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HomeMy WebLinkAboutExhibitINVITATION TO = ID (" IT T i•s ue ate: s ue Ti T O.: 15-16-017 ayor Tomas P. Regalado Commissioner ifredo " illy" Gort, District 1 Commissioner Kenussell, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City anager, Daniel J. Alfonso Issued By: City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 TABLE OF CONTENTS Notice To Contractors 6 Section 1 - Instructions for Submission 8 1. Intention of City...............................................................................................................8 2. Scope of Work 8 3. Location of Project(s) 9 4. Performance of the Work 9 5. Examination of Contract Documents and Site 9 6. Addendum 9 7. Bid Submission 9 8. Bid Guaranty 10 9. Preparation of Bid 10 10. Pre -Bid Conference 10 11. Postponement of Bid Opening Date 10 12. Acceptance or Rejection of Bids 11 13. Environmental Regulations 11 14. Bid Award 11 15. Bid Protest 11 16. Community Small Business Enterprise ("CSBE") 12 17. Local Workforce Participation 12 18. Intentionally Omitted 15 19. Cone of Silence 15 20. Public Entity Crime 15 21. Fraud and Misrepresentation 15 22. Collusion 15 23. Contractor in Arrears of Default 15 24. Cancellation of Solicitation 16 Section 2 - General Terms and Conditions 17 1. Definitions 17 2. Time is of the Essence 19 3. Contract Term 20 4. Notices 20 5. Priority of Provisions 21 6. Indemnification 21 7. Insurance 22 8. Performance and Payment Bond 24 9. Qualification of Surety 24 10. General Requirements 25 11. Method of Performing the Work 26 12. Work Staging and Phasing__ ................ ..... ........................ . ........ .................. 26 13. Site Investigation and Representation27 14. Contractor to Check Plans, Specifications and Data 27 15. Contractor's Responsibility for Damages and Accidents 27 16. Accidents 28 17. Safety Precautions...................................................................... 28 .................... 18. Occupational Health and Safety 29 19. Labor and Materials29 20. Rules, Regulations, Laws, and Licenses....................... ............... ....... 29 21. Consultant Services30 22. Project Management30 2 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project - D2 - B-40613 23. Superintendence and Supervision 30 24. Authority of the Project Manager........... ........ . .............. ............. ........ ........... 31 25. Inspection of Work 32 26. Taxes 33 27. Separate Contracts 33 28. Lands of Work 33 29. Coordination of Work 33 30. Differing Site Conditions 34 31. Existing Utilities 34 32. Contractor's Responsibility for Utility Properties and Service 34 33. Interfering Structures 35 34. Field Relocation 35 35. Contractor's Use of Project Site(s) 36 36 Warranty of Materials and Equipment 36 37. Material and Equipment Shipment, Handling, Storage and Protection 36 38. Manufacturer's Instructions 38 39. Manufacturer's Warranty 36 40. Reference Standards 38 41. Submittals 40 42. Shop Drawings 40 43. Product Data 41 44. Samples 41 45. Record Set 41 46. Supplemental Drawings and Instructions 42 47. Contractor Furnished Drawings 42 48. Substitutions 42 49. City Furnished Drawings43 50. Interpretation of Drawings and Documents 44 51. Product and Material Testing 44 52. Field Directives 44 53. Changes in the Work or Contract Documents 44 54. Continuing the Work 45 55. Change Orders 45 56. Change Order Procedure 45 57. No Oral Changes 46 58. Value of Change Order Work 46 59. Extra Work Directive 49 60. As -Built Drawings 50 61. Worker's Identification 51 62. Removal of Unsatisfactory Personnel 51 63. Substantial Completion, Punch List, & Final Completion 51 64. Acceptance and Final Payment 52 65. NDPES Requirements 52 66. Force Majeure 53 67. Extension of Time 53 68. Notification of Claim 54 69. Extension of Time not Cumulative.......... ....... ............... ..................... .......... 54 70. No Damages for Delay 54 71. Excusable Delay, Non-Compensable55 72. Lines and Grades 55 73. Defective Work 55 74. Acceptance of Defective or Non -Conforming Work56 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project - D2 - B-40613 75. Uncovering Finished Work 50 76. Correction ofWork 56 77. Maintenance ofTraffic and Public Streets 5/ 78. Location and Damage tmExisting Facilities, Equipment mrUtilities 58 78. Stop Work Order 59 80. Hurricane Preparedness 59 81. Use ofCompleted Portions 59 82. Cleaning Up; City's Right to Clean Up 60 83. Removal mfEquipment 60 84. Smt'offs,Withhn|dingm.and Deductions 01 85. Event ofDefault 61 86. Notice of [Jgfau|t'Oppmrtunitytm Cure 01 87. Termination for Default 62 88. Remedies in the Event ofTermination for Default 82 89. Termination for Convenience 82 80. Resolution of Disputes 83 81. Mediation -Waiver ofJurVTrial 64 92. CityK8ayAvail Itself mfAll Remedies 65 93. Permits, Licenses and Impact Fees 65 94. Compliance with Applicable Laws 65 95. Independent Contractor 08 96. Third Pmrtv Beneficiaries 00 97. Successors and Assigns 80 98. K8atgrio|ityand Waiver ofBreach 60 99. Sengrabi|itV 07 100. Applicable Law and Venue of Litigation 67 101. Amendments 67 102. Entire Agreement 07 103. Nondiscrimination, Equal Emnp|oynnentOpportunitV.and Americans with Disabilities Act 67 104. Evaluation 68 105. Cmnmnmoditiesnmonufacturud.grovvn.orprmducgdintheCitymfK8ionmi.K8ienmi-OadmCounty and the State ofFlorida 08 108. FXo9o|tiosand Patents 08 107. Continuation ofthe Work 08 100. Review ofRecords 08 109. No Interest 09 110. Payments Related tmGuaranteed Obligations 69 111. Consent mfCityRequired for Subletting mrAssignment 69 112. Agreement Limiting Time inWhich tmBring Action Against the City 69 113. Defense of Claims 03 114. CmntinqencyC|ouso 70 115. Mutual Obligations TO 110. Contract Extension 70 117. Non-Exc|usiVity 70 118. Nature ofthe Agreement 70 119. Contract Documents Contains all Terms 71 120. Survival 71 121. Disclosure ofState Fundinq 71 Section 3-Supplemental Terms and Conditions 72 1. Contract Time & Hours 72 2. Progress Payments 72 4 Douglas Park Environmental |TB No.: 15-16-017 3. Liquidated Damages 73 4. Schedule of Values 74 5. Project Schedules 74 6. Release of Liens/Subcontractor's Statement of Satisfaction 74 7. Progress Meetings 75 8. Request for Information 75 9. Project Site Facilities 75 10. Inspection of Work 76 11. Security 76 12. Construction Signage 76 13. Construction Photographs 77 14. City Furnished Property 77 15. Geotechnical Testing - Intentionally Omitted 77 16. Field Layout of the Work and Record Drawings for Drainage Projects 77 17. Survey Work for Drainage Projects 79 Section 4 - Bid Form 80 Section 5 - Attachments 91 Bid Bond Forms 91 Questionnaire 94 Customer Reference Listing 98 Reference Letter 99 OFFICE LOCATION AFFIDAVIT 100 Certificate of Compliance 103 Schedule of Intent Affidavit 104 Local Workforce Submission 105 Section 6 - Contract Execution Forms 106 CORPORATE RESOLUTION 107 FORM OF PERFORMANCE BOND 108 FORM OF PAYMENT BOND 110 CERTIFICATE AS TO CORPORATE PRINCIPAL 112 PERFORMANCE AND PAYMENT GUARANTY FORM 113 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 113 JOINT VENTURE FORM .115 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 � INVITATION TO BID NO.: 15-16-017 NOTICE TO CONTRACTORS Sealed bids will be received by the City of K8ierni. Office of the City Clerk, City HaU, 1s' Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: � � � � Scope of Work: The work will consist of the corrective actions to address contamination at the City of Miami owned and operated [}0Ug|8S Pork; 8 103one Site located 8t2785 SVV57Avenue, K4i8nli' FL 33133. The work is specifically defined in the accompanying plan set by SCS Engineers dated December 2015. In general, the Contractor Gh8|| implement procedures for selective removal and replacement Of structures and other park features and foundations including demolition of the community center building, parking lot, baseball field, playground, outdoor gym. Excavation Ofshallow (generally less than 24^) potentially contaminated soil from specified 8F88S of the park and relocating it OOSite to a specified location where itshall beused tore -grade the area prior t0adding 8gSOSyOthetiCclay liner and clean fill Cap. Excess excavated nn8t8[i8| shall be hauled Off site and disposed of at 8 Class | Landfill. Additional measures shall be implemented for excavation of contaminated soil around trees and pruning roots as directed by certified 8rbOrisL G8Erm b8nto|inerEC Geosynth8tiCClay Liner (GCL)orequivalent material Sh8|| be installed between existing and/or rS|OC81ed potentially contaminated SUi| and clean fill material where specified. Bonded rubber mulch oho|| be installed to 2.5^ inches thick over 12^inches of clean fill Gn]Und specified trees. Parking lot and walkway improvements shall be implemented where applicable. Drainage (Class Vwells) and irrigation shall b8installed. The Contractor ShoU be responsible for innp|enleOhOg dust COOtn]| rn8osunys. If fugitive dust or contaminant concentrations are detected above applicable thresholds at the property boundary or other air monitoring stations, the COntn8(tO[ ShQ|| be required to implement corrective actions prior to resuming work. Perimeter air monitoring shall be conducted by City consultant directly under contract tothe City. Soil stockpiles shall b8covered daily upon conclusion Ofwork day. Contractor shall be responsible for implementing health and safety nle3SuF8s' including perSOOo| air monitoring for workers conducting activities in the ''8xC|U3iOO zOOe"A Generic Health and Safety Plan (HASP) addressing potential contamination issues is provided as part of the bid documents and may be adopted by the Contractor for use, with the inclusion of appropriate site specific information. The Contractor's HASP must be provided at the time Of bid submission. K8inirnurn Requirements: Prospective Bidders must have 8 current certified General Contractor license issued by the State of Florida; and, in addition, must have e minimum of five (5) y8G[S of experience, under its current business O80e in construction Of large SC8|e (i.8. �> 5 8cnas) rennedi8tiOD projects supported by references for five (5) large scale (i.e. » 5 acres) rennediotion projects COnOp|8t8d within the past ten (10) years. Submitted reference projects must denn0nStn8t9 that the Bidder: i) was the Prime Contractor for the reference project; and ii\ self -performed at least thirty percent (30%) of the physical construction work for the reference project. The selected Bidder, hereinafter referred to as Contractor, must self -perform at least thirty p8rcent(3O%) of the physical construction work for the Project. Douglas Park Environmental DBNo.: 15-18-017 PLEASE NOTE: A. Field workers shall be trained in Hazardous Waste Operations and Emergency Response (MAZVVOPEFK)-4Ohours with upto date annual training certificates. Copies mfHAZWCJpER training certificates for Bidder's field workers must be submitted with the bid. Verification of 8-hour refresher course certificates shall be updated and submitted to the City's Project yNmnm0mr immediately upon contract award for field workers on the Project. B. Douglas Pork is adjacent to a residential area and m public school. Contractor shall be required to furnish all disposal manifests for potentially contaminated rngdim, including onsite aol|. Personal Protection Equipment (PPE) and any other wastes generated at the C. The Contractor shall serve as the agent for the City in signing disposal manifests. D. Bidders shall identify the Class | Landfill to be used for contaminated media that cannot be regraded into the site. Capital Improvements and Transportation Program (C|TP) has scheduled o MANDATORY PRE - BID CONFERENCE to be held on the following date, time and location: Location: Miami Riverside Center 444SW2"uAvmnua.0mFloor — South Conference Room Miami, Florida 3313O The Bid documents including plans can only be obtained by visiting the Department Of Capital |rnppov8rnentS PrOgr@nO`S vvebs|te: http:/kwvvw.rOi8nniqo\(COr0/C8Vita||nnpn]v8nnents/pGges/PnOCUrenn9nt{}ppOrtuOiti8s/Uef8U|t.asp. It is the sm|g responsibility of all firms to ensure their receipt of any addendum and it is recommended that firms periodically check the Capital |nnprnvgrnmnts and Transportation Program (C|TP)vvebpaAefor updates and the issuance mfaddenda. All bids shall be submitted in accordance with the Instructions to Bidders. Bids must besubmitted in duplicate originals and on C[} in PDF format 8tthe time, date and place obOv8, vvhorO bids will he publicly opened. Any bids ruoginmd after the time and date specified will not be considered. The responsibility for submitting 8 bid before the stated time and date is solely and strictly the responsibility of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk ofany delay ormistake. YOU ARE HEREBY ADVISED THAT THIS INVITATION TOBID |8SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OFK0|AK8|CITY CODE, asamended. 7 Douglas Park Environmental [TBNo.: 1546'017 Section 1 — Instructions for Submission 1 Intention of City It is the intention OfCity to describe in this Invitation to Bid UT8\the Project(s) to be completed in 8CCO[U8nDe with all codes and regulations governing all the Work to be performed under this P jecKs). Any work, nl8t8ho|s or equipment that may reasonably be inferred from the Contract as being required to produce the intended nesu|t, shall be supplied byContractor whether Drnot Sp8oifiC8||y Ca||od for. Where vvOnds have 8 vV8||-knOvvO technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, [nanu3|S' or COd8S Ofany technical society, organization or association, or to the |avvS or regulations Ofany governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code Or |avvS or [eQU|8dOOS in effect at the time of opening Of bids and Contractor Sh8|| comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The work will consist of the corrective actions to address contamination at the City of Miami owned and operated OOUg|aS Park; 8 10 aCn8 Site located at 2795 SW 57 Aw8nU8' K4i8nni' FL 33133. The work iSspecifically defined inthe accompanying plan set bySC8 Engineers dated December 2015. In general, the Contractor shall irnp|8nOeOt procedures for selective r8[nov8| and replacement of structures and other park features and foundations including demolition of the community center building, parking |Ot, baseball field, playground, 0UtdOOrgynn. Excavation of shallow (generally less than 24") potentially contaminated soil from specified areas of the park and relocating it onsite to a specified location where it shall be used to re -grade the area prior to adding a geosyn1heUc C|8y liner and C|oon fill nap. Excess excavated nl8t8ri8| 3h8U be hauled off site and disposed of at aClass | Landfill. /\UdidVna| nn88SUnBS 3h8U be implemented for excavation of contaminated SOi| around trees and pruning nOOtS as directed by o certified orbOrint. GGErm bonto|iOer EC Ge0SyOthmtio Clay Liner (GCL) Or equivalent material Sh8U be installed between existing @Dd/O[ relocated potentially COOtanOiD8t8d soil and clean fill material where specified. Bonded rubber mulch Sh8|| be installed to 2.5" inches thick over 12" inches of clean fill Gn]Und specified trees. Parking lot and vv8|kwoy inlpn}v8rn8DtS shall be implemented where applicable. Drainage (Class Vvve||O) and irrigation shall beinstalled. The Contractor shall be responsible for implementing dust COntn]| nle8Sur8S. If fugitive dust Or contaminant concentrations are detected above applicable thresholds at the property boundary O[other air monitoring 3t8UOOS, the Contractor shall be required to implement corrective actions prior to resuming work. Perimeter air monitoring Sh8|| US conducted by City consultant directly under contract to the City. Soil stockpiles shall be covered daily upon COOC|usioO of work day. Contractor shall be responsible for implementing health and safety measures, including personal air monitoring for workers conducting activities in the "exclusion zOO8"A Generic Health and Safety Plan (HASP) addressing potential contamination issues is provided as part Of the bid documents and may be adopted by the Contractor for use, with the inclusion of appropriate site specific information. The Contractor's HASP must be provided at the time of bid submission. 8 Douglas Park Environmental DlBNo.: 1546'017 3 Location of the Project 27S5SW37Ave; YNionni, FL33133;folio O1-4116-OOO'O22O| Commission District 4. Performance of the Work COOtr@CtO[ must self -perform at least thirty percent (30%) of the physical construction Work. By submitting a Bid, the Bidder certifies that it will utilize its own employees to meet this requirement. AS part Ofthe Bid. the Bidder must include the form titled ''C)Ue3tiOnnaina'^ Failure tOcomplete and submit this form, or to meet this F8quirernent, shall result in the Bid being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. 5. Examination ofContract Documents and Site It is the responsibility of each Bidder, before submitting 8 n8SpOnSe to this |Ovit8hOO to Bid /|TB\' * Carefully review the |TB. including any Addenda and notify the City of all oOnOiot3, errors or discrepancies. w Visit the site(s) Or structure(s) to become familiar with conditions that may @ff8C\ COStS, progress, performance or furnishing of the Work. ° Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) |@vvD, regU|oUOnS, ordinances that may affect 8 Bidder's ability to perform the Work. * Study and C8n2fuUy correlate Contractor's observations with the requirements of the |TB. ° Sign and FetU[O all required |TBfOrnnS and/or Addenda, as applicable. The submission of 8 Bid in response to this solicitation Sh8U constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the r9SpOOSe is premised upon performing and furnishing Work required under the Contract DOCUnnentS and that the Contract OOCUrn8ntS are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. (]na| and Other interpretations Or clarifications will be without legal binding effect and should not be relied upon in preparation of Bid response. All questions about the meaning or intent of the Contract O0CUmeOtS are to be directed to the City's Procurement Department /Pn]Cunarnent\ in writing, to the attention Of Anthony Rolle 8t8n]||e(�Dn0i8nniOov.corn. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on the C|TPvvebpoQo. Written questions must be received by Friday. February 18' 2016ad5:00 PM. There shall be no response toquestions received after Friday. February 19' 2016 8t5:0O PM. 7. Bid Submission All Bids must be received by the City OfMiami, City Clerk's office located at City Ho||, First F|0Or' 3500 Pan American Drive, Miomi, FL 33153, before the time and date specified for bid Opening' enclosed in 8 S88|6d envelope, legibly marked onthe outside: BID NO.: 15-16~017 PROJECT NAME: �� ��1 ������� g Douglas Park Environmental Bidders must submit two original Bid Packages and one electronic Bid Package onmCID in P[}F6Jrmzd. Failure to submit two OhgiO8|S may result in the Bid being deemed non -responsive. 8. Bid Guaranty All Bids shall be 8onornp8OiGd byeither an original Bid bond executed by Surety meeting the requirements of the City. Or by cash, nnnn8y Order' Certified check, cashier's check, Unconditional/irrevocable Letter ofCredit, Bid Bond Voucher (for projects |9SS than $200'000) issued to City of Miami by certified check, treasurer's check or bank draft of any national or state bank (United States), in the amount of5% of the total Bid anlOUnt, payable to Citv. Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) C8|Snd8[ days after notification of award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and CertiDC8te(s)Of Insurance may be extended by C|TP at its SO|e and absolute discretion. Bid Securities of the unSUCC83Sfu| Bidders will bereturned after award OfContract. APERSONAL CHECK ORACOMPANY CHECK OFA B|O[}EF< SHALL NOT BE DEEMED AVAL|[) BID SECURITY. Security ofthe successful Bidder Sh8U be forfeited to the City as liquidated denl808s. not as a peD8|ty, for the cost and expense incurred should said Bidder fail to execute the COO1n8Ct, and provide the required Performance 9. Preparation of Bid All Bids must be made upon the blank City forms provided herein and herewith. The Bid must be signed and ockD0vv|8dg8d by the Bidder in accordance with the directions On the |TB. Failure to utilize the City'S forms, or fully complete said forms will R3SU|t in 8 determination that the response iSn0n'[8SpOnSive. The Bidder will be considered non -responsive if Bid is conditioned on modifications, ohaOgeS. Or revisions tothe terms and conditions ofthe \TB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, ton|s, services, permit fees, applicable t@xeS, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract DOCUnnoOtS. Joint venture firms must complete and submit with their Bid the form titled "|OfO[nl8tiOn for Determining Joint Venture Eligibility" (FO[nl A). and submit B copy Of the formal oOnaenl8Ot between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities and |ema|S Of participation for the Project. Failure to submit Form A' along with an attached written copy 0fthe joint venture agreement may result indisqualification ofthe Bid. All joint venture D[nlS nnUSt meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A At4*AT0MY P �~ 11� ������F� E����� will be held on �������� �� � � Floor South Conference ��o����, 444 2� Avenue, FIL 33130.to discuss this Solicitation. Since space is limited, it is recommended that one representative of each firm attend in order to bocOnn6 familiar with the Solicitation. Attendees are requested to bring this Solicitation Package tothe conference. 11. Postponement ofBid Openinq Date The City reserves the right to postpone the date for receipt and opening of submissions and will make areasonable effort to give at least five (5) calendar days' notice of any such postponement to prospective Bidders. 10 Douglas Park Environmental The City shall make reasonable efforts toissue addenda within five (5)calendar days prior k) the due date. 12. Acceptance orRejection of Bids The City reserves the right tO rejectany Orall Bids prior tOaward, tnre-advertise for Bids, and tO not award any Contract, iOthe reasonable discretion Ofthe City. The City reserves the right to waive any minor technicality, iOfornl8|itv. V8ri8OCe' deviation, omission or the like Up to Or prior to award of the bid. R88SOn8b|e efforts will be nl8d9 to either award the Contract or rejectGU Bids within ninetv/90\ calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change theCOOtr8CtPhDBbefOnetheexpir8hOOOfo0ehUndnadtwxeDtv/12O\o@|8Dd8rdoySfn]nnth8d8te of bid Opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to CITP prior to 8vv8rd of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider 8 Bidder's history of citations and/or viO|8tiOOS Of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to deo|ona 8 Bidder not responsible if the history of violations vv8[[8nt such determination in the opinion Of the City. Bidder shall submit with its Bid. 8 complete history Of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are OO citations or violations. Bidders shall O0Ufv the City immediately Of OOhC8 Of any citation or violation which Bidder may receive after the Submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the ovverd of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration ofcompetency and, at its SO|e and 8bSO|Ute disoretion, may conduct site visits, require the Bidder to furnish dOourn9Ot8tiOn and/or require the Bidder to attend 8 m88hOg to determine the Bidder's qualifications and ability to meet the te[nn3 and Conditions of this Contract. The City shall consider, but not be limited to, such factors 8Sfinancial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of VVO[k being p8rfO[nl8d' and past p8rfOrnn8nC8 on City projects by the Bidder. The Bidder must be able to demonstrate o good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion may determine @ Bidder to be non -responsible vvh8Fe the Bidder has failed toperform inaccordance with other contracts with the City. Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as 8 debtor, or in 8 reorganization, liquidation, or dissolution prooeeding. Or if 8 trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law O[any state insolvency, may be declared non -responsive. Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or won ocourt judgment against the Bidder may bmdeclared nVO-r8Sp0nsiVo. 15' Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with this solicitation or any responsive and responsible bidder, vvhoS8 bid is lower than that Ufthe recommended bidder' may protest the issuance of the |TB or an award of contract. Eligible protests must be D Douglas Park Environmental [TBNo.: 15'18-017 RumodiationProject —D2—B'4UG13 submitted in writing to the Director of Purchasing/Chief P[OCu[8nl8Ot Officer who Sh8U have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve 8 protest with final approval by the City Commission. Bidders are alerted tOSection 1O'104Vfthe Citv'3 Code describing the protest procedures. Pp0t8StS failing to meet the requirements for filing shall NOT be accepted. Failure of party to timely file shall COOSUfutB 3 forfeiture of such p8rty'S right (ofile a protest NO EXCEPTIONS. 16. CK}D0rOunitV Small Business Enterprise ("CSBE") Participation The Contractor must COrnp|y with the fO||Ovving C8BE participation nsquir8nl8n\S. All instructions, required fO[0S and other information necessary for complying with the CSBE participation requirements are available onthe C|TPvvebp8ge. e\ The Contractor must assign @ minimum of fifteen percent M5%\ of the Contract value to 8 respondent Or to o COnSt[u(tiOO n8|3t8d enterprise currently certified by Miami - Dade County 8S8Community Small Business Enterprise (CSBE)asset forth in Sec. 10'53.01 and Sec. 1O-33.O20fthe Miami -Dade County Code; b\ Five percent (5%) Of the bid amount Sh8|| be retained by the City for the C8BE requirements until said requirements are fulfilled and verified within six (0) months of Contract completion pursuant to 8oCtiOO 18-89 Of the City Code. Failure to COrnp|y with the C8BE requirements within Six (0) months Of Contract completion Sh8|| result in the forfeiture of the retained amount to the City. This five percent (5%) [eteinoge is included within the ten perCent(1O%) [8t8iO8g8 normally withheld by the City; o\ The Contractor Sh8U retain the services of an independent third party to verify and certify oOnnp|iBDCe with these requirements on o quarterly basis in 8CCOrd8nC8 with Section 18'80 of the City Code. Said third party shall be unaffiliated with the n8SpOOdmOt and be properly licensed under the provisions of 88Cd0n 454, 471' 473' or 481 Of the Florida Statutes. The person performing the verification Sh8|| have 8 nnininnUrn Of two (2) years Of prior professional experience in COnt[8Ct3 Connp|i8OC8' auditing, personnel 8d0iOiStr8Uon, or field experience in p8yrO||' enforcement, or investigative environment. The CDSt for this verification Sho|| be included in the [8|8t8d contract costs. The following link is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. http://www. m iam i dade. qov/bu s i ness/re ports-certif ication- |ista.msp 17' Local Workforce Participation 1. Contractor must employ the following nniOinOUnn percentage requirements for on -site |8bO[ from persons residing within Miami -Dade County (an individual whose primary place Of residence in within Miami -Dade County), for the duration of the project: 1. Construction contracts with aconstruction cost ofuptO workforce participation requirement. 25O.0OO.O0shall have nOlocal 2. Construction contracts with a construction cost ofS25O,OOODO Or nnOre. but less than $500.000.00 Sh8|| have 8 nnininnUrn |oC8| workforce participation requirement Of ten ll Douglas Park Environmental [TBNo.:15'16-U17 Construction contracts with 8 construction cost Of$500'OU0-0OOrmore, but less than $750'000.00 shall have a minimum |oC8| workforce participation requirement of fifteen 4. Construction contracts with 8 cnOStnJCtiOn cost 0f$75O.00O.0U or nlOr8. but less than $4.000.000.00 3h8U have 8 nliDi[nUnn |OCe| workforce participation requirement of twenty 5. Construction contracts with 8 construction cost of$4'OOO'0O0.00 or more shall have a n0inirnurn |oC8| vvOrhforo8 participation nSquiFS[n8nt of forty percent (40%). All local workforce participation percentage requirements listed above shall be applied on the construction p jmot'SOO-3ite|8b0rfO[C8.TheCouDtyreSidennyOfth8oOSite|8bOr component shall bGsubject toverification bythe issuing department. ||. Five percent (5%) of the bid amount Sh8U be retained by the City for the |OCo| requirements until said [8qUirHrneOtS are fulfilled and verified by the City K48nogSr, or authorized designee as being fulfilled within three nlOOthS 0fcontract completion. Failure to satisfactorily meet the r8qui[8nl8DtS shall F8SU|t in the forfeiture of the retained amount to the Citv, this five percent (5%) ret8in8ge is included within the ten percent (10%) [8tain8ge normally withheld by the City and will comply with percentages specified inF.S.G218.735. |||. The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce Or 8 similar state chartered [8giOn8| vvnrkfOro8 development board 8CCept8b|8 to the City Manager. 