of Directors of the Company held on January 25,2010: ^RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,the Chairman of the Board,Chief |Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant fi Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein Z to execute bonds,undertakings,recognizances,or other suretyship obligations on behalfofthe Company,and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto;and said officers may remove any such c attorney-in-factandrevokeanypowerof attorney previouslygranted;andfurther Z RESOLVED,that such power of attorney limits the acts of those named therein tothe bonds,undertakings,recognizances, j5 or other suretyship obligations specifically named therein,and they have no authority to bind the Company except in the X manner andtothe extent therein stated;and further 't RESOLVED,that such power of attorney revokes all previous powers issued on behalfofthe attorney-in-fact named;and "1 further S RESOLVED,thatthe signature of any authorized officer and the seal of the Company may be affixed by facsimile to any |power of attorney or certification thereofauthorizing the execution and delivery of any bond,undertaking,recognizance,or %other suretyship obligation ofthe Company;and such signature and seal when so used shall have the same force and effect as ^though manually affixed.The Company may continue to use for the purposes herein stated the facsimile signature of any ~person or persons who shall have been such officer or officers ofthe Company,notwithstanding thefactthat they may have |ceased tobe such at the time when such instruments shall be issued. 1 IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its p corporate seal hereunto affixed this 22-day ofJ UJU ,2013. t;^•1~6 Attest:/li ^^"""Berkley Jnsurance Company i (Seal)By >/'P/^^^ _IraS.Lede'rrr&n g Senior Vice President &Secretary ^nf I WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) )ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /-^day ofv JO^W JeffreyM.Hafter who are sworn tometobethe Senior Vice President and Secretary^and thje Berkley Insurance Company. ,2013^by Ira S.Ledcrman and Senior Vice president,respectively,of -Z&wX^,L&A1 Notary Public,State ofCc ~mnwpuBucinecticutcoWNffinaifCERTIFICATE(/^^^mSS^^^L £I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY thatthe foregoing isa c true,correctandcompletecopyoftheoriginalPowerofAttorney;thatsaidPowerofAttorneyhasnotbeenrevokedorrescinded .