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GENERAL ASPHALT COMPANY
CITY OF SOUTH MIAMI CITYWIDE ROAD RESURFACING PROJECT PHASE II SM -201 1 -16 -PW The City of South Miami, Florida, hereinafter referred to as "City ", will receive sealed proposals. The submittal, consisting of one (1) original unbound proposal, ten (10) additional copies and one (1) digital CD copy to the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, December 2, 2011. A public opening will take place at 10 A.M. in the City Commission Chambers located at City Hall on the same date. Any Proposals received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Bidders. The Project is generally described as: Work for this contract comprises of work to be performed on the project. The scope of work involves performing road resurfacing on selected streets within the City of South Miami and shall comply with applicable standards, including but not limited to the Florida Department of Transportation, Miami -Dade Counrty Public WOrks Standards. WOrk, covered under this contract shall also include and is not limited to maintenance of traffic, milling, clearing and grubbing, asphalt placement, retro reflective pavement markers and striping. Road resurfacing activities shall be performed in accordance with the "Citywide Road Resurfacing Assessment Report ". Additional work areas may be assigned up to an amount not to exceed the contract amount of $165,000 in resurfacing work. The work involved with the project shall include, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery, superintendence and services necessary for the complete in place construction of the project. A Mandatory Pre -Bid Conference will be conducted at City Chambers at 10:00 am located at 6130 Sunset Drive, South Miami 33143 on November 16, 2011. The conference shall be held regardless of weather conditions. Proposals are subject to the attached Standard Terms and Conditions contained in the complete bid package. Interested Bidders who wish to bid on this RFP can obtain the complete bid package at City's website at ckyofsouthmiami net/index phhp >src= gendocs& ref= Bid Posting2010 &category =RFPs- and -Bids or at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. The City of South Miami reserves the right to award the bid to the lowest, most responsive, responsible bidder, as determined by the City Commission, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to bidders other than the low bidder. Maria Menendez South Miami City Clerk © thomasfpepe -09 -28.1 I Page 0 of 80 TABLE OF CONTENTS SCOPEOF SERVICES .............................................................................................................. ............................... I INSTRUCTIONSTO BIDDERS ................................................................................................. ..............................2 PROPOSALSUBMITTAL FORM ............................................................................................... ..............................7 BIDFORM ............................................................................................................................... ..............................8 BIDBOND .......................................................................................................................... ............................... 12 BIDDER QUALIFICATION STATEMENT ............................................................................. ............................... 14 NON - COLLUSION AFFIDAVIT .......................................................................................... ............................... 18 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ................................................. ............................... 19 DRUGFREE WORKPLACE ................................................................................................. ............................... 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS ...................... ............................... 23 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS ............................. ............................... 24 NOTICEOF AWARD .......................................................................................................... ............................... 25 CONTRACT........................................................................................................................ ............................... 26 FORMOF PERFORMANCE BOND ...................................................................................... ............................... 28 FORMOF PAYMENT BOND ............................................................................................... ............................... 31 NOTICETO PROCEED ....................................................................................................... ............................... 34 GENERALCONDITIONS .................................................................................................... ............................... 35 ARTICLEI — Definitions .............................................................................................................. .............................35 ARTICLE2 — Preliminary Matters .............................................................................................. .............................37 ARTICLE 3 — Correlation, Interpretation and Intent of Contract Documents .............. .............................40 ARTICLE 4 — Availability of Lands Subsurface Conditions Reference Points .................. .............................41 ARTICLE5 — Insurance ................................................................................................................. .............................42 ARTICLE 6 — Contractor's Responsibilities ............................................................................. .............................45 ARTICLE7 — Work by Others ................................................................................................... .............................52 ARTICLE 8 — City's Responsibilities .......................................................................................... .............................53 ARTICLE 9 — Consultants' Status During Construction ....................................................... .............................54 ARTICLE10 - Changes in the Work ......................................................................................... .............................55 ARTICLE I I — Change of Contract Price ................................................................................ .............................56 ARTICLE 12 — Time for Completion, Liquidated Damages and Chance of the Contract Time ..............59 ARTICLE13 - Guarantee ............................................................................................................. .............................60 ARTICLE 14 - Payments and Completion ................................................................................ .............................60 ARTICLE IS — Suspension of work and Termination ........................................................... .............................64 ARTICLE16 - Miscellaneous ....................................................................................................... .............................65 © [homasfpepe.09 -28 -11 Page 0 of 80 ARTICLE 17 - Waiver of jury Trial .... ............................... ARTICLE 18 - Attorneys Fees jurisdiction / Venue / G ARTICLE 19 - Project Records ............ ............................... ARTICLE 20 - Severability ..................... ............................... ARTICLE 21 — Independent Contractor ......................... EPAYABLES QUESTIONS & ANSWER FORM ........................ SUPPLEMENTARY CONDITIONS ........... ............................... SPECIAL CONDITIONS .......................... ............................... EXHIBITI ............................................... ............................... ...................................................... ............................... 66 overning Law ............................... .............................66 ........................................................ .............................66 ........................................................ .............................67 ........................................................ .............................67 ............................................. ............................... 68 ............................................. ............................... 70 ............................................. ............................... 72 ............................................. ............................... 77 © thomasfpepe- 09 -28 -1 I Page 1 of 80 SCOPE OF SERVICES Citywide Road Resurfacing Project Phase 11 Citywide Road Resurfacing Project Phase II Work for this contract comprises of work to be performed on the project. The scope of work involves performing road resurfacing on selected streets within the City of South Miami and shall comply with applicable standards, including but not limited to the Florida Department of Transportation, Miami -Dade Counrty Public Works Standards. Work covered under this contract shall also include and is not limited to maintenance of traffic, milling, clearing and grubbing, asphalt placement, retro reflective pavement markers and striping. Road resurfacing activities shall be performed in accordance with the "Citywide Road Resurfacing Assessment Report, Exhibit I ". Additional work areas may be assigned up to an amount not to exceed the contract amount of $165,000 in resurfacing work. END OF SECTION © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page INSTRUCTIONS TO BIDDERS Citywide Road Resurfacing Project Phase 11 IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID REACHES THE CITY MANAGER ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE INVITATION TO BID FORM. I. Purpose of Bid: The City of South Miami is requesting bids for the lowest and most responsive price for Citywide Road Resurfacing Project Phase II. The City reserves the right to award the contract to the Bidder whose bid is found to be in the best interests of the City. 2. Any questions concerning the Bid Specifications or any required need for clarification must be made to the City Manager in writing, at least five (5) days prior to the date of the Bid opening. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the Bid Specifications and mailed or delivered to all parties listed on the official BIDDER's list as having received the bidding documents. Verbal interpretations or clarifications shall be without legal effect. No plea by a BIDDER of ignorance or the need for additional information shall exempt a BIDDER from submitting the Bid on the required date and time as set forth in the public notice. 3. Cone of Silence: You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and 99 -I. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The Cone of Silence does not apply to verbal communications at pre -bid conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, 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 must be contemporaneously filed with the City Manager. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer voidable, and, in such event, said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. 4. BIDDER warrants that the prices, terms and conditions quoted in the Bid shall be firm for a period of 90 days from the date of the Bid opening unless otherwise stated in the Bid Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations to Bid shall be cause for rejection, as determined by the City. S. Pursuant to the provisions of paragraph (2)(a) of Section 287.1331, Florida Statutes — "a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the Ihtto�f/vAvw .leg.state.fl.us/Statutes/index.cfm?App mode= Disolav Statute &Search String= BURL =0200- 0299/0287/Secti ons/0287.133. html © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page threshold amount provided in Section 287.017, for category two for a period of 36 months from the date of being placed on the convicted vendor list". 