1. For contracts with 8 bid amount between S1.000'000.00 and $2'000'000.00' the Contractor shall be required to hold one job fair within the local community. 2. For contracts with 8 bid amount greater than $2.000'000-00' the Contractor shall be nSqUinBd to hold two job fairs within the |On8| COrnnnuO|tv. |V. Bid and pP3pOS@| documents to which 8 local workforce participation requirement goal has been applied shall require the Contractor to develop and submit to the City, within 30 days of notification of award of the construction COntnaCt, a workforce plan (plan) outlining hOvv the goal will be met, and containing the following iOfOrrnoUOn and e|8rne0tS required by this section. The contractor shall provide to the City, proof Of adherence to the Citv's LOC8| Workforce Participation Requirements within the past /3\ years, and the contractors past compliance with these requirements. The Contractor's response must include: 1. Contract number, name, and abrief description Ofwork; 2. Total dollar value of the contract; 3. Oot8S covering the term of the contract; 4. Percentage of Local Work Participation Requirements met by your company; Bpe8hdOvvn of local workforce used to meet requirements (number of persons bP3k8D down by trade and category); 13 Douglas Park Environmental [TBNo.:i548-)17 0. If your COnlp8Oy was Vn8bka to meet the |oo8| workforce participation requirements, explain the reason why, and what efforts, if any, were utilized by your company to attempt to meet these requirements; 7. Ifthe project vv8S0ve[onenniUiOndOU@rS/$1'UOO'UO0\didyOU[COnlp8Dyho|d8jObf8i[,if yes, provide the date and location of the job fair(s), number of attendees; 8. Was 8 third party hired to verify and certify compliance with the |no8| work force requirements, if y83. were all requirements rn8t' what was the third p8rh/S n8nn8 and provide their current contact information; S. Was the five percent (596) [etain8g8 fee released to your firm by the City upon project completion; and 10. If your company did not meet the goal, did you seek a waiver of the program requirements from any City official, and provide a detailed explanation? The p|8O ShoU identify by nonne. 8ddnasS' and trade category Ofall persons pn]DOSed to per -form work under the contract currently on the contractor's payroll, or positions to be hired by the COOtnactor, who reside within PWi80i-[}8d8 County. An updated plan shall be submitted to the Citv's project manager on a monthly basis, and in the event that during the contract period 8 new hire Or8 pSnSOn identified in the plan as meeting the local workforce participation requirement gO8| is replaced, the City may require the contractor to immediately identify the replacement. V. The Contractor shall have a third party independently verify and certify compliance with these requirements On G quarterly basis. Said third party Sh8U be unaffiliated with the respondent, and be properly licensed under the provisions Of F.S. oh. 454' 471. 473' or 481. The person performing the verification shall have a minimum of two years of prior professional experience in contracts COnnp|ianCe. auditing, personnel 8dnniniStn3tiOO. Or field experience in pGyrO||' enforcement, Or investigative environment. The cost for this verification and certification Sh8U be included in the related contract costs. These local workforce participation requirements shall apply to any competitively procured contract under this section unless: 1. The City Manager or designee deems the requirements unfeasible prior to issuance of the competitive solicitation document; Z It is disoUOvvSd by federal or state |8vv or grant requirements; 1 Funding sources require alternate, contradictory Or Sp8CifiC8||y exclude or diso||Ovv |UC8| workforce participation requirements; 4. These requirements are waived by the City Commission by resolution, prior to issuance Of the competitive solicitation dOCUnnant. Upon written reC0nnrnend8tiOO of the City Manager orCity Manager's designee. BiddersShOU|dreferenCeSeCUon18-O9UlOftheCib/OfMi8nOiCOd8fOrfurthSrd8hfiCGtiOO.ThiS |8Dgu8g8 is only 8 oUnnrnory of the key provisions of the Local vv0rhfOrCe participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord. No. 12654, 14 Douglas Park Environmental [TBNo.: 15-16-017 §2. 2-10'05; Ord. No. 12780' §2' 3-9-05; Ord. No. 13275. § 2' 7-14-11; Ord. NO. 13331' 82. 7- 26'12; {}nj. NO. 13352. § 2. 7-26-12; [}rd. No. 15493. § 2, 1-22-15for a complete and 8lOr0Ugh description of the LOC8| vvO[kfOPC8 participation naqUin8rnentS. You may contact the City Clerk at 3O5-25O-53OO.tVobtain @ copy ofthe same. 18. Intentionally Omitted 19' Cone of Silence Pursuant tOSection 18'74ofthe City Code, 8codification OfMiami Ordinance No. 12271'3"Cone Of 5i|enoe~ is imposed upon this \TB after advertisement and terminates 8ithe time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal ConnnnuniCodOnS regarding this |TB. Any communication concerning this ITB must be submitted in writing, to Procurement and Bidders rnUSt file 8 copy of such written communications with the Office of the City Clerk. Written CU0[nUninatiOOS may be in the form Of e-mail, with a copy to the Office Of the City Clerk at rCaGtiUO�DrniarniOov.00rn. This |8DgU8ge is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 Of the City Code for G oVrnp|eto and thorough description of the Cone of Silence. You may also contact the City Clerk at(3O5)-250'530O'tOobtain 8copy. 20' Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair ofa public building Or public works project, may not 3UUrnit 8 r8SpnOSe On 8 |eGO8 of real property to 8 public entity, may not be awarded or perform work as o COD1n]CtOr. supplier, subcontractor, or Consultant under @ contract with any public entity, and may not trGOSGCt business with any public entity inexcess Ofthe threshold amount provided inSection 287.O17Of Florida Statutes for Category Two for 8 period of 30 (thirty -Six) months from the date Of being placed OOthe convicted Bidder/Bidder list. 21. Fraud and Misrepresentation Any individual, corporation O[other entity that attempts to nl88t its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material f8C(. may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as 8 further sanction may terminate or CGnoo| any other contracts with such indiYidU8|, corporation or entity. Such individual Or entity Sh8U be responsible for all direct Or indirect costs associated with termination Orcancellation. 22' Collusion Where two (2) or more related parties, as defined herein, each submit a response to an ITB such submissions 3h8U be presumed to be collusive. The foregoing pna3Urnptio0 may be rebutted by the presentation of evidence as to the extent ofownership, control and management Ofsuch related parties in preparation and submission under such |TB. Related parties shall nnoon employees, officers or the principals thereof which have 8 direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder for the S8mH p jGCt(S). |TB responses found to be collusive shall berejected. 23. Contractor in Arrears or Default 15 Douglas Park Environmental D7BNo.: 15-16-017 The Bidder represents and vv8[raD\3 that the Bidder is not in 8rna8rS to the (]tv and is not e defaulter as o surety Or otherwise Upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state 0[local government entity inthe State 0fFlorida, the Federal Government or any Other 8t8t8/|OCo| governmental entity in the United States Of Arn8[iCa' nor is there any proceeding pending pertaining to the Bidder's responsibility or qU@|iDC8tioD to receive public agreements. The Bidder considers this warrant as stated in this Article to be 8 COOUDU8| obligation and shall inform the City ofany change during the term 0fthe Contract. The City shall not consider and deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears or otherwise in debt or in default to the City 8tthe time and date Bids are due. 24' Cancellation of Solicitation The City reserves the right to C@noo|, in vvh0|9 Orin part, any solicitation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be OO recourse from such cancellation. ' 16 Douglas Park Environmental [TB No.: 1546'017 RammdiationProject —U2—B-4OG13 Section 2 — General Terms and Conditions 1. Definitions Basis of QgSi0n rn8Gns @ specific manufacturer's product that is O8nO8d; including the nnohe or model number orother designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes Ofevaluating comparable products Ofother manufacturers. Bid nne@OS the response submitted by bidder to this SO|init8tiOD, which inC|Ud88 the price. authorized SigO8tUn9 and all other information or documentation required at by the Contract Documents 8tthe time ofsubmittal. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation tendering 8 Submittal, acting directly orthrough 8 duly authorized representative. Change Order means a written document ordering o change in the Contract Price or Contract Time or 8 nn8t8ri8| change in the Work, A change Order must COnnp|y with the Contract [)Onunl8OtS. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City'S performance is pursuant to the City's capacity as (]m/Oer. In the event the City exercises its regulatory authority eS 8 gOv8[Onl8DtG| bOdy, the exercise of such regulatory authority and the enforcement of any rules, regulations, COdeS' |@vvS and Ordin8OC83 Oho|| be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as o party to this Contract. For the purposes Of this Contract, ''Cih/' without modification shall mean the City Manager OrDirector, oSapplicable. City Commission means the legislative body Ofthe City ofMiami. City K8aO@Qgr means the duly appointed chief administrative officer of the City Of Miami. Community Small Business Enterprisg/"CSF3E"\ means construction related enterprise, including 8 design -build firm, and any firm providing trades and/or services for the completion Of aconstruction project, 8Sd8finediOS8CtiOn1O-33.O2OftheCOdeofK8i8nli-O8deCOu0ty.CSBE is additionally referenced in Section 18'89 of the City Code and in these Contract Documents. Consultant means 8 firm that has entered into 8 separate agreement with the City for the provision Of design/engineering services for a Project; and if applicable, means the Architect or Engineer OfRecord contracted bythe City tOprepare the plans and specifications for the Projects. Consultant may also be referred to asArchitect Or Engineer ofRecord. Contract means the Invitation to Bid (|TB)SO|ioitotion and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance ofany Work and for the payment of all |eQo| debts pertaining tVany Work issued under this contract through the award of8n|TB. Contract Documents means the Contract as may be amended from time to time, the plans and drevving, all addendurn, c|arifinotions, directives, change orders' payments and other such documents issued under orrelating \Othe P j8ot(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule 0e@OS @ critical path schedule or Other construction schedule, as defined and required bythe Contract Documents. 17 Douglas Park Environmental [78No.: 15-16-017 Consultant means the Architect or Engineer 0fRecord contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to 8SArchitect Or Engineer OfRecord. Cure means the action taken by the Contractor promptly after receipt of written notice from the City 0f8 breach of the Contract Documents which shall be performed at no cost to the City, to repair, n8p|aoe. correct, or [80Sdy all Dlateri8|, equip08nt, or other B|emSDtS of the Work Or the Contract OOCunleOtS affected by such breach, or to otherwise make good and 8|inliO8t8 Such breach, including, without |irnit8tion, napairinQ, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the VVO[k Or compliance with the Contract Documents after receipt of written notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents rnSons the construction plans and specifications included as part of Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the O8p8rtnn8Ot of Capital |nOproVenl8DtS and Transportation Program Ordesignee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without |inlit8tiOn, all notes, schedules and legends Onsuch Drawings. Field Directive means 8 written appn3V8| for the Contractor to proceed with Work requested by the City O[the COn3U|tant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date Of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the architect or engineer of record or the City and submitted all documentation required bythe Contract Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents asthe maximum COSt to the City of performing the specified Work On the basis of the COSt Of labor and materials plus overhead expenses and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by COntnso(o[ and of the VVO[k performed by Contractor. Local Workforce PorticipotimnFlgquiremngnteshaUmeantherequirementssetforthinG18-8S of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code Section) the Respondent Contractor will employ on -site labor from persons who reside within the City ofMiami nOUniCip8| boundaries (e.g. city limits). Materials nn88n goods orequipment incorporated in 8 P j8d(s)' Or used or consumed in the performance ofthe Work. Notice of Award means the written letter to the Contractor notifying the Contractor that they have been awarded the Contract. Notice To Proceed nn88nS a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work onthe Pr jeCt(S). Plans and/or Drawings means the official graphic representations of a Project(s). 18 Douglas Park Environmental [TBNo.: 15-18'017 Project Or Work as used herein refers to all [e8SOn8b|y necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all Other |8bU[, nl81eri8|s. equipment and S8rViCeS provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole o[8part 0fthe Pj8Ct(S). Project Manager means the individual assigned by CIP to manage the Pject(S). Request For Information (RLF|) means o request from the Contractor seeking an interpretation or clarification re|oUVB to the Contract Documents. The RF|' which shall be clearly marked RF|. Sh8|| clearly and concisely set forth the issue(s) or it8[n(S) requiring clarification or interpretation and why the response in needed. The F{F| must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator nn8@nS the City'S Risk K4@nag8n08nt Administrator, Or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor nne@O3 8 person, firm Or corporation having 8 direct contract with Contractor including One who furnishes rnotB[i8| worked to o special design according to the Contract [}OCUrnentS, but does not include one who merely furnishes W18t8ri8|s not SO worked. Submittal nneaOS documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion nl8@OS that point at which the Work is at o level of COnlp|HtioO in substantial compliance with the Agreement such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Cornp|i8DC8 shall not b8deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use oroccupancy shall not bethe sole determining factor in determining whether Substantial Completion has been achieved, unless G temporary certificate Ofoccupancy has been issued. Work rn8onS the completed construction F8qUinad by the Contract OUounOents, including all labor noC8SS3ry to produce such construction and all nn@terio|S' SUpp|i8S' and equipment incorporated ortObeincorporated iOsuch construction. 2. Time isofthe Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to Cause the Work tO be COnnp|etSd on 8 hnne|y basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the oriUC8| path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract DOCUnnontS' including those for the oo0nOeOCement, pn3S8CutiOn. interim 0i|83ton8S. milestones, and completion of the Work, and for the delivery and installation Of nl318ri8|s and equipOn8nt, were included beC8U3o of their importance tOthe City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71' Excusable O8|8ys. the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the OCnurroOC8 Of events Of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full c0rOp|edOn 0fthe Work within the Contract Documents Time, and Sh8U not entitle 19 Douglas Park Environmental |TBNo.:15-1G-017 the Contractor to an GdiUS1nleOt. All parties under the COOtr0| orcontract with the Contractor shall include but are not limited t0material persons and laborers. The COOt[8CtOr 8CknOvv|SdgeS that the City is purchasing the right to have the Contractor continuously working 8tthe P ject(s) site(s) for the full duration of the ProjectiOenSUrethetinle|y completion Ofthe Work. Contract Term The Contract Sh8|| COnlnl8nCS upon iSSU8nCe of the Notice of Proceed, which Sh8U be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion Or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed M8xirnUnn Cost ("GMC^) of the Project which nle8nS the nnaxin0Unn COSt Of the work including labor, nl8te[i8|S' equipment, Overhead expenses and profit. The City will not be |i8b|S for payment of any amount in excess of the GIVIC (unless, the City Commission has approved aproject oondngenCyorhosapprov6d8prior8nnendnn8nttoth8COOtr@C1.settingfOrth on additional 8nlOuOt due to Owner requested changes Or its equivalent. If the term Guaranteed K4oxirnunl Price ("GMF) is used in this Agreement, it shall have the same definition as GIVIC. defined above. 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such nlUSt be addressed to the party for whom it is intended at the place last specified; and the place for giving Of notice Sh8U n8nn8in such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice Sh8|| be deemed given on the date received or within 3 days of moi|ing, if nl3i|8d through the United 8t@t8S Postal Service. Notice shall be deemed given on the date sent via e'rnoi| or facsimile. Notice shall be deemed given via courier/delivery S8rViC9 upon the initial delivery d818 by the courier/delivery service. For the present, the parties designate the following as the respective places for giving Of notice: For City Of Miami: Jeovmnny Rodriguez, P.E, Director Capital \nnpnovmnnenta and Transportation Program City of Miami 444 S.W..W. 2»u Avenue, - 8 m Floor &4i8rni. Florida 33130 Annie Perez, CPP0 Director Procurement City Of Miami 444 S.W. 2nd Avenue, - 011 Floor Miami, Florida 33130 HmctmrBmdio. Assistant Director Capital Improvements and Transportation Program City OfMiami 444S.VV.2»uAvenue, -0mFloor Miami, Florida 33130 For Contractor: 20 Douglas Park Environmental D7BNo.:15-16-01T KSabinoCuevas, Chief Executive Officer Cherokee Enterprises, Inc. 14474Commerce Way Miami Lakes, F|orido33O1O During the Work, the Contractor shall maintain continuing oonnnluDiC8dOns with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the PjeotK48n8ger. The Contractor SheU notify the Miami PO|iCS Department and Fln8 Department about the construction 3Ch8dU|8(3). The Contractor is required to obtain 8 oun8Ot list of contract p8rSODS and phone numbers from the City of Miami's Project Manager prior to Construction. The Contractor nluS1 notify residents living within 500 feet of the project in writing as least one week inadvance prior tocommencing work inthe general area. 5 Priority PfProvisions All vvo[h Sh8|| be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications. The City OfMiami's Standards for design and construction o3well as the [WionOi Dade COuOty'S Standards OSt8i|S, and the 2007 Edition of the Florida Department ofTransportation Specifications Road and Bridge Construction. If there is o COOf|iCt or inconsistency between any te[m, statement requirement, Or provision Of any exhibit attached hereto, any dOCU08nt or events reha[[8d to herein, Or any document incorporated into the Contract Documents by reference and 8 term, statement, r8qUi[S08Ot' the specifications and plans prepared by the {:on3U|t8nt, or provision of the Contract DOCunlBOtS the following order ofprecedence shall apply: In the event Ofconflicts in the Contract OoourneOtS the priorities Stated below shall govern: * Revisions \Othe Contract shall govern over the Contract; * The Contract Documents shall govern over the Contract; and * Addendum toan |TBshall govern over the |TB. In the event ofconflicts within the COOt[8Ct DOCUrnentS the priorities stated below shall govern: * Scope OfWork and Specifications shall govern over plans and drawings; * Schedules, when identified as such shall govern over all other portions of the plans; * Specific notes shall govern over all other notes, and all other portions Ofthe plans, unless specifically stated otherwise; w Larger scale drawings shall govern over smaller scale drawings; * Figured or numerical dimensions shall govern over dimensions Obtained by scaling; and * VVhGP3 p[OviSi0OS of codes, nn8nUf8ctuna['S specifications Or industry standards are in CoOOiCt, the more restrictive or higher quality shall govern. 6. Indemnification Contractor shall indemnify and hold harmless City' its offiCerS, agents, directors, and S0p|Oye8S' from liabilities, MarnaQeS. losses, judgments, and Costs' including, but not limited to r88SOn8b|e 8ttorney's fees, to the extent caused by the negligence, reck|BS3nSSS . negligent act 0romission, orintentional wrongful misconduct ofContractor and po[SOnS employed or utilized by Contractor in the performance Of this Contract. Contractor 3h8U, fUrther, hold the Cih/, its officials and ennp|Oyees, harmless for, and defend the City. its officials and/or employees 8g8iOSt. any civil actions, Statutory or similar o|oirnS' injuries or d8rnogGS arising or r8Su|dnQ from the permitted vvOrk, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the cancellation and the term of this Contract. In the event that any 21 Douglas Park Environmental [TBNo.: 15-16'017 action Or proceeding is brought against City by reoSOO 0fany such C|8irn or demand, COOtr8CtO[ Sh8U, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The CODtr8CtO[ expressly understands and agrees that any insurance protection required by this Contract 0rotherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities 8sherein provided. The indemnification provided 8bOVS Sh8|| obligate Contractor to defend, at its OvvO expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the C8nC8||8tiOn or expiration of the Contract. This indemnity will be interpreted under the |8vvS of the State of Florida, including without limitation and iO1e[p[8t8tiOD, which conforms to the limitations Of§725.00 8Od/0r§725.00. Florida Statutes as applicable. Contractor Sh8|| require all Sub -Contractor agreements to include 8 provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not beheld liable Orresponsible for any C|ainnS which may n8SU|t from any actions Or onnisaiODS Of the Contractor in which the City participated either through review Or COnou[[SnC8 of the Contractor's @CUOnS. In reviewing. approving orrejecting ony3ubnoiS3i0nSby\heCOntr8Ct0rorOther8Ctsofth8COOtn3CtOr.th8City in no way assumes Or Sh8n8S any responsibility or liability Ofthe Contractor OrSub-COOt[8Ct0[, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting Of this Indemnification, the receipt and sufficiency of which is acknowledged bythe Contractor. 7. Insurance Without limiting any Of the other obligations Or liabilities Of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration 83 is otherwise specified hS[eiO8ftSh, the insurance coverage's set forth herein. 7.1. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" Of the State Of Florida and all applicable federal laws. In additiOD, the po|ioy(i9S) must include: • Waiver ofsubrogation " Statutory State ofFlorida • Limits of Liability 7.2. Employers' Liability with a limit ofOne Million C>mUarm ($1'000,000.00) Dollars each bodily injury maused by an accident, each accident. One Million Dollars /$1,000'000.00\ DOU8rS each bodily injury caused by disease, each employee. One Million Dollars ($1.00O.00O.00)Dollars each bodily injury omusedbydisease. policy limit. 7.9 Commercial General Liability & Non Contributory) /CG 201011/850 (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined SiOg|o limit for Bodily Injury Liability and Property OennaQe Liability, with 8general aggregate limit OfTwo Million Dollars ($C2.O0O.0UO.00). Coverage must be afforded on a primary and non-contributory basis and with a coverage form no 22 Douglas Park Environmental [TBNo.: 15-16-017 more restrictive than the latest edition of the Comprehensive Gm08n3| Liability pO|iCy, without restrictive endorsements, as filed by the Insurance Services {]ffiCS, and must include: • PnOUuCiS and/or Completed Operations for contracts with an Aggregate Limit ofOne Million Dollars ($1'OOO'OOO.OD)per project. Contractor shall maintain in force until at least three years after completion of all VVOrh required under the Contract, coverage for Products and Completed Operations, including Broad FO[nl Property Damage. • Personal and Advertising Injury with an aggregate limit of One K0||||on Do||ars($1.00O.00D.DO). " CGL Required Endorsements oContingent Liability/Independent Contractors Coverage o Contractual Liability o Pn8nniSeS and/or Operations Liability oExp|OSiOn' Collapse and Underground Hazard oPrimary Insurance Clause City is to be expressly included as an Additional Insured pursuant to endorsement number CG2O1011/O5orits equivalence. 7/4 Business Automobile Liability with noinirnunn limits of One Million Dollars i$1,OOO.0OO.00\per occurrence combined single limit for Bodily Injury Li8bi|ity8nd Property O8nn8gS Liability. Coverage nlUSt be afforded OO a form DO more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services DffiC8, and must include any Auto, including C}vvned. Hired, Borrowed or Non -Owned Autos, and Scheduled. 7.5 Umbrella Policy (Excess Following FornlTruaExcess Following FornlTrueUmbrella) � Bodily injury and property damage liability with limits of Three Million [Jm||ars ($3.000.000.00) per occurrence, Three Million Dollars ($3. 000.000.00)Aogregote. Excess follow form over all applicable liability policies contained herein. City shall be listed as an oddiUOO8| insured. 7.6. Installation Floater Causes OfLoss: All Risk Valuation: Replacement Cost 7.7. Owners & Contractor's Protective 7. Each Occurrence General Aggregate $1.000'000.00 $1'000.000.00 City shall bmlisted aoanadditional insured. ProfessionahPollution Liability Each Occurrence Policy Aggregate RetrO Date Coverage Included $2'000.000.00 23 Douglas Park Environmental [TB No�: 15-16-017 City shall belisted aS8nadditional insured. The above policies Dh8U provide the City of K4i8nli with written DOti0a of cancellation Or nnatoh8| change from the insurer not less than (30) days prior tOany such cancellation O[material change. If the initial insurance expires prior to the nonnp|8UOn of the VVO[k. r8ngvv@| copies of policies Sh8U be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The pV|iny(ies) nnU3t be oOdOrS8d to provide City with 8tleast thirty (3O)days' notice ofcancellation and/or restriction. Contractor shall furnish to C|TP the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates Of |nSU[8noo Sh8U name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the 0vvnHr is the City Of K4i8nni' Florida. This OOiCi8| tide Sh8U be used in all insurance documentation. The City of K4iGnni shall be listed as an additional insured vvh8nn applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must Ue rated OOless than ^A- as to management, and no less than "Class V~8S to Financial Strength, by the latest edition of B8st'S Insurance Guide' published byA.M. Best Company, [>|dwiCk. New Jersey, Or its equivalent. All policies and /O[C8rthhoat8S of insurance are subject to review and verification by Risk K48n8genneOt prior to insurance approval. The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance nequirSnlents, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions' Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. Anadditive Or deductive change order will be issued to adjust the contract value as necessary. For iOSun]nC8 bonding iS3u8S and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents OF by Florida Statutes, the Contractor shall within fifteen (15) calendar days Of being notified of 8vv8rd, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the 8nlOuO\ Of one hundred percent (100%) Of the Contract v8|U8 guaranteeing to City the cOnlp|6ti0O and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Pr jeot(s). Each Bond shall be with 8 SUrSty, which is qualified pursuant to Article 9' Qualification of Surety. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to ODS hundred percent (100%) of the Contract vG|uo. or an additional bond Sh8|| be conditioned that Contractor will, upon notification by City. correct any defective Or faulty work or materials which appear within one year after Final Completion of the P[ j8Ct(G). The City rnVSt be listed as an Obligee. 