£andthatthe authority ofthe Attorney-in-Fact set forth therein,who executed thebondor undertaking to which this Power of Attorney is attached,isinfullforceandeffectas of thisdate. Given under myhandandseal of theCompany,thisdayof (Seal) Andre Please verify the authenticity of theinstrumentattachedtothis Power by: Toil-Free Telephone:(800)456-5486;or Electronic Mail:BSGinquiiT@berkleysiiretT.com Anywritten notices,inquiries,claimsor demands totheSuretyonthebond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 3 ION Morristown,NJ 07960 Attention:Surety Claims Department Email:BSGClaim^berklevsurety.com Please include with all communications the bond number and the name of the principalonthebond.Where aclaimisbeingasserted,pleasesetforth generally thebasis of theclaim.Inthecase of apaymentorperformancebond,pleasealso identifytheprojecttowhichthebondpertains. Berkle3'Surety Group isan operating unit of W.R.Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company,Berkley Regional Insurance Company andCarolina Casualty Insurance Company. Soutfr Miami THE CITY OF PLEASANT L1VINC ADDENDUM No.#1 Project Name:SW78StandSW62AvenueRoadway Improvements RFP NO.PW20I6-I8 Date:August8,2016 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Solicitation,andisherebymadepartoftheDocuments.All requirementsoftheDocuments not modified herein shall remainin full forceandeffectas originally setforth.It shall bethe sole responsibility ofthebiddertosecure Addendums that may be issued fora specific solicitation. QUESTION #1: Couldyoupleaseprovideengineers estimate for RFP #PW2016-18 SW78 Street &SW62 AvenueRoadway Improvements Project? RESPONSE: This project does not have an Engineer Estimate.The City's Adopted Budget "Capital Improvement Program"for.Fiscal Year 2015 -2016 includes budget line item amounts forthis project.The page referencedfromtheAdopted Budget isattachedtothisAddendum and;the Adopted Budget is available onthe City's website.However,the full budget amounts listed will notbe used astheprojectaddressed in theScopeof Services forthis RFP includes a small portionoftheSW62Avenue project scope. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 South*'Miami THE CITY OF PLEASANT LIVINC ADDENDUM No.#2 Project Name:SW78StandSW62 Avenue Roadway Improvements RFP NO.PW20I6-I8 Date:August 11,2016 Sent:Fax/E-mail/webpage Thisaddendum submission isissuedto clarify,supplementand/or modify the previously issued Solicitation,andisherebymadepartoftheDocuments.All requirementsoftheDocuments not modified herein shall remain in full forceandeffectas originally setforth.It shall bethe sole responsibility ofthebiddertosecure Addendums that may be issued fora specific solicitation. CLARIFICATION #1: ThenumberofhoursforPoliceofficersisreflectedas60hoursinthescopeof work and80 hoursintheScheduleof