6. BIDDERS shall use the Bid Form(s) furnished by the City. Failure to do so may cause the Bid to be rejected. Removal of any of the Bid Forms may invalidate the Bid. BIDDER shall deliver to the City, as Bid package, the following documents: a) �ihe Invitation to Bid and Instructions to Bidders. b) %A copy of all issued addenda. c) Four (4) copies of the Bid Form completely executed. d) .Bid Security, (Bid Bond or cashiers check) attached to the Bid Form. e) kertificates of Competencies, State, County and City Licenses. f) Certificate of Insurance and /or Letter of Insurability. The entire Bid Package shall be placed in an opaque envelope and clearly marked with the BIDDER'S name and "SEALED BID CITYWIDE ROAD RESURFACING PROJECT PHASE 11." 1 Bids having an erasure or correction must be initialed by the BIDDER in ink at the location of each and every erasure or correction. Bids shall be signed in ink; all quotations shall be typewritten or printed and filled in with ink. 7. Mistake: In the event that unit prices are part of the Bid and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extension(s) shall be adjusted to coincide. BIDDERS are responsible for checking their calculations. Failure to do so shall be at the BIDDER'S risk, and errors shall not release the BIDDER from his /her or its responsibility as noted herein. 8. Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned, whether or not followed by the words "approved equal ", It is for the purpose of establishing a grade or quality of material only. BIDDER may offer equals with appropriate identification, samples and /or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 9. Pricing: Prices should be stated in units of quantity specified in the Bid Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 10. Safety Standards: The BIDDER warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. H. Liability, Insurance, Licenses & Permits: Where BIDDERS are required to enter onto City of South Miami property to deliver materials or to perform work or services as a result of a Bid Award, the BIDDER shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The BIDDER shall be liable for any damages or loss to the City occasioned by the negligence of the BIDDER (or its agent or employees) or any person acting for or through the BIDDER. BIDDER shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. BIDDERS shall include current Miami -Dade County Certificates of Competency applicable to the work to be performed. These documents shall be furnished to the City as part of the Bid response. Failure to have required licenses or to furnish these documents shall be grounds for rejecting the Bid and forfeiture of the Bid Bond. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 12. BIDDER shall furnish to the City Manager, Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in Article 5 of the General Conditions, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). 13, At the time of the Bid submission the BIDDER must submit Certificates of Insurance, or evidence of insurability in the form of a letter from BIDDER'S insurance carriers demonstrating the ability to obtain coverage outlined in Article 5 of the General Conditions. 14. All insurance shall be issued by companies rated A:VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It shall be the responsibility of the BIDDER and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the BIDDER, which relate to the activities of such vendor and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City Manager thirty (30) days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance. 15. Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City Manager to implement a rescission of the Bid Award without further City Commission action. The BIDDER hereby holds the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 16. Copyrights and /or Patent Rights: BIDDER warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Bidder pursuant to this Bid, there has not been and will not be any infringement of copyrights or patent rights. The seller agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 17. Samples: Samples of items, when required, must be furnished by the BIDDER free of charge to the City. Each individual sample must be labeled with the BIDDER'S name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Bid opening unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. 18. BIDDER warrants by signature on the Bid Form that prices quoted here are in conformity with the latest Federal Price Guidelines. 19. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful BIDDER to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City. 20. Award of Bids: The City of South Miami reserves the right to award the bid to the lowest, most responsive, responsible BIDDER, as determined by the City Commission, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to a BIDDER other than the low BIDDER. 21. Evaluation of Bids: The City, at its sole discretion, reserves the right to inspect the facilities of any or all BIDDERS to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the BIDDER, the financial position, experience, © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page staffing, equipment, materials, references, and past history of service to the City and /or with other units of state, and /or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 22. Identical (Tie Bids): In the event of an identical Tie Bid, a preference shall be given to a business having a drug free workplace under Florida Statute Section 287.087, as amended. 23. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Bid as determined by the City. 24. Hold Harmless: All BIDDERS shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a Bid, as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a bid shall act as an agreement by the BIDDER that the bid bond shall not be released until and unless the BIDDER waives any and all claims that the BIDDER may have against the City that arise out of this bidding process or until a judgment is entered in the BIDDER'S favor in any suit filed which concerns this bid process. In any such suit, the prevailing party shall recover its attorneys fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Bid Bond shall be applied to the payment of those costs and any balance shall be paid by the BIDDER. 25. Cancellation: Failure on the part of the BIDDER to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 26. Bonding Requirements: The BIDDER, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security. 27, Performance and Payment Bond: The City of South Miami shall require the successful BIDDER to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, naming the City of South Miami as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and /or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 28. Bid Guarantee: The successful BIDDER shall execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. The BIDDER who has the Contract awarded to him and who fails to execute the Contract and furnish the Performance Bond, Payment Bonds and Insurance Certificates within the specified time shall forfeit the Bid Bond /Security that accompanied his /her or its Bid, and the Bid Bond /Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the BIDDER fails to enter into the Contract and sign the contract or furnish the Bonds and Insurance Certificates. Bid Bond /Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 29. Pre -bid Conference Site Visits: It is mandatory that all BIDDERS attend a pre -bid conference if required or requested by the City, and tour all areas referenced in the Bid Documents. It shall be grounds for rejecting a Bid from a BIDDER who did not attend the pre -bid conference. No pleas of ignorance by the BIDDER of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every requirement of the Contract Documents, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the BIDDER. © thomasfpepe -09 -08.1 I TABLE OF CONTENTS Page 30. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. The time allowed for the completion of the work shall be as stated in the Bid Form. END OF SECTION © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page Submittal Form Road This checklist indicates the forms and documents required to be submitted for this Request for Proposal (RFP) to be presented by the deadline set for within the RFP. Fulfillment of all proposal requirements listed is mandatory for consideration of proposals. The proposal shall include the following items: �s Bidder Qualification Statement Bid Bond- Bidder Qualification Statement- 7 Non - Collusion Affidavit, iAcknowledgement Public Entity Crimes and Conflicts of Interest+ Drug Free Workplace + Acknowledgement of Conformance with OSHA Standards, List of Proposed Subcontractors and Principal Suppliers Indemnification and Insurance Documents Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page ADDENDUM No. I Project Name: Citywide Road Resurfacing Project Phase II RFP NO. SM -201 1- 016 -PW Date: November 7, 2011 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued BID Documents, and is hereby made part of the BID Documents. All requirements of the BID Documents not modified herein shall remain in full force and effect as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid Form. The time of the Pre - Proposal meeting has been changed from 10:00 A.M. to 1:00 P.M. The date and meeting place remains the same, Wednesday, November 16, 2011 in the City Chamber located at 6130 Sunset Drive, South Miami 33143. THIS ADDENDUM SHOULD BE SIGNED AND DATED BY THE BIDDER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF BIDS. THE BIDDER BY IDENTIFYING THE ADDENDUM NUMBER IN THE BID PROPOSAL AND BY SIGNING AND SUBMISSION OF THEIR BID SHALL SERVE AS PROOF OF RECEIPT OF THIS ADDENDUM. NAME OF FIRM: SIGNATURE: / ✓�. !``y DATE: ADDENDUM No. 2 Project Name: Citywide Road Resurfacing Project Phase II RFP NO. SM -201 1- 016 -PW Date: November 21, 2011 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued BID Documents, and is hereby made part of the BID Documents. All requirements of the BID Documents not modified herein shall remain in full force and effect as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid Form. I. Attendees at the November 16, 2011 Pre -Bid Meeting are as follows: Name Company Jose Andarcio- Gonzalez A.P.E.R. Construction LLC Roger Milian JVA Engineering Construction Heshan Ali HIP Paving Enrique Sequiera General Asphalt Brian Randa Horizontal Contractors 2. The Revised Bid Form is attached in the next page. Bidders are required to submit the updated Bid Form dated November 18, 2011 to render a responsive bid. THIS ADDENDUM SHOULD BE SIGNED AND DATED BY THE BIDDER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF BIDS. THE BIDDER BY IDENTIFYING THE ADDENDUM NUMBER IN THE BID PROPOSAL AND BY SIGNING AND SUBMISSION OF THEIR BID SHALL SERVE AS PROOF OF RECEIPT OF THIS ADDENDUM. NAME OF FIRM: e SIGNATURE: DATE: r BID FORM Citywide Road Resurfacing Project Phase II THIS BID IS SUBMITTED TO: Dr. Hector Mirabile City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. The undersigned BIDDER proposes and agrees, that if this Bid is accepted, to enter into a Contract with the City of South Miami in the form included in the Contract Documents which are part of this Bid Package to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated therein and in accordance with the other terms and conditions of the Contract Documents which include those prepared by December 18, 201 I . 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDERS, including without limitation those dealing with the disposition of Bid Bond /Security. This Bid will remain subject to acceptance for 90 days after the day of the Bid opening. BIDDER agrees to sign and submit the Contract with the Bonds, Insurance Certificate and other documents required by the Bidding requirements within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that: a. BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. 2 Dated: I IN1111 Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. BIDDER has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. d. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 8 Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The BIDDER hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by BIDDER for any reason in connection with the Bid. e. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. f. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be required, by BIDDER 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. g. BIDDER has given written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors, discrepancies has been found and notice given, the BIDDER represents to the City that the BIDDER has received a written notice of the resolution thereof by Consultant and that such resolution is acceptable to BIDDER. h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from Bidding; and BIDDER has not sought by collusion or otherwise to obtain for itself any advantage over any other BIDDER or over the CITY. 4, BIDDER understands and agrees that the Contract Price is the lump sum that it needs to furnish and install all of the Work complete and in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Bid Price of: LUMP SUM BASE BID: dollars and Alternates: #1 cents #5 #2 #6 #3 #7 ##4 #8 v 0 0 © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page A fee breakdown for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non - responsive. 5. The ENTIRE WORK shall be completed, in full, within 90 Calendar Days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in Paragraph 6 of the Contract. 6. Communications concerning this Bid shall be addressed to: BIDDER: Address: Telephone: Facsimile: Attention: 7. The terms used in this Bid which are defined in the General Conditions of the Contract shall have the same meaning as is assigned to them in the General Conditions. SUBMITTED THIS DAY OF �f 20 BID SUBMITTED BY: 3 61's Company Telephone Number Title `Fax Number Email Address FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 10 City of South Miami Citywide Road Resurfacing Project Schedule of Values Revised and Updated 11/18/2011 4 rvmuiig uN w i.VV uaNui onwuuy asphalt 5 Installation of 1.00" thick superpave hot asphaltic concrete 6 Traffic 6" Stripe Solid Yellow 7 Traffic 24" Stripe Solid White (Stop 8 Retroreflective Pavement Markers g Performance & Payment Bond (5% of Subtotal) 10 Contingency (10% of Subtotal) LS SY TON LF LF EA LS LS TOTAL Note: This form must be submitted to render a responsive bid. 6. 1� Z, r kZ /FLU 3�v Zoo, 25,000 11150 150 50 fGd 20 SUBTOTAL TOTAL Note: This form must be submitted to render a responsive bid. 6. 1� Z, r kZ /FLU 3�v Zoo, BID BOND — - - - - -- ---- ------ ------ - -- - - -- -------------------------- Citywlde Road Resurfacing Project Phase II STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, General Asphalt Co., Inc. as Principal, and Liberty mutual Insurance Company as Surety, are held and firmly bound unto the City of South Miami, a municipal corporation of the State of Florida in the sum of Five Percent of Amount Bid Dollars ($ --- 5 %--------- 1, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successes jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Bid dated December 2, 2011 for the Citywide Road Resurfacing Protect Phase H. it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent (57*) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, fulfill the obligations of the invitation to bid and bid documents; NOW THEREFORE, A. If the principal shall not withdraw said bid within ninety (90) days after the date for opening of the same, and shall, within ten (10) days after the prescribed forms are presented to it for signature, enter into a written contract with the Owner in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said bid within ninety (90) days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the bid as accepted, and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract within ten (10) days after the prescribed forms are presented to it for signature and/or in the event that the principal is not awarded the bit but fails to Waive all claims that arose or might have arisen out of the bid process in the event that the bid is not awarded to the principal, then the above obligations shall remain In full force and effect and the bond shall thereafter be disburse, by court order, to the Owner In the full amount of the bond if the Bid Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then In an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all proceedings required to obtain the court order of disbursement, including the cost of all appeals or other proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 2nd day of December 2011, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 12 IN.PRESENCE OF: ( , n SECOND PAGE OF A TWO (2) PAGE BID BOND ATTEST: r Secreta *Impress Corporate Surety Seal o cif bj General Asphalt Co., Inc. ndividual or h Corporation Vfit 4850 NW 72 Avenue (Business Address) Miami, Fl 33166 (City/State /Zip) 305- 592 -3480 (Business Phone) Liberty, 9utual Insurance Company 7 (C ovate Surety)' f By: Ocw T Charles J. Nielson, Attorney -in- fact /Agent IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 13 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4773573 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company . except . in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the `Company), a Massachusetts stock insurance company, pursuant to and by authority the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARY C. ACEVES, CHARLES J. NIELSON, KRISTI MESSEL, CHARLES D. NIELSON, DAVID R. HOOVER, ALL OF THE CITY OF MIAMI LAKES, STATE OF FLORIDA.. ............. .,.. .......... ............ ............ ............... ....... ........ , . . ..... ........ ....... ....................................................... each individually if there be more than one named; its We and lawful attorney -m -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surely and as its act and deed any and all undertakings bonds recognizancesand other surety obligations In the penal sum not exceeding ••" "•• ••••• "•••• "' " " "• „•••••• 100,000,000.00.... • • ” • •••• • "• each, and the ONE HUNDRED MILLION AND 00 /100 " " " "'" ' ' DOLLARS (^y ) execution of such undertakings, bonds; recognizance$ and othersurety obligations, In pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of,the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings... Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Company to make, a. i execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys - ;a) in -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and i up execution of any such instruments and to attach thereto the seal of the Company.. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. .a ;c > By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: all Pursuant to Article XIII, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized 0- rn to appointsuch attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety, o. any and all undertakings, bonds, recognizances and other surety obligations. y W i > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0 a, j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty NMutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 12th day of August 0 v. 1 .. 2011 Ywq LIBERTY MUTUAL INSURANCE COMPANY L 3 O C O f AJ J,r ..i p S�Y512* re re IL ` J 34N d ,�y�f�D By 44 : ° -David O. nN M. Care sistant Secretary Y, ry ei. 1 � COMMONWEALTH OF PENNSYLVANIA as COUNTY MONTGOMERY Cc: OF i =_ v y On this 12th day of August 2011 , before me, a,Notary Public, personally. came David M. Care to me known, and s ) > acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed °v the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said = i c Corporation. 000 N IN TESTIMONY WHER O J a Q o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year w:M op v first above written. WQ' o�nd20N1vE'y<T df =my i . Potv'c ; , omdry CO:inty 0 °ary O OF B "((�,(.Qyl/ ttar, 28, let$ Y-� .0 w ?4�Ur.Fe ss+<,eaAs WX nott_aiu Teresa PasteOa, Notary Public CERTIFICATE y NSY114 ". = I, the undersigned, Assist , Q$r� f ertvMutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, ;fA'in.ttul -to ce and effect on the date of this cerlifcate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially. authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, :.Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following .vote of the board of directors of Liberty Mutual Insurance Company . at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney . issued by the company In connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually: affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 2nd day of `December -. ', >2011 LY8 r�' Jp 1812 aa�mWnax Gregory W. Davenport, Assistant Secretary BID BOND Citywide Road Resurfacing Project Phase II STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal, and as Surety, are held and firmly bound unto the City of South Miami, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Bid dated for the Citywide Road Resurfacing Project Phase 11, it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, fulfill the obligations of the invitation to bid and bid documents; NOW THEREFORE, A. If the principal shall not withdraw said bid within ninety (90) days after the date for opening of the same, and shall, within ten (10) days after the prescribed forms are presented to it for signature, enter into a written contract with the Owner in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said bid within ninety (90) days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the bid as accepted, and /or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract within ten (10) days after the prescribed forms are presented to it for signature and /or in the event that the principal is not awarded the bit but fails to waive all claims that arose or might have arisen out of the bid process in the event that the bid is not awarded to the principal, then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Bid Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all proceedings required to obtain the court order of disbursement, including the cost of all appeals or other proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 2011, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 12 IN PRESENCE OF: (Seal) SECOND PAGE OF A TWO (2) PAGE BID BOND ATTEST: 0 *Impress Corporate Surety Seal (Individual or Partnership Principal) (Business Address) (City /State /Zip) (Business Phone) (Corporate Surety)* IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE. SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 13 a) In the past 5 years On Schedule b) In the past 10 years On Schedule 2. List the last three (3) completed similar projects. a) 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: O -2-1r b) Project Name: Owner Name: © thomasfpepe- 09 -08 -1 I TABU OF CONTENTS Page 14 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: c) 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: Op) ID � 4`G32 J� c, l % `1 r 2 — 2 0C4 -�? o(r © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page Is GENERAL ASPHALT CO., INC. LIST OF COMPLETED CONTRACTS LAST THREE YEARS DOLLAR AMOUNT CLASSES YEAR WHERE NAME AND ADDRESS OF OF COMPLETED LOCATED OF OFFICIAL WORK PERFORMED WORK CODES CITY -CNTY TO WHOM YOU REFER $ 5,993,600.00 7 2008 CALOOSA COVE T6118 GENERAL ASPHALT MONROE CO FL FLORIDA DEPT OF TRANS $ 2,208,936.00 7 2008 NW 72 AVE T6140 GENERAL ASPHALT MIAMI -DADE CO FLORIDA DEPT OF TRANS $ 1,955,247.00 7 2008 SW 112 AVE T6139 GENERAL ASPHALT MIAMI -DADE CO FLORIDA DEPT OF TRANS $ 3,478,466.00 7 2008 RICKENBACKER CAUSEWAY GENERAL ASPHALT MIAMI -DADE CO MIAMI -DADE PUBLIC WORKS $ 1,707,194.00 7 2008 CITY OF LAUDERHILL GENERAL ASPHALT STREET RESURFACING CITY OF LAUDERHILL $ 1,019,450.00 7 2008 CITY OF HOLLYWOOD GENERAL ASPHALT STREET RESURFACING CITY OF HOLLYWOOD $ 994,282.00 7 2008 SOMBRERO BEACH BLVD ATLANTIC CIVIL MONROE CO FL FLORIDA DEPT OF TRANS $ 12,383,769.00 7 2008 I -75 @ SR 29 TI 199 GENERAL ASPHALT COLLIER CO FL FLORIDA DEPT OF TRANS $ 5,392,675.00 7 2009 HEFT TURNPIKE GENERAL ASPHALT MIAMI -DADE CO FLORIDA DEPT OF TRANS $ 4,107,670.00 7 2009 SR -972 CORAL WAY GENERAL ASPHALT MIAMI -DADE CO FLORIDA DEPT OF TRANS $ 2,765,650.00 7 2009 SR -5 @ SNAKE CREEK GENERAL ASPHALT MONROE CO FL FLORIDA DEPT OF TRANS $ 1,907,521.00 7 2009 SR -7 @ SHERIDAN GENERAL ASPHALT BROWARD CO FL FLORIDA DEPT OF TRANS $ 1,666,750.00 7 2009 HOMESTEAD AFB GENERALASPHALT HAFRB - MIAMI -DADE CO WESTON SOLUTIONS $ 1,239,100.00 7 2009 SR -5 @ SPANISH HARBOR GENERAL ASPHALT MONROE CO FL FLORIDA DEPT OF TRANS $ 1,106,975.00 7 2009 OLD HIGHWAY - ISLAMORADA GENERAL ASPHALT MONROE CO FL VILLAGE OF ISLAMORADA $ 972,432.00 7 2009 SR -5 @ ROOSEVELT BLVD GENERAL ASPHALT MONROE CO FL FLORIDA DEPT OF TRANS $ 26,037,943.45 7 2010 MIA RUNWAY 8R -26L GENERAL ASPHALT MIAMI -DADE COUNTY MIAMI -DADE AVIATION DEPT $ 6,565,383.12 7 2010 SR -5 @ GRASSY KEY GENERAL ASPHALT MONROE CO FL FLORIDA DEPT OF TRANS $ 6,250,467.22 7 2010 SR -7 @ 441 RUSSELL ENGINEERING BROWARD CO FL FLORIDA DEPT OF TRANS $ 4,638,132.40 7 2010 UNIVERSITY DRIVE GENERAL ASPHALT MIAMI -DADE COUNTY MIAMI -DADE AVIATION DEPT $ 1,769,724.32 7 2010 FLA MIA AIRPORT TRAC I IMPT CENTRAL FLA EQUIP RENT MIAMI -DADE COUNTY MIAMI -DADE AVIATION DEPT $ 1,412,387.36 7 2010 SW 72 AVE @ SW 40 ST GENERAL ASPHALT MIAMI -DADE COUNTY MIAMI -DADE PUBLIC WORKS $ 1,069,522.80 7 2010 MIA REGIONAL COMM FAC MAYTIN ENGINEERING MIAMI -DADE COUNTY MIAMI -DADE AVIATION DEPT $ 891,850.00 7 2010 SR AIA @ OCEAN DRIVE GENERAL ASPHALT BROWARD CO FL FLORIDA DEPT OF TRANS MOFFICEISPREAD ACTSUM\ ACTSUM I O.xls QUALIFY COMPL CONTR 4/7/2011 GENERAL ASPHALT CO., INC. LIST OF COMPLETED CONTRACTS LAST THREE YEARS DOLLAR AMOUNT CLASSES YEAR WHERE NAME AND ADDRESS OF OF COMPLETED LOCATED OF OFFICIAL WORK PERFORMED WORK CODES CITY -CNTY TO WHOM YOU REFER $ 2,158,500.00 7 2005 MEMORIAL BLVD. TRAN CONSTRUCTION STREET RESURFACING CITY OF MIAMI $ 1,460,000.00 7 2005 HIALEAH EXPRESSWAY MCM CONSTRUCTION ROAD CONSTRUCTION FLA DOT DIST 6 $ 1,003,400.00 7 2005 34TH STREET STREETSCAPE TRAN CONSTRUCTION STREET RESURFACING CITY OF MIAMI $ 932,800.00 7 2005 NW 22 AVE MIAMI -DADE PUBLIC WORKS DEPARTMENT STREET RESURFACING MIAMI -DADE COUNTY $ 925,000.00 7 2005 CITY OF SUNRISE CITY OF SUNRISE STREET RESURFACING VARIOUS STREETS $ 667,800.00 7 2005 BROW BLVD & HIATUS RD TRIPLE R PAVING BROWARD COUNTY FLORIDA DEPT OF TRANS $ 610,000.00 7 2005 COPANS ROAD MANCON CONSTRUCTION STREET RESURFACING BROWARD COUNTY $ 512,400.00 7 2005 CORAL WAY MIAMI -DADE PUBLIC WORKS DEPARTMENT STREET RESURFACING MIAMI -DADE COUNTY $ 12,833,028.00 7 2006 RUNWAY 9 -27 DADE COUNTY AVIATION RUNWAY RESURFACING MIAMI -DADE COUNTY $ 2,052,595.00 7 2006 FLAGLER AVENUE GENERAL ASPHALT STREET RESURFACING FLORIDA DEPT OF TRANS $ 1,450,288.00 7 2006 HIALEAH EXPRESSWAY MCM CORPORATION STREET RESURFACING CITY OF HIALEAH $ 1,083,220.00 7 2006 SR 973 SW 87 AVE CONDOTTE CORPORATION STREET RESURFACING FLORIDA DEPT OF TRANS $ 1,003,401.00 7 2006 34TH STREET TRAN CONSTRUCTION STREET RESURFACING CITY OF MIAMI $ 932,807.00 7 2006 CONT # 4 20030004 PUBLIC WORKS DEPARTMENT STREET RESURFACING MIAMI -DADE COUNTY $ 922,583.00 7 2006 RESURFACING CITY STREETS GENERAL ASPHALT STREET RESURFACING CITY OF SUNRISE $ 906,195.00 7 2006 RESURFACE FAMLINGO ROAD GENERAL ASPHALT STREET RESURFACING CITY OF SUNRISE $ 7,384,548.00 7 2007 I -75 @ SR 29 TI 197 GENERAL ASPHALT COLLIER CO FL FLORIDA DEPT OF TRANS $ 5,028,157.00 7 2007 PEMBROKE ROAD T 4102 GENERAL ASPHALT BROWARD CO FL FLORIDA DEPT OF TRANS $ 4,001,691.00 7 2007 SR 836 SALIANAI CORP TOLL PLAZA ROAD WIDEN MDX MIAMI -DADE CO $ 3,780,960.00 7 2007 I -595 T 4117 GENERAL ASPHALT BROWARD CO FL FLORIDA DEPT OF TRANS $ 3,531,542.00 7 2007 NW 41 ST & 35 AVE GENERAL ASPHALT STREET RESURFACING CITY OF LAUDERLAKES $ 3,412,606.00 7 2007 NW 62 STREET GENERAL ASPHALT MKL BLVD STREETSCAPING MIAMI -DADE COUNTY $ 2,559,627.00 7 2007 MATHESON HAMMOCK PARK GENERAL ASPHALT ROADWAY IMPROVEMENTS MDC PARKS & REC $ 2,338,068.00 7 2007 RESURFACE RUNWAY GENERAL ASPHALT NORTH PERRY AIRPORT I BROWARD CO FL IA0FFICEISPREAD\ACPSUnlI ACTSUM07.xls QUALIFY COMPL CONTR 4/7/2011 GENERAL ASPHALT CO., INC. LIST OF COMPLETED CONTRACTS LAST THREE YEARS DOLLAR AMOUNT CLASSES YEAR WHERE NAME AND ADDRESS OF OF COMPLETED LOCATED OF OFFICIAL WORK PERFORMED WORK CODES CITY -CNTY TO WHOM YOU REFER $ 414,250.00 7 2002 MIDFIELD EXPANSION MARKS BROS. PAVING, INC. MIA DADE COUNTY DADE AVIATION AUTHORITY $ 754,375.00 7 2002 SR AIA COLLINS AVE CENTRAL FLORIDA EQUIPMENT LINCLOLN ROAD DADE CNTY MIAMI DADE PUBLIC WORKS $ 755,650.00 7 2002 SR 5 DEER KEY CROSSING GILBERT SOUTHERN CORP MONROE COUNTY FLORIDA DEPT OF TRANS $ 929,890.00 7 2002 QNIP 630012Q ZONE 3 GENERAL ASPHALT MIAMI -DADE COUNTY DADE COUNTY PUBLIC WORKS $ 1,023,890.00 7 2002 QNIP 630011 Q ZONE 2 GENERAL ASPHALT MIAMI -DADE COUNTY DADE COUNTY PUBLIC WORKS $ 1,238,775.00 7 2002 STREET RESURFACING GENERAL ASPHALT BROWARD COUNTY CITY OF HOLLYWOOD $ 1,989,305.00 7 2002 SR5 US NE 4 ST TO COPANS TRIPLE R PAVING, INC. BROWARD COUNTY FLORIDA DEPT OF TRANS $ 2,128,185.00 7 2002 VARIOUS DADE CNTY AIRPORTS GENERAL ASPHALT MIAMI -DADE COUNTY DADE AVIATION AUTHORITY $ 430,356.00 7 2003 ROAD RESURFACING GENERAL ASPHALT MONROE COUNTY COUNTY COMMISSIONERS $ 688,735.00 7 2003 SYSCO DOWNRITE ENGINEERING DADE COUNTY PRIVATE SYSCO COMPANY $ 755,392.00 7 2003 STOCK ISLAND ROADS II GENERAL ASPHALT MONROE COUNTY COUNTY CW&MISSIONERS $ 1,147,768.00 7 2003 QNIP 69900 GENERAL ASPHALT MIAMI -DADE COUNTY DADE COUNTY PUBLIC WORKS $ 1,168,700.00 7 2003 SR 836 GENERAL ASPHALT MIAMI-DADE COUNTY M.D.X. $ 1,640,361.14 7 2003 STREET RESURFACING GENERAL ASPHALT BROWARD COUNTY CITY OF TAMARAC $ 1,663,716.00 7 2003 SW 344 ST & 192 AVE GENERAL ASPHALT DADE COUNTY FLORIDA DEPT OF TRANS $ 14,168,106.00 7 2003 MIAMI INTERNATIONAL AIR. GENERAL ASPHALT NEW NORTH SIDE RUNWAY DADE AVIATION AUTHORITY $ 237,479.00 7 2004 PARKING LOT KEY WEST B. A. T. CCONSTRUCTION HIGH SCHOOL MONROE CO COUNTY COMMISSIONERS $ 380,698.00 7 2004 WAL -MART @ MARGATE AMERICAN ENGINEERING PARKING LOT BROWARD COUNTY PRIVATE $ 519,869.00 7 2004 WAL- MART- HIALEAH REDLAND CONSTRUCTION PARKIGN LOT DADE CO PRIVATE $ 606,370.00 7 2004 RUNWAY 9L -27R OVERLAY COMMUNITY ASPHALT FT. LAUDERDALE AIRPORT BROWARD CO COMMISSIONERS $ 1,020,000.00 7 2004 BUSWAY SOUTH CENTRAL FLORIDA EQUIPMENT MIAMI -DADE COUNTY M. D. X. $ 1,245,600.00 7 2004 C905 ROADWAY GENERAL ASPHALT MONROE COUNTY MONROE COUNTY COMMISSION $ 1,377,500.00 7 2004 SR 5 @ MM 27 GENERAL ASPHALT MONROE COUNTY FLORIDA DEPT OF TRANS $ 2,615,879.00 7 2004 BUSWAY NORTH CENTRAL FLORIDA EQUIPMENT MIAMI -DADE COUNTY M. D. X. I:\OFFICOSPREAMACTSUM\ ACTSUM04.xis QUALIFY COMPI, CONTR 4/7/2011 GENERAL ASPHALT CO., INC. LIST OF COMPLETED CONTRACTS LAST THREE YEARS DOLLAR AMOUNT CLASSES YEAR WHERE NAME AND ADDRESS OF OF COMPLETED LOCATED OF OFFICIAL WORK PERFORMED WORK CODES CITY -CNTY TO WHOM YOU REFER $ 1,526,849.00 7 1999 SW 8TH ST 75 -57 AVE RUSSELL ENGINEERING DADE COUNTY D.O.T.PROJ. # 87120 -3512 $ 279,664.00 7 1999 WARF "V" BULKHEAD FLORIDA ROCK & SAND DADE COUNTY MDCPWD # 651001 -PO $ 271,085.00 7 1999 US I & 336 STREET REDLAND COMPANY DADECOUNTY WALMART STORES $ 283,459.00 7 1999 RAVENSWOOD ROAD SOUTHEASTERN ENGINEERING BROWARD COUNTY BCAD PARKING LOT $ 193,205.00 7 1999 6310 E. I OTH AVENUE CENTRAL FLORIDA EQUIPMENT DADE COUNTY ABC DISTRIBUTING, INC. $ 186,547.00 7 1999 US I & 104 ST K -MART DADE COUNTY PARKING LOT $ 174,198.00 7 1999 57 AVE & PALM AVENUE WILLIAMS PAVING CO DADECOUNTY PALM AVENUE IMPROVEMENTS $ 167,584.00 7 1999 12 ST & NW 89 COURT RE -SOL, INC. DADE COUNTY PARKING LOT $ 1,432,557.29 7 2000 SR5 USI GENERAL ASPHALT MONROE COUNTY DOT.PROJ. # 2505801 $ 315,537.50 7 2000 BIG PINE KEY ROADS GENERAL ASPHALT MONROE COUNTY MONROE COUNTY COMMIS. $ 254,185.11 7 2000 SUMMERLAND KEY GENERAL ASPHALT MONROE COUNTY MONROE COUNTY COMMIS. $ 268,198.42 7 2000 PINE ISLAND ROAD GENERAL ASPHALT BROWARD COUNTY CITY OF LAUDERHILL $ 244,005.84 7 2000 BISCAYNE BLVD RUSSELL ENGINEERING DADE COUNTY DOT.PROJ. # E6866 $ 190,350.60 7 2000 ISLAMORADA VILLAGE GENERAL ASPHALT MONROE COUNTY CITY OF ISLAMORADA $ 175,509.90 7 2000 AVBORNE - MIA MARKS BROS. PAVING, INC. DADE COUNTY MIAMI -DADE AVAIATION $ 175,128.80 7 2000 SADDLE CLUB ROAD GENERAL ASPHALT BROWARD COUNTY CITY OF WESTON $ 2,022,452.35 7 2001 SR 818 GRIFFIN ROAD TRIPLE R PAVING, INC. BROWARD COUNTY DOT.PROJ. # 227706- 1 -52 -01 $ 482,072.96 7 2001 SR A I A PINE ISLAND CENTRAL FLORIDA EQUIPMENT DADE COUNTY FLA DOT PROJECT $ 453,029.30 7 2001 LITTLE TORCH KEY GENERAL ASPHALT MONROE COUNTY MONROE COUNTY COMMIS. $ 431,915.75 7 2001 CITY FURNITURE BERGERON LAND DEV. BROWARD COUNTY PRIVATE WORK $ 254,005.00 7 2001 WESTON ROAD @ ARVIDA TRIPLE R PAVING, INC. BROWARD COUNTY CITY OF WESTON $ 247,481.80 7 2001 NW 44TH STREET FLORIDA BLACKTOP BROWARD COUNTY BROWARD COUNTY $ 232,750.00 7 2001 CUJOE KEY GENERAL ASPHALT MONROE COUNTY MONROE COUNTY COMMIS. $ 288,306.65 7 2001 WALLMART @ HERON BAY AMERICAN ENGINEERING BROWARD COUNTY PRIVATE WORK I AOFFICEWRF,AMACTSUM\ ACTSUMO l .xls QUALIFY COMPL CONfR 4/7/2011 CITY OF SUNRISE WESTON ROAD (07)C -58 -R (101.08) 6466 NW 20 STREET FLAMINGO RD (147 -06) SUNRISE FL 33313 SUNRISE LAKES DR (260 -06) 954 - 572 -2203 954 - 749 -4078 ROBERT ROMANITCH, CONTRACT MANAGER JOHN B. FINTAK, DIR OF CITY STREETS (954- 465 -3062) (jfintak @cityofsunrise.org) CITY OF HOLLYWOOD P O BOX 229045 HOLLYWOOD FL 33022 -9045 954 - 924 -2986 954 - 924 -2992 JON VOGT, CITY ENGINEER CITY OF LAUDERHILL 3800 INVERRARY BLVD. SUITE 107 LAUDERHILL, FL 33319 (954) 730 -4225 954 - 730 -4241 MIAMI DADE COUNTY, PUBLIC WORKS 111 NW 1ST STREET; SUITE 1420 305 - 375 -5214 305 - 375 -2547 ARMANDO ARAGON, CONTRACTS ADMINISTRATION FLORIDA DEPARTMENT OF TRANSPORTATION 1000 NW 111 AVE MIAMI FL 33172 305- 470 -5715 305- 470 -5404 BARBAR ESPINO- PEREZ, CONTRACTS ADMINISTRATION RUSSELL ENGINEERING, INC 2530 SW 36ST FT LAUDERDALE, FL 33312 954 - 321 -9336 954 - 321 -0621 ROBIN PHILLIPS, CONTRACTS ADMINISTRATION VAR ROADS 2007 ST RESUR 9105.08) CITY WIDE PAV REHAB (110.08) MATHESON HAMMOCK RICKENBACKER CAUSI 20090051 20090128 20090107 CITY OF FT. LAUDERDALE OFFICE OF THE CITY ENGINEER CITY OF FORT LAUDERDALE RUNWAY 13131 PAVEMENT REHABILITATION AND CONSTRUCTION BLAST PADS FT. LAUDEDALE FL CITY OF FT. LAUDERDALE 100 NORTH ANDREWS AVENUE 4TH FLOOR FT. LAUDERDALE, FL 33301 ATTN: FERNANDO BLANCO 2,553,620.00 3,470,090.00 679,900.00 588,000.00 771,800.00 2,195,000.00 CITY OF MIAMI GARDENS LAP ROADWAY IMPROVEMENTS "016" &"017" PAM THOMPSON, CPPO, CPPB (pthompson @miamigardens- fl.gov) (305- 622 -8000) (305- 474 -1285 FAX) PROCUREMENT DEPARTMENT 1515 N W 167TH STREET BLDG. 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 499,844.00 3. Current workload p\\-\- .� Project Owner Name Telephone Number 4. The following information shall be provided for this project. a) Estimated total demolition man -hours Percent man -hours to be performed by Contractor's b) permanent staff 9 � °/ Permanent man -hours to be performed by direct hired c) employees for this project d) Percent man -hours to be performed by Subcontractors i V 0 S. The following information shall be attached to the bid. ( y- z - 4,m J {- a) Contractor's home office organization chart. f((•, r 1-1, - b) Contractor's proposed project organizational chart. /` F c) Resumes of proposed key project personnel, including on -site Superintendent. " 4, J 6. List and describe any: a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations, PO /V (' © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 16 r N X N Q } a M OJ N a 0 O 00 o0 o o ao co M',:0000 m `�-�- �w o0o m �.N N? y O M M O M -�.. O a 0 N O N 2 N riN M e:"=°- ram o (Oj 00 cli J 3 n W d= h ; a O M W rn r N M O W N (O O (V rn W N N � p (p M r N (O (O N N x -• N .� N WE oSSSoSoa� O O M M 0 6l M g , Z oSaa O O 0 g, -tea W 47 n M [O W N t6 (V M a0 t0 W W r W Q a m O O -ice N MJ O W Q N�fO r nUJ �-� cO tOM (O cT of ti N Z O�P3Z QMN -� (V (O- M WZ 'WZ O ON w Z Q p O 2 a! O W = .o O= -o 0 o 0 rn 0 o 0 0000 0 0 0 0 0 0 0 00 'OO o ` -Z N F. �._ F -�: ooMOOOOO oovio 0000 OOOO N O o0 00 N M N 'r ;mo w o° o ¢ Q J yn N M 00 (O N Lu gg O cl w 4 ? En F = '- O O N N 0 0 0 0 0 0 0 Q -:N V M IO OO NO NN(h M M W O Oi M 3,zs 400 It mO 0 O N F' K�=:: OJ 't Q7MM(Om tO N M M W O> O N M I' (O r N N (O N M OJ D) M M t0 OJ t I O M O W M M a O M N 9K '- J? � C 2 O E O- N O 3 E t alp 3 2 m: Q, Z 0 0 F- M 2� �`O. tl y _..' ° O 'o n in is E w Z j Q,: M LLI 2Z Y W Ypo> V! Z D F- Z� �� NZ rn S F- � -i OnZ .: y� U Zm� gm� O W ii o 0 w y. Lo E ww @y ``QN o.0 p � ar o=Zay F .p KC oyo maNZnm �nU >yN00 #� a' aY -.co K Z O� 44 a m $ m_ 4 <?�4 �� •- IJ� -U w F-� 0. Q IU _° W J N W 7 (O Z O -.c LL 1- ¢ Z 's - y C N IN E r =iZa W C7 W KK(nF Omn = O'ww a. ,a: a $ o A :...0 fgZmw7mN ¢¢ UN- �F.:YU�X Z v a O d- r r O N n W M rn M - -S U a (j -;_ N N N N N 0 uNi io CJ co s :O • p• O _'a - FI- V �O FF-= CO u>77 F- F-F-FF c0 �co F W O o w �at��nnrrrr��nn��nn U o o N 3= 0 o 0 0 r N X N Q } a M OJ N a 4850 NW 72 Avenue General Asphalt COIT�JJaily Phone: (305)592 -3480 AN714?