24 Douglas Park Environmental |TB No.: 15'16-017 Pursuant to the requirements Of Section 255.05/1\, Florida Statutes, as amended from time to tirne. Contractor shall ensure that the Bond(s) referenced above Sh8U be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check O[unconditional letter of credit in the form attached. Such alternate fnrnlS of security shall be subject to the prior oppn}vo| nfCity and for same pU[pOS8 and shall be subject tOthe same conditions as those applicable above and ah8U be held by City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand [)OUors($2OO.0OU): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of(V||). The surety company must be of recognized Stonding, authorized to do business in the State of Florida as surety, having 8 resident agent in the State Of Florida and having been in business with 8 F8COnd of successful ConhnUOUG operation for at least five (5) years. The Surety Sh8|| hold 8 current certificate of authority an 8CC8pt8b|o SUn8tV OO federal bonds in @CSOndoOC8 with United 8tot83 O8p8rtnlBDt of Treasury Q[CU|8r 570' Current Revisions. If the amount Ofthe Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the oirCu|8[, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 2S7' revised September 1. 1978 (31 OFR5unUon 223.10. Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected iD8nacceptable manner 10. General Requirements The 8n0p|Oyee(s) of the Contractor Sh8U be considered to be at all tinO8S its 9[np|Oyee(s)' and not QO8rnp|oyeo(S)O[8g8nt(S)ofthe City orany 0fits departments. The Contractor agrees that the Contractor will at GU tirnGS 8nnp|Oy, maintain and assign to the perfU[[n8nCH of Project a sufficient number ofcompetent and qualified professionals and other personnel 1Omeet the requirements 0fthe Work tnb8performed. The Contractor agrees to adjust staffing levels or to replace any staff if so requested by the Project MoO8g8r, should the Project Manager make 8 determination that said staffing is uO8CC8pt8b|8 or that any individual is not performing in 8 manner consistent with the requirements for such 8 position. The Contractor represents that its staff have the proper skills, tr8ining, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the VVork, in o competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and tOensure safe and proper access and use Ofthe site bythe Project M8noQer8OdfhHConnu|tont. Any such specific requirements will be included in the Technical Specification portion of the |TB. The COOt[8{t0r shall at all b08G COOp8r818 with the City' or the Consultant and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. 25 Douglas Park Environmental |TB No.: 15-16-017 The Citv, the Consultant and other agencies authorized by the Ckv. Sh8U have full access to the Project(s) site(s) at all times. The Contractor shall be [8Sp0nSib|8 for the good condition of the VVO[h or 08teh8|S until fOmno| release from his obligations under the terms ofthe Contract Documents. Contractor shall bear all losses resulting tOitOnaccount 0fthe amount orcharacter Ofthe Work, or the character Ofthe ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open upWork tothe prejudice of Work already 3tGrted, and the Project K4oO8g8r may require the Contractor to finish 8 S8CtiOO on which Work is in progress before Work in started OO any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of detailed d8SohptiOO concerning any Work to be done and rD8teri8|S to be furniShed, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. �1. Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate Of progress of the VVOFk is not such as to ensure its COnnp|eUoO within the designated completion time, Or if, in the Opinion Of the Project Manager orConsultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all Or any part of the VVO[k according to the Project schedule accepted by or determined by the Project Manager VrConsultant, the Project Manager Orthe Consultant nho|| have the right to order the Contractor to do either or both Ofthe following: (1) innpn]w3 its work force; and/Or(2) irnprOma its performance in 8CCVrd8no8 with the schedule to ensure oOnlp|8d0n of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by third party contractor and deduct such cost from any monies due the Contractor. Where rnate[i8|S are transported in the performance of the Work, vehicles 3ho|| not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or |oo8| |8vv(S). When it is necessary to cross curbing or sidewalks, protection against damage Sh8|| be provided by the COOt[8CtOr and any damaged curbing, grass 8re8S, sidewalks o[other areas Sh8|| be repaired at the expense of the COntreoiO[ to the satisfaction of the Project Manager or Consultant. Contractor is responsible to control dust and prevent it from becoming @ public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measure tncontrol dust. The Contractor shall furnish tOthe Project Manager and the Consultant a complete listing of 24- hOUrte|aph0n8 numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractor can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations Ofthe Project sit8Orf8Ci|ity.Thennann8rinvvhiChtheVVOrhisp8r-fOrnnedsh8||be subject tothe approval Ofthe Project Manager orConsultant, whom ifnecessary, shall have the authority to require changes in the manner in which the Work is performed. Thera shall be no obstruction of City services without the prior written 8pprnV8| Of the Project Manager or 26 Douglas Park Environmental [TBNo.: 1546'017 Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The COOtn8CtOr shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction Ofthe Project Manager and Consultant. Astaging plan must b8submitted toand approved bythe Project K48D8gero[theCoOSu|t8DtpriOr to the start of construction and iSSU8nCe of the Notice to Proceed. Such staging plan shall be revised and resubmitted 8Snecessary during construction. 13. Site Investigation and Representation The COOtr8C\0r ookOOvv|8dgS3 that it has satisfied itself as to the nature and location(s) of the Work under the Contract DOCunO8ntG, the general and |Ooa| conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and n}8d3. the COOfOrnneii0O and conditions at the ground based OD City provided reports' the type Of equipment and facilities needed preliminary to and during the performance of the VVO[h and all Other matters which can in any way affect the Work or the C0St thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection Of the Project(s) Site(S) as to the Ch8r8ot8[' quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory vvOrh that may have been done by the City or included in this Contract Documents. Contractor should examine the SOi| conditions at the Project Site to determine ifany special shoring, sheeting, or other procedures are necessary to protect adjacent property during 8XC8v8t|On of subsoil materials or during O|||ng of any area/s>, or for any operation during the perfO[nn8OCe ofthe Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(S)vvi|| not relieve Contractor from responsibility for properly eSUrO8UnO the difficulty Orcost thereof under the Contract [)OCUnnontS. In the event that the 8CtU8| subsurface conditions vary from the 8Ctu8| City provided reports the COOtr8otO[ Sh8|| notify the City and this Contract [)OCUnnents amount may be adjusted up Or down depending On the conditions. 14. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager orConsultant 8S part 0f8 Contract [)OCunOSntS, and shall notify the Project Manager and the Consultant of all HrrOrs, omissions and discrepancies found therein within throe (3) calendar days of discovery. Contractor will not be 8||Ovv8d to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents uD|8SS Contractor recognized such error' omission Ordiscrepancy and knowingly failed tOreport ittoProject Manager o[Consultant. 15' Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses Or donn8geS of whatever nature sustained until Final Acceptance by City. and SheU promptly repair Or replace, at OO additional cost to the Qty. and to the satisfaction of the Project Manager, any Work, nl8tSriG|S. equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. 27 Douglas Park Environmental |TB No.: 15'16-017 Lawn Areas - All lawn 8r8@3 disturbed by construction Sh3U be replaced with like kind to a condition similar O[equal tothat existing before construction. Where sod iStoboremoved, itshall be carefully removed, and the same re-soded, or the area where sod has been removed shall be [8St0[8d with new sod in the 08nOgr described in the applicable SoCUOO. FeOC8S - Any fence, or part thereof, that is damaged Or removed during the COUrS8 of the work Sh8|| be r8p|8C8d or repaired by the Contractor, and Sh8|| be left in as good of condition as before the starting of the work. VVhor8 f8O[iOg' vvaUS' shrubbery, grass strips or area must be r8rnoVmd or destroyed incident to the construction operation, the Contractor shall, after completion of the vvorh, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or naquinad, in the case Ofaccidents, for first aid service tOperson who may b8injured duriOgth8Project(s) duration. The Contractor Sh8U also comply with the OSHA requirements as defined in the United States Labor Code 29CFR1S26.5O. |Oaddition, the Contractor must report immediately k]the Project K4onmger8OdCOOSU|t8rkevSry accident to persons or damage to property, and Sh8U furnish in writing full iOfonnation, including testimony ofwitnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining and supervising all safety p[SC8UtiOnS and p[OQ[8nlS in connection with the VVO[k. Contractor Sh8|| take all necessary precautions for the safety of, and shall provide the n8CBSS8ry protection to prevent damage, injury or loss to: * All employees Onthe P jecKS\Site/S\@ndOtherp8rSoOSVvhOnn8yb88ffeCtedUhenaby; w All the Work and all materials or equipment to be incorporated therein, whether in storage OO O[off the Project(s) site(s); and ° Other property 8tthe P j8cKS\Site(S)Or8cU8Certthereto'iOdUdingtreSS.ShnJbG.|8wn3. vv8|hS. p8v8rnSntS' [O8dvv8yS, structures and utilities not designated for namOv8[ Fe|ooGdOn or replacement in the O0UrGe of construction. Contractor shall designate oresponsible member ofits organization otthe P jaot(S)Site(3)vvhOS8 duty shall b8the prevention Ofaccidents. This person shall beContractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. COOtn8CtOr Sh8U comply with all applicable |avvs' onjiO@DC8S, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or|nss;ond3h8||er8Ct8nd[n8intoinaUneCeSSGry38feQuardsforsUchs8f8tyond protection. Contractor Sh8U notify owners of adjacent property and utilities when prosecution Of the Work may affect them. All damage, injury or|ossto8Oypn3p8rtvoouseddinaCt|yo[indire[t|y, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection Of the Work shall continue until such time as all the Work is completed and Project Manager o[Consultant has iSSU8d the Contractor notice of Final Acceptance. Contractor must adhere to the 8pp|iC@b|S environmental protection guidelines for the duration of 8 Project. If hazardous waste materials are used. detected or generated atany time, the Project yW8n@gor must he immediately notified of each and every occurrence. The Contractor shall comply with all COdeS' ordiOaDoes, rules, orders and other legal requirements Of public authorities 28 Douglas Park Environmental [TBNo.: 1546-017 RemediationProject —O2—B4U613 (including OSHA, EPA. [JERM. the City, K4i8nni-D8d8 County, State Of Florida, and Florida Building COd8).which bear OOthe performance Ofthe Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper S8f8 rigging, S8f8h/ nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection Of its e0p|0y8eS' as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, auaffo|ding, p|otfornns, equipment guards, trenching, shoring, ladders and similar actions nrequipment shall be OSHA 8ppnovod, as applicable, and in accordance with all federal state and |OCa| regulations. All open trenches Or holes 3he|| be properly marked and barricaded to 8SSUn8 the safety Ofboth vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime mrnon-working hours without the prior written approval ofthe Project MoOageF. If an emergency condition ShOU|d develop during 8 Project, the Contractor must immediately notify the Project K48OogerGndCoOSu|tantofeaohandev8ryUoourreOCe. The Contractor should also recommend any appropriate COurSe(s)ofaction tOthe Project M8n8ger8ndthoConsu|tant. 18. Occupational Health and Safety In compliance with Chapter 442' Florida Statutes, any toxic substance listed in Section 38F'41.03 Of the Florida Administrative Code delivered 83 o result Of 8 Project must be 8CCornp8ni9d by 8 Material Safety Data Sheet (K4SDS)whiCh may be obtained from the 08OUf8CtUr8r. The M8D8 must include the following information: * The chemical name and the common name Ofthe substance. * The hazards Or other risks in the use of the suUSt8nCe, including: o The pOtSnU8| for fire, 8xp|OSiOn' CO[rO5iUn' and reaction; o The known acute and chronic health effects of risks from 8xpoSuns, including the medical conditions which are generally recognized as being aggravated by exposure tOthe substance; and o The primary routes ofentry and symptoms Ofoverexposure. � The proper pneoeutions, handling practices, necessary p8nSOn8| protective equipment, and other safety pn3C8utiOOS in the use of or exposure to the SubSt8Do8S' including appropriate emergency treatment iOcase ofoverexposure. * The emergency procedure for spills, fire, disposal, and first aid. * A description in lay terms of the known specific potential health risks posed by the substance intended t0alert any person reading this information. * The year and month, if 8vai|8b|S' that the information was compiled and the n8nno. address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tOO|S' equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary Or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors atthe P j8ot(s)site(s)andShaUnOter0p|OyVnthoP[ jeCt(3)8nyunfitpersonor anyone not skilled inthe Work tOwhich they are assigned. 29 Douglas Park Environmental [TBNo.:15-1G-01T 28. Rules, RequiaticxOs,Laws, and Licenses The Contractor shall comply with all |8VvS. rules ' regulations , permits , public agency consents and approvals relative to the provision of services , equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county Or City agencies having jurisdiction over the matter. The Contractor, its 8gentS. SUbCoDt[8CtOrS and representatives shall be familiar with and COrnp|y with GU had8nG|. state and |OC8| |3vvs, rules, regulations and approvals that may affect the Work, goods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire Consultant who Sh8U serve as the City's Representative for the Project(s) to be performed under the Contract [)OcunO9ntS. The Contract Documents will state that a City's representative has been contracted with, for the management of the Work under the Contract [)0ounneOtS and who will be the lead point of contact, the Consultant or the Project Manager. Where 8 Consultant has been identified, the Consultant and the Project Manager will have authority to act OD behalf Ofthe City to the extent provided in the Contract Documents and asoutlined iOArticle 22.Authority Ofthe Project K4anog8[,OftheGen8[8|T8rrns8ndCoOditi0ns. On the basis of the on -site observations, the Consultant will keep the Project K48n8ge[ informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts tOensure faithful performance byboth the Project K48n8g8roOdthSContr8CtO[andVvi||nOt show partiality to either. The Project K4onagervvi||3nsinttheCOnSU|tontinCOndUCtingiOSp8CtionntOdeternnin8thed8teOr dates of Substantial Completion and Final Acceptance and will receive and review written vvar[80ti8S and related d0CUnleOtS required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and 8CC8pt8OCS. Upon acceptance such documentation will b8forwarded tOthe Project [W8noger. The Project [W8n8ger in conjunction with the Consultant will approve Schedules of V8|Ue3' Project Schedules, subcontractors and invoices. The City may contract for additional COnSU|t8nt serviCeS, including but not limited to CODStrUCUOn examination and observation services. Such services are intended tob9additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, vvhOS8 status under the Contract Sho|| be as that of the terminated Consultant. 22' Project Man@qe0Oent VVh8Fe a Contractor is awarded VVO[k' the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed iDaccordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing Of all permits; obtaining |iC9nSeS and inspections; ensuring that SUbCOntraCtO[S COnnp|y with all City requirements; performing the Work in accordance with the Contract Documents tothe satisfaction Of the Project Manager; paying all subcontractors; Obtaining release of |i9nG/n|8innS fees; and obtaining temporary and final Certificates OfOccupancy Vr Completion. 23' Superintendence and Supervision The orders ofthe City are given through Consultant OrProject K8aO8g8r.vVhiChiOStruCtioDS8[etO be strictly and promptly followed in every case. Contractor 8hG|| keep on the Project during its progress, a full-time, competent, English speaking superintendent, and any necessary assistants, all satisfactory tVProject K48D@gorO[COOsu|t8nt. The superintendent shall not bereplaced except 30 Douglas Park Environmental [TBNu: 15-16'017 with the written consent OfProject Manager OrConsultant, unless the superintendent proves h] be unsatisfactory to Contractor and ceases to be in Contractor's employ. The superintendent shall represent Contractor, and all directions given to the superintendent shall be as binding as if given tOContractor, and will beconfirmed inwriting byProject M8n8gerorConsu|tGOtVpOnthevvritt8n request ofContractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The Project Manager and the C0nnu|t8O1 shall be provided telephone number(s) for the SUpehDtend8Dt, vvhSn8 the superintendent can be contacted during nO[nl8| working hours 8Swell 83after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at nliOiDlUnn, the following infU[nl8UOO in 8 bound |O8: date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and subcontractors at the Project(s) SitB(s); visitors to the Project site, including representatives Of the City, Consultant, regulatory representatives; any special or unusual oOOdiUOnS or occurrences encountered; and the time Of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log 3hoU be kept on the Project(s) site(s) and Sh8U be available 8tall tinn8S for inspection and copying byProject K48n8ge[8nUConSu|tGnt. The Project Manager, Contractor and Consultant shall meet at least every two (2)vVeeko or as otherwise determined bythe Project K4enager'duringtheCOUrSeofth8VVVrktO[ev|evv8Dd8gre8 upon the VVO[k performed and outstanding issues. The Contractor She|| publish, keep. and distribute minutes and any COnl[neDtS thereto of each such meeting. If Contractor, in the oOuns8 of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the P|8nS, it shall be the COnt[8CtO['S duty to immediately inform Project Manager and CODSu|t8nt, in writing, and Project Manager 0rConsultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's SO|8 risk. Contractor Sh3|| supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to per -form the Work iOaccordance with the Contract Documents. Contractor shall besolely responsible for the means, methods, techniques, sequences and procedures Ofconstruction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manaqer The Director hereby authorizes the Project MGnage[0rthoCOOSu|t8ntdeSign8tedinthoContnact [)ooum8OtS to deternnine, all questions of any nature whatsoever arising out Of, under or in connection with, Or in any way na|oUng to or On account Ofthe Work, and questions as to the interpretation Of the Work to be performed under this {}nnt[8Ct OOCurnSOtS. The Contractor Sh8U be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the vvithdr8vv8| Or modification Of any previous Order, and n3gord|eSS Of whether the Contractor agrees with the Project Manager's and/or Consultant's determination Or requests. Where requests are made orally, the Project Managerand/orConsu|tantvviUfoUovvupinvvriting. 8Ssoon thereafter aSiSpracticable. The Project Manager and/or Consultant 3h8U have authority to act On behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions tothe Contractor shall beissued inwriting, and shall b8issued. All instructions tothe Contractor Sh8|| be issued through the Director, Project Manager Orthe Consultant. 31 Douglas Park Environmental [TBNo.: 15-16'017 The Project K48n8ger8OdC0OSU|t8ntShaUhav88CCeSSh]theP j8cV3\Sit9(S)at3Utirn8S.Th8 Contractor shall provide safe facilities for such 8CCeos so the Project Manager and Consultant may perform their functions under the Contract. The Project K4@D8g8roOdCOnsu|t8ntvviUrnake periodic visits to the Work Site to become generally familiar with the pn]gPBGs and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, nl8th0dS, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's t8i|UnB to carry Out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to rejectWork that dO8S not COOh]rnl to the Contract Documents, Whenever, in his or her opinion, it is considered necessary or advisable tOensure the proper completion Ufthe Contract Documents the Project K4aO8geroOdC0DSU|t8nt will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager's nor Consultant's authority to act under this p@[8grBph, nor any decision made by him in good faith either to exercise o[not tO 8msrniSS such authority, Sh8U give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any Ofthe Work. All interpretations and recommendations Of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project K48n8g8r and Consultant will not be responsible for the acts Or 0nnisSiODS of the Contractor, any GUbContraotOr, or any Of their agents Or ernp|Uy8eS. or any other persons performing any ofthe Work. 25' Inspection ofWork Consultant, Inspectors, and City shall at all U0eS have access tOthe Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 8hOU|d the Contract [)OCUrnents' Consultant/Inspector Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Project Manager and Consultant timely notice Of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the SOUrCe of supply. If any of the Work should be covered up without approval Or consent Of Project Manager or Consultant, it nlUSt, if required by the Project Manager or Consultant, be uncovered for examination and properly restored at Contractor's expense. Un|8S3 otherwise provided, the Contractor shall nomko arrangements for such tests, inspections and oppPDV8|S with the Qtv'S testing laboratory or entity. The Contractor Sh@|| give the City and the Consultant timely notice of when and where tests and inspections are tObemade S0that the City OrConsultant may bepresent for such procedures. Re-examination ofany Ofthe Work may beordered bythe Project K4an8ger0rCODSU|t8nt.8ndif so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means Of8Change Order. If such Work is not in accordance with the Contract Documents, Contractor 3h8|| pay such cost. The COOt[8CtOr shall bear the CO3t of correcting destroyed or damaged construction, whether completed Or partially COn0p|et8d. of the City Or separate contractors caused by the Contractor's 32 Douglas Park Environmental D7B No.: 15-16'017 correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of Project Manager or Consultants. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule or regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work, however, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Project Manager and Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City for the use of Contractor. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing 33 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 operations GtP j8d/s\nite(S),vvhiCh8|SVindud8Sdlede|iveryof any materials and equipment. Access h]and egress from the Project Git8(s)Sh8UbeooO[diO8tedviththHP jeCtM8O8g8ranU the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other contractors performing work 8tthe Project(s) Site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent inwork of the character called for in the Contract Documents; or unknown physical conditions of the Project(s) Site(S). of an uOuSU8| n8tune, which differ materially from that ordinarily 8000Untenad and geD8[8||y recognized as inherent in work Of the character c8||8d for in the Contract [)OCUrnents. Cont[8[tOr, without disturbing the conditions and b8fOna performing any Work affected by such conditions, 8hoU, within twenty-four (24) hours of their diSCOv8ry, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant Sh8U, within two /2\ business days after receipt of Contractor's written nmtiCe, investigate the site conditions identified by COO\[8CtOr. If, in the sole opinion Of Project Manager or the Consultant, the conditions do materially so differ and cause an increase or deCn38S8 in Contractor's COSt of, or the time required for, the performance of any part of the VVOrk' whether or not charged as o n8Su|t of the oOOUitiOn3. Project Manager or Consultant Sh8U [eCOnn0end GD equitable adjustment to the Contract Documents Price or Contract [)OCUnl8OtS Time, Or both. If the Project Manager and Contractor C8DnOt agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. 8hOU|d the [}inaCtOr determine that the conditions Of the Project(s) site(S) are not so materially different to justify o change in the terms of the Contract [}OCUrnentS. the Director shall SO notify the Project Manager, COnSU|t8Dt, and Contractor in vvriUOg' stating the roaSOOS. and such determination shall b8final and binding upon the parties hereto. NO request by COn\[@[tOr for on equitable adjustment to the Contract Documents under this provision Sh8|| be o||ovved un|8SS Contractor has given written notice and otherwise fully documented altering Site conditions in strict accordance with the provisions Of this Article. NO request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be o||OVV8d if made after the date certified by Consultant or Project Manager as the date of substantial COnlp|etiOO. 31. Existing Utilities KOOvvD utilities and structures adjacent to or encountered in the Work will be shown On the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; hOvvev8r, it is expected that there may be some discrepancies and OnliSSiOns in the |onoUOOS and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City -for their 8CCUr8Cy Or COrnp|mtmO8SS. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The COOt[8CtOr Sh8U explore sufficiently ahead ofthe Work to 8UOw time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.", who shall be contacted @ rnininlurn of48 hours before the Contractor commences any digging. The Contractor in responsible for removing all utility markings once the vvO[h is completed. Final payment tothe Contractor may bewithheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service 34 Douglas Park Environmental [TBNo.: 1546-017 Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, t8|eviSiOD. S|8CtriC8| pOvver, oil, gas, water, sewer, or irrigation systems, the COOt[8CtOr Sh8U make all 8[r@Og8nleD(S necessary for the protection of these utilities and services or any other known utilities. Notify all utility COnlp8nieS that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, |OC8te' expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The COOtn8Ct0r and his Subcontractors shall be sO|9|y and directly responsible to the owner and operators of such properties for any damage, injury, expense, |OSS, inconvenience, de|8y. Suits' actions, or c|8innS Ofany character brought because of any injuries O[damage which may [eSU|t from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to dO0S3UC vv8t8r' neVV8r' Storm drain, Or other utility services as 8 r8SU|t of accidental bn38k8g8 due to construction Open8tiOOS. promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as pOSS|b|e and bear all COStS of repair. In no event Sh8|| interruption Of any utility Service be @||Ovved uO|8SS granted by the owner Ofthe utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval Ufthe water utility, cut the service, dig through, and restore the service with similar and equal [n8teri8|S at the Contractor's expense and as approved by the Project Manager O[Consultant. Replace, with material approved bythe Project Manager orConsultant, atContractor's expense, any and all other laterals, existing utilities or structures removed or damaged during COnStrUotiOn. unless otherwise provided for in the Contract Documents and as approved by the ProjectM8n8ger or Consultant. Replace, with material approved bythe Project K4eO8gS[OrCOOSu|t8nt'atCOOt[8CtO['3Sxpense' any existing utilities damaged during the Work 33. Interfering Structures An attempt has been made to ShOvv nl8jOr structures On the furnished O[@vving3. While the information has been compiled from the best available sources, its completeness and @cCU[8Cy cannot beguaranteed, and iSpresented asaguide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected Cornp8nies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or UndergrOUnd, including have the owner of the interfering structures place temporary supports. 