Values.Thisvalueisanallowanceandmaybereflectedas80hours. CLARIFICATION #2: The traffic sensor loopslocatedonSW 62nd Avenue,Southof the intersection withSouthDixie Highway (US I)arenottobedisturbedand shall be protected duringthe construction oftheproject. Thetrafficloops are outside thelimitsofthe project. CLARIFICATION #3: Theplansspecifiedinthescopeofwork,prepared by SRS Engineeringandtitled "Roadway andSidewalk Improvements"areincludedwithinthisaddendum.As noted in the scope of work,all concrete work istobe performed by others. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 PLANS FOR ROADWAY AND SIDEWALK IMPROVEMENTS 6231 SW 78th STREET,SOUTH MIAMI,FL 33143 NDBC OF 0RAWN09 8HSTNLAAS)WSTTTOE C-0 COVER SHEET S-l BOUNDARY AND TOPOGRAPHIC SURVEY C-1 CENEftAl NOTES C-2 0EM0UT10N PLAN C-3 PAVING CRADWG AND DRAINAGE PLAN C-4 PAVING DC TAILS AND TYPICAL CROSS SECTION C-5 OKAINAGl DETAILS PROJECT LOCATION SV 76TH S] 7iTH TE SW 77TH TE SW 81ST V SV 82ND ST SV 83RD S LOCATION MAP NTS. PREPARED FOR: THE CITY OF SOUTH MIAMI BY= mux,T\:4i.<mttua Soutfr Miami 1HF CTV OF PLEASANT LIVING cmr of south miami MAYOR PHUP K.STOOOARD,PHD VICE MAYOR ROBERT WELSH COMMISSIONERS OABRELEDMOND J08HLEBMAN WALTER HARRJ8 CITY MANAGER STEVEN ALEXANDER vx*»»ll,,,,"»,/ >f0«ill ''"llllll*** SRS PROJECT^1606 DATE:5/6/2016 SHEET:C-0 GENERALNOTES: 1.EXISTINGINFORMATIONHASBEENOBTAINEDFROMTHESKETCHOPTOPOGRAPHIC SURVEYPERFORMEDBYHAOONNE.OATEO04/11/16. 2.ELEVATIONSSHOWNONTHEDRAWINGSAREINFEETBASEDONNATIONALGEOOETTC VERTICALOATUM1329(N.C.V.O.). 3.FLOODCRITERIAELEVATIONIS6.00FEETBASEOONMIAMI-DADECOUNTYFLOOD CRITERIAMAPS. 4INACCORDANCEWITHTHEFEDERALEMERGENCYMANAGEMENTAGENCY(FEMA)FLOOD INSURANCERATEMAP(FIRM)COMMUNITYPANELNo.12086C0458L.MAPREVISED SEPTEMBER11.2009:THISPROPERTYISLOCATEDIN'SPECIALFLOODHAZARDAREAS INUNDATEDBV100-VEARFLOOD"ZONEX. 5ALLPUBLICLANDCORNERS.BENCHMARKS.MONUMENTSANDREFERENCEDPOINTS WITHINTHELIMITSOFCONSTRUCTIONARETOBEPROTECTSBYTHECONTRACTORAS FOLLOWS-CORNERS.BENCHMARKS,MONUMENTSANDREFERENCEDPOINTSIN CONFLICTWITHTHEWORKANDINOANGEROFBEINGDAMAGED.DESTROYEDOR COVEREOHAVETOBEPROPERLYREFERENCEDBYAPROFESSIONALLANOSURVEYORIN ACCORDANCEWITHTHEMINIMUMTECHNICALSTANDARDSOFTHEFLORIDABOARDOF PROFESSIONALLANDSURVEYORSPRIORTOBEGINNINGWORKATTHATSITE.THE C^TRACTORSHAURETAINTHELANOSURVEYORTOREFERENCE.ANDRESTOREUPON COMPLETIONOFTHEWORK.ALLSUCHCORNERSANDMONUMENTSANDSHALLFURNISH TOTHEENGINEERASIGNEDANDSEALEDCOPYOFTHELANDSURVEYORSREFERENCE DRAWING. 648HOURSPRIORTODICCtNGCONTRACTORSHALLCOORDINATEWITHALLUNDERGROUNDUT.UTYSERVICECOMPANIESTOVERIFYLOCATIONOFALLUNDERGROUND UTMITIESADDITIONALLY.CONTRACTORSHALLCONTACTSUNSHINESTATEONECALLOF FLORIDA.INC.(flU)TOASSURETHATALLUTILITIESHAVEBEENIDENTIFIED. 