< - sm, Fax: (305) 477 -4675 Re: Prime Contractors Line of Authority Dear Sir: This document shall serve as General Asphalt Company, Inc.'s declaration of Line of Authority for the above captioned project. Feel free to contact myself, or any of the employees listed below should you have any questions or concerns. PRESIDENT GACI Mr. Robert Lopez PROJECT MANAGER Mr. Rob Lopez SUPERINTENDENT Mr. Jimmy Johnson ASPHALT CREWS Respectfully Submitted, General Asphalt Company, Inc. Robert Lopez Jr. Vice President EEO OFFICER Mr. Royal Webster LAB MANAGER Mr. Lance Henry LAB TECHNICIANS 4250 NW 113 TERRACE, SUNRISE, FL 33323 305 -592 -3480, Fax 305- 477 -4675 Jorge Costa. Objective ! Prepared for Qualification by General Asphalt Co., Inc. Experience 1981- Present General Asphalt Co., Inc, Miami, FL Project Manager • Supervise field crew 1. Personnel 2. Material 3. Equipment • Supervise Projects (FDOT; MDCPW; FAA, PRIVATE PROJECTS, MILLING OPERATIONS Skills Background • Asphalt Plant Operations • Heavy Equipment Operator • CDL Driver Licenses • Florida DOT Level I& Level II Asphalt Paving • Florida DOT Advanced MOT • Troxler Density Tester Certified Qualifications • Coring; Density; Temp Reading; Test Stripe; Straight Edging; Slope Control; Rolling Straight Edge Education 1980 Miami Southwest High School Miami, FI F:IFDOT QUALIFICATIOM20091Cont Resume JORGE COSTA.doc 15785 SW 88 Ct, Miami, F1. 305- 592 -3480, Fax 305- 477 -4675 Robert A. Lopez, Jr. Objective Prepared for Florida Department Of Transportation Annual Qualification Experience 1997- Present General Asphalt Co., Inc, Miami, FL Project Manager, Stockholder (2005), Vice - President (2006) • Manage and make decisions on Construction Projects 1. Personnel 2. Equipment 3. Coordinate with Owners and Owners Representatives • Prepare bids on major projects. • Direct contact with owners of other contracting firms for work, billing, and collection purposes. Education 1991 -1997 Florida International University • BS Degree in Business Administration Level 1 Asphalt Technician Interests' Level 2 Asphalt Technician F:IFDOT QUALIFICATION120091Cont Resume ROBERT A LOPEZ JR.doc Miami, FL b) Any arbitration or civil or criminal proceedings, or j h Q /V r Suspension of contracts or debarring from Bidding by any public agency brought C) against the BIDDER in the last five (5) years. 7. Government References: AAA "C \� Vi List other Government Agencies or Quasi - government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: 0 �� 01 c) Telephone No.: Cl 1-1 ( - ' 919 Contact Person: —1 k ` I } Cat Type of Project: i �f Name of Agency: e n Address: Telephone No.: Contact Person: Type of Project: - � FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 7, © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 17 CITY OF SUNRISE WESTON ROAD (07)C -58 -R (101.08) 6466 NW 20 STREET FLAMINGO RD (147 -06) SUNRISE FL 33313 SUNRISE LAKES DR (260 -06) 954- 572 -2203 954 - 749 -4078 ROBERT ROMANITCH, CONTRACT MANAGER JOHN B. FINTAK, DIR OF CITY STREETS (954-465 -3062) (jfintakee cityofsunrise.org) CITY OF HOLLYWOOD P O BOX 229045 HOLLYWOOD FL 33022 -9045 954- 924 -2986 954- 924 -2992 JON VOGT, CITY ENGINEER CITY OF LAUDERHILL 38001NVERRARY BLVD. SUITE 107 LAUDERHILL, FL 33319 (954) 730 -4225 954- 730 -4241 MIAMI DADE COUNTY, PUBLIC WORKS 111 NW 1ST STREET; SUITE 1420 305- 375 -5214 305 - 375 -2547 ARMANDO ARAGON, CONTRACTS ADMINISTRATION FLORIDA DEPARTMENT OF TRANSPORTATION 1000 NW 111 AVE MIAMI FL 33172 305- 470 -5715 305- 470 -5404 BARBAR ESPINO- PEREZ, CONTRACTS ADMINISTRATION RUSSELL ENGINEERING, INC 2530 SW 36ST FT LAUDERDALE, FL 33312 954 - 321 -9336 954- 321 -0621 ROBIN PHILLIPS, CONTRACTS ADMINISTRATION VAR ROADS 2007 ST RESUR 9105.08) CITY WIDE PAV REHAB (110.08) MATHESON HAMMOCK RICKENBACKER CAUSE 20090051 20090128 20090107 CITY OF FT. LAUDERDALE OFFICE OF THE CITY ENGINEER CITY OF FORT LAUDERDALE RUNWAY 13131 PAVEMENT REHABILITATION AND CONSTRUCTION BLAST PADS FT. LAUDEDALE FL CITY OF FT. LAUDERDALE 100 NORTH ANDREWS AVENUE 4TH FLOOR FT. LAUDERDALE, FL 33301 ATTN: FERNANDO BLANCO 2,553,620.00 3,470,090.00 679,900.00 588,000.00 771,800.00 2,195,000.00 CITY OF MIAMI GARDENS LAP ROADWAY IMPROVEMENTS "016" &"017" PAM THOMPSON, CPPO, CPPB (pthompson(7a mlamlgardens- fl.gov) (305- 622 -8000) (305474 -1285 FAX) PROCUREMENT DEPARTMENT 1515 N W 167TH STREET BLDG. 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 499,844.00 NON - COLLUSION AFFIDAVIT Citywide Road Resurfacing Project Phase II STATE OF FLORIDA COUNTY OF MIAMI -DADE t� Z' being first duly sworn, deposes and states that:} (1) #e She /They is /are the uci' Z7 La: t (Owner, Partner, Officer, Representative or Agent) of �J1Fjui �%� "lc "1 Y' the PROPOSER that has submitted the attached BID; (2) H `Sheffhey is /are fully informed with respect to the preparation and contents of the attached BID and of all pertinent circumstances concerning such BID; (3) Such BID is genuine and is not a collusive or sham BID; (4) Neither the said PROPOSER 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 PROPOSER, firm, or person to submit a collusive or sham BID in connection with the Work for which the attached BID has been submitted; or to refrain from 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 PROPOSER, firm, or person to fix any overhead, profit, or cost elements of the BID or of any other PROPOSER, or to fix any overhead, profit, or cost elements of the BID Price or the BID Price of any other PROPOSER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the pprroposg¢- -Work; (5) The price or prices quoted in the attached BID are fair and proper rYd e not tainted y any collusion, conspiracy, connivance, or unlawful agreement on th ar�tppf t)tiew'�n0 or any other of its agents, representatives, owners, employees or pay� `fn n¢4t; �n''ttding tKis affiant. Signed, sealed & delivered in the presence of: Subscribed and sworn to before me this J2 01 day of 9�H(h�- 20 l 7r ?TFpYPUBUCSTMIA OFPLOR"M Mariana Navarro Notary Public (Signature) Cmnmission #DDi9K29 My Commission Expires: Expires: JUNE 18, 2012 noitieu Txeu AnAN" 1c BONDING co, V'x. FAILURE TO COMPLETE SIGN & RETURN FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 18 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Citywide Road Resurfacing Project Phase II Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMIINISTE�R( OATHS. l� � I. This sworn statement is submitted to � k t` `1 1 g � 1 \ f SI 4 ] [print name of the public entity] by � C � � � � t 1 pjT [prine individual's name and title] for GIE L,0- lZ i l_ CkD —A-L2 . [print anme of entity submittirig sworn statement] } whose business address is q�so K;w �)" [print full mailing address and if applicable its Federal Employer Identification Number (FEIN) is C� - t t M IQ C{ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page WT (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity s mitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 20 Signed, sealed & delivered in the presence of: By: Subscribed and sworn to before me this O 1 NfkTf r.YPUBLICSTATE aFYWRI:1A7— Mariana Navarro ExpiresSIJUNE1898012 DDiDED UIRU AnANMDOYM NG CO., INC. day of 20 I I U X� \" � Notary Public (Signature) My Commission Expires: FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 21 DRUG FREE WORKPLACE Citywide Road Resurfacing Project Phase II Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. BIDDER'S Signature: Print Name: Date: FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS Citywide Road Resurfacing Project Phase II TO THE CITY OF SOUTH MIAMI We, (- ;-£c {Lfi-L - W�g mo (?v.'! f (Name of Contractor), hereby acknowledge and agree that as Contractors for the Citywide Road Resurfacing Project Phase II, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): fiQ, l-,j /CFO r �z to comply with such act or regulation. CONTRACTOR Witness BY: Name W L, \i\� t- Title FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 23 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Citywide Road Resurfacing Project Phase II BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Landscape Subcontractor Name .. Email Sodding & Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting / t Testing Laboratory Soil Fumigator Signs Other; This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible bidder within five (5) calendar days after Bid Opening. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 24 STATE OF FLORIDA U 11dtlV -ii'� �/ 33134 ' RICK SCOTT GOVERNOR = DISPLAY AS REQUIRED BY LAW 025423 -5 THIS IS NOT A RILL - DO NOT PAY RENEWAL eurE1��EA��1le� CO INC 4850 NW 72 AVE 33166. UNIN DADE COUNTY FIRST -CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 CC IrEDib�D' 025423 -5 "MERAL ASPHALT CO INC See lTieii� WIL ENGINEERING CONTRACTOR WORK30 /S THIS IS ONLY A LOCAL BUS II TAX flECE1PL IT 60020000124 DOES NOT PERMIT DIE HOLDER TO YIOIATE ANY 5 OR THE ZONNIG I-Al" Of THE COUNTY 00 NOT FORWARD OR C'NEP COUNTY OR UDES: tTHE DOES R E %ANY THE IAIAMI -DARE COUNTY iROR ANY SE FIRST -CLASS PEHOLDER IN REQUIRED OR .TENSE HET THIS GENERAL ASPHALT CO INC A OE6YFICAT Or THE OLDER`$OUALIFlAF ROBERT A LOPEZ PRES HENS. P 0 BOX 52 -2306 PAYMOIT OECETWO MIAMI FL 33152 MAHn AOE COUNTY I" COLLECTOR: 10/04/2011 60020000124 000175.00 5 SEE OTHER SIDE IAIAMI -DARE COUNTY 2011 MUNICIPAL CONTRACTOR'S 2012 FIRST -CLASS TAX COLLECTOR TAX RECEIPT U.S. POSTAGE 140 W. FLAGLER ST. MIAMI -DADE COUNTY - STATE OF FLORIDA PAID let FLOOR PURSUANTTO COUNTY CODE SEC, 10 -24 MIAMI, FL MIAMI, FL 33130 EXPIRES SEPT. 30, 2012 PERMIT NO, 231 TI IIS IS NOT A DILL — DO NOT PAY RECEIPT NO. 30- 0254235 CC NO, E702 BUSINESS NAME I LOCATION GENERAL ASPHALT CO INC 4850 NW 72 AVE OWNER :GENERAL ASPHALT CO INC SEE BACK -OF RECEIPT FOR A LIST OF NON- PARTICIPATING MUNICIPALITIES RECEIPT HOLDER MAY DO BUSINESS. AS A CONTRACTOR AS SPECIFIED HEREON. GENERAL ENGINEERING CONTRACTOR Receipt hdtler must DO NOT FORWARD register In tile cxy GENERAL ASPHALT CO INC where work is to be ROBERT A LOPEZ PRES done. P 0 BOX 52 -2306 MIAMI FL 33152 PAYLIEW RECOVEO CCIA 0'l -1 t /2011 60020000125 i.. IhR!{,,,, U, 1, I,. ,lII „IJrIl1111 „I,lI,.IL „,Il,J °I 000300.00 ACORA CERTIFICATE OF LIABILITY INSURANCE 1 DATE PRODUCER - 7800 FAX (305)558-4294 Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd., Ste. 301 Miami Lakes, FL 33016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEWHIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER I k COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED General Asphalt Co., Inc. P 0 Box 522306 Miami, FL 33166 INSURERA: Travelers n emn ty Co of Amen c T� PDA4E Mt.PVbO/YY�N INSURERS. Sea Bright Insurance Company A INSURERC: GENERAL LABILITY MADE � OCCUR XfJOL'ANKET MERCIAL G ENERAL LIABILITY ADDL INSD IN SURER D. 01/01/2011 NSURER E, EACH OCCURRENCE COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER DATEY&6VODIYYI iIVE T� PDA4E Mt.PVbO/YY�N LIMITS A GENERAL LABILITY MADE � OCCUR XfJOL'ANKET MERCIAL G ENERAL LIABILITY ADDL INSD C08063M466TIA10 01/01/2011 01/01/2012 EACH OCCURRENCE $ 110— 0— —0 QQQ DAMAGE TO ENTEO $ 300 00CLAIMS MED EXP(Any one person) $ 6000 PERSONAL & ADV INJURY 1,000 00 X I BLANKET WAIVER GENERAL AGGREGATE 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICV X JECT LOC PRODUCTS - COMP /OIo AGG $ 2,000,000 A AUTOMOBILE X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS Addtl Insured DT8108063M466COF10 COMP DED $2,500 COLL DED $$2,500 01/01/2011 01/01/2012 COMBINED SINGLE LIMIT (Ea aWdenl) S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (PeraccidenU $ PROPERTY DAMAGE (Per aWdenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLALIABILITY X OCCUR FI CLAIMS MADE) I DEDUCTIBLE X RETENTIONS 10.000 CUP8063M466TIL10 UMBRELLA IS EXCESS OVER AUTO, GL & EL 01/01/2011 01/01/2012 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ $ S $ B WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICERIMEMBEEREXCLUDEDIECUTIVE II ea dearnbe under SPECIAL PROVISIONS below 661092000 01/01/2011 01/01/2012 X TORYL TS E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEES 50000 E.L. DISEASE - POLICY LIMIT I S 500,000 A DdMRACTORS' EQUIPMENT QT660872OM378PH10 01/01/2011 01/01/2012 SCHEDULED EQUIPMENT- $5,365,000 LEASED /RENTED $300,000 DEDUCTIBLE - $5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY POLICY. PROJECT: CITYWIDE ROAD RESURFACING PROJECT PHASE 111; # SM- 2011 -16 -PW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W9L1. ENDEAVOR TO MWL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIZED REPRESENTATIVE Richard French /SANDYS RICT(ARD D. FRENCH ACORD 25 (2001 /08) n@ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) QUALIFYING TRADE(S) 0001 GENERAL. ENGINEERING ACORA CERTIFICATE OF LIABILITY INSURANCE DATE o' PRODUCER (305)822-7800 FAX (305)568-4294 Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd., Ste. 301 q Miami Lakes, FL 33016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEWHIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER I K COVERAGE AFFORDED BY THE POLIC ES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED General Asphalt Co., Inc. P 0 Box 622306 Miami, FL 33166 INSURERA: Travelers Indemnity Co of Americ A INSURERS. SeaBright Insurance Company GENERAL LIABILITY CLAIMS WOE OCCUR ]BLANKET MERCIAL GENERAL LIABILITY BLANKET ADDL INSD INSURERC: 01/01/2011 INSURER D. EACH OCCURRENCE INSURER E, CA! GETO ENTED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' rypE OF INSURANCE POLICY NUMBER POLCYEFFE HIE DA E MMIOD//YYYYI POLICY E %PIRATION GATE hiMIDOM LIMITS A GENERAL LIABILITY CLAIMS WOE OCCUR ]BLANKET MERCIAL GENERAL LIABILITY BLANKET ADDL INSD C08063M466TIA10 01/01/2011 01/0112012 EACH OCCURRENCE $ 1 000 000 CA! GETO ENTED $ 300 .00 MED EXP(Any one person) $ 6,000 PERSONAL A ADVINJURY 1 000 00 WAIVER GENERAL AGGREGATE LQQQQQ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICV X JECT LOG PRODUCTS - COMP /010 AEG $ 2,000,00 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AddU Insured DT8108063M466COF10 COMP DED $2,500 COLL DED$2,500 01/01/2011 01/01/2012 COMBINED SINGLE LIMIT (Ea acgdonl) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (PeravAenl) $ X X PROPERTY DAMAGE (Per accideni) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY X OCCUR FI CLAIMS MADE) DEDUCTIBLE X RETENTION S 10,000 CUP8063M466TIL10 UMBRELLA IS EXCESS OVER AUTO, GL & EL 01101/2011 01/01/2012 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTNE OFFICEWMEMBER EXCLUDED? DEC' describe Under SPECIAL PROVISIONS below BB1092000 01/01/2011 01/01/2012 X TORVL TS E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE. EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 1 $ 500,000 A D TRACTORS' EQUIPMENT OT660112OM111PH10 01/01/2011 01/01/2012 SCHEDULED EQUIPMENT - $5,365,000 LEASED /RENTED $300,000 DEDUCTIBLE - $5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY POLICY. PROJECT: CITYWIDE ROAD RESURFACING PROJECT PHASE III; # SM- 2011 -16 -PW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NMAEO TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIZED REPRESENTATIVE Richard French /SANDYS RICHARD D. FRExcH ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001108) NOTICE OF AWARD Citywide Road Resurfacing Project Phase 11 TO: PROJECT DESCRIPTION: Citywide Road Resurfacing Project Phase II, in accordance with Plans and Contract Documents as prepared by December 18, 2011, prime consultant and the City has considered the Bid submitted by you for the above described Work in response to its advertisement for Bid and Instructions to BIDDERS. You are hereby notified that your Bid has been accepted for the Citywide Road Resurfacing Project Phase 11, in the Jump sum amount of $ , broken down as follows: Base Bid: Alternate # 1: Alternate #2: Alternate #3: Alternate #4: Total of Award: You are required by the Instructions to BIDDERS to execute the Contract and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds and certificate of insurance within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Bid, revoke the award and retain the Bid Bond /Security. FM Hector Mirabile, Ph.D CITY MANAGER Dated this _ day of , 201 1 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of 2011. am TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 25 CONTRACT Citywide Road Resurfacing Project Phase II THIS CONTRACT was made and entered into on this day of 2011, by and between hereafter referred to as "Contractor ", and the City of South Miami, hereafter referred to as "Owner ". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation necessary to perform all of the work shown on the 2. Drawings and described in the Project Manual the Contractor shall furnish all the materials, and perform all of the Work as provided for in the Bid Documents and Construction Documents, drawings, plans, specifications, General Conditions and documents and shall do everything required by this Contract and the other Contract Documents. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a written order of the Owner and shall complete all Work hereunder within the length of time stipulated in the Bid. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount of: (written dollars amount) __), Lump Sum. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved estimate of Work performed during each calendar month by the Contractor, less the retainage provided in the General Conditions, which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and until such Work has been accepted by the Owner. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, materials bills, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, final payment on account of this Contract shall be made within sixty (60) days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated on the Bid Form in #5, or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $388 per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 26 such bond ceases to be adequate to cover the performance of the Work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in manner and form satisfactory to the Owner. 9. No additional Work or extras shall be done unless the same is duly authorized by appropriate action by the Party of the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES CONTRACTOR Signature: Name: Title: AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: Signature: Maria Menendez Hector Mirabile, Ph.D City Clerk City Manager © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 27 FORM OF PERFORMANCE BOND Citywide Road Resurfacing Project Phase 11 That, pursuant to the requirements of Florida Statute 255.05, we, as Principal (hereinafter referred to as "CONTRACTOR ") whose principal business address is number is CONTRACTOR, and Surety, whose principal business address is and whose telephone number is and whose telephone , hereinafter call a corporation as are bound to the City of South Miami, as Obligee /Owner, whose principal business address is 6130 Sunset Drive, South Miami, FL 3314 and whose telephone number is 305- 663 -6340, hereinafter called City in the amount of for the payment of which we bind themselves, our heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract under contract number , for the Citywide Road Resurfacing Project Phase 11, awarded on the day of , 20_, with the City for in accordance with drawings (plans) and specifications prepared by December 18, 2011 which Contract is be reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that the CONTRACTOR: I. Fully performs the Contract between the Contractor and the City for the Citywide Road Resurfacing Project Phase 11, within 90 Calendar Days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of the acts, omissions or negligence of Contractor or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patent defective or faulty Work or materials that appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that appear within five (5) years of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force and effect. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 28 S. Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default in the following manner: 5.1 Complete the Contract in accordance with the Contract's terms and conditions; or 5.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER, or, if the City elects, upon determination by the City and Surety jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a Contract between such BIDDER and City, and make available as Work progress (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond, IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (SEAL) (Individual or Partnership Principal) ATTEST: (Business Address) (City /State /Zip) (Business Phone) (Corporate Surety)* By: IN THE PRESENCE OF: INSURANCE COMPANY: By: (Business Address) (City /State /Zip) (Business Phone) Agent and Attorney -in -fact Signature © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 29 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) On this, the day of , 2007, before me, the undersigned notary public of the State of Florida, the foregoing instrument was acknowledged by (Name of Corporate Officer), (Title), of (Name of Corporation), a the corporation. WITNESS my hand NOTARY PUBLIC: SEAL OF OFFICE: (State of Corporation) corporation, on behalf of and official Notary Public, State of Florida seal. (Name of Notary Public: Print, Stamp or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 30 FORM OF PAYMENT BOND Citywide Road Resurfacing Project Phase II KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.01, et seq., Florida Statutes, we, , whose business address is and whose phone number is as Principal, (hereinafter referred to as "Contractor "), and , whose business address is and whose phone number is whose business address is Obligee, (hereinafter referred to as Surety, are bound to the City of South Miami, and whose phone number is as as "City ") in the amount of ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, by written agreement, entered into a Contract for the Citywide Road Resurfacing Project Phase II, awarded on the day of 20 under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by December 18, 2011, which Contract is hereby made a part hereof by reference and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20. the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 31 IN PRESENCE OF: (SEAL) (Individual or Partnership Principal) ATTEST: (Business Address) (City /State /Zip) (Business (Corporate Surety)* a IN THE PRESENCE OF: INSURANCE COMPANY: BY: Agent and Attorney -in -fact Signature (Business Address) (City /State /Zip) (Business Phone) *Power of Attorney must be attached, © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 32 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) On this, the day of of the State of Florida, the Officer), (Name of Corporation, a the corporation. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: , 2007, before me, the undersigned notary public foregoing instrument was acknowledged by (Name of Corporate (Title), of (State of Corporation) corporation, on behalf of Notary Public, State of Florida (Name of Notary Public: Print, Stamp or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 33 NOTICE TO PROCEED Citywide Road Resurfacing Project Phase II TO: DATE: PROJECT DESCRIPTION: Citywide Road Resurfacing Project Phase 11, in accordance with Plans and Contract Documents as may be prepared in whole or in part by December 18, 2011, the prime consultant and hereinafter referred to as CONSULTANT. You are hereby notified to commence Work in accordance with the Contract dated , on or before . You are to complete the work within 90 Calendar Days calendar days. The date of completion of all Work is therefore City of South Miami FW Dr. Hector Mirabile City Manager ACCEPTANCE OF NOTICE RECEIPT OF THE ABOVE NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED BY on this day of 20_ w TITLE: © thomasfpepe- 09 -08 -1 1 TABLE OF CONTENTS Page 34 GENERAL CONDITIONS Citywide Road Resurfacing Project Phase II ARTICLE I — Definitions Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this article for the purpose of interpreting a word or group of words in that section of the Contract Documents. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this article to define the word or group of words, these definitions shall not apply unless the word, in the context of its use in the Contract Document in question, is ambiguous and open for interpretation. In addition, these definitions shall also not apply to contradict a definition that is given in a specific provision of a Contract Document: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: The form furnished by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: the offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the Work to be performed. BIDDER: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after execution of the Contract. CITY: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract all Bid Documents including but not limited to the Invitation to Bid, CONTRACTOR'S Bid, the Bonds Insurance Certificates and the Notice of Award, the Notice to Proceed, these General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents and Acknowledgment of Conformance with the City of South Miami. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 35 Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Dav: A calendar day of twenty -four hours measured from the beginning of the day at 12:01 a.m. 