34' Field Relocation During the process of the Work, it is expected that minor relocations Of the Work may be necessary. Such [e|OC8tiOnS shall be made only by the direction of the Project Manager or Consultant mtthe Contractor's expense. If existing structures are encountered that will prevent construction as shown, the COOtr8CtO[ Sh8|| notify the Project Manager or, Consultant before continuing with the Work in order that the Project Manager Or Consultant may make such field revisions an necessary to avoid conflict with the existing structures. VVhe[8 the Contractor fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does SO at his own risk. 35 Opug|om Park Environmental [TB No.: 15'16-017 35. Contractor's Use of Project Site(s) Limitations may be placed On the Contractor's use of the Project(s) site(s) and such limitations will b8identified bythe Project M8O8g8[ |naddition tOsuch limitations, the Project Manager may make storage available to the CoOt[8{tO[' at his Sn|o discretion, based OO availability Of space. The Contractor shall also coordinate and schedule deliveries SOastOminimize disruptions tOCity day-to-day operations. The Contractor shall limit its use of the Project Site(s). S0 as to allow for the City'3 continuous operation. This is necessary, as the Project Site(s) may na08in in operation during the Work. � The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions Of the Project(s) site(s) beyond the specified 8n88S; conform to Project(s) site(s) rules and n8UU|8tinnS affecting the Work. o Keep existing driveways and entrances serving surrounding facilities o|88r and available tOthe City, its employees and the public 3tall times; not use areas for parking and/or storage Ofmaterials except 8Sauthorized bythe Project M8n8ger. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked 0[stored et8City facility. The City assumes no liability for damage orloss t0the items specified iOthis paragraph. AoCSSS to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty «}fMaterials and Equipment Contractor w8r[8OtS to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from f8U|tG and defects and in COOfOrnnoOCe with the Contract Documents and Contract/Documents. All Work not conforming tOthese requirements, including substitutions not properly approved and @uthO[iZed, may be considered defective. If required by the Project Manager OrConsultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited byany other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handlinq. Storaqe and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with eSS8nnb|y p|8O and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and Unpainted parts subject to damage by the elements Sh8U be protected with an application of strippable protective coating, Orother approved protective method. Equipment shall be packaged or crated in @ manner that will provide protection from damage during Shipping, hand|ing, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the neoOnlnneDded requirements for storage prior to installation. P8Ck8qingand Delivery ofSpare Parts and Special Tools 36 Douglas Park Environmental [7BNo.: 15-18-017 Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall b8packaged in8manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and rnot8h8| Sh8U be shipped with freight and shipping paid, FOB job site. TheContreotorshaUrequeste7-dayadvonmanotioeofshipnnenthnnnrnonufaotunans.and.upon receipt of such OOUC8, provide the Engineer with 8 copy Of the current delivery information concerning equipment items and material items of critical importance to the Projectschedu|B. Receiving The Contractor shall unload and n3COrd the receipt of all equipment and rnote[i@|s at the jObSit8. All costs for receiving, inspection, handling, StOn3ge' iOSUnaOCo. inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment oh8U be included inthe prices Bid and nOextra compensation will beallowed. Inspection Immediately upon receipt of equipment and materials at the jobSit8. the Contractor shall inspect for completeness and any evidence Ofdamage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to beany shortage 0rdamage, the Project K48O8gHro[COnsu|t8ntsh8||beinlnO8diete|yDOtified;and the COntn8CtO[ 3h8U be fully [eSpODSib|8 for informing the nn8DUfaotu[SrS and the transportation company of the extent of the shortage Or damage. If the item or items require replacing or supplying missing parts. the Contractor shall take the necessary measures to expedite the replacement Orsupply the missing parts. H8nd|inO Equipment and nnatori8|S received for installation on the Project(s) shall be handled in 8CCOrd8nCH with the manufacturer's recommendations, and in a manner that will prevent damage. GtOn8q8 Equipment and materials Sh8|| be stored prior to installation as reCOrnnoeOd8d by the nn8nuf8CtUn8r. Generally, materials such as pipe Sh8U be stored off the ground in approved storage yards. |tSrnS subject to damage by the S|enneOt3. vandalism, or theft Sh8|| be stored in secure buildings. Items requiring 8Ovin3nnnen\@| COntn]| for protection Sh8U be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance Sh8U adequately cover the value Of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and nn3t8[iG|3 shall be stored in @ manner to provide easy access for inspection and inventory control. The Contractor shall keep 8 running account ofall materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work, Equipment's Maintenance Prior t0Acceptance bythe City Provide the required or manufacturer's r8COrnrnend8d maintenance during storage, during the installation, and until such time 83 the City accepts the equipment for full-time operation. 37 Douglas Park Environmental DlB No.: 15'16'017 G8kxaQeEquipnlerk Any salvageable pipe, fittings, orother miscellaneous rn8teha| or equipment nannowSU during COn3trUnU0D and not reused in the Work 3h8U be cleaned, hauled, and 3honad by the Contractor at his OvvO 6XpenSB' vvh8n8 directed by the Project Manager or Consultant, and nh8U remain the property Ofthe City. All other material shall bedisposed 0fbythe Contractor 8this own expense. 38. Manufacturer's Instructions The Contractor shall: Comply with manufacturer's requirements for the handling, delivery and storage of all nl8teh8|S. VVh8[9 required by the COnLn3{t OOCunleOtS, Contractor Sh8|| submit manufacturer's printed instructions for delivery, storago, ossernb|y, and installation. Comply with the manufacturer's applicable instructions and reCOnlnOendotimOS for the performance Ofthe Work, to the extent that these instructions and recommendations are more explicit Or more stringent than requirements indicated in the Contract [)OCUnneOtS including the Contract Documents. Inspect each item Of material or equipment immediately prior to iOSt8||otioO and reject damaged and defective items. Provide attachment and COnnSCtiOO devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed VVO[k to obtain the best ViSU8| Hff8(t and refer questionable visual effect choices to the Consultant for final decision when applicable tOthe Work. Recheck measurements and dimensions of the Work, 8S8nintegral step iOstarting each portion of the VVO[h. |OSt8|| each unit or S9CUOO of Work during favorable weather conditions, which Sh8|| ensure the best possible [8SU|tS in coordination with the entire Project(s) and isolate each Unit of Work from incompatible Work 8S necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate 8nn|Oauro Ofthe Work, which requires inspections and tests SO as to minimize the necessity Ofuncovering Work for that purpose. When required by the CODt[8Ct DOCunnontS or the nOGnufooturSr, a qualified rep[SS8Dt8Uv8 Sh8|| be present to observe field COOdiUOOS, conditions of surface and installation, quality Of vvorknO8nShip, and applications. Manufacturer's representative Sh8|| provide the Contractor and the Project Manager or Consultant a written report of field observations. 39' Manufacturer's Warranty COOt[8Ct0r Sho|| provide all manufacturers' warranties. All vv8r[8Oti8s' expressed and/or implied, shall be nl8d8 8v8i|8b|8 to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor Sh8|| correct any and all apparent and latent defects that may occur within the rn8nufeCtU[8r'S standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance Ofthe Pr jeCt(S). 40 Reference Standards Reference to the standards Ofany technical society, organization or body shall be construed to mean the latest standard adopted and published at the date Ofrequest for qU8|ificadons, even though reference may have been made to an earlier standard. Such reference is hereby made a 38 Douglas Park Environmental [TBNn.: 15'18-017 part of the Contract [)Oounnent3 the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern uD|e3S otherwise stated. 41' Submittals Contractor shall oh8CK and approve all shop d[8vvnQ' S8nnp|eS' product data, schedule of values, and any and all other submittals h3make sure they comply with the Contract Documents prior tO submission tOthe Project K48O8Q8rorConsu|t8nL Contractor by approving and submitting any submittals, represents that they have verified the 8Ccu[8Cy Of the submittals, and they have verified all Of the submittal information and dOCVrnent8boO with the requirements of the COD\r8ot [}OCUnn8OtS. At time Of submission the Contractor shall advise the Project MoOag8r8ndCOnsu|t8ntinvvritingOfaOydevi8tiOn3fr0nnth8 Contract OOCUmeOt3. Failure of the Contractor to advise the Project Manager Or Consultant of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add Or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal 3h8|| contain 8dUo block containing the following information: * Number and title ofdrawing, including Contract title and Number * Date Ofdrawing and revisions * Name ofContractor and Subcontractor (if any) submitting drawings * Name Of Project, Building or Facility * Specification Section title and number * Contractor's 8t8nOp of approval, Signed by the Contractor V[his checker ° Space above the title block for Project K48D8ger'OrCUnSU|taOt'SocbOnStemp * Submittal Or re -submittal number (whether first, second, third' etc.) * [)8t8 of submittal Contractor shall sign, iDth8pnOperb|OCk'eoohSheetOfShopdr8vVngonddat88ndeonhs80p|e label to certify compliance with the requirements Of the Contract [)oCu[neOtS. Shop drawing SUUnnittSd without the stamp and Signature shall be rejected and it will be considered that the Contractor has not complied with the requirements of the Contract OOCUm8nt3. Contractor shall bear the risk Ofany delays that may occur 8n8result Ofsuch rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires SUb[nitt8|G until the Project Manager or Consultant has returned approved submittals to the Contractor. Project Manager OrConsultant Sh8U make every effort to review submittals within fourteen (14) calendar days from the date Of receipt by the Project Manager O[Consultant. Project Manager or Consultant's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The Project Manager or Consultant Sh8U return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract DOCUnnent3 UO|e3s the Contractor has given written notice tothe Project M@n8gerOrConSu|t8ntOfthespenifindeviotiOns8ndtheCOOSU|tont have issued written approval 0fsuch deviations. By approving and submitting Shop Dravvings, Product Data and GanOp|8s. the Contractor represents that all nl8teri8|S, field rneoSUr8rn8Ots and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified. checked and coordinated with this Contract Documents. 39 Douglas Park Environmental [TB No.: 15'18-017 COntn3CtO[ shall be responsible for the distribution Of all shop drawings, copies of product data and Sarnp|oS, which bear the Project Manager's or Consultant's Stonnp of approval. Distribution Sh8U include, but not be limited to; job site file, record documents file, Sub -contractor, suppliers, and other affected parties O[entities that require the information. The Contractor shall also provide COpi9S of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved Of responsibility for errors or omissions in any and all submittals bythe Project K48nage['SOrCOnSu|tGDt'3acc8pt8nCethenaVf.TheCoOtr8CtPrVV8r[8OtS the adequacy for the purpose intended of any shop drawings or portion of shop drawing that alters, modifies Or adds to the nBquinanleOtS of the Contract Documents. Nothing in the Project Manager's Or Consultant's PeViBvv of Shop Dn8vViOQS, GUbnnitt8|S and S8rnp|eS ShoU be construed 83 authorizing 8ddiU0O8| work Orincreased cost tothe {|ih/. Section 01340 contains additional requirements for submittals. VVhena 8 conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit Shop [}revviOgS as required by the Contract Documents. The purpose Of the Shop On3vvinQs is to 3h0vv, in d8t8i|, the suitability, efficiency, technique of nO8nVfoctun3, installation requirements, details of the item, and evidence of its compliance Or noncompliance with this Contract [>ocunl8OtS. Within five /5> calendar days after City'S @vv8rd of the Contract, Contractor Sh8U submit to Project Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all SUbnlitt8| dates. Approval of this list by Project Manager or Consultant Sh8U in no Vv8y pe|i8V8 the Contractor from submitting COnnp|etS Shop Drawings and providing nl8t8ria|S, mquipnl8nt, etC., fully in aoCOrdonC8 with the Contract Documents. This pnDC8dUna is required in order to expedite final 8pppOv8| of Shop Drawings. After the 8ppnOv8| of the list Of items required in above, Contractor ShoU promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility 0fthe Contractor to ensure that the Shop Drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provided shop drawings for; all drainage structures including catch boSinS, drainage pipe, he||83t roCk, and exƒi|t[8tiOntrench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall nlGKe specific mention thereof in its |att8[ of transmittal. Failure to point out Such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager OrConsultant Sh8|| review and accept or reject with COrnnn8DtG. Shop Drawings within fourteen (14) calendar days from the date received. Project K4@O8ger'8 or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy Of such Shop Drawings, nor for the proper fitting and construction of the VVOrk. nor for the furnishing of rn8teri8|S or Work required by the Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop 40 Douglas Park Environmental [T8No.: 15-18-017 Drawings have been approved bvProject K48noger8nd/orCOnSUKark.Aoprov8|3h8Unotr8|i8ve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No 8ppn0Vo| will be given to partial submittals of Shop [)[8vvings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal tOProject M8O@gerand/OrConSU|t8Ot8|ongvVith its comments as to CO[np|ianCe' OODCOnlp|i8nCe, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Dr8wiOQ3, any additional information or changes on such drawings shall be typewritten or lettered in ink. The nliDirnUnn size for shop drawings 3h8|| be 11" )< 17"Each shop drawing Sh8|| be o|S8r, thoroughly detailed and Sh8|| have listed on it all Contract [}OCUrneOt3 references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in 8Y8[y detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, oonn8ChOOS with other work, Cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall beshown. Where professional C8|ou|GtiOOS and/or certification of p8rfOrnnonC8 criteria of materials, SySt8nns' and o[equipment are required, the Project M8noge[8nd/orCOnSu|t8Ot8reentit|edtOre|yupOn the accuracy and Connp|8teO8SS of such C8|CU|8tionS and certifications submitted by the Contractor. C8|CU|8tiOns' when reqUired, shall be submitted in 8 neat clear and easy format to fO||ovv. Contractor ShoU keep one Set of Shop Drawings marked with Project Manager's and/or Consultant's approval otthe job site 8tall times. 43. Product Data Contractor shall submit four (4) copies Of product data, warranty iOfOrnnetiOO and operating and nl8iOtHnonoe nl8DU8|S. Each copy nnUSt be marked to identify applicable products, nl0d8|s' options and other data. Contractor shall supplement manufacturer's standard data to provide information unique tothe Work. Contractor shall only submit pages that are pertinent. Submittals shall be [narked to identify pertinent products, with references tOthe specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. COOtnscLOr Sh8|| submit 8 draft Of all product data, vv8[n3nty iOfOrnn8U0n and operating and maintenance manuals 8t5O%completion Ofconstruction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics Of the produCt(S). Submittals shall be coordinated for different categories Of interfacing VVOrK. Contractor Sh8|| include identification UO each sample and provide full information. 45. Record Set Contractor shall maintain in 8 S8f8 place at the Project(s) site(s) one neo0nd copy and one permit Set Of the Contract OOCUnn8nts, including, but not limited to, all Drawings, Sp8CifiC8hOns, shop drawings, amendments, Change OrderS, RFIS, and Field Directives, as well as all written interpretations and C|8rifinoU0nS issued by the Project Manager orConsultant, in good order and annotated to 3hOvv all changes made during construction. The r*oonj documents Sh8|| be continuously updated by Contractor throughout the prosecution of the VVO[k to accurately reflect all field changes that are made to adapt the Work tOfield conditions, changes resulting from 41 Douglas Park Environmental DBNo.: 15'16'017 Change C)rd8[S, Construction Change Directives, and Field [)inechv8S as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services, Contractor Sh8|| certify the accuracy of the updated [80O[d d0ounl8OtS. AS @ condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidenCe, satisfactory to the Project Manager and the Consultant, that Contractor iSfulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be ooCu[8te|y |OC8t8d on the record dOCUn0entS as to depth and in relationship to not less than two (2) permanent features (e.g. interior Orexterior wall f8C9S). The [8COrd dooU0BOtS Sh@U be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record dOCurOSntS ShGU be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement tofinal payment, the record documents shall bedelivered tOthe Project K4an8g8rOrConSU|tantbytheCOntn]otOr. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 46. Supplemental Drawings and Instructions The Project Manager or Consultant 3h8U have the right to approve and issue Supp|8nO8nt8| instructions Setting forth vv[itt8D OrderS, inStructiOnS, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract DOCUnnSOtS Time. Project Manager or Consultant Sh8|| have the right to modify the details of the plans and specifications, to supplement the p|8DS and specifications with additional plans, drawings or additional information as the Work p[OC88dS. all of which Sh8|| be COD3id8[8d as port of the Contract [}OCUrnents. In C8Se of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47' Contractor Furnished Drawings A Contract OOCUrnentS may require the Contractor to furnish design, shop oOd/O[ as -built drawings depending Onthe nature and scope Ofthe Work tObSperformed. The following applies to the different types of drawings. The Project Manager and/or Consultant 3ha||, after review 0fthe drawings, initial and mark the drawings in One ofthe following nl8DOerS: 1. ACOEPTEO- No correction required. 2. PROCEED AS CORRECTED - Minor changes Orcorrections identified. Work can proceed subject tOre-submittal and acceptance ofthe drawings. 3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or Other justifiable reason. Drawings must be corrected and resubmitted prior tOany Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the n@rn8 Of a particular Supp|i8r, the naming Of the item is intended toestablish the type, function and quality required. Unless the name is followed by words indicating that DO substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to 8||om/ City and 42 Douglas Park Environmental [TB No.: 15-16'017 Consultant to determine that the rn8teh3| or equipment proposed is equivalent or 9qU8| to that named. Requests for review 0fsubstitute it8rnS of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or, use 8 SUbSiitu\8 item of material or equipment, Contractor shall make application to the Consultant for acceptance thereof, certifying that the proposed substitute shall p8rfO[r0 adequately the functions and achieve the r8SUKS Ca||8d for bythe general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance ofthe proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require o change in any of the Contract [}OCunlentS to adapt the design to the proposed substitute and whether Ornot incorporation Or use by the substitute in nOnneohOO with the Work is subject to payment nfany license fee or royalty. All vori8U003 of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The 8pp|iC3UOD also 3h8|| contain an itemized 8SU0@tB of all costs that will result directly or indirectly from acceptance Of such Substitute' including costs for redesign and doir0S of other contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The Consultant may require the CoO\r8CtO[ to furnish at Contractor's expense additional data about the proposed substitute. If specific nle8DS, method, technique, sequence or procedure of construction is indicated in or required by Contract C)OCunlentS' Contractor may furnish Or utilize 8 substitute me8OS' method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the Architect or Engineer 0fRecord to determine that the substitute proposed is equivalent to that indicated Or required by the Contract Documents. The procedures for submission to and review by the CODSU|taOt Sh8|| be the sonl8 as those provided herein for substitute rn8ter|o|s and equipment. The Consultant Sh8|| be 8||ovved 8 reasonable time within which to 8V8|Uate each proposed substitute. The Consultant and the City shall be the sole judges of the acceptability of any substitute. NO substitute shall be O[deF8d. installed or utilized without the City'S and the Consultant's prior written 8CC8ptenC3 which Sh8|| be evidenced byeither 8 Change Order Or8O approved submittal. The City and the Consultant may require the Contractor to furnish at Contractor's expense a special performance guarantee or Other surety with respect to any substitute. If the CODSU|t8nt rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design Of such are in full COOlp|i8noe with and meet all the requirements of the Contract Documents. 49. City Furnished Dravvinqs The City, at its SO|S diSCr8tiUD, may furnish design drawings. It Sh8U be the sole responsibility of the Contractor tObring tothe immediate attention ofthe Project M8nager8ndthaCOnsu|taOtGOy discrepancies between the drawings and existing COnditi0ns, excluding hidden or unforeseen cnnUihons, discovered prior to commencing and during the Work. The Contractor shall be oO|e|y responsible for verifying the accuracy Ofthe drawings prior to COrnrneDCing the VVOrk' and Sh8U be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to C0mnneOce08nt. This nhoU also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all nSqUeStS for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. 43 Douglas Park Environmental |TBNo.:1S'1G-U17 The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, Onnissi003 and/or enorS' not identified in writing to the Project Manager 0rConsultant prior tOcommencing the Work. The drawings are t0b8addressed as@complete set and should not b8used iOparts. Contractor is responsible to coordinate the Get Of drawings with all trades to oOSUre that the VVO[k will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation ofDrawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should b8used together and not separately. During the performance 0fthe P j8rVS)'shOu|d8nyern][S. omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will d8[ifv in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager's Or Consultants interpretation and perform the Work in 8CCOrd8DCe with the decision of the Project Manager Or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials and products 8tits own cost. However, ShOU|d such nl8teri8|S or products fail to p8S3 the test and/or meet the FeqUirenn8O\S of the Contract Documents, the Contractor shall n8irnbUrSe the City for the CO3t Of such tests and repair or replace said materials or products. In such instances the City may deduct such cost from any payments pending tOthe Contractor. 52. Field Directives The Project K88n8gerOrCoOSu|t8Otmay8ttimesiSSUafi8|ddireCtiveotOtheCOOtr8CtOrb8S8doO visits to the Project(s) Gite(3). Such Field Directives ShG|| be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the SCOp8 of the VVU[k, the Contractor sh@||. within 48 hours, notify the Project Manager OrConsultant that the work iSoutside the scope 0fthe Work. Atthat time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City'S position that the Work is within the Scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time Sh8|| the Contractor refuse to comply with the directive. Failure to comply with the directive may result in o determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in 8 satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be 8CCOnnp|iShod by nnoaOs Of appropriate Field Orders and Supp|8nlmDt8| Instructions or Change Orders. Any changes LO the tBrnnS of the Contract Documents must be contained in 8 written dOCUnnent' executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only byCity. 44 Douglas Park Environmental D7BNo.: 15'16-017 54, CKJOtinuinq-the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning arequest for 8Change Order, 8 request for 8 change in the Contract price Or CODtn8Ct time for C0nnp|8tiOD. The VVOrh shall not be delayed or postponed pending resolution of any disputes or disagreements. 55' Chanqe Orders Changes inthe quantity O[character 0fthe Work within the scope Ofthe P j8[t(s)vvhiCh8F8nOt properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be p800h8d for any item requiring 8 change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; orsubmit the matter in dispute to the Director as sot forth in Article 90' Resolution Of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project K48n8g9r' Consultant, and Director in writing within S8wan (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed ocUUstrn8Ot in the Contract Price Or Contract Time. On approval ofany Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased SO that each reflects the total Contract Price as increased. Under circumstances determined necessary byCity, Change Orders may Ueissued Vni|@tS[8||y by City. The City nsS8rv8s the right to order changes which may result in additions to Or reductions from the 8rnouOt' type or value of the VVO[k ShOvvn in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. NO Extra Work shall be performed except pursuant to written orders of the Project Manager Or C0D3U|tan1 expressly and unmistakably indicating his/her intention to treat the VVO[k described therein as Extra Work. In the absence of such on order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice iSfor the purposes of(1) affording an opportunity tOthe Project Manager to c8nCS| such order, di[SCdoD Or requirements promptly; (2) affording an opportunity tOthe Project Manoge[tOk8ep8naCCUratereCOrdOfnnateri@|S.|abO[8ndOtheritennS involved; and (3) affording an opportunity to the City to take such action as it may deem advisable inlight Ofsuch disputed Work. 56. Chan-qe Order Procedure Extra VV0rh shall [8Su|t in an equitable adjustment (increase Or dSC[e8S8) to the Contract representing the re8SOOGb|e C0St or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable 8djUStnnSOt in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required 45 Douglas Park Environmental [TB No.: 15'16-017 to immediately start the Extra Work. The Contractor is required to obtain p8nDiSSioO for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted UrDefnarOe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the CO3t proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all Ofthe following: 8 C0St breakdown of material coats, labor costs, labor rates by trade, and Work classification and overhead rates in support OfContractor's Change Proposal Request. The Contractor's Change P[OpoS8| Request must include any schedule revisions and an 8xp|8OohoO of the COSt and schedule impact of the Extra VVOrK On the Pr 'eCt(3). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will innoevent include 8 combined profit and overhead rate in excess of ten (1096) percent of the direct labor and nn8t8ri8| costs, uO|8SS the Project Manager determines that the complexity and risk of the Extra Work iS such that on additional factor i3appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all C|8inOS and liability to the Contractor relating to, or in coDO8CdOO with, the Extra VVO[k' including any innp@Ct' and any prior oCiS. neglect Or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business d@yS. submit o revised Project schedule reflecting the changes against the baseline schedule. 57. No Ora!Chanples Except hothe extent expressly set forth in the Contract, no change in or modification, termination Or discharge of the Contract Or. in any form vvh3tSO8Vo[' ShoU be valid Or enforceable unless it is in writing and signed by the par -ties charged, therewith or their duly authorized representative. 