7THELOCATIONANDSIZEOFALLEXISTINGUTILITIESSHOWNONTHEPLANAREAPPROXIMATEADDITIONALUTILITIESMAYEXISTWHICHARENOTSHOWNIONPLANS. THECONTRACTORSHALLBERESPONSIBLEFORTHELOCATIONOFALLEXISTINGUTILITIESTHECWTrIcTORSHALLVERIFYALLUT.UT.ESBYELECTRONIC=METHODSAND BYHANDEXCAVATIONINCOORDINATIONWITHALLUTILITYCOMPANIES.PRIORTO BECWNINGANYCONSTRUCTIONOPERATION.ANYANOAaCONFLICTSOFEXJSTJNC UTILITIESWITHPROPOSEOIMPROVEMENTSMUSTBERESOLVEDBYTHE ARCHITECT/ENGINEERANDTHEOWNER.THISWORKBYTHECONTRACTORSHALLBE CONSIDEREDINCIDENTALTOTHECONTRACTANDNOADDITIONALCOMPENSATIONSHALL BEALLOWED. B.ALLGRASSAREASAFFECTEDBYCONSTRUCTIONSHALLBESODDED. 9ANYEXISTINGBUlLOlNC.PAVEMENTOROTHEREXISTINGIMPROVEMENTSNOT^EOnED FORREMOVALWHICHISTEMPORARILYDAMAGED.EXPOSEDOR^ANYWAYDISTURBED BYCONSTRUCTIONPERFORMEDUNDERTHISCONTRACT.SHALLBEREPAIREO.PATCHED ORREPLACEDATNOADDITIONALCOSTTOTHEOWNER. .0.THECONTRACTORSHALLBERESPONSIBLEFORPROVIDINGAPPROPRIATESAFETY PRECAUTIONSDURINGEXCAVATIONANDTRENCHINCOPERATIONSASREQUIREDBYTHE "TRENCHSAFETYAd*. 11ALLUNSUITABLEMATERIALUNDERTHENEWPAVEMENTSHALLBEREMOVEOAND REPLACEDWITHACCEPTABLEMATERIALSBEFOREPROCEEDINGWITHCONSTRUCTION. 12.ALLMUCKANDORGANICMATERIALSFOUNDWITHINTHEROADWAYAREASHALLBE REMOVEDANDREPLACEDWITHCLEANFILLMATERIALIN6INCHLIFTSCOMPACTLOTO NOTLESSTHAN93XMAXIMUMDENSITYATOPTIMUMMOISTUREINACCORDANCEWITH AASHTOT-180. 13ALLEXCAVATIONSHALLBEBACKFILLED.THEREFOREORIGINALGRADESHALL•K RESTOREOUPONCOMPLETIONOFCOMPACTION.SODDINGORSEEDINGANOMULCHING. 14BACKFILLINGPAVEMENTCUTSANDEXCAVATIONWITHN2FEETOfPAVEMENTEDGE SHALLMEETTHEFOLLOWINGADDITIONALREQUIREMENTS: (A)COMPACTEOTOADENSITYNOTLESSTHAN98*(ASTMD-1537-70) (B)DENSITYTESTSSHALLBECONDUCTEDEVERY12"OFUNCOMPACTFDDEPTHORAS DIRECTEDBYTHEENCINEF.R. 15CONTRACTORSHALLADJUSTALLEXISTINGVALVESBOXES.CATCHBASINSGRATES. *MANHOLESCOVERS,ETC.TOMEETNEWGRAOESWHEREAPPLICABLE. 16.PAVEMENTREPAIRSSHAlIBE"TYPEI'UNLESSOTHERWISENOTED.CONCRETECURB ANDGUTTERSDAMAGEODURINGCONSTRUCTIONSHALLBEREPLACEDPERMIAMI-DADE COUNTYPUBUCWORKSMANUALPART\(STANDARDDETAIL:R14.1). 17.THECONTRACTORSHALLREPLACEALLPAVING.STABILIZEDEARTH,CURBS.DRIVEWAYS. SIDEWALKS.SGNS.ANDOTHERIMPROVEMENTS.WITHTHESAMETYPEOFMATERIAL THATWASREMOVEDDURINGCONSTRUCTIONASDIRECTEDBYTHEENGINEER: 18ALLDRAINAGECONSTRUCTIONSHALLBEINSTRICTACCORDANCEWITHTHE REQUIREMENTSOFMIAMI-DADECOUNTYDEPARTMENTOFREGULATORYANOECONOMIC RESOURCES<RER). 19CONTRACTORISTOPREVENTINTRODUCTIONOFDEBRISORDIRTINTONEWOREXISTING STORMDRAINAGESYSTEMASARESULTOFCONSTRUCTION-ACTIVITIES.ALLLINESAND STRUCTURESSHALLBECLEANEDPRIORTOFINALINSPECTIONANDACCEPTANCE. 20CONTRACTORSHALLCOORDINATEANDINSTALLALLDRAINAGEPIPESANDSTRUCTURES: IRRIGATIONUNES;ANDELECTRICALLINESAND/ORCONDUITSPRIORTOBECINN1NG SUBORADFCONSTRUCTION. 