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 of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful BIDDER stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 36 Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project, or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 — Preliminary Matters Award: 2.1 The CITY reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible BIDDER. No Notice of Award shall be given until the CITY has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the BIDDER to complete the Work in accordance with the Contract Documents to the satisfaction of the CITY within the time prescribed. The CITY reserves the right to reject the Bid of any BIDDER who does not pass such investigation to the CITY'S satisfaction. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful BIDDER a Contract for execution within ninety (90) day after opening of Bids. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 37 Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. Forfeiture of Bid Security /Performance and Payment Bond: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami - Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A:VII or better. 2.3.7 Failure of the successful BIDDER to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 38 necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover; however, it shall not be liable to CITY or CONSULTANT for its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. Schedule of Commotion: 2.8 Within Five (5) days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions, 2.9 Within five (5) days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre- construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors Material men and Suppliers: 2.10 Within five (5) calendar days after bid opening, the apparent lowest responsive and responsible BIDDER shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 39 2.1 1 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low BIDDER may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. ARTICLE 3 — Correlation Interpretation and Intent of Contract Documents 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service ". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturers literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 40 used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of following documents are set forth in the order of their precedence so that all the documents listed above a given document shall have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda, with those (c) Drawings (d) Drawings of a larger scale (e) Drawings of a smaller scale (f) Written dimensions (g) Scaled dimensions (h) Specifications, having (i) Contract with all Exhibits thereto 0) Special Conditions; and (k) General Conditions ARTICLE 4 — Availability of Lands Subsurface Conditions Reference Points Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. 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. The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 5. The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 41 transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY/ CONSULTANT. Differing Site Conditions: 6. The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: I. Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 — Insurance AIA Insurance Provision 5.0 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 42 5.0.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 5.0.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 Claims for damages insured by usual personal injury liability coverage; 5.0.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 5.0.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 5.0.7 Claims for bodily injury or property damage arising out of completed operations; and 5.0.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under this contract Contractor's Liability Insurance: 5.1 CONTRACTOR and all Subcontractors shall provide and maintain in full force and effect until all the Work is performed under this Contract by the Contractor and all subcontractors, has been completed and accepted by CITY and Miami -Dade County and is in full compliance with all applicable state, county and municipal laws, rules and regulations (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth below: 5.1.1 Worker's Compensation insurance as to all employees or borrowed servants in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy must include Employers' Liability, The CONTRACTOR shall further require in all contracts with Subcontractors that all of its Subcontractors maintain Worker's Compensation Insurance. All contracts with subcontractors must be filed with the City prior to the commencement of any work to be performed by that subcontractor. 5.1.2 Comprehensive General Liability with minimum limits of 1000000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy without restrictive endorsements, as filed by the Insurance Services Office, and must include: S. 12(a) Premises and Operation S. 12(b) Independent Contractors S. 1.2.(c) Products and /or Completed Operations Hazard S. 1.2.(d) Explosion, Collapse and Underground Hazard Coverage S. 1,2.(e) Broad Form Property Damage 5,1.2.(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. 5.1.2.(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of Two Million Dollars ($2,000,000.00) plus a additional Ten Million Dollar ($10,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 43 edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: S. 1.3.(a) Owned Vehicles. S. 1.3.(b) Hired and Non -Owned Vehicles S.1.3.(c) Employers' Non - Ownership 5.2 Before starting the Work, the CONTRACTOR and each subcontractor shall file with the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, listing the City and Miami -Dade County as an additional, Named Insured with the right of recovery and of direct enforcement of the terms of the insurance policy with the name, address and telephone number of the insurance agent or broker through whom the policy was obtained; these certificates shall contain a provision that the coverage afforded under the policies shall not be canceled, endorsed, modified or changed without prior written approval of the CITY upon at least thirty (30) days prior written notice given by the insurer to the CITY and CONSULTANT by certified mail. The insurer shall be rated AVII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR where applicable. Fire and Extended Coverage Insurance (Builders' Risk 5.4 The CONTRACTOR shall maintain, as applicable, in an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance listing the City as an additional, Named Insured with the right of recovery and of direct enforcement of the terms of the insurance policy on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be full replacement cost with no limitations at least equal to the actual cash value of replacement of the insured property. The policy shall be in the name of the CITY and Miami -Dade County and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with a Certificate of Insurance certifying that the foregoing insurance is in full force and effect; and such evidence shall include provisions that the insurance shall not be canceled, endorsed, modified or changed without prior written approval of the City upon at least thirty (30) days prior written notice given by the insurer to the CITY by certified mail. Cancellation and Re- Insurance: 5.6 If any notice of endorsement, modification, change or cancellation of insurance by the insurance company is served as provided herein or should any insurance required by this contract have an expiration date that will occur during the period of this contract, the CONTRACTOR and Subcontractors shall be responsible for purchasing insurance which is in compliance with this contract and acceptable to the City which becomes effective prior to such endorsement, modification, change ,cancellation or expiration of the existing coverage so as to provide © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 44 continuous coverage without any gap in coverage as specified in this section and so as to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CONTRACTOR and Subcontractors and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR and Subcontractors shall eliminate or reduce such deductible or the CONTRACTOR/Subcontractor shall procure a Bond, in a form satisfactory to the CITY covering the same. ARTICLE 6 — Contractor's Responsibilities Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times, in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As- Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, must be made available at all times and shall be delivered to the CITY upon completion of the Project. Labor Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials Equipment Products and Substitutions: © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 45 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 46 Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting_ © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 47 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all applicable sales consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 48 submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. 6.24 All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.25 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.26 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the December 18, 2011 and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re- submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and /or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.27 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.28 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.28.1 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded © thomasfpepe- 09 -08 -1 I TABLE Of CONTENTS Page 49 materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.30 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety 6.31 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.32 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.33 Unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the Contractor shall indemnify and hold harmless the CITY, Miami -Dade County, their official and employees and the CONSULTANT, as well as their agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they are liable. In consideration of the separate sum of One Hundred Dollars ($100.00) or other valuable consideration, CONTRACTOR shall indemnify and hold harmless the CITY, Miami -Dade County, their official and employees and the CONSULTANT from any claim, damage, loss or expense that is caused in part by a party indemnified hereunder. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. 6.34 In the event that any action or proceeding is brought against CITY, Miami -Dade County, their official and employees 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, Miami -Dade County, their official and employees. 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 © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page s0 actions of every name and description that may be brought against CITY, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT, 6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.36 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Responsibility for Connection to Existing Work: 6.37 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.38 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.38.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.38.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments Public Utilities, Etc.: 6.39 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties ") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.39.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. © thomasfpepe- 09.08 -1 I TABLE OF CONTENTS Page 51 6.39.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.40 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.40.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.40.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.40.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.40.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.40.