58. Value of Cha0qe Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price Sh@|| be determined in one of the following vv8y3: * Where the Work involved is covered by unit prices contained in the Contract, by application 0funit prices tothe quantities Ofitems involved. ~ By mutual acceptance of Contract unit price which Contractor and Project Manager acknowledge contains 8component for overhead and profit. * On the basis of the "cost of Work," determined as provided in this, plus a COOt[8CtOr'S fee for overhead and profit which is determined as provided in this Article. * The term "cost of Work" [nSaOa the sum of all direct COStS necessarily incurred and paid by Contractor in the proper p8rfOrnn8OCe of the Work described in the Change Order. Except asotherwise may beagreed toinwriting bythe Project K4enaOor.Suoh costs shall boinamounts nOhigher than those prevailing inthe locality Ofthe Project, shall include only the following items and shall not include any of the costs itemized in herein Payroll costs for 80p|0y8eS in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job d8S3ifio8hOn3 agreed upon byProject Manager and Contractor, P8yn]|| costs for employees not employed full time on the 46 Douglas Park Environmental lTB No.: 1546'017 RmmediationProject —O%—B4UG13 Work covered by the Change PrOpOS8| Request shall be apportioned OO the basis Oftheir time spent oOthe Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick |eov8' vacation and holiday pay application thereto. Such S[np|oyeSS shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the VVnrk, including costs of transportation and storage theneof, and manufacturers' field services F8qUinsd in COnO8CtiOn therewith, All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which tO make payments, in which case the cash discounts shall accrue tOCity. All trade discounts, [Gb3t8S and refunds, and all returns from S8|S of surplus rnot8[i8|8 and equipment Sho|| ooC[ue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from COOt[@ctO[ Or Others in 8CSOrd8noe with [eOt8| agreements approved byCity with the advice Of Consultant and the costs Oftransportation, loading, unloading, installation, dismantling and removal thereof, all iO 8CC0rd8noe with the terms of said agreements. The rental nfany such 8qUipnnSOt' machinery or parts shall cease when the use thereof i3nolonger necessary for the Work. If required by the City, Contractor 3h8|| obtain competitive bids for the Change Order Work. Contractor and 3h8|| deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid On the basis of cost of the Work p|US @ fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost ofthe Work" shall include any Of the following: w Cost ofspecial COOSu|t8DtS' iDC|Uding, but not limited to, consultants, architects, testing |8bO[8tOrieS' and surveyors employed for services specifically related to the performance Ofthe Work described inthe Change Order. * Supplemental Costs including the following: * The proportion of necessary transportation, travel and subsistence expenses of CVOt[8CtOr'3 employees incurred in discharge of duties connected with the VVO[k except for local travel t0and from the site ofthe Work. • Cost, including transportation and maintenance, of all nnateri8|S, supp|ie3, equipment, machinery, 8pp|i8DC8s' office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. m S8|83, use, or similar taxes related to the Work, and for which Contractor is liable, imposed byany governmental authority. * Deposits lost for o8US8s other than Contractor's negligence; royalty payments and fees for permits and licenses. * The cost Ofutilities, fuel and sanitary facilities a1the site. * Reneipied 0iDO[ expenses such as te|eQr8nnS. long distance telephone c@||s' telephone Service at the site, expressage and similar petty cash items in connection with the Work. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: 47 Douglas Park Environmental [TB No.: 1546'017 • Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting 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 agreed -upon schedule of job classifications., all of which are to be considered administrative costs covered by Contractor's fee. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. • Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ▪ Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. • Costs due to the negligence or neglect of Contractor, any Subcontractors, 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. • Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ▪ A mutually acceptable fixed fee or if none can be agreed upon, • A fee based on the following percentages of the various portions of the cost of the Work; • Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%); Where a sub -contractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and • No fee shall be payable for special consultants or supplemental costs. 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. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the Project Manager or Consultant. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 48 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 58. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra VVOd(' Orin C8S8 Or extenuating circumstances, the City may nevertheless issue 8 directive to the Contractor to UV the pn}pOS8d Extra Work. Immediately upon receipt of the Extra Work [)irecUVS. the C0Ot[8Ct0r shall be obligated to proceed with the Work set forth in that directive. Except as provided be|Ovv' the Contractor shall be entitled to initiate a dispute pursuant tOthe Article SO, Resolution Of Disputes, by furnishing o written statement to the Project Manager within five (5) days of the Extra VVO[k Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute nnUGt relate to specific nn8tt8[S raised Or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details Of the Contractor's claim including the manner that the disputed item was specified in the Contractor's proposal. During the pendency Ofany dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive uO|8SS otherwise advised by the Project Manager's written instructions. In the event there is 8 dispute as to price, the Contractor will be paid in accordance with the fD||OvvinQ paragraph. This payment(s) will be in full S8tiSfoC\iOn of the Contractor's claim for an adjustment tnthe value Ofthe Contract. Compensation for Extra Work in the event of the parties' inability to agree upon 8 mutually satisfactory price Sh8|| be as follows: � No payment will be made to the Contractor for Extra Work in excess Of "Actual and Necessary Cost" which is to say time and nn@te[i8|3 plus @ mark-up not to eXC88d 10%. This will not v8ry, whether the Extra Work is performed by the Contractor or his subcontractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) |8bOr, which includes VV8geS, pey[O|| dedUotiOnS, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable tOthe Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal 8Ooio| Security Act; (iv) any increases in public liability and property damage inSU[8DCe or performance and payment bonds OCC8SiUOHd SO|e|y by the Extra VVnrk. (v) the 8ntuo| and necessary operating expenses (except the expense of supplies and Gmo|| tOO|S not operated by rn8oh8OiC8| Or electrical pOvvSr)' pOvv8r for such plant and o r88S0nob|e rental for the O8nne (including srnoU power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance Ofthe Extra Work. In c8S8 any Work or materials shall be required to be dOOH or furnished under the provisions of this Article, the Contractor shall 8tthe end Ofeach day furnish tOthe City such documentation 8S the City may require t0support all the costs Of the Extra Work. |fpayments onaccount are desired as the Extra Work pFOgr8S3eS. the Contractor shall render an itemized statement showing the total amount expended for each n|osS Oflabor and for each kind of material on account ofeach item ofWork GS8condition precedent tOthe inclusion ofsuch payment inapartial estimate. Upon the request of the City. the Contractor Sh8|| produce for audit by the City' bOOkS. vOuCherS. CO||Sotive bargaining labor agreements, records O[other documents showing the actual cost for labor and materials. Such documents shall not bebinding Onthe City. The Project M3O8g8rsho|| determine any questions ordispute astothe correct cost ofsuch labor ormaterials or plant. In C8Se the Contractor is ordered to perform VVO[k under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's OvvD employees, the Contractor vvi||' subject to the approval of the Project [W8nago[' be paid the 3Ctu8| COGt to Contractor of such VVOrk' and in addition thereto five (5%) percent to cover the Contractor's superintendence, odrniDi3tr8hOn and other overhead expenses. 49 Douglas Park Environmental [T8No.:154G-017 Payment of any @[nOUnt under this Article shall be SUbi8Ct to SUb5mqu8n\ audit and 8pprnV8|' disapproval, [nOddhCahOO Or revision by representatives of the City. 60. As-BuiltDraVViOqs During the VVOrk. [}VOtr8CtOr Gh8U maintain records Of all deviations from the Drawings and Specifications as approved by the Project Manager or COOSU|taOt and pnSp8n8 two copies OfAs- Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the VVO[k as it was 8CtUa||y constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and O[ni3sinOS prior to submittal to the City and certify in writing that the As -Built [}n3vvinQs are COrFSCt and @CCUnat8' including the @CtUo| |OoadoO of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage iOeach conduit. Legibly mark tO record actual CODSt[UCtiOn: [>O'Sit8 structures and site Work aafollows: * Depths Of various elements of foundation in relation to finish first floor datum. * All underground piping and ductwork with elevations and dimensions and locations of valves, pU|| boxes. etc. Changes in |OoohOO. Horizontal and vertical |OC8tiOnS of underground utilities and 8ppUrten8nCes. referenced to permanent surface improvements. Actual installed pipe nl8teri8|' d8Ss. etc. • Location of internal uU|iU8S and appurtenances cOnCHo|8d in the construction, referenced to visible and accessible features of the structure. Ai[ conditioning ducts with |OoatiODS Of dampers, 8CC8SG dOOrG' fans and other items needing periodic Dl8iOt8O@OCe. * Field changes indimensions and details. * Changes made byProject K4en8ger'So[COnSu|t8Ot'SvvritteniO3tru{ti0nGUrbyCh8Og8 Order. ~ Details not on original COOt[8Ct Drawings. • Equipment, conduit, o|oCtriC8| panel locations. * Project K4anog8['S Or {}onSu|ioOt'S schedule changes according to Contractor's records and shop drawings. Specifications and Addenda: Legibly mark each section tOrecord: is K4anuhaotuFSr, trade nonne' C8\8|Og number and Supplier Vfeach product and item of equipment actually installed. N1 Changes made byProject Man8ger'SnrCOnSu|tont'SvvrittmOin3tructiOn3OrbyChang8 Order. Approved Shop Drawings: Provide record copies for each process equipment, pipiDg, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction Of new bui|diOg. Or building additions, field improvements, and Or n]odvV8y improvements as -built drawings signed and sealed by 8 Florida |iCeOSSd Registered Land Surveyor. In addition, for projects vvhiCh involve roadwork and dr8inoQD. Contractor shall provide complete 3S'bUi|t information relative to location, Size. and depth of new pipoS, rnenh0|8S. inlets, etc. |U8nbfv grading; include |OC8tiOn3 of fittings, valves, fire hydrants, changing in pipe nlot8[i8|S' water sampling points, thrust b|OCkS' benchmarks, etc. The infVrrnoUOD Shn|| be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes' inlets, [n8nho|eS' etc., Sh8|| be roCOnd8d by Florida Registered Surveyor and ShOvvn on the record drawings. 50 Douglas Park Environmental |TBNo.: 1546'017 The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub -Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager or Consultant inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. 51 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 Upon the receipt of all dOCUnnent8tOn' F8SO|utiOn Of any outstanding issues and iSSU8Ooe of final p@ynleOL the Project Manager or Consultant shall notify the Contractor in writing of the C|OSeOUt of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of 8UbStBOU8| Completion. Once substantial COnlp|9d0n is achieved the City shall be responsible for security, nl8iOteO8DCe' heat, uWiti8S, d@rnoQS to the Project Site, and inSUn]nC8; and Sh8|| list all Work yet to be completed to satisfy the requirements of the C0Ot[8Ct O0CUmOOtS for Final CO0p|SUOn. The hai|UnB to include any items ofcorrective Work On such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance COnlp|8UOn ofthe Work or designated portion thereof un|8SS otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon n8D8ict of written DOtiC8 from Contractor that the Work is ready for final inspection and 8CCept8OCe' Project Manager and/or Consultant shall, within ton (10) calendar days, make an inspection thereof. |fProject Menogerond/OrCOnsu|t8OtfindtheVVOrk8CC8pt8b|8'thePBquiSite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and n8gU|8tOry agencies have been met, e Final Certificate for Payment shall be issued by Project M8DGgS[. stating that the requirements of the Contract Documents have been performed and the VV0[k is ready for acceptance under the terms and conditions thereof. Before iSSu8DC8 Of the Final Certificate for Payment, Contractor Sh8U deliver 03 the Project Manager or Consultant a final release of all liens arising Out of the Contract [)OCUm9nt3, n8C8iptG in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety tOfinal payment; the final corrected as -built d[@vviDgG; operations and nl@iDt8O8OCe data, and the final bill of rn8te[i8|S' if required, and payment application. [|0ninantOr Sho|| deliver the written Contractor's and all K48Ouf8CtUPSr'S VVa[[8Oti8S prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full Cmnnp|8tiOD thereof is materially delayed through nofault OfContractor, and Project Manager 0rConsultant 3O C8rtifieS, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute awaiver Ofclaims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict 8CCOn18nc8 with the provisions of the Contract and identified by Contractor 8ounsettled Gtthe time Cf the application for final payment. 65. NPDES Requirements Contractor Sh8U comply with the State of Florida rules and regulations for the N8U0n8| POUut8rk Discharge Elimination System (NPOEG) including but not limited to all permitting, Notices of |Ot8nt, and the Storm VV8te[ Pollution Prevention Plan (8VVPPP). All costs for NPDES and SVVPPP Sh8U be included in the Bid prices. For further information on COnlp|i8OCe requirements for NPOEG and SVVPPP contact the City ofMiami Public Works Department 8t(3O5) 416-1200 or visit the State Of Florida vvebSite at http://vvvvv.dep.st8te.f|.uS/water/ntOrmvvotor/npdeS/. Contractor is responsible for obtaining, completing and paying for any required NPOE8 application orpermits that may b8required. 52 Douglas Park Environmental [TB No.: 1546'017 66. Force Ma'eure Should any failure to perform on the part of Contractor be due to a condition of force majeure83 that term |Sinterpreted under Florida law, then the City may allow 8Oextension Oftime reasonably commensurate with the cause Ofsuch failure tUperform 0rcure. If the Contractor is delayed in performing any obligation under the C0Ot[8Ct DOCUnn8Dt3 due to o fO[C8 nO j8Ur8 COOdiUOO' the Contractor shall request time extension from the City within two (2) working days of said force nn jeU[8 occurrence. Any time extension shall be subject to mU\U8| agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional Services one required. Do Not Include inclement weather except as permitted by Florida |8vv and may not include the acts or omissions Of Sub -contractors. 07. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privity Of COOtr8Ct with the Contractor for the purpose of this If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City Or by 8 Force MjeUr8, then the Contract Time set forth in the Contract Sh8U be extended by the City subject tO the following w The cause of the delay 8hSSS after inSu8OQ8 of the NTP and could not have been anticipated by the Contractor by p883On8b|e investigation before proceeding with the VVOrh; * The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; w The effect of Such cause cannot be avoided or mitigated by the 8x8nCi3e Of all reasonable precautions, efforts and measures whether before or after the occurrence Ofthe cause ofdelay. Note: A delay meeting all the conditions of the 8bOv8, shall be deemed on Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Contractor in support Of8 request for 8n extension of time was erroneous; provided hovveV8[' that such infOrnl8hOO or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project K4an8gervviUOOtrOSCindO[ShOrteD8nyextenniOOpnaViOuS|yQnsntedifthe Contractor acted in ne|i8OCe upon the granting of such extension and such extension was based on information which, although later found tO have been erroneous, was submitted ingood faith bythe Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knOvvS or should have known Of any cause for which it may d8irn an extension Of time and Sh@U provide any 8CtU8| or potential basis for an extension of time, identifying such C8USeS and describing, as fully as p[8otiC8b|8 at that time, the O8\Ure and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information ordocumentation, Gsthe Project K8on8gershaUne8SOn8b|yd8emn8C8S38[y0[h8|pfu| inconsidering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that itisentitled tOsuch extension. B Douglas Park Environmental [TBNo.:15'16-017 The Project Manager Sh3U endeavor to review and respond to the Contractor's request for Excusable D8|8yS in 8 re8SUO8b|8 period of time; however, the Contractor 3h8U be obligated to continue to perform the VVO[k required p9g8[d|esS Ofwhether the Project Manager has issued o decision or whether the Contractor agrees or disagrees with that decision. With F8g@[d to an injunction, strike or interference Of public origin which may delay the Project, the Contractor shall promptly give the Project Manager copy 0fthe injunction 0[other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become e party to any suit O[ proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting Ofthe Contractor tOproceed with the Work subsequent tothe date specified inthe Contract (as such date may have been extended by a change order), the making of any payment to the Contnactor, the issuance of any Change Order, Sh8U not waiver the City'S rights under the Contract, including but not limited to the assessment Of liquidated d8nnGgeS Or declaring Contractor in default. 68. Notification of Claim Any claim for 8change inthe Contract Time OrContract Price shall b8made bvwritten notice by Contractor to the Project Manager and to Consultant within ten /10\ business days Of the commencement of the event giving rise to the claim and stating the general nature and cause of the C|8inO. Ther88ft8r, within twenty (20) calendar days of the termination of the event giving rise to the C|airn. written notice of the extent Of the C|8inl with supporting information and documentation shall be provided Un|S3S the Project Manager OrConsultant allows an additional period of time to ascertain more accurate data in support of the C|8i[n and such notice Sh8U be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence Of said event. All C|8i0S for changes in the Contract Time Or Contract Price shall be determined by the Project Manager or Consultant in 8CCordaOC8 with Article 70, NO Damages for Delay, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes tOthe Contract time 0rContract price shall be waived ifnot submitted in StFiC1 eCCo[d8OC8 with the requirements of this Article. The Contract time will be extended in on amount equal totime lost on critical Work items due to d8|8y3 beyond the control of and through no fault Or negligence of Contractor if C|8inl is made therefore as provided in this Article. Such delays shall include, but not be limited to. acts nrneglect byany separate contractor employed by City, fires, f|OOdS. labor disputes, 8pidemios, abnormal weather conditions Oracts ofGod. 69' Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the CaUSeS mentioned inArticle 71,Excusable Delays, NOn-Connp6OS8b|e.the Contractor shall not b8entitled to 8 separate extension for each one of the C8US8S; only one (1) period of extension Sh8U be granted for the delay. 70. NoDamDaqes for DelaV No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by F88SOn Ofany delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indinsot, consequential, impact orother costs, expenses or damages, including but not limited to costs of 8CCH|en3tiVn or inefficiency, arising because of de|8y. disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unrGosonab|8, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude r8oOwary of d8rn8geS by Contractor for 54 Douglas Park Environmental [TBNo.:1S4G-)17 8{tu@| d8|8yS due SO|ek/ to fraud, bad faith Or 8Ctiws interference On the part Of City Or its Consultant. OthenwSe, Contractor Sh8|| be entitled only to 8Xt8nSioOS of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and tothe extent specifically provided above. NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no c|8inO for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City Orany Of its representatives (whether it is an Excusable Delay Orotherwise) and the Contractor agrees that any such claim oheU be compensated oV|e|y by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk Ofsuch delays, including without limitation: delays in processing or approving shop drawings, S8nlp|eG Orother submittals orthe failure to render determinations, 8ppn]v8|S, replies, inspections or tests of the VVD[k' in 8 timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable DelaV.No0-Cor0pensable ExCUS8b|a C)e|8y is (i) caused by CirCUnnstonC8S beyond the COOtrO| Of ControctOr, its subCOOi[8{tO[S, suppliers and vendors, and is also Caused by circumstances beyond the C0OtnD| Of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City OrConsultant. Then Contractor shall be entitled only to 8 time extension and OOcompensation for the delay. Contractor iSentitled tO8time extension Ofthe Contract time for each day the Work iSdelayed due to Excusable Delay. Contractor Sh8U document its C|8inn for any time extension as provided inArticle 08. Notification nfClaim, hereof. Failure Of COOt[8CtOr to COnlp|y with Article 68. Notification of C|8irn hereof OS to any particular event of delay Sh8U be deemed COnC|U3ive|y to constitute a vv8iv8r' abandonment or relinquishment Ofany and all o|ainn6 resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, 8tits own expense, establish all working and construction lines and grades as required from the Project COntn0| points set by the City' and Sh@U be SO|8|y responsible for the accuracy thereof. All work along the entire project shall be located and cODSt[UCt8d using the nOGdvvaybGSB/Center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager or Consultant shall have the authority to reject 0rdisapprove Work which Project Manager Or Consultant finds to be defective. If required by Project K48nogor or Consultant, Contractor Sh8|| promptly either correct all defective VVO[k Or remove such defective VV0rh and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such [B0OV3| or corrections including COSt of testing |obO[Gt0riHs and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager OrConsultant, City shall have the authority to cause the defective Work to be removed or corrected, Or make such repairs as may be necessary otContractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any nlOniBS duo or which may b8COrnS due to Contractor, or may be charged against the Performance Bond. |nthe event offailure OfContractor tOmake all necessary repairs promptly and fully, City may declare Contractor in default. 55 Douglas Park Environmental ITI3 No.: 15-16'017 If, within One (1) year after the date Of Substantial Completion or such longer period of time as may be prescribed by the terms 0fany applicable special vV8[[8ntv required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in 8CCOPd8nCe with the Contract Documents, {|Ont[3CtO[, after receipt of written notice from City. Sh8U promptly correct such defective or nonconforming Work within the time specified by City without C0St to City, to do GO. Nothing contained herein shall be construed to establish 8 period Of |innitadOO with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect i3discovered, orobligate City tofinal acceptance. 74. Acceptance of Defective orNon-Confor00i0q Work The City, in its sole discretion, may elect in writing to accept defective or nOn'CUOfU[nl|ng VVOrh instead ofrequiring its removal and correction. |Osuch instances, 8Change Order will beissued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. UncC^verinq Finished Work The Project M8n8Qer'O.|napeotor's8Od/O[CODSU|tant^srighttOnnokeiOSpSCtionsSh8||iOdudSth8 right to order the Contractor to uncover or take down portions Of finished VVOrh. The Project Manager /or COOSu|t8Ot Sh8|| notify the Contractor in writing concerning all UOCOv8r8d finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra VVOFk for the purpose Of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such'expenses shall also include repayment to the City for any and all 8xp8OS8S or COStS incurred by it, including employee salaries Or related cost, in connection with such uncovering, taking dUvVO' replacing and r8stVr8UOO at the Project site. 76. Correction ofWork The Contractor shall promptly correct all Work rejected by the Project Manager OrConsultant 83 defective or as failing to conform to the Contract DOCumeO\S' whether observed before or after Substantial Completion and whether Or not f8b[iC8ted, installed or completed. The Contractor shall bear all cost of correcting such rejected VVO[k, including the COSt of the City'S additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project K4GO8QG[ Or Consultant ofany Work not in accordance with the requirements of the Contract [)OCUnnents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project yWonaOe[ Or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City Sh8|| be entitled to all CoStS' including reasonable attorneys' fees, necessarily incurred upon the Contractor's r8fUSo| to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's 8xpense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or 56 Douglas Park Environmental [TBNn.:154H'017 not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of written DCtiC8 from the City to do so. The City shall give such notice promptly after discovery Cfthe condition. All such defective Or non -conforming Work shall be removed from the site ifnecessary and the Work shall be CO[[8Cted to comply with the Contract [)OCUm8OtS without cost to the City. 77. Maintenance of Traffic and Public Streets Scope ofWork The Contractor shall be responsible forthe maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control Sho|| be included iDthe Contractor's Bid. R8gu|oUOnS As used herein, any reference t0 Mi8nni-[)8d8 COVnty, its departments, or its published [egU|8U0no, permits and data, Sh8U be synonymous and interchangeable with other recognized governing bodies over particular onSaS or Stn88tS, or their departments, published regulations (i.e., Manual ofUniform Traffic Control [}8viCeS/MUTC[)\, FD(]T Roadway and Bridge Standard Index Drawing Book), permits or data. The COOt[8CtOr Sh8|| abide by all applicable |8vvS' n*gu|ati0OS' and codes thereof pertaining to Maintenance of Traffic /K4[)T\ OO public streets, detour of traffic, tnaMiC COntn}| and Other pn]vi3i0DS as may be required for this Project. Maintenance OfTraffic (MOT) • The Contractor shall be fully F8SpOnSib|8 for the K4[)T on public Stna8tS, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic COn\n]|, and other provisions, throughout the Project, as required by the K48nUo| of Uniform Traffic COOtn]| Devices (K4UTCO). and FOOT Roadway and Bridge Standard Index drawing Book. Traffic 3h8U be maintained according to corresponding typical traffic control details 8Soutlined in the previous noted standards. NOstreet shall be CVnnp|et8|y b|Onhed' nor blocked more than one-half at any time, keeping the other one- half Op8n for traffic, without specific approval. • |frequired bythe Project K4@n8g8rOrConSu|t8nt.TraffiCDiviSiOnorFD[>Torasothenwise authorized bythe Project K48n8gerorConSu|t8nt.theCOOtr8{torsh8||nn8keornangenl8OtS for the employment Of uniformed Off -duty policemen to maintain and regulate the flow Of traffic through the work area. The number ofmen required and the number Ofhours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City ofMiami Police Department. • The Contractor shall provide all barricades with warning |ight3, necessary arrow boards and SignS, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access ioall adjacent property during construction. • The Contractor shall be responsible for the prOviSiOn, installation and nnGiOten8nC9 of all MOT and safety devices, inaccordance with the Manual OfUniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT p|8OS for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed 57 Douglas Park Environmental |TBNo.:15-1G-017 and 3e8|8d by prof8SSk}O8| Engineer registered in the State Of Florida, employed by the Contractor and certified under FDDTProcedure NP|LNo. 825-01O-01O. w Where exC8v8dOnS are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by COOt@{tiOg the Sunshine State One -Call C8nter(1-80O-432'477O). 