21PROVIDEASMOOTHTRANSITIONWHERENEWPAVEMENT,SIDEWALK.ORCURBMEETS EXISTINGGRASSAREAS. 22.WHERENEWPAVEMENTMEETSEXISTINGCONNECTIONSHALLBEMAOE.INA;NEAT STRAIGHTLINEANDFLUSHWITHEXISTINGPAVEMENT.SAWCUTATEXISJ1NGPAVEMENT JOINTMATCHINGTONEWPAVEMENT. 2iDIMENSIONSINPAVEDAREASARETOTHEEOCEOFTHEASPHALT. 24.ALLROAOWAYGRAOESREFERTOFINISHASPHALTELEVATIONS. 25.THECONTRACTORSHALLPROVIOEALLWARNINGUGHTS.SIGNALS.SIGNSAND FLACPERSONSASREQUIREDBYTHEMIAMI-DAOECOUNTYDEPARTMENTOFPUBLIC 26CONTRACTORSHALLNOTIFYTHEENGINEERWHENCONFLICTSBETWEENDRAWINGSAND ACTUALCONDITIONSAREDISCOVERED 27CONTRACTORSHALLHAVEASETOFPLANSWITHCURRENTFIELDCHANGESMARKED THERE-ONANDSHALLDFLIVERTHESEPLANSTOTHEENGINEERUPONCOMPLETIONOF CONSTRUCTION. 28EXCEPTASPARTICULARLYNOTEOON1H£PLANS.ALLCONSTRUCTIONSHALLCOMPLY WITHTHEREQUIREMENTSOF1HEMIAMI-DADEPUBUCWORKSMANUALANOTHESOUTH FLORIDABUILDINGCODE,IFANYITEMOFWORKISNOTCOVEREDINEITHEROFTHE SPECIFICATIONS.ITSHALLBECONSTRUCTEDPERTHEFLORIDADEPARTMENTOF TRANSPORTATIONSTANDARDSPECIFICATIONSFORROADANDBRIDGECONSTRUCTION. OAAVMBY: ov'cHioB*"~»?RS CITYOFSOUTHMIAMI ROADWAYANDSIDEWALKIMPROVEMENTS 6231SW78thSTOEET REV.DATEBY: GENERALNOTES 1o? '"riiiiii»*° SCALT. ASSHOW rnajeano.-. 1606 OWCNO.: 1606-C-1 (SHEET! C-1 Hr. V . DA T E I BV . BL O C K S 1 - 2 & 3 AM E N O C D PI . A T Of PA U I UI A U I Ht l C H f S P 8 M - M DC O O H C O BY t WT T E W W U S E SG U U A f l E CO N O O AM E N O C D Pl A T Of PA L M WA M HD C H T S PH . M - & 2 DU S I . BU H . D W C F . f . r . - 1 2 . 2 5 @ . # SO D n - V , . .; •/ ' • " ' . '• • ' • •f ? . v O ' s "- ? • "- • " ' , . DE M O L I T I O N PL A N M S CI T Y O F S O U T H MI A M I RO A D W A Y A N D S I D E W A L K IM P R O V E M E N T S 62 3 1 S W 78 t h S T R E E T LO T 7 B L O C K 3 Of f l C t VI L L A G E CO N O O MA P Or LA R K 1 N S PI N E S P B . 2 4 - 2 0 LE G E N D : ] e» B T f A V B « n - r o B e t •'• • ' • . ' • ' ' I ex g r . e o o T O i g w ! DE M O L I T I O N P L A N SC A I F ; AS S H O W N PR O J E C T WO : la o e ow e . NO T ^ 1 6 0 5 - C - 2 TS H E £ T ; C - 2 1/rPREUOLOEO EXPANSIONJOMT UATERlAb 'OQ TTPE'g .TYPE'A! (OPENTYPEJOINTS) correa/SAvrrojowtssmallbe (WEREAPPUCABlf): ATEVERY5'TOR5*WOESIDEWALK ATEVERYB*FORB*WOtSfflfWALX. ATEVERYtf-VFORlO'-S'WOESOC*AL< EXPANSIONJOINTSSHAUBE (WHEREAPPLICABLE): ATEVERYW-O"O.CAHO ATEVERTSIDEWALKCHANCINCDflECTKW TABLEOFeCeWALKvXaNTB nptLOCATION •A- P.CANOP.T.OfCURVES. JUNCTIONorEXISTINGANONXW SCEWALKS. B"5-CTCENTERTOCENTERON SCEWALKS •c »WHERESOEWAUCABUTSCONCRETE CURBS,ORNCWAYSANOSIMILAR STRUCTURES NHIM6*xfi*-#lDCAIVANIZTOMCSH TABLEOF8DEHHXTMCXNBB8T LOCATIONT RESfflENTlAlAREASAm AlDRIVEWAYSAM)OTHERAREAS6' CONCRETESIDEWALK. NTS. ASPHALTICCONCRETESURFACE OVERLAYTYPEFC-9.5(?"THICK)- EXIST.SUB-BASECOURSE THEBOTTOMOFTHECURBANDGUTTERMAYBE CONSTRUCTEDPARALLELTOTHEStOPEOF SUBSURFACECOUMSESPROVIOEDAMINIMUM THICKNESSOF7*ISMAINTAINED. 6'CURSANDGUTTERTYPE'F N.T.S. TACKCOAT •NEWASPHAL1 _^ £15E-/I^~NE1 PAVEMENTMATCHDETAIL N.T.S. 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R/WUNE-^ ($SPROP.2"(MIN.)ASPHALJPAVEMENT.TYPEFC-9.5 W(2-1-THICK) (S)EWSTWCASPHALTPAVEMENTTOBEMILLEO(1"AVE.OEPTH)AND ^OVERLAYEDWITHASPHALTICCONCRETETYPEFC-9.5(l'THICK) PERLA.P.SECTION334 ©EXIST.BASFCOURSE ©EXIST.STABILIZEDSUBGRAOE (ftPROP.8'UMEROCKBASECOURSECOMPACTEDTOMtN.9BX (MODIFIEOPROCTOR) ©PROP.12"TYPE'8*STABILIZATION(L.B.R40) ©EXIST.DRIVEWAYTOREMAIN ®PROP.<'THICKCONGSIDEWALK.(6*THICKATDRIVEWAYS) ©PROPCURBANDCUTTERTYPE"F"(TYP.) Kf.V.IDAIf -2:1ORTOMATCHEXISTING o«a»mer. »rc»t«rBY~" EXIST.PAVEMENTEXJST.PAVEMENTEXISTDRIVEWAY TYP.CROSSSECTION I2RS /<2)ExistX —I CITYOFSOUTHMIAMI ROADWAYANDSIDEWALKIMPROVEMENTS 6231SW78thSTREET PAVINGDETAILSAND TYPICALCROSSSECTION SCALE: ASSHOWN PROJECTNO: i«oa X -I OWG,NO.: 1006-C-4 SHEET: C-4 PLASTICM.TERFABRICSHALL BEURAI1140nl(THICKNESSI -SOMl)ORAPPROVEDEQUAL-7 NOTE& 1SANDY PLASTICFR.TERFABRJC(AIEACHSOETOPANDBOTTOM)SHAUBEUSEDl» ARAESASNOTEDONPLANSAND/ORASOBJECTEDBYTHEENOWTtH. THEBOTfOMOfTHEEXFTLTKAUONTRENCHSHAUBC15-0*BSlOWEXJSTWCCROWD ELEVATION.UNLESSFIELDCONDITIONSWARRANTOTHERWISE. AFTERTHEBALLASTROCKHASSEENPLACEDTOTHEPROPERELEVATION.ITSHAU. BECAREFULLYWASHfO00*NWITHClEANWATERNORDERTOAlLOWFORINITIAL SETTLEMENT-THATMAYOCCUR,tf*ITOOESTAKEPLACE.ADDITIONALBALLASTROCK WUBEADDEDTORESTORETHEBAU.ASTROCKTOTWePROPERELEVATION.SOTHAT THEEXflLTOATlONTRENCHBECOMPLETEDINACCORDANCEWTHTHEDETAILS. EXFILTRATTONTRENCHDETAIL •PlASTCFILTERFABRICSHALL 8FHIRAF1140Nl(THICKNESS -50MIL)ORCOUAL APPROVEO SBP699gCTlON.:A;A; •FINISHGRADE •LASTCFILTERFA8RJCSHAU BEM1RAF1140ML(THICKNESS -50MIL)OREOUAI. APPROVED MJErWAIE CrtsWgSegnWA-A- MT.S. MAYBEUSEDWAREASWHERETRENCHWALLSWlLHOTS1AM0VERTICAL. 0»T*ttRECAVEINBaowTHEWATERTABLEISUKCLVTOOCCURTOBE USEDATTHEENGINEER'SDISCRETION STORMDRAINAGESTRUCTURESCHEDULE QTWCTWE No. STRUCTURE TTTe FRAME ANDORATERMSTRUCT. Bcnx pFeNvsrrasvATTON REMARKO NeEW S-1SO-2.6(TYPE*P")USF-S130-616B10.492.49 -- 5.99 ~ P.C.B.*(E) ♦INSTALLPOLLUTIONCONTROLBAFFLES(P.CB.)ONPIPESCONNECTEDTO6XRLTRATIONTREWCHES. OESICNCROUNOWATERTABLEELEVATION»3.00PERU.D.C.P.W.STANDARDOETAILWC-2.2 MIAMI-DADECOUNTYFLOODCRITERIA-6.00N.O.V.O. NOTES: I).ALLSTRUCTURESSHALLBEPERMIAMI-DADECOUNTYPUBUCWORKSDEPARTMENT. COMMONRAD.PNT. PLANVIEWELEVATIONVIEW ROUNDSTRUCTURE PLANVIEWELEVATIONVIEW SQUARESTRUCTURE POLLUTKDNJ^ONTRQLBAFFLE N.T.S. SUMMARY BAFFLE « P0R8TR QZE+ SHAPE OMENBtONOOCA A8C1oIe|y-lotH1MJ1K!LlMlR S-42v«CJ46|ee|21|lS-IJ/J2|*210|ltt|13|5|24|15I69Jt/8,2S~I NOTES TOBECONSTRUCTEDOFFIBER-PLASTICMATERIALAND INSTALLEDINSTORMDRAINAGEORaOWCONTROL STRUCTURESATTHEEFFLUENTENDPIPE 2.TORMULASA.-F»H-C(ON"R"BAFFLESONLY) 8-8+3--L C-E46+I-3 0.-C-H(ON"S"BAFFLESONLY) E.-C+D-R 3.DIMENSIONSCO-RELATIONACCORDINGTOSUMMARYABOVE =:Q^rT,tecs i-JUV Vjjs/oN^y CHECKEDBY;las CITYOFSOUTHMIAMI ROADWAYANDSIDEWALKIMPROVEMENTS 6231SW78thSTREET DRAINAGEDETAILS Member Name Bid Number Bid Name 4 Document(s)found for this bid 15 Planholder(s)found. Cityof South Miami RFP-RFP #PW2016-18-0- 2016/SK SW 78 Street &SW 62 Avenue Roadway Improvements Supplier Name Address 1 City State Zip Phone Fax Attributes Advanced Starlight International 113 SW 5th Avenue Portland OR 97205 5032225718 5032225700 Atkins AB Bob's Barricades 921 Shotgun Rd Sunrise FL 33326 9544232627 9544738737 Coastal Systems International,Inc 464 S.DixieHwy Coral Gables FL 33146 3056613655 3056611914 Construction Journal,Ltd.400 SW 7th Street Stuart FL 34994 8007855165 8005817204 Danial Construction PO Box 48 San Antonia TX 78201 2108203303 0000000000 Lanzo Construction Company 125 S.E.5th Court Deerfield Beach FL 33441-4749 9549790802 9549799897 Link Systems LLC 5870 Hummingbird Court Titusville FL 32780 4074010031 1111111111 1.Small Business Milian Swain &Associates 2025 SW 32nd Ave,Suite 110 Miami FL 33145 3054410123 3054410688 Praing Associates Inc 2490 centergate drive #201 Miramar FL 33025 9544305367 9544305367 Ric-Man International 2601 Wiles Rd Pompano Beach FL 33073 9544261042 9544260717 Roadway Construction,LLC 6750 North Andrews Aveune Fort Lauderdale FL 33309 9542270025 9544173677 1.Hispanic Owned Stanley Consultants,Inc.1641 Worthington Road West Palm Beach FL 33409 5615848704 5616893003 TAMRIO INc.13,200N Bayshore Drive North Mami FL 33181 7878054120 7878054120 Williams paving co.,inc.11300 NW s River Drive Medley FL 33178 3058821950 3058821966 8/25/2016 Florida Department of State Division of Corporations Detail by Entity Name Florida Profit Corporation METRO EXPRESS,INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 9442 N.W.109 ST MEDLEY,FL 33178 Changed:02/16/2010 Mailing Address P96000096781 65-0711071 11/21/1996 FL ACTIVE 9442 N.W.109 ST MEDLEY,FL 33178 Changed:02/16/2010 Registered Agent Name &Address DetailbyEntity Name fmbtz.•fuss: TRASOBARES,DELIO A 9442 N.W.109 ST MEDLEY,FL 33178 Address Changed:02/16/2010 Officer/Director Detail Name &Address Title P TRASOBARES,DELIO A 9442 N.W.109 ST MEDLEY,FL 33178 TitleS TRASOBARES,DELIO A http://search.sunb:z.org/lnqjiry/CorporationS<^rch/Sea:x^1/2 8/25/2016 9442 N.W.109 ST MEDLEY,FL 33178 Title T DANIEL,TRASOBARES 9442 N.W.109 ST MEDLEY,FL 33178 Annual Reports Report Year Filed Date 2014 01/13/2014 2015 01/06/2015 2016 01/25/2016 Document Images 01/25/2016-ANNUAI RFPORT 01/06/2015 -ANNUAI RFPORT 01/13/2014 -ANNUAI RFPORT 01/18/2013 -ANNUAI RFPORT 01/04/2012-ANNUAI RfPORT 01/06/2011 -ANNUAL RFPORT 02/16/2010 -ANNUAL RFPORT 03/11/2009 -ANNUAI RFPQRT 01/04/2008 -ANNUAI RFPORT 02/02/2007 -ANNUAI RFPOpT 01/10/2006-ANNUAI RFPORT 01/04/2005 -ANNUAI RFPORT 01/09/2004 -ANNUAI RFPORT 01/09/2003 -ANNUAI RFPORT 01/14/2002 -ANNUAI RFPORT 01/25/2001-ANNUAI RFPORT 01/14/2000-ANNUAI RFPORT 03/02/1999-ANNUAI RFPORT 01/28/1998 -ANNUAL RFPORT 02/28/1997 -ANNUAI RFPORT 11/21/1996 -DOCUMFNTS PRIOR TO 1QQ7 DetailbyEntity Name ViewimageinPDFformat View image inPDFformat ViewimageinPDFformat View image inPDFformat ViewimageinPDFformat ViewimageinPDFformat ViewimageinPDFformat ViewimageinPDFformat View image inPDFformat ViewimageinPDFformat ViewimageinPDFformat ViewimageinPDFformat ViewimageinPDFformat ViewimageinPDFformat View image inPDFformat View image inPDFformat View image inPDFformat ViewimageinPDFformat View image inPDFformat View image inPDFformat View image in PDF format r*p://search.sunbiz.org/lnqui^ METROEXPRES...2/2 2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT#P96000096781 Entity Name:METRO EXPRESS,INC. Current Principal Place of Business: 9442 N.W.109 ST MEDLEY,FL 33178 Current Mailing Address: 9442 N.W.109 ST MEDLEY,FL 33178 FEI Number:65-0711071 Name and Address ofCurrent Registered Agent: TRASOBARES,DELIO A 9442 N.W.109 ST MEDLEY,FL 33178 US FILED Jan 25,2016 Secretary of State CC3964541504 Certificate of Status Desired:No The above named entity submits this statement for the purpose of changing itsregistered office orregistered agent,orboth,in the State ofFlorida. SIGNATURE: ElectronicSignatureofRegisteredAgent Officer/Director Detail: Title P Name TRASOBARES,DELIOA Address 9442 N.W.109 ST City-State-Zip:MEDLEYFL 33178 Title T Name DANIEL,TRASOBARES Address 9442 N.W.109 ST City-State-Zip:MEDLEY FL 33178 Title Name Address TRASOBARES,DELIO A 9442 N.W.109 ST City-State-Zip:MEDLEYFL 33178 Date I herebycertify that theInformation Indlceted onthisreport orsupplemental report is true andaccurate andthatmyelectronic signature shall havethe samelegaleffect asifmadeunder oath;that Iaman officer or director ofthecorporation orthereceiver ortrusteeempowered toexecutethisreport as required by Chapter 607.Florida Statutes;andthatmynameappears above,oronanattachmentwithallotherlike empowered. SIGNATURE:DELIO A TRASOBARES PRES 01/25/2016 ElectronicSignatureofSigningOfficer/DirectorDetail Date