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.41 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, adjacent or nearby property, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 — Work by Others 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 52 CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice and failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. ARTICLE 8 — City's Responsibilities 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. © thomasfpepe- 09 -08 -I I TABLE OF CONTENTS Page 53 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — Consultants' Status During Construction Citv's Representative; 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and /or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 54 of such inspections and /or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and /or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.9 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.10 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.11 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - Changes in the Work 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall be authorized by written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order, All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that any minor change or alteration authorized by the CONSULTANT's Field Order entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, he must make a timely claim as provided in Articles I I and 12 or otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 55 Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE I I — Change of Contract Price 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 CITY- furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section 11.7 and 11.8. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 56 1 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15 %. If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami -Dade County and shall include only the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section © thomasfpepe- 09 -08 -1 1 TABLE OF CONTENTS Page 57 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR ". 11.8.4 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. Payment fees of CITY permits may be waived. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 58 10.2 A mutually acceptable fixed percentage (not to exceed 15 %). 1 1.1 1 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 — Time for Completion Liquidated Damages and Chance of the Contract Time 12.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work shall be commenced on the date specified in the Notice to Proceed. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due to inclement weather except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of I fourteen (14) days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 59 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. ARTICLE 13 - Guarantee 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Word at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13. 1, shall take precedence over Section 13.1. ARTICLE 14 - Payments and Completion Payments to Contractor 14.1 At least ten (10) 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 © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 60 reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10 %) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTNTTs approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 61 I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials ". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 62 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the Work. 14.10 The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and /or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663 -6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 The Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is not longer Finally Competed. © thomasfpepe- 09 -08 -1 1 TABLE OF CONTENTS Page 63 14.12.2 The Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 Claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 There is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 — Suspension of work and Termination 15.1 The CITY may, at anytime and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 64 15.4 Upon seven (7) days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar days time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY or the CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 - Miscellaneous 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 65 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (2 1) days of the first observance of such injury or damage. ARTICLE 17 - Waiver of Jury Trial 14.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - Attorneys Fees Jurisdiction / Venue / Governing Law 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami -Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - Profit Records 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of 0 thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 66 three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) days written notice. ARTICLE 20 - Severability 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — Independent Contractor 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract dated the day of 20 WITNESSES CONTRACTOR Signature: Name: (print name of Witness) Title: (print name of Witness) AUTHENTICATION: Signature Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: City Attorney OWNER: CITY OF SOUTH MIAMI Signature: Hector Mirabile, Ph.D City Manager © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 67 EPAYABLES QUESTIONS & ANSWER FORM Citywide Road Resurfacing Project Phase II FREQUENTLY ASKED QUESTIONS FROM VENDORS Q: Is this a requirement? Will it affect our Vendor - Client relationship if we decline? A: This is the preferred method of payment and part of an effort to reduce checks and eliminate paper waste and inefficiencies. This will also decrease the time it takes to complete payment and is more convenient than handling a check. Q: Are there any fees associated with this method of payment? A: Payments will be processed as credit card transactions, so your standard merchant fees will apply. There are not any direct fees imposed by the client or issuing bank. Q: Are you, the Client, willing to absorb the fees? A: It is not our intention to absorb fees associated with your Merchant Service Provider. Q: Is it safe to keep the card number on file? A: The new payment process keeps that card account with a credit limit of $0 until an invoice has been approved for payment. Once it is approved, the card will be funded with the exact amount due and you will receive a remittance, which is an electronic confirmation that the card is ready to be charged. This technology makes keeping a card on file completely safe. Q: Our company policy does not allow us to keep a credit card number on file. A: Would your company allow you to maintain only the first 12 numbers on the card? For security reasons, the remittance advice, which authorizes payment, only identifies the last 4 digits of the card; upon receipt of the remittance you would have the complete card information in order to process the transaction. Q: Will the net terms change? How soon will we get paid? A: Your terms will remain the same, however, you do gain the float; funds are typically deposited within 48 hours after processing the transaction. Q: How does this affect our invoicing? What about credits and short -pays? A- Your invoicing, current procedures and client contacts will remain the same. Q: What is your billing address? A: I can give you this information now if you'd like but keep in mind that we'll also include it on all remittances so you have it readily available each time you take your payment. © thomasfpepe- 09.08 -1 I TABLE OF CONTENTS Page 68 Q: What about past- due /outstanding invoices? A: I can assist you with those however this process will pertain to all future payments only. Q: Our company requires a signed Card Authorization Form for every credit card transaction. A: Please send me the form and I can fill it out. Q: Will I receive payment for all of our company locations? A: Receipt of payment will remain the same. If you currently receive one check for multiple locations, you will maintain one card number on file and the remittance will identify the appropriate location by invoice number, date and amount. If a separate check is sent to each remit -to address, a unique card number will be assigned for each location. Q: We have several people who process payments, so I don't want to give you just one person's email. A: The payment advice can be sent to more than one person if you want to give me additional email addresses. Also, some vendors establish a general email alias that will forward the remittance to several people in your organization. Q: Can you send the remittance via email and fax? A: The remittance can be sent to multiple email addresses or faxed to one number; not both. Q: I would like something in writing. Can you send me the information to share with my supervisor? A: Absolutely. I will forward a blank confirmation that includes a sample remittance and contact information. Or would you like me to speak directly to your supervisor? Q: What are the benefits to us of accepting payment via credit card? A: • Expedited receipt of cash • No collection costs associated with lost or misplaced checks • More efficient handling of exception items • Control benefit; avoid giving out bank information for ACH payments • No check processing costs • Remittance data transmitted with payment for more efficient back -end reconciliation • Invoice detail provided electronically © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 69 SUPPLEMENTARY CONDITIONS Citywide Road Resurfacing Project Phase II A. In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as follows Principal Consultant, Civil Engineer of Record, and City Engineer Not Applicable B. Work that is unsatisfactory, faulty, or deficient in that it: does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been C. Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" as defined in Article I D. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience; the CONTRACTOR and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be binding on both parties. E. Non - conformance to Contract: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non - conformance or failure to meet delivery schedules may result in the Contract being found in default. 1 Default Provision: 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. 2 Indemnification: The CONTACTOR shall indemnify, save harmless, and defend the City of South Miami, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of services pursuant to the Contract and /or from any procurement decision of the CITY including without limitation, awarding the Contract to the CONTRACTOR. 3 Secondary /Other Contractors: The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and /or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. 4 Assignment: The CONTRACTOR shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid and monies, which may be due hereunder, are not assignable except with prior written approval of the City Manager. © thomasfpepe- 09 -08 -1 I TABLE Of CONTENTS Page 70 Plans for Construction: The successful BIDDER will be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the BIDDER at a cost to the BIDDER equal to the reproduction cost. Warranty /Guarantee: CONTRACTOR shall act as agent, on a limited basis for the City, solely for the follow -up concerning warranty compliance for all items under manufacturer's Warranty /Guarantee and for the purpose of completing all forms for Warranty /Guarantee coverage under this Contract. END OF SECTION © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 71 SPECIAL CONDITIONS Citywide Road Resurfacing Project Phase II Standard Road Details METROPOLITA4 I I fl"to DADE COUNTY -, 3 /10/BI PUBLIC WORKS 6/41111 —A#91-03— DEPARTMENT ... ,,,. 6/2/03 W R/W - 2 LANES SWALE FO Gm <I 4 V R 1.1 TsOW .L © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 72 a N 0 z w u b w II V w w e w a d N p ty W p 3 2 g 9 a yam, Xt p a yWj µW, W 0 0V 00 OW V @O 6/2/03 W R/W - 2 LANES SWALE FO Gm <I 4 V R 1.1 TsOW .L © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 72 3__-ffl0l Vl2_C MET"POUUN out cowry __ � *WORKS , Dm § A| k ■ § � . §$ K&. �■ 2 ! |§■ k�! �§fktK &I � A| k ■ ,& STANDARD .OA■ a a R 5oR/■ -2LAS 1.2 &m AND GUTTER k @ _wpe- a4H TABLE eCONTENT me 1 i!roev �voraiawwrs zf a 3? m i s � un mm r, MIT A caoc cpuNrr PU$uc woxxs C[PARTM90 Nina i i i i i W g PJ figs t 56 R/W d 2 LANES CURB AND GUTTEit © thomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page 74 . 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