48 hours prior to any excavation. Any |OOp detector which is d@nnoged, whether shown on the P|8OS Or not, Sh3U be repaired or replaced to the S8U3t8CtiOO of the K4ienni Dade County Signs and GigO3| Division (Phone No.3O5-502-347U). • Where 8pp|iC8b|8' the Contractor shall notify the T[8fDC Division 24 hours in advance Of the construction date Or 48 hours in advance of construction within any signalized Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be n}Ut8d Over Svva|e or median areas. When the temporary pavement for n]UUng traffic is OO longer necessary, it shall be nanOOwed and the 3vvG|e or median areas restored tOtheir previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. &18inton8nC8 OfTraffic for Bypass Purnpinq * The Contractor shall take appropriate steps to ensure that all tBnlpO[8ry pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures * Where COOSt[uCUOO of the Project Sh8|| involve lane C|OSUreS pUb||C streets, the following shall apply: m Lane n|OSUreS require 8 Lane Closure Permit, obtained two vve8kS prior to planned C0DSt[uCtiOn' with o nnininnUnn 48-h0Ur prior notice to |oC@| police and emergency departments (some police jurisdictions may require considerably more notice). L8O8 C|OsunaS of One day or |eSS duration will generally not be approved for major CoUeotor streets or for arterial streets during the hours of 7am to 9arn and 4pm to 6pm weekdays. 78. Location and Damage to Existing Facilities. Equipment or Utilities As f8[ as possible, all existing utility lines in the Project(s) area(s) will be ShOvvD on the plans. Hovvever. City dO8S not gU8r8Dkae that all lines are shown, or that the ones indicated are in their true location. |tshall bethe Contractor's responsibility tOfield verify all underground and overhead utility lines or equipment affecting Or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan |oC8hOn Of Uh|i1ieS' and d8nn8geS suffered as o r8SU|t thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start 0fconstruction to arrange for positive underground |OC8tiVn, relocation orsupport [f its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All C0S1S of permanent utility n8|0C8tiOn to avoid conflict ShoU be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether ornot Said n8|OC@don is necessary to avoid conflict with other lines. 58 Douglas Park Environmental ITBNo.: 1546'017 The Contractor shall schedule the Work in such 8 manner that the Work is not delayed by the utility providers FS|OCskiOg or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. NO compensation will be paid to the Contractor for any |OSS of time Or delay. All Ov8[h88d' surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a r8oSOnab|8 time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be mad* to the satisfaction of the utility owner. All damaged Uti|ib8G must be n8p|8CGd Orfully repaired. All repairs are to be inspected by the utility owner prior to b8Ckfi||ing 79. Stop Work Order The City may, at any time, by written order to the Cont[8CtOr, require the Contractor to stop all, or any part, of the Work for 8 period of up to ninety (90) days (Or any lesser period), commencing OO SUOn8[ than the date the order is do|imanad to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as @ "Stop Work Order" issued pursuant to this paragraph. Within the period Of ninety (SO) days (or the |GsSe[ period specified) after 8 Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: • Cancel the Stop Work Order; Or • Terminate the Work covered by such order 83 provided in Article 87' Termination for COOv8OiBDC8. If o GtOm Work Order iSSUSd under this Article is canceled or the period of the Order Or any extension thereof expires, the Contractor shall nanunne the Work without compensation to the Contractor for such SuSpS0SiOD other than extending the time for Substantial COnOp|ed0n to the extent that, in the opinion of the Project Manager Or COnSuK8Ot, the Contractor may have been delayed bysuch suspension. |nthe event the Project K48nag8rorCoOSU|t8ntdetorrninesth8ttho suspension [fWork was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor Sh8|| not be entitled to an extension of time as a result of the issuance of Stop Work Order. 80' Hurricane Preparedness During such pHhOdS of time as are designated by the United States VVe8Vler Bureau as being @ hurricane warning, the Contractor, at no cost to the City. ShoU take all precautions necessary to secure the Project Site in [eSpOOS8 to all threatened storm events. reg8[d|8S3 Of whether the Project Manager or Consultant has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non- compensable, excusable delay, and Sh8U not give rise to o claim for COrnpensab|odelay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions Of the P jeCt/S\ Such possession and use Sh8U not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such pO3SBS3iOn and use increases the cost Ofordelays the Work, 59 Douglas Park Environmental |TB No.: 15-18-017 RmmmdiationProject —D2—B4UG13 Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, 8Sdetermined byProject K48O8gS[OrC0nsu|t]nL In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: VA CitySh8||givenoticetUCoOt[3CtO[iDVvriting8t|8@atthirty(3O)C8|enda[d8ySpriOrtoCitv'S intended occupancy Of8designated area. • Contractor shall complete to the point of Substantial COrnp|eU0O the designated area and request inspection and issuance of e Certificate of Substantial Completion from Project Manager O[Consultant. ° Upon Project Manager or Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent d8rn8gms of City and public, 8diU3trn8nt of insurance coverage's and start of warranty for the occupied area. � Contractor shall COnlp|8te all items noted on the Certificate of Substantial Completion within the time specified byProject Manager orConsultant Onthe Certificate ofSubstantial COrnp|EtiOn, as specified in the Punch List and [BqugSi final inspection and final acceptance ofthe portion Ofthe Work occupied. Upon completion offinal inspection and receipt of an application for final p3ynOent. Project Manager orConsultant Sh8U issue 8 Certificate ofFinal Payment relative tothe occupied area. In If City finds it necessary to OSCUpy or use a portion or portions Ofthe Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon byCity and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be C8noe|od or |8pS8d On account Ofsuch partial occupancy or use. Consent OfContractor and of the insurance oOrnp8ny or COnnp8OieS to such occupancy or use Sh8|| not be unreasonably withheld. 82. Cleaning Up; City's Right toClean Up Contractor Sh3U at all dnneS keep the premises free from 8CCUrnu|8hOn of waste materials or rubbish caused byits operations. NOfill Orclearing stockpiles tOremain oOsite for more than 24 hours. At the completion Of 8 P jSCt(S). Contractor Sh8U nenn0we all its vvGSto materials and rubbish from and about the Project(s) as well as its tOO|s. CVOStrUotiUO 8qUipnn8Ot, machinery and surplus nl8tSri8|S. If Contractor fails to clean up during the prosecution of the Work Or at the completion of the Work, City may dOSoand the cost thereof shall becharged toContractor. If dispute arises between Contractor and separate contractors as to their responsibility for cleaning up. City may clean up and charge the cost thereof tOthe COntnsct0[S responsible therefore as the Project Manager and/or Consultant shall determine to be just. All ConlUUstib|o m/3St8 materials shall be nenl0veU from the Project(s) at the end of each day. Cleaning Vp8r3tiODS ShOU|d be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor' if notified to do So by City' Sh8U promptly remove any part orall of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City'S On1er' the City shall have the right to remove such equipment and supplies at the expense of Contractor. 60 Douglas Park Environmental [TBNo.:1548-01T 84. Set-offs,Withholdin.qs and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be Sp8CifiC@||y 8UOvvSd in the Contract Or by @pp|iC8b|S |avv including, without |inliteUOn' the following: * Any amount Ufany claim by8third party; * Any Liquidated Damages; and/or * Any unpaid legally enforceable debt owed bythe Contractor tothe City. The City shall notify the Contractor inwriting nfany such withholdings. Any withholding, which is ultimately held to have been wrongful, Sh8U be paid to the COntn8CtO[ in accordance with the Local Government Prompt Payment Act 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those inSt8DC8S referred to herein as a breach, an Event of [}efGU|t' Sh8|| include but not limited to, the following: * The Contractor has not performed the Work iOGtimely manner; * The Contractor has refused or failed, except in C8S8 for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of Staff to perform the Work; • The Contractor has failed to make p[Onlpi payment to subcontractors Or suppliers for any services ormaterials they have provided; m The {}Ontn8CtOr has become insolvent or has assigned the proceeds received for the benefit of the Contractor's CreditOrS, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands Of8n8Ceiv8r� . w The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation Ofany warranties stated herein; • VVhen, in the opinion of the City, reasonable g[OUOdS for uncertainty exist with respect to the Contractor's ability to perform the VVOrk' the City Sh8|| notify the Contractor in writing that it nnunt, within the time frame set forth in the City'S request, provide adequate assurances and 8 plan of action to the City' in writing, of the Contractor's ability to per -form inaccordance with the terms ofthe Contract Documents. |Othe event that the Contractor fails to provide to the City the requested 8SSur8nC8s within the prescribed time frame, the City may: o Treat such failure 8S8repudiation Ofthe Contract and/0[; o Resort to any remedy for breach provided herein or by law, including but not limited to. taking Over the performance of the Work or any part thereof either by itself or through others. . • In the event the City may, at its sole discretion terminate the Contract for default, the City Or its designated representatives may immediately take pOSS8SSiOD of all applicable dOCurn8nt8tiOD and data. w Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86' Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such 61 Douglas Park Environmental [TBNo.:15-1G-017 default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under OO obligation to issue such OOUfiCaUOO. The City may grant an extension to the Cu[8 period if the City do80S it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its SO|8 diSCneti0n, may have 8 default corrected by its Ovvn forces or another contractor and any such costs iOou[F8d will be deducted from any sums due the Contractor under any contract with the Qty. 87. Termination for Default If Contractor fails to COnlp|y with any term Or oOOdiUOn Of the Contract OOCUrnentS' Or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City. the Director in addition to all remedies available to it by |8vv' may inn0edi8t8|y. upon written notice to CODt[8CtOr, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof Ororder a Work stoppage until such time as the issues concerning COnnp|i8nCe are resolved. COOtroCtO[ understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: � Contractor fails to obtain the insurance Or bonding herein required by the Contract. � Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period 8||Ovved to cure such default. w Contractor fails to COrnnnenCe the Work within the hnl8frGmeo provided or contemplated herein, or fails to complete the Work in 8 timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract L)OCUrnents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City'3completion and occupancy ofthe Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall bodeemed to have been occurred under Article 87.Termination for Convenience. The City in its SO|8 discretion may terminate the Contract without providing the Contractor written notice to cure. 88. Remedies in the Event of Termination for Default If Termination for Default occurs, the Contractor and the bond provider, if applicable) Sh8U be notified of the effective date of the termination and Sh8|| be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor Sh8U stop Work as of the date Of notification of the termination and immediately remove all |obn[' equipment and nl8t8[i8|S (not owned Or paid for bythe City)from the Work Site. The City assumes nOliability for the Contractor's failure tOremove such items from the Project(s) site(a)oe required. The Contractor Sh8U also remain |i8b|S for any liabilities and claims related to the Contractor's default. As an alternative tOtermination, the City may bring suit orproceedings for specific p8rfOmnaDC8 Vrfor 8Dinjunction 89. Termination for Convenience 62 Douglas Park Environmental [T8No.: 1546-017 In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); • Take such action as may be necessary for the protection and preservation of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. 63 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 The initial step Sh8U be for the Contractor to notify the Project Manager in writing of the C|8inn or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, Notices. 8h0U|d the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director ofO|TP, as identified in Section 2, Article 4, Notices. Upon receipt 0fsaid O0tifiCGdOn. the Assistant Director of CITP shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of CITP fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director 0fC|TP. F8i|Una to submit such appeal Of the written finding shall constitute acceptance Of the finding by the Contractor. Upon receipt ofsaid notification, the Director OfC|TP shall review the iS3u9S relative to the o|ainn or dispute and issue 8 written finding. Contractor must submit any further appeal in writing within five (5) calendar days LOthe City Manager. Failure to submit such appeal of the written finding shall COOSdtUte 8CCept8nC8 of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to COOtr@C\Or being eOUU8d to seek judicial relief in o0nOeC\iOO therewith. Should the 80OuOt of compensation hereunder exceed $100,000. the City Manager's decision 3hoU be approved or disapproved bythe City Commission. Contractor shall not be entitled tOseek judicial relief unless: (i) it has first received City Manager's written d8CiSiOO. approved by the City Commission if applicable, Or (ii) e period [fsixty (6O) days has expired after submitting to the City Manager detailed St8t8nlSOt of the dispute, accompanied by all supporting documentation, or period Of (80) days has expired where City Manager's d8dSiOO is subject to City CO00iSSiOn for approval; or (iii) City has waived COnlp|ionoe with the procedure set forth in this Article by written instrunnenKs\signed bythe City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the d6ternliO8iiOO nlUSt notify the other party iOwriting within four -teen (14) Co|eOd8[ days Of receipt of the written determination. The OOUCe must state the basis of the objection and must be accompanied by statement that any Contract price OrContract time adjustment C|8innHd is the entire adjustment tOwhich the objecting party has reason to believe it is entitled to as 8 result of the determination. Within Sixty /00\ no|eOd8[ days 8ft8[ Final CO0p|ehOO of the VVO[h, the parties shall participate in mediation to address all ObiSCtiDnS to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon bythe parties. Should any objection not beresolved inmediation, the parties retain all their legal rights and remedies provided under State law. Aparty objecting tO8determination specifically waives all of its rights provided hereunder, including its rights and remedies under State |8vv' if said party fails to comply in strict oocOrdaOog with the requirements of this Article. 91' Mediation -Waiver ofJury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of P jeCt(S). and/or following the completion of the P ject(s), the parties to this Contract oQnso all unresolved disputes between them Sh8U be submitted to non -binding rn8di8tiOO prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Medi8tOr, who the parties find mutually 8CC8ptGb|e, will conduct any Mediation Proceedings inMiami-Dade County, State OfFlorida. The parties will share the costs ofacertified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all 8ub-COOt[8CtOrS retained for the VVork, thereby providing for non -binding nlGdi8tiOO as the primary mechanism for dispute resolution. 64 Douglas Park Environmental DlB No.: 15'16'017 In an effort to expedite the C0D{JUSiOn of any litigation the parties voluntarily waive their righttO jury trial O[tOfile permissive counterclaims in any action arising under this Contract. 92. City May Avail Itself ofAll Remedies The City may avail itself Ofeach and every remedy herein Sp8dDCaUy given to it now or existing at law Orin equitv, and each and every such remedy shall be in addition to every other remedy nOspecifically given orotherwise S0existing and may be exercised from time totime and 8Soften and insuch order 8Smay bedeemed expedient bythe City. The exercise Orthe beginning Ofthe exerCiS8, of one remedy shall not be deemed 8 waiver of the right to exercise, at the S8nne time or thereafter, Ofany other remedy. The Citv'S rights and remedies as set forth in the Contract C)OCunlOOtS are not exclusive and are in addition to any other rights and remedies in law O[iO equity. 93. Permits, Licenses and Impact Fees All applicable permit fees, including those GsSSS38d by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the 8{tu8| construction of the P jS{t(S), including but not limited to, |ioenS8S. permits and fees, such as Permits for dunlpSt8rs, job trailers, etC., which may be required by Miami -Dade County, the 8\8t8 Of Florida, Orother governmental entities. Except as Oth8nmi38 provided within the Contract OOCUnnentS' all permits and |ioenSoS required by federal, state Or |Ooa| |evvs. rules and F8gU|otiUOS necessary for the pnJSeCuUnn of the Work undertaken by Contractor pursuant tOthe Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all p8[3On3 working on the Project(s) for whom 8 Certificate Of Competency is required. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the 8Ctu8| GnnVuDt of the impact fee levied by the public entity as evidenced by an invoice Orother acceptable documentation iSSU8d by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building Department's Fees such as, Master Permit, Major Trades, [Wech8DiC8|. Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, ExcoV8UOn' Devv@t8riDg and NPOE8 Fees, and Zoning Department's Fees) by Virtue of this construction as part of the Contract Sh8U be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice o[other acceptable d0CUrnHntatiDD issued by the public entity. Permit Fees reimbursement to Contractor shall b8for the 8CtVa| amount and in DO event shall include profit 0roverhead ofContractor. Permit fees related the Contractor's operations (e.g. permits for du[npGterS, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws All work shall be constructed in accordance with the latest edition of the City of Miami's contract documents and specifications, the City of Miami's Standards for Design and Construction as well 8Sthe Miami -Dade County'SStandard Details, and the 2007Edition Ofthe Florida Department 0f Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable |8vVS. regulations, building and construction codes of the Federal government, the State of Florida, the County, and the City. 65 Douglas Park Environmental |TBNo.:15'1G-017 The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes Of Miami -Dade County and the City 0fMiami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere inthe City. 95' Independent Contractor The Contractor is engaged as on independent bUsiOS3S and agrees to p8rfO[nl VVO[h as an independent contractor. In 8CCord8OCe with the status Of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that St8tUS. that the Contractor will not C|@inn to be an officer or employee of the City for any right or privilege applicable to on OfhC8[ or employee Of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; SOCio| security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone Sh8U be responsible fortheir Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those Of any person, firm. company, 8Q8DCy association, corporation, or organization engaged by the Contractor as 8 subcontractor, expert. CODSU|t8nt' independent COntnaotors. SpeCi8|iSt, trainee, employee, servant or agent O[for taxes Ofany nature, including, but not limited to: Unennp|oynn8n1 insurance; vVorh8['S COrnpeOS8tiOD and anti -discrimination, Or vvOrkp|8CS legislation Of any kind. The Contractor hereby aQna8s to indemnify and hold harmless the City against any such |i8bi|iti8S, owan if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent tO create any rights or obligations in any third person Or entity under this Contract 87. Successors and Assiqns The performance of this Contract Sh8U not be transferred p|edged, sold, delegated Or oSnignod, in vvhO|e Or in part, by the Contractor without the written CVO3Snt of the City. It is understood that esale nfthe majority Ofth8StOCk0[pertnerGhipSh8n850ftheContr@[tOr.8rnergerorbU|kS8|e' an assignment for the benefit of creditors shall each be deemed transactions that would constitute 8nassignment Orsale hereunder requiring prior City approval. Any tr8OSf8n2noe without City 8ppnJv3| shall be C8VSe for the City to nullify this Contract. Any 8sSi8OnlSnt without the City'S COnSSDt shall be nU|| and void. The Contractor shall have no recourse from such C8nC8||aUon. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in o form satisfactory to the City Attorney as o condition precedent to considering approval Of@nassignment. The Contractor and the City each binds One another, their partners, successors, |eQG| representatives and authorized assigns to the other party of this Contract and to the p8rtO8[S' nuCo8SsOrS, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver ofBreach City and Contractor agree that each requirement, dUty, and obligation set forth in this Contract Documents is substantial and important 10 the formation of the Contract OOCunOOOtS and, therefore, isamaterial term hereof. 66 Douglas Park Environmental [[BNo.:15'1G'D17 RmmediotionProject —D2—B-4UG13 City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision Ormodification Ofthe Contract Documents. Awaiver Ofany breach ofaprovision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severabilitv In the event any provision of the Contract Documents is determined by a Court Of COrnoatent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents Sh8U continue in tUU force and effect. Notwithstanding the fOn8g0iDg, if the result of the deletion of such provision will materially and adversely affect the rights of either p8rty, such party may elect, at its option, to terminate the Contract in its entirety. An e|8CtiOO to terminate the Contract based upon this provision 3h8|| be made within seven (7) calendar days after the finding by the court b8COnneS 100. Applicable Law and Venue of Litiqation This Contract will be interpreted under the |8vvS of the State of Florida which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exC|USiw3 venue for the enforcement of same ShoU lie in Miami -Dade County, Florida. The parties waive any objections tOvenue. 101. Amendments NO modification, 8nnendrn8nt. or alteration in the terms or conditions contained herein 9h8|| be effective uO|8SS contained in a written document pnap8n3d with the same or similar formality as this Contract and executed by the City M8n8ger, Director 0rdesignee. 102. Entire AqreenteMt The COOt[8Ct [}Onunnmnts, as they may be amended from time tOtime, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, Ch8Og8d' modified, orotherwise altered inany respect, @tany time after the execution hereof, except by8 written document executed with the same formality and equal dignity herewith. Waiver byeither party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver 0fany other breach Ufany provision Ofthe Contract Documents. 103' KJx}ndiScriO0inQtion, Equal En0ploVmOent OpportunitV. and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its Op8F8tiODS and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor Sh8|| affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles | and || Ofthe ADA(regarding nondiscrimination On the basis of disabi|ity\, and all applicable [8gU|8tiOnS. guidelines, and standards. In addition, Contractor nh8|| take affirmative steps to ensure nondiscrimination in 8nnp|DyDlent against disabled pe[SOOo. Contractor's decisions regarding the delivery Of services under the Contract Documents 3h8|| be made without regard to or consideration Of race, age, [e|igion. CO|Or' gender, SexU8| orientation, national OrigiO, marital status. physical Or mental disability, political affiliation, Or any other factor which cannot be lawfully used as a basis for service delivery. 67 Douglas Park Environmental [TBNo.: 1616-017 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be C0r0p|etHd by the City. A copy of each performance 8v8|u@tiOD Sh8|| also be forwarded to the Contractor. The perfO[nl8nC8 evaluations will be kept in City 08S for Sv8|uoiiOO on future 105. Commodities 0DanufactWred, qroVVn or produced in the City of Miami, Miami -Dade County and the State of Florida VVhBO8v8r two or more competitive sealed bids are received, One or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, qu8|ity. and service, the nornnnOdiheS manufactured, grown, O[produced within the City of Miami, Miami -Dade County and the State of Florida Sh8|| be given preference. 106' Royalties and Patents All fees, [Oy8|ti8S, and d8i0S for any invention, or pretended inventions, or patent Ofany 8rtiC|8' rnater\8|' arrangement, appliance, or method that may be used Upon or in any 08ODe[ be connected with the construction Of the Work Orappurtenances, are hereby included inthe prices stipulated in the Contract for said VVO[k. 107. Continuation of the Work Any Work that COr0rnenoeG prior to and will extend beyond the expiration date of the current contract period shall, unless terminated bymutual written agreement between the City and the involved CODtr8CtOr, continue until completion at the S8nne prices, te[rn3 and conditions. 108' Review ofRecords City shall have the right to inspect and copy, 8tCity's expense, the books and records and eCCOuOtS Of Contractor which relate in any way tO the Pr jeot(S), 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 a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll [8COrdS' invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records SUNeCt to the provisions Of Public Record Lavv, Florida Statutes Chapter 119' shall be kept in accordance with such statute. Otherwise Contractor Sh8|| retain and make available to City all such books and records and accounts, financial Orotherwise, which relate tOthe Project(s) and to any C|8irn for 8 period of five (5) years following Final Completion of the Pr jent(S). Contractor shall additionally COnnp|y with Section 119.0701. Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily vvOU|d be required by the City to perform this service; (2) provide the public with BCC8sS to public roCO[dS On the S80e terms and COOditi0DS as the City would at the cost provided by Chapter 119, Florida Statutes, Or as otherwise provided by |8vv; (3) ODSUro that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by |ovv; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt Or confidential and exempt from diSC|O3urS requirements; (5) All electronically stored public records must be provided to the City in @ format compatible with the Ci\y'S information technology systems. 68 Douglas Park Environmental |TBNo.:154G-017 The Contractor agrees to maintain an accounting syshsnn that provides for accounting [8COndS that are supported with adequate documentation and adequate procedures for determining 8UOvVab|e COStS. Contractors Sh8U develop the proper fO[[nS and reports acceptable to the City for the administration and management ofthe Contract Documents. 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all n|einns for damages of any type, shall not be subject to interest including, but not |inlit8U to prejudgment interest. However, the provisions Of Section 218.74(4)' Florida Statutes as such relates to the payment of interest, Sh8U apply to valid and proper invoices. 110' Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may n8@SOnob|y be necessary to ensure completion of the Project(s) with respect to defective Work, equipment Or materials which may be identified by the Project K4oO@ge[. The City may deduct from any payment due the Contractor 8namount equal tOits cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, Sh@U give the Contractor notice of the defective VVOrk' equipment Or material and the basis for the withholding or deduction. Upon the Project K4Gnager'sdetenninotionth8ttheCODtn8CtOrh8ShJ|fiUeditSob|ig8tiOOS.theCitv will pay the Contractor any monies ovved, subject to Contractor's submission Of, Or COmp|i3OCe with, any remaining documentation or obligation, as the C8S8 may be, in accordance with the Contract Documents 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right' dM8 0rinterest iOO[tOthe same Orany part thereof without the previous consent inwriting ofthe City, such action shall be an Event Of Default. Nothing herein Sh8|| either restrict the right Of the Contractor to assign nlUOi83 due to, or to become due Or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 112. Agreement Limiting Time inWhich to Bring Action Against the City In the event the Contractor may be deemed to have 8 C8USe of action against the City, no action shall lie Orb8maintained bythe Contractor against the City upon any claim arising out OfOrbased upon the {|OOt[G(t Documents by reason ofany act or omission or requirement ofthe City Or its agents, uO|8SS such action shall be nOrnmenCSd within six (5) months after the dote Of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion ofthe Work or upon any C|8inl relating to mUOi8S required to be retained for any period after the issuance of the said certificate, unless such action is commenced within Six (0) months after such monies beCOnn6 duo and payable under the t8[nlS of the Contract [)OSUrnents' Or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination 0rdeclaration ofabandonment bythe City. 113. Defense of Claims Should any c|oinl be nl8d8 or any |8g8| action brought in any way relating hereto or to the Work hereunder, except GS is covered by the provisions of the General Terms and Conditions §O 69 Douglas Park Environmental [TB No.: 15'16-017 ("Indemnification") the Contractor shall diligently render to the City, after additional compensation is mutually 8gPS8d upon, any and all 8SSiSt3nDe which the City may require of the Contractor. Additional CO0p8nS8tiOn will only be furnished relative to the COStS Ofany corrective Work aS defined in the General Terms and Conditions §1 which is not the fault Of the Contractor, the Contractor will be n8SpOOSib|e for payment of attorneys fees and COSLS incurred in defense of the Contractor and Ofthe City. 114. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to |oCk of funds, reduction of funds 80d/O[ Ch8O8e in regulations, upon thirty (30) days notice. 115. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the SUtjHot matter hereto unless acknowledged in writing bytheir duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not 8 parent Orsubsidiary ofo party Orotherwise related (by virtue of ownership control or statutory control) t08 party. In those situations vvhena the COOt[8Ct [)OounlentS irnpOS8S on indemnity obligation On the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should sOchoose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such d8inn' and thereafter seek indemnity for such COSt from the Contractor. 116. Contract Extension The City reserves the right to oxonoiso its option to extend the Contract for upto nineh/(9O) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in vv[ihOg of such extensions. 117� Non -Exclusivity It is the intent Of the City to enter into 8 Contract with all SUocmSSfU| Bidders that will satisfy its needs aSdescribed herein. HOvv8v8r' the City reserves the right' as deemed in its best interest, to p8rfOrm, orcause to be performed, the Work and smrViCeS, orany portion thereof, herein described in any nl@OOe[ it sees fit, including but not limited to: 8m/8rd ofother contracts, use of any contractor, Orperform the Work with its own employees. 1% Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide fU|| and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of P[ jeCt(S). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract [)OCurnSntS. and the Contractor shall perform the Sann8 as though they were specifically mentioned, described and delineated. The Contractor shall furnish all |abor, materials, tOo|S' SUpp|imS and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction Ofthe Project Manager. 70 Douglas Park Environmental [TBNo.:15'1G'O17 119. Contract Documents Contain all Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed UpOD by the parties hereto, and no other agreement, Or8| Or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties heretO. or to vary any of the terms contained herein. 120. Survival The parties acknowledge that any of the obligations in the Contract OOCUnnents will survive the term, termination and cancellation hereof. A000rding|y, the respective obligations of the Contractor and the City Under the Contract, which by nature vvOU|d continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration thereof. 121. Disclosure of State Fundinq.if applicable' If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the 8nnOUOt of such funds or the percentage of such funds as COnlp8n3d to the anticipated total cost Ofthe personal property or construction services. 71 Douglas Park Environmental DlB No.: 1546'017 Section 3-Supplemental Terms and Conditions Contract Time & Hours The Contractor Sh8U furnish all labor, nl8t8ha|S' EqUipmHnt, tOO|s, services, and incidentals to complete all VVO[k at 8 rate of progress that will ensure completion Ofthe Work within the Contract Contractor shall have Three Hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional Thirty (3O) calendar days toachieve Final Completion Vfthe Project. The Contractor shall maintain strict adherence to the mandated contract time and schedule due tothe time sensitive nature 0fthe pnOieCt'3fUndinqsources. Work shall be performed Monday through Friday from 8:00 o0 to O:OO pm. Any Work to be performed outside of these hm8S nnUSt be requested in writing to the Project K4anager4O hours prior to the requested change. The Project Manager will notify the Contractor in vv[ibOg of any changes iDapproved Work hours. 2. ProqneeePaVnnents Mobilization Partial Payments: When the proposal includes separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For contracts of 120 contract days duration or less, p3rU8| p3y0Srk will be made at 50% of the bid price per month for the first two months. For contracts iDexcess Of12Ocontract days duration, partial payment will be made at 25% of the bid price per month for the first four months. In no event shall more than 50% of the bid price be paid prior to commencing construction on the project Total p8rh8| payments for Mobilization OO any project, including when more than one project or job is included in the Contract, will be limited to 10% of the original Contract 8nOOuOt for that project. Any remaining amount will be paid upon completion of all work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than 000a e month Or upon completion and Final Aoo8pt8OC8 of the Work. Bidders will be paid based on the line item bns8kdOvvn. contained in the Bid Form, with payments based On 8Ctu3| Work performed. All applications 3h8U be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. VVh8r8 the time frame for completion Of the VVO[h is less than Or equal to One month or 8 Schedule of Vo|ua3 is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for p8yrn8Ot Sh8U include, but is not |inlit8U to, an updated progress schedule as required by Section 3, Article 5 of the GUpp|enneOt8| Terms and Conditions and o partial or final release Of liens Or consent of Surety na|odv8 to the VVOrk, vvh/Ch is the subject of the application for payment and any other information required by the Project Manager OrConsultant. Each application for payment shall be submitted in triplicate for approval. City shall nn8k8 payment to Contractor within thirty (30) days after approval of Contractor's application for payment. 72 Douglas Park Environmental [TBNo.:15'1G-017 Ten percent (1O%) Of all nnOni8S 88Dled by Contractor shall be retained by City uOh| Final Acceptance bythe City. Any interest earned 0nret@inogeshall accrue tnthe benefit OfCity. All requests for r8t8iO8g8reduction shall b8iOwriting in8separate stand-alone document. City may withhold, in vvhO|e or in part, payment to such extent as may be necessary to protect itself from loss Onaccount of: • Defective Work not remedied. = Claims filed Orreasonable evidence indicating probable filing ofclaims bvother parties against Contractor, orCity because CfContractor's performance. ° Failure of Contractor to make payments properly to Subcontractors or for material Or |8bO[. • Damage tOanother contractor not remedied. = Liquidated denn8OeS and costs incurred by City and/or Consultant for extended COOStrUCtiOn administration. � Failure Of Contractor to provide any and all documents required by the Contract Documents. |ninstances where multiple Project Gr8Gvv8rd8dtheCOntraotorsh3USUbnlitS9p8r@fe8pp|iC8UonS for Payment for each Project. When the above grounds are removed or resolved satisfactory tOthe Project K48Oegor' payment shall bemade inwhole O[iOpart. The City will pay, and the Contractor shall accept as full compensation for the Work, the SunnS specified in the Contractor's 3UbOlitt8| to the COOfn8Ct Documents, 83 accepted by the City. COOtr8C\O[ may be paid for nn8tSri8|S or equipment purchased and StOnad at the Project(s) Site(s) or another location. VVh8r8 o payment request is made for nl8te[i8|S Or equipment not incorporated in the P jeot(s). but delivered and suitably stored at the site or at some other |OC8tiOO agreed upon in writing, the written documentation r0USt be submitted at the time Of request for p@yrneDL Payment shall be conditioned Upon submission by the C0Otn8CfOr of paid invoices and an executed Material PUnCh@S8d/8tOrSd Dn'PrenninesfOrn0 tOestablish the Qty's title to such materials or equipment, or otherwise protect the City'S intenB3t, including applicable insurance inthe name ofCity and transportation k}the site. Contractor retains SO|8 liability to replace such stored nn8terie|a or equipment as 8 result of damage orloss for any reason. Liquidated DaO0aqes The Contractor is obligated and guarantees to complete the Project in the time Set forth in the Contract OOCunnentn or any approved extension of time the Contractor shall pay to the City liquidated damages as fO||Ow8. In the event of delay in Conlp|ShOD beyond th9timefr8nle Set forth in the Contract Documents for Substantial Connp|eUOD the Contractor shall pay to the City for each and every calendar day of UDSxCuS8d delay, the SUnn of Two Thousand, Eight Hundred, Seventy -Six DO||8[S ($2'876.00) per calendar day, which is hereby agreed upon not as 8 penalty but 8Sliquidated damages. In the event ofadelay iOcompletion beyond the dnnefnarneset forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day 0funexcus8d delay, the additional sum OfOne Thousand, Four Hundred, Thirty'EightUo||ars /$1.438.00\ per calendar day, which is hereby agreed upon not ooa penalty but as liquidated dorn8QeS. The Contractor will be notified Of any approved exceptions Or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with 73 Douglas Park Environmental [[BNo.: 1546-017 the City. In case the amount, which may become due hereunder, nh8U be less than the amount 0fliquidated damages due the City, the Contractor shall pay the difference upon demand bythe City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid iOfull tothe City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values Sh8U indicate 8 complete breakdown Of |8bO[ and material Of all categories Of Work On the Project. Contractor's overhead and profit 3hOU|d be as separate line items. Each line item shall be identified with the number and title ofthe major SpeCifio@tiOnS8CtionO[nn jO[COmponentS0fthe items. The Project Manager or Consultant may require further breakdown after review ofthe Contractor's submittal The City reserves the right to require such information from the Contractor 8Smay bHnecessary tndetermine the accuracy Ofthe Schedule ofValues. The combined total value for nnUbi|iz8UOn under the Schedules of Values Sh8|| not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5' Project Schedules Contractor shall submit 8proposed Project GChedu|o8SfOUovvs: = Schedule identifying all tasks within the ChUC8| path. The proposed Project schedule Sh8|| be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project K48O8g8r and CoOSU|t8Dt'S review. Subsequent to such review Of said schedule the CoOt[8ttO[ Sh8U establish said schedule osthe baseline schedule. � All updates of schedules 3h8|| be tracked against the baseline schedule and Sh8U be at8minimum submitted with each pay application. Anupdated schedule against the baseline Sh8|| also be submitted upon execution Of each Ch8Og8 order that impacts the Contract Documents Time for completion. Failure tosubmit such schedules shall result iDthe rejection0fany submitted payment application. ° All Project Schedules Sh8U be prepared in Microsoft Project 2003 Or later unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit hard copy 8Swell as on electronic version. Such 8|eCt[OniC version Gh8U not be submitted in a pdf fOmnot and Sh8U be capable of being iOCO[pO[ot8d intOthe City^o b@s8|iO8 schedules. � Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule 8Gthe "baseline SChedu|e"Contractor shall then prepare and submit all updates tOthe schedules utilizing the tracking mode within Microsoft Project. 0. Release of Lie ns/SWbcontractor`S Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such p8ynnBOt by the Contractor, free and clear of all |i8nS. C|GinnS' security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any Other person performing Work at the Site Or furnishing materials and equipment for the P ject/n\. subject to an agreement under which an interest therein or an 74 Douglas Park Environmental |TBNo.:15- 6-017 encumbrance thereon iSretained by the seller Orotherwise imposed by the Contractor Orsuch other person. The Contractor 3h8U' beginning with the second request for payment, attach a Partial R8|e8Sm of Li8n/8UboOntnso1Or'S Statement 0fSatisfaction for each app|io8h0D for payment. Failure to submit such documentation may delay payments. The City may, inits sole discretion withhold payments for VVO[k performed by Subcontractor vvhe[8 no r8|o3S8 Of lien has been submitted. The CODt[8CtOr Gh8U submit with the final payment [8qu8St' for any Project(s) where subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as e final. Failure to submit such documentation will result in delay in poynn8Ot or the City withholding from the OD@| payment such funds 83 O8CeSS8ry to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release Of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City F|e|e8Se Of Lien, Affidavit and Consent ofSurety forms or the Application for Payment will be rejected. 7' Proqres5 K8eetinqs The City Sh8U conduct a pre -construction conference prior to the COnl[n8nC8nnent of the Work. Contractor shall hold pn]gr8SS and coordination meetings as required by the Project Manager or EOgiOeer, to provide for the Unne|y completion of the VVO[k. Contractor shall arrange and conduct regular bi+weeh|yjob Site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job Site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, [8SpOnSibi|ities, and identification of authority for all parties to clearly understand. During these nnentin8s. Contractor shall identify the party or parties responsible for following Up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party orparties. Contractor Sh8|| revisit each pending item at each subsequent meeting until r8SO|UtiOD is achieved. Contractor shall attempt to obtain from all present any potential pnJb|e03 or delaying event known tOthem for appropriate attention and resolution. Contractor shall beresponsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor ShGU arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor Sh@U maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor 3h8U pna98n8 and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 8' Request for Information The Contractor shall submit Request for Information /RF|\vvhere the Contractor believes that the Contract Document's specifications or drawings are unclear orconflict. All n3qU8StS nluS\ be submitted in o manner that o|88r|y identifies the d[8vviO0 and/or specification 3HCtiOD where clarification or interpretation is being requested. As part of the RF|. Contractor shall include its recommendation for resolution. The Consultant and City'n Project Manager shall respond in vv[iUDg 9. Project Site Facilities The Contractor ShoU arrange for all Project(s) site facilities as rn8vbe necessary to enable the Project Manager or COn3U|t8Ot to perform their respective duties and to 8CCOnnrnOdate any representatives of the City which the City may choose to have present at the Pr j8CKS). 75 Douglas Park Environmental [TBNo.: 15-16'017 Contractor's, Sub -Contractor's, supplier's, nl8teh8| p8[SVD3 p8[SODOe| Sh8U not use the City reStroonnsthat may bSavailable 8tthe P j8uVS)SitevvithOUtthepriorCoOSentOfthem@D8ge[of the facility Orthe Project Manager where there iSOUmanager Of8facility. The Contractor shall provide and maintain at his Ovvn expense, in o sanitary condition, such accommodations for the use of his ernp|Oye8S as is necessary to COnnp|y with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub - Contractors ShGU COnnnnit no public nuisance or use any facilities that have not been specifically provided for use bythe Contractor. The COOt[8CtOr shall furnish an adequate supply Ofdrinking water for its and its Sub -Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not Cnaote 8 nuisance to the City Orthe public. The |OC8tiOn of the temporary facilities shall b8subject tOthe approval ofthe Project K4aO8g8[OrCOnSu|tant. COOt[8Ct0[ is required to provide any necessary temporary utilities to the Site, such as electric, water, and sanitary services t0the site for new construction oradditions toafacility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the SO|e discretion of the Project Manager and the City. The Contractor 3h8|| be required to obtain all necessary permits required for any Project(s) site facilities. Contractor Sh8|| also be responsible to maintain such facilities in 8 safe and vVO[kiOQ condition. All such facilities nsnl8in the property of the COOtraCh][ and the COOtn]Ct}r 3h8U be responsible for removal and disposal Ofsuch facilities prior tOFinal Acceptance. 10. Inspection ofWork Contractor shall notify the Project M8nager8ndCOnSU|t8ntat|885t48hOurspriOrtnCVnO0eOoing Work onthe following: ° Storm Drain * Gubg[@de—submit and have approved densities prior toplacement Ofrock * Limerock Base — submit and have approved densities and as-builts prior to placement of any asphalt 11- Security The site where the Work is to be per -formed may not b8 osecure site and the public may have access to the site. The Contractor shall have S0|e responsibility for the Security Of all Work rn8Leria|S. tOO|S. equipment and Work at the Project(s) Site. The City Sh8|| not be liable for any damage or |0SS to such nn8te[i8|s. <OO|S, equipment and Work and the Contractor shall be [eSpODSib|8 for the repair or [ep|ao9nOeOt of all Work such materials, tOU|S' and equipment. 12. Construction Siqnaqe Contractor will typically be expected to furnish and iOSt@|| 8 minimum of two signs in addition to construction related signs such as warning SiQOS. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project(s) Site(S) as follows: � The first sign 3h8U b84feet wide and Ohaet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The Sign Sh8U be mounted on 4 inch Squ8F8 vvOOd Or perforated ^U^ channel nnete| posts painted white, and be readable at eye level. The colors to be used on the sign are as 76 Douglas Park Environmental [TB No.: 15'16'017 fOUoxvS: the background shall be white with blue lettering; the seal shall be white and gold with b|U8 lettering form. • The S8COnd sign Sh8U [of8Ct other funding sources for the Project and Sh8U reflect the Project information. The sign ShG|| be 4feet wide by 8feet high by 1/4 inch (thick) exterior p|yvvOOd. suitably mounted and readable at eye level. The colors Sh8|| be b|US and white. The background shall be white and all lettering shall be blue He|vehCo. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. w The CODtr8CtO[ Sh8U also post appropriate construction site warning signs at the VVO[k Site. Such signs shall beposted towarn pedestrian and vehicle traffic. Gign8geshall also be placed waterside to alert boater to the construction zone, requiring idle speed and a nliniDlUnn d88r8DC8 distance. Contractor shall provide drawings for the Sign8g8, which shall b8subject t0approval bythe Consultant. * The Project K43n8Qerondth8CitvSh8Uappr0vethe|oC8UOn3h]raUsigO8ge. 13' Construction Photoqraphs Contractor shall submit with each application for payment photographs that accurately reflect the progress 0fthe work. Contractor shall submit once copy of each photograph in print and digitally. The photographs Sh8|| be printed OO 8"X10^' high resolution g|OSSy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will betaken On8bi'nnOnth|ybasis. 14. CitV Furnished PropertV Contractor shall preserve all street signs, parking rneterS, benches, traffic CoOtnO| SiQOS, eto, when directed to by the Project Manager o[Consultant and 3h8U reinstall or provide to the City as 16. Field LaVout of the Work and Record Drawinqs for Drainaqe Projects The Contractor through the services of State of Florida Registered Professional Surveyor and Mapper (P.S.K4.), shall establish the |iO8 and b9DChnO8rkS and other reference points for the installation of the pipeline or StrUCtU[B For pipelines, this will consist Ofestablishing all points of bend (but not necessarily bevel pipe un|8SS in C|O3e proximity to Othe[f8Ci|ities). v8|mss. tees, CrOSSe3 and other stations not more than 100 feet apart along the proposed centerline of the pipe, or along a stationed offset line as shown OD the P|8n5' marked by O8i| in @ nlot8| cap if in p8venOent, with the station painted nearby or by nail in the top of vvUOdSO stake driven flush with the ground with the station marked OO 8 flag stake nearby, ifnot iO pavement. For structures, this will consist ofbase lines, stakes at corners, centers and center lines, auxiliary lines and obench mark from which tOestablish the elevations. The Contractor shall make his equipment and rn8n available to the Inspector for spot-checking the accuracy Ofthe Work. The Project M8naQerorCoOsu|t8nt3ha||naquir8th8VVOrhh]bebrOught within the tolerances specified elsewhere before backfill is placed or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and other VVorh8ndSh8Uprmp8noneoVrdor"8O-bUi|1"d[8vvingSOfthesannevVhiCh8n8SiDnedondseo|edby 8 State of Florida Registered Professional Surveyor and K4@pper(P.G.M.). Contractor shall deliver 77 Douglas Park Environmental |TBNo.:15'1G-01T RemediadiunProject —D2—B'4OG1J these records in good order to Project Manager or COOSUlt@rk as the VVO[h is completed. The Contractor Sh8|| supply the Consultant with o copy of the Registered Land Surveyor's layout of the VV0rh inn[nmdiotm|y upon its availability to his ovvO forces. The cost Ofall such field |8yOUt and recording work iSincluded iDthe prices bid for the appropriate items. All record drawings shall be made oOreproducible paper and shall b8delivered tOProject M8D8ger0rConsu|t8Otp[iO[tO'8Od 8S@condition of, final payment. During the entire construction operation, the Contractor Sh8|| retain the services of 8 State Of Florida Registered Professional Surveyor and Mapper (P.G.K4.)who Sh8|| maintain records Ofthe inata||aiion, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and 8CCUr8t8|y all changes and deviations nnodo during COnst[uohUD, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall besubmitted tOthe City OO8monthly basis. Recording OfProject F|eoord ° Record all information for pipeline projects and On -Site projects concurrently with construction progress. " [>O not COnCe8| any work uOU| as -built iOfO[nn@ti0n is recorded by the Contractor and the City. = All locations for future connections or tie-ins shall be left unburied and uncovered until the City'S surveying forces obtain and [8oOnd the as -built information. This is iOaddition tOthe C0Dt[8{tO['s [8CO[ded iDfO[nl8UOn. * Restrained pipe. end line valves, thrust b|oohS need to be left uncovered for the last complete length. |n|ineva|veG and tees shall be left exposed for 1 length On both sides plus the face end. Record the elevation, deviation from horizontal and vertical 8|igOnO8Ot and the inclination for, these items. * Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by Florida Registered Professional Surveyor and &18pper(P.S.K4.). * For Pipe Installation In All Pipeline Projects and On -site Projects: During entire construction operation retain the services of State of Florida Registered Land Surveyor (FRL8) who Sh8|| maintain records of the installation, including all deviations from Drawings and Specifications. w (FF{L5) Sho|| record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. � (FRLS) Sh8|| record locations and elevations for each valve, fitting, service |ine, fire hydrant, water sampling point, and also for above ground piping and other appurtenances @|OOg the pipeline. Specific locations and elevation Of equipment, the buildings and miscellaneous items installed inside them shall be recorded as applicable. w Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the work as it was constructed. • Record Drawings shall be prepared on 4'0i| my|or as specified hereinafter. Record Drawings and three (3) blue line copies Sh@|| be signed and sealed by the Surveyor and shall be submitted to the City for the Project W1aO8Q8r'S or Consultant's review within ten (10) Ca|eDd8[ days f0||OvviOg the completion date Of SuCCeSnfu| pressure testing Of all mains and appurtenances under the Contract Documents * If the Consultant determines that the [}ravvinQS are not aooept8b|e, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the Project Manager or Consultant and resubmit as -built record drawings to the Consultant for final acceptance. 78 Douglas Park Environmental [TBNo.:154G'O17 RumodiationProject —D2—B-40G13 Prior to, and 83 a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings o[as-built drawings acceptable toProject Manager OrConsultant. 17. SurVeV Work for Drainaqe Projects The Contractor shall retain O[employ 8 FRLG to lay out all storm sewer construction and provide final measurements. Atthe Project p[S-COOStrUCti0nmeedng.tObe8tteOd8dbytheCOntraot0r'SFRLS.thoContr8Ctor will be provided a packet Of iOfOrnl8tiOn, from the City' showing the format to be utilized. The Contractor is advised that the survey vvork, including required final measurements, shall be according to City Standards and are an integral part Of the Project. The Project Sh8|| not be considered complete until the final measurements are approved by the City. 79 Douglas Park Environmental [TB No.: 1546-017 BID FORM (Page 1 of11) SECTION BID FOR', Submitted: City OfMiami, Florida (]ffiC8 of the City Clerk City H8U, 1" Floor 35OOPan American Drive K4iBrni, Florida 33135-55O4 The undersigned, 8SBiUder.henybvdedonssthotth8On|yperSOOSintereShedinthiaBid8SphnCip8|@nB named hS[8iO and that no person other than herein mentioned has any iOt8nHnt in this bid Or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, Or par -ties making 8 Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully Of all conditions pertaining to the place where the Work is to be done; that it has examined the COOt[8Ct OOCUnnents and all addenda thereto furnished before the Opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted vO|UOt8[i|y and The Bidder agrees, if this Bid is ooceoted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract OOCUnnentS and to furnish all necessary nl8teriQ|S. equipment, machinery, tOD|S. 8pp8r8tUS' means of transportation, and all labor n8C88S8[y to COOStrUCt and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 15-16-017 Title: DOUGLAS PARK ENVIRONMENTAL REMEDUATUON PROJECT —D2 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the Citv, each for not |8Ss than the total Bid price plus a|t8nn8t8S' if any, and tofurnish the required Certificote(S)OfInsurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails tOfurnish the required Certificate(s) of Insurance within fifteen (115) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected bythe City. |Othe event Cf a discrepancy between the price Bid in figures and the price Bid in words, the price in vv0pdS shall @Oma[n. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 80 Douglas Park Environmental [TBNo.: 15'18'017 BID FORM (Page 2of11) Note: Bidders are bidding OD 8SUrn8ted quantities for the purpose of determining the |Ovv8St [8SpOn8ivo and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where 8discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is @ discrepancy between the numerical and vvriUBO Bid AnlOUnt. the written Bid Amount will prevail. Cit9 Form SU must be submitted with Vour bid. The SU Form can be found posted onthe xvabpoBg with the bid documents. Our Bid Amount Includes the total COS\ for the Work specified in this solicitation, consisting of furnishing all nn8t8ha|S' |8bOr' equipment, SUpeniSion, mobilization, overhead @ profit required in accordance with the Bid Specifications. 1111,101, Total Bid Construction Cost CLASS ULANDFILL TO � E USED FOR CONTAMINATED MEDIA: � Q�7 w=~=~ ���� 3�K Ql Douglas Park Environmental [TB No.: 1546-017 BID FORM (Page 3 of 11) t 0 MS Excel sheet shall round DOUGLAS PARK ENVIRO MENTAL REMEDIATION PROJECT - D2 B-40613 Line No. Pay Item No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 2 2 3 3 4 4 5 5 , ,*4 % 4' 6 6 , , 7 7 — 8 8 9 9 10 10 TOTAL 82 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project - D2 - B-40613 BID FORM (Page 4 of 11) Pmrt|: DIRECTIONS: COMPLETE PART |OFXPART U'WHICHEVER APPLIES, AND PARTS III AND IV (if applicable) PartL Listed below are the dates Vfissue for each Addendum received in connection with this Bid: Addendum No. 1,Dated Addendum NO.2. Dated Addendum No. 3'Dated Addendum No. 4, Dated Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, 8ffiOnG that the Bidder is 8vv8re of the fOU0vvOg. and shall comply with all the stated requirements. 1. Community Snn8U Business Enterprise (''CSBE^) Requirements Bidder certifies that it has read and uOdSnStOOd the provisions of City of Miami {}ndin@OC8 13331. codified as Section 18-89 Of the City COde, pertaining to the implementation Of 8 ''Community S0GU Business Ent8rpri3e" requirement. Evaluation Of bidder's naspOnSiveO833 to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only pe[S003 interested in this Bid are O3[ned herein; that OO Other person has any interest in this Bid Or in the Contract tOwhich this Bid pertains; that this Bid is made without connection Or arrangement with any other person. Bidder certifies that the S8|6Cted independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 1 OruqFree Workplace The undersigned Bidder hereby certifies that itwill provide 8 drug'freevvOrkp|aCe program by: (1) Publishing a statement notifying its 8nlp|OyeeS that the unlawful manufacture, diStribUtiOO, dispensing, possession, or use of controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers 0fdrug abuse inthe workplace; Ui\ The Bidder's policy Ufmaintaining 8 drug -free workplace; (iii) Any available drug counseling, rehabilitation, and Snnp|Oye8 assistance pn]g[8nOS; and (iv) The penalties that may be imposed upon employees for drug abuse violations noouning inthe workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); 83 Douglas Park Environmental |TBNo.: 15'16'017 BID FORM (Page 5of11) (4) Notifying all ennp|0yees, in writing, of the St8tenO8Ot required by subparagraph (1), that as 8 condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and Ui\ Notify the employer in writing of the employee's conviction under oinliD8| drug statute for violation OCouning in the workplace no later than five (5) calendar days after such conviction; (5) NntifvngtheCitvinvvrtingwithintan/10\Ca|end8[d8y3Gfternac8ivingnotiDeUnd8r3ubdiviGion (4) (ii) above, from an employee or otherwise receiving 3CtU8| notice of such conviction. The notice shall include the position title Ofthe employee; (0) Within thirty (30) calendar days after receiving notice under subparagraph (4) of COnVioUoO, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (7) (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, Or |Oco| health, law enforcement, Orother appropriate agency; and Making 8 good faith effort to maintain a drug -free vVOrkp|8Ce pn]Q[8nl through implementation of subparagraphs(l ) through (6); and 4. LObbyinA The undersigned certifies tOthe best 0fhis o[her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 8gency, 8 Member of Congress, an officer or employee of Congress, or an employee of K4ennb8r of C00gr8SG in connection with the awarding of any Federal ooOtraCt, the making of any Federal gn8n1, the making of any Federal |O8n, the entering into Ofany cooperative agreement, and the extension, continuation, renewal, amendment, Ormodification Ofany Federal contract, grant, loan, Vrcooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing Orattempting tOinfluence anofficer oremployee Ofany agency, 8Member [f Congress, enofficer or employee of Congress, or an employee of Member of Congress in connection with this Federal contract, grant, |O8O' or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report LObbying'" in accordance with its instructions. This undersigned shall require that the language Of this certification be included in the avvond documents for ''A||" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients 3ho|| certify and disclose accordingly. This certification is 8 nl8t9h@| representation of f8C1 upon which n8|ion0e was placed when this transaction was made or entered into, Submission of this certification is o pr8'r8qu|sitefor making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who (3) 84 Douglas Park Environmental [TBNn.: 1548'017 BID FORM (Page Gof11) fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1O0,O00for each such failure; and ^ Note: In these instances, ^AU^ in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $1DO'OOO(per C)MB). 5. [}ebo[08nt. Suspension and Other Responsibility Matters The Bidder certifies to the best Ofits knowledge and b8|ief, that itand its principals: (a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible Or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within @ three-year period preceding this proposal been convicted ofO[had 8 civil judgment rendered against them for COnnnniSSiOn of fraud or 8 CrinniO8| OfhsnS8 in COOO8[tion with Obt8ining, attempting to obtain, or performing @ public (Federal, State, or |OC8|) transaction or contract under 8 public transaction; violation Of Federal or State antitrust statutes or falsification or destruction Of naoVPdS, making f8|S8 statements, or receiving stolen property; (c) Are not presently indicted for Orotherwise criminally Orcivilly charged by OOmarnnnBnt entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public t[8OS8CtiOns (Federal, State, Or |OC8|) terminated for cause or default. (e) In addition' factors to be considered in determining responsibility ofprospective contractual parties shall include but not belimited to: (1)Bidder does have availability Cfappropriate financial, material, equipment, facility, and personnel resources and expertise, Orthe ability tOobtain them, tOmeet all contractual /2\Bidder does have 8satisfactory record ofperformance; /3\Bidder does have @ satisfactory record Ofintegrity; (4) Bidder does possess qualified legal standing to contract with the City; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; Ul Bidder has not had 8 termination, suspension, or cancellation of City contract, in whole Or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5)years, which has not been reversed onappeal by 8court ofcompetent jurisdiction; O[ (g) Bidder has not withheld 8 payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City (h) have been deposited with e court Ofcompetent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as @08Dd8d, or other applicable Federal, State Or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the Court. 85 Douglas Park Environmental D73No.: 15'16-017 RemediationProject -O2-B-40G13 ) BID FORM (Page7 of11) The Bidder shall provide any information requested by the chief procurement officer or pU[Ch8SinQ agent concerning responsibility. If such C0ntna{tU8| party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources bysubmitting: /1\ The bidder will, Upon r8queSt, furbish evidence that the COrtr8CUua| party pO3SeSSeS such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, UpOD request, submit 8 documented commitment for, or explicit 8n3Og8nlent with, satisfactory sources to provide such necessary resources. Where the prospective Bidder i3unable tocertify toany Ofthe statements inthis certification, such Bidder shall submit 8Oexplanation tOthe City VfMiami inwriting. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements On8quarterly basis; /b\ have identified in City Form Subcontractor Utilization ("SU")athird party independent who verifies and is properly licensed under the provisions of F.S. 454.471'473. or 481 and who is not with the contractor; and (C) the selected third party, who independently verifies compliance with this SSCtioO, must have rniOinlUrn Of2years 0fexperience 8Srequired in [)rdin8OC8 No. 13532.codified asSection 18-890fthe City Code; Part IV; CmrtUiumtion—TronchSofmtvAct The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and ozSt Ofcompliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are abreakout Ofthe respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule ofprices, nor beconsidered additional Work. 86 Douglas Park Environmental [TB No.: 15-16-017 BID FORM (Page8 of11) The Bidder further identifies the costs and methods summarized below: Quantity Unit [)e3ChpdOn Unit Price Price Total Extended . Method Attached is 8 Bid Bond [ ], Cash [ l' Money Order [ ]. Unconditional/Irrevocable Letter OfCredit [ l. Treasurer's Check [ ]. Bank O[8K[ l. Cashier's Check [ ]' Bid Bond Voucher [] or Certified Check [ l NO. Bank of for the sum of DOU@nS($ \ The Bidder Sh3U 8ChnOvv8dge this Bid and certifies to the above stated in Part ||| and |V by signing and completing the spaces provided bS|0vv. Fi[nl'S Name: Signature: Printed Name/Title: {] ip: Telephone No.: F@osinli|8 NO.: Social Security No. or Federal E'M8i| Address: Dun and Bradstreet No.: If a partnership, names and addresses of partners: (if applicable) 87 Douglas Park Environmental [TBNm.:154G-017 Homediedipn Pnojuct— D2— B40613 BID FORM (Page Sof11) CERTIFICATE OFAUTHORITY (IF CORPORATION) | HEREBY CERTIFY that at a meeting of the Board of Directors of .acorporation organized and existing under the laws ofthe State of . held on the day of . . o resolution was duly passed and adopted authorizing (Name) as (Tide) of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested bythe secretary of the corporation, shall bothe official act and deed mfthe corporation. | further certify that said resolution remains in full force and effect. |NWITNESS WHEREOF, | have hereunto set my hand this . day of 120 Secretary: Print: CERTIFICATE OFAUTHORITY (IF PARTNERSHIP) | HEREBY CERTIFY that at o meeting of the Board of Directors of . o partnership organized and existing under the laws of the State of . held on the day of . . u resolution was duly passed and adopted authorizing (Name) as (Title) ofthe toexecute bids onbehalf of the partnership and provides that his/her execution thereof, attested by pertner, shall be the official act and deed ufthe partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of 120 CERTIFICATE OFAUTHORITY (IF JOINT VENTURE) Joint ventures must submit o joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf ofthe joint venture. If there is no joint venture agRa80SOt each nlennb8r of the joint venture must sign the Bid and submit the appropriate C8rthDC8t8 of Authority (corporate, partnership, or individual). 80 Douglas Park Environmental [TB No.: 15'16'017 BID FORM (Page 1Oof11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) | HEREBY CERTIFY that, | (Name) . individually and doing business 83 /d/b/8\ (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of 1 20 89 Douglas Park Environmental [TB No.: 15'16'017 BID FORM (Page 11of11) NOTARIZATION STATE OF \ >8S: COUNTY OF \ The foregoing instrument was 8CkOOvvedgBd before me this day of 20 . by , who is personally hDOvvn to me Or who has produced 8Sidentification and who (did / did not) take 8Doath. SIGNATURE OFNOTARY PUBLIC STATE DFFLORIDA PRINTED, STAMPED DRTYPED NAME OFNOTARY PUBLIC 90 Douglas Park Environmental |TBNo.: 1546'017 Section 5- Attachments BID BOND FOFKK8 (Page 1 of3\ State OfFlorida ) County 0fDade )SS: City of Miami KNOWN ALL PERSONS BYTHESE PRESENTS, that aaPrincipal, _ as 8unstv. are held and firmly bound unto The City OfMiami, in the penal sum Of Dollars ($ ) lawful money of the United States, for the payment of which Sunl well and truly to be made, we bind OUrSe|ve3. our heirs, executors, 8dnniDiSt[8t0rS and SUCC8S3OrS. jointly8Od Sev8n3||y' firmly bythese presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated '2O ,h]r: DOUGLAS PARK ENVIRONMENTAL IREMEDUATUO�''�� PROJECT —D2— PROJECT NO. B-40613 NOW THEREFORE: (8) If the principal shall not withdraw said Bid within OOS hundred twenty (120) days after date Of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into @ written contract with the {}itV' in 8CCOrd8OC8 with the bid as accepted, and give bond with good and sufficient Surety or Sun8ties, as may be [8qUinad' for the faithful performance and proper fulfillment Ofsuch contract; or, (b) In the event if the withdrawal of said Bid within the period Speoifi8d, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the 8nnOUnt specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess Ofthe former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 91 Douglas Park Environmental [TBNo.: 1546-017 BID BOND FORM (Page 2Vf3) |NWITNESS WHEREOF, the above bound parties have executed this instrument under their several Se8|G, this day of the name and corporate seal 0feach party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority Ofits governing body. WITNESS: (If Sole Ownership, Partnership, O[Joint Venture, tw/O/2\VVitneSSeS8n8[eqUiP8d. If CO[pO[81On, Secretary only will attest and affix seal.) PRINCIPAL: (Name OfFirm) Affix Seal (Signature of authorized officer) (Title) (Business Address) State Zip (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip 92 Douglas Park Environmental [TB No.: 16'16-017 BID BOND FORM (Page 3of3) CERTIFICATE AS TO CORPORATE PRINCIPAL |' . Certify that | 80 the Secretary Ofthe Corporation named 8SPrincipal iOthe within bond; that of said norpV[8hOD; that | know his SigO8tUr8. and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OFFLORIDA ) COUNTY 0FOADE \83 CITY OF MIAMI (Corporate Seal) Before nne. 8 Notary Public duly COnlnOiSSionSd' and qualified, p8[SOO8Uy appeared to me well known, who being by nnofirst duly sworn upon O8th. says that he/she is the attorney -in -fact, for the and that he/she has been authorized by tOexecute the foregoing bond onbehalf 0f the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this day of INSTRUCTIONS: Bid Bonds must beaccompanied bv 8Power OfAttorney, in compliance with Instructions tOBidders Notary Public, State of Florida at Large My Commission Expires: 93 Douglas Park Environmental [TBNo.:15-18-017 SUPPLEMENT TOBID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discreton, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days of The Cit/o Request. Failure To Submit The Form Or Additional |nfmrnnm1imn Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Bg Used Following The Same Format And Numbering. Bvsubmitting its Bid, the Bidder certifies the truth and accuracy Ofall information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? o. P[Of8SSiOO8| Licenses/Certifications (include name and number)* Issuance Date (*inclvdeactive certifications mcommunity small business enterprise & name nfcertifying entity) b. O8t8 company licensed by Dept. Of Professional Regulation: c. Qualified Business License: [] Yee[] No If Yes, Date Issued: d. What iSyour primary business? (This answer should bospecific. For example; paving, drainage, schools, interior renovations, etrj e. Name of Qualifier, license number, and relationship to company: Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company 2. Name and Licenses Ofany prior companies Name OfCompany License No. Issuance Date Type ofCompany: EICorporation El^S"Corporation F-1LLCDSole Proprietorship ElOther (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Company Ownership a. Identify all owners of the company. 94 Douglas Park Environmental |TBNo.: 15-16-017 N8nl8 Title % of ownership b. |sany owner identified above onowner inanother company? F-1 Yes F NO If yes, identify the name of the owner, other company names, and % ownership C. identify all individuals authorized to sign for the company, iOdiC8UOQ the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other [— �— [— [— . �- . . [— [� — F� . . . . . [— | | . . [— [� [— �� . . . Explanation for Other: (Note: "All" refers to any type of document including but not limited to n»nkects, amendment, change proposal requests (CPR), change orders (CO). nodoos, daimo, disputes, etc. "Cost" refers 0uCPRn. COs. No -cost refers to RF|a. Nodcnn, and other similar documents) 5� Employee Information Total No. ofEmployees: Number OfK8aO@g8h8KAdnnin.Employees: Number OfTrades Personnel and total number per classification: (Apprentices must belisted separately for each maxvincaUun) How many employees are working under H2B visas? O. Has any Owner or employee of the company ever been convicted of federal offense or nnOna| turpitude: If yes, please explain: 95 Douglas Park Environmental [TBNo.: 15-16-017 7. Insurance & Bond Information a. Insurance Carrier name & address: b. Insurance Contact Name, telephone, & e-mail: c. Insurance Experience Modification Rating (EMR): no EMR rating please explain why) (i d. Number of Insurance Claims paid out in last 5 years & value: e. Bond Carrier name &address: . Bond Carrier Contact Name, telephone, & e-mail: g. Number OfBond Claims paid out in |oSt 5 years &v8|Ue: O. Have any C|8inlS |8m/SuitS been file against your company in the past 5 yS8rS. If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement iScovered by8written confidentiality agreement. 0. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: 10. Has your company been 8SSSSSed liquidated d8nl8g8S or defaulted on 8 project in the past five (5) years? Yes M—1(If yeS'[JrOvdeGnattachment that provides onexplanation ofthe project and 8nexplanation. 11. Has your COrnp8ny been cited for any OSHA violations in the past five (5) years? If yes' please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with o value Of $5.000 or greater, owned by your company. B. Project K8anagmrngnt& Subcontract Details 1. Project Manager for this Project: b. Years with Company: 96 Douglas Park Environmental [TB No.: 15'16'017 C Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: 2. Subcontractors: Name % of Work License No. Certification* (^activncertifications orcommunity small business enterprise &namoofcertifying entity) 3. Scope of actual construction vvO[k to be performed by your company and the corresponding percentage ofthe work: (This does not include such items asinsurance ' bonds, dvmpsmrs.trailers, and other similar non - construction workitems) C. Current and Prior Experience: 1 Current Experience including projects CUrrenUyUnderCoOStruotiOD'ne0antly8vvarded.orpeDdiDg 8Vv8rd (Provide an attachment to this questionnaire that lists all such projects, including the Ovvn8r'3 name, Ut|8 and Ve|u8 Of project, scope of work, projected or actual start date, projected completion date, and number Ofcompany trades personnel assigned tothe project) 2. Prior Projects of similar size, scope and : Provide an 8tt8ChnnoOt to this C)ueSUODn8ir8 that includes Completed Projects thePrOpO3e[COnsidenSOfosi0i|8r.size,SCnpe8OdCOmp|exitythot the City should oOOSid8[ in determining the Bidders responsiveness and responsibility. This attachment must include the project th8t[ne8tsth8nnininnurDnurnb8[Ofp jeCtSidentiO8dbythe bid solicitation. Information provided must include the owner's O8rn8 ' @ddn8SS and contract pS[SOn, including telephone & e-mail, title Of project, location Of project, scope, initial value and final cost of the project, projected and final tirnefnanleS for COnnp|etiOO in Co|eOd3r days and the number Ofcompany trades pe[SOnne|, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CK4@RiSh. Design -Bid -Build, etc. is to be identified for each Project. If there is 8 difference between the initial and final cost or initial and actual tirnofnanne provide details on why the differences exist. A reference letter is to be completed Uythe owner Ofthe Project andsubrnitted8Sp8rtOfthe8idSUbrni3sion. D. Bidder's References Bidders are to include a minimum of five (5) nafenanoea from completed projects listed in C2 above. The attached form istobeused and is to beincluded with the Bid submission. The C8y. atits sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 97 Douglas Park Environmental [TB No.: 15'16-017 SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1) 2) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 5) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 98 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 OAN|ELJ.ALR]N8O. City Manager ToWhom |tMay Concern Subject: Reference Letter Name 0fBidder: The above referenced contractor is submitting OO 8 bid solicitation that has been issued by the City of K8i8nli. VVS require that the Bidder provide written references with their Bid SUbrni3niVn and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below 8Swell 8Sany other information your feel iSpertinent: Name ofProject: Scope Ofwork: [}id the Scope involve the COn3tnJCU0n' installation, repair and/or rep|mQOrnSOt of 8 3tOrOvv8ter pump Value ofproject: $ Date Completed: Percentage ofphysical construction work self -performed by Contractor: % Was project connp|etednnUnle&vvhhinbudgEt: -- Yes F No |fno, was the contractor @tfault 0rcontribute tothe de|Gv(3)orincreased cost? L Y88 F NO If yes, p|e8S8 provide details: COnlnn8Dts: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Date: Signature: Title: Telephone: E-mail: SinmanS|y, JeowannyRodriguez, P.E..Director Capital Improvements and Transportation Program yy Douglas Park Environmental [TBNo.:154S-017 SUPPLEMENT TOBID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) Please type grprint clearly. This Affidavit must hgcompleted infull, signed and notarized ONLY |FYOU MAINTAIN ANOFFICE WITHIN THE CORPORATE LIMITS OFTHE CITY OFM|AM|AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) D Partnership E: Sole Proprietorship Corporation Corporation Document No: Date Established Occupational License No: PRESENT Street Address: Date of Issuance Office Location (Establishment of the bidder/Bidder): City: State: HOvv |OOg at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-73 of the City of Miami Code, as amended: City of Miami "Local Office" means a business within the City which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that iS located within the corporate limits Ofthe City for a nnininnunn Oftwelve (12) months immediately preceding to the date bids Or proposals were received for the purchase Or COOtn8Ct at issue; for purposes of this section, "staffed" Sh8U nlS8n verifiable, fuU-tinl8. on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, offinB[. principal Or owner of the |OC8| business; a post office box Sh8U not be sufficient to constitute 8 local office within the City; and 2) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for term of no less than twelve (12) months been in effect for no |8SS than the tv8|v8 (12) months immediately preceding the date bids O[proposals were received, and be available for review and 8pprOV8| by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period |83s than the twelve (12) months immediately preceding the date bids Or proposals were received, 8 prior fully executed |e8So within the corporate limits Of the City that documents in writing continuous business residence within the corporate limits Vfthe City for 8term Ofnoless than twelve (12) months immediately preceding the date bids Or proposals were n3C8iwad shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval 100 Douglas Park Environmental [TBNo.:154G-]17 SUPPLEMENT TO B|0 FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer O[its designee; further requiring that hiStohC8|' C|88r8U rent checks Or other rent payment documentation inwriting that documents |nC8| office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3\ Has had for rnininnunn of twelve (12) months immediately preceding the date bids Orproposals were n9maiV8d for the puPCh8S9 O[contract 8t iSSUe' @ current Business Tax Receipt issued by both the City and Miami -Dade County, if applicable; and 4\ Has had, for a nniOinlunn of twelve (12) months immediately preceding the date bids Orproposals were received for the pun:h@S8 or contract at issue, any license or certificate Ofcompetency and C8rthiC@t8 Of Use required by either the City or K4i8n0i'O8de County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; pnovid8d, however, that the burden OY proof to provide GU supporting documentation in support of this local office certification is borne by the bUSinBSS applicant submitting 8 bid or proposal. According taSection 18-85(s)of the City ofMiami Code, asamended: "when 8 nBSpDnSim3' responsible non -local bidder submits the lowest bid price, and the bid submitted by one Or more responsive, responsible |Ooe| bidders who maintain a |oC8| OffiCe, as defined in City Code Section 18-73. is within fifteen percent (15Y6) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible |oC8| bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract 8vv8rd shall be made to the |OvV9St responsive, responsible bidder submitting the |Ovv8St best and final bid. In the case of a UB in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. | (we) certify, Under penalty of perjury, that the OffiCB |0oohoO Ofour firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Authorized Signature Print Name Print Name Title Title Authorized Signature Authorized Signature |0l Douglas Pork Environmental [TB No.: 1546'017 Remadiation Project - O2 - B40813 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 3 of 3) /K4uSt be signed by the corporate secretary Of8 Corporation Or one general partner Of8 partnership Or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My COnlnliSSiOO Expires: Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade County Business Liognses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate chortar, corporate income tax filing return and any other documents(s) to verify the location of the firnn's office. 102 Douglas Park Environmental DB No.: 15'16-017 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18-89 OF THE CITY CODE L hereby certify that: i) | am the (President/Secretary 0[ Phncipa|)of (Respondent Firm); ii\ ( have read Sections 18-07and 18'8Oofthe City OfMiami Procurement Code; iii\ (Respondent Firm) hereby acknowledges that the 3vv8Pded COOt[8Ct has on on -site labor component greater than or equal to twenty-five percent (25%)'and therefore agrees toassign eminimum Offifteen percent (15%)Ofthe contract value to firms currently certified by Miami -Dade County as 8 Community Small Business Enterprise (^C8BE^); OR iv) (Respondent Firm) hereby is certified by K4iarni- [}8dS County as 8 C8BE firm and will self -perform to meet the nliDi0Um fifteen percent (15%) C8BE nBqUiPBnleOL An active copy of the respondent's C8BE certification must be iOC|UdSd bid document. V) (Respondent Firm) hereby agrees to comply with the Local Workforce Participation Requirements stated in G8CdOn 18'89 of the City Of PWi80i Procurement Code. Vi) OPTIONAL: Vii\ (Respondent Firm) hereby agrees to make assignments pursuant to Item iii), above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 10'73; STATE OF FLORIDA COUNTY OFM|AM|'DAOE Before nn8. a Notary Public duly commissioned, qu8|U5Sd and acting pe[SoD8Uy, appeared to me well hOOvvn, who being bynl8first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the City, Subscribed and Sworn tObefore nnBthis day of .20 My commission expires: Bonded by Notary Public, State of Florida at Large 103 Douglas Park Environmental [TBNo.: 1546-017 THIS FORM MUST BE COMPLETED BY BIDIDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS U `� U — ���� U�Tr-'T &[[|����AT ���| �-- ���- U � U [� � h ��[-[-|0m��\/1 h (�J��|) ������ �� �-~�.� �- �� mm 7-ERPRUSE PROGRA ( ^��������n) v�.� �- Name ofBkdder/Propoaac Address: Project Name: Contract Dollar Amount: Contact Person: Phone No.: Project Number: 15Y6CSBEDollar Amount Name ofPrime Bidder/Proposer ion with the above contract: Certification No. (if applicable) Certification Expiration Date (if applicable) Type ofCSBEwork hmbe performed bythe Bidder (if applicable) Bidder's self performance pmrcentagm(%) mfContract Value Total Dollar (a)Amount of Bidder's self performance -of-"Sub-contractor ' I certify that the representations contained in this form are true and accurate to the best of my knowledge. I affirm that I will enter into sub -contractual agreement(s) with the above liste Certification ~ No. Certification Expiration Date Type ofCSBEwork tobm performed bythe sub- contractor Sub -contractor porcentage(9) ofContract Value Total Dollar ($) Amount of aub'oontroctor'oCSBE requirement Prime Bidder/Proposer Signature Date Prime Bidder/Proposer Print Name The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability tootherwise meet the bid specifications. Sub -contractor Signature Date Sub -contractor Print Name Title 104 Douglas Park Environmental DB No.: 1546-017 RemedimtionProject -O2-B4OG13 LOCAL WORKFORCE PARTICIPATION BID QUESTION: List all contracts your company has performed for the City of Miami for the past three /3\ years which included Local Workforce Participation Requirements. The City will review all contracts your company has performed for the City for the past three (3) years in accordance with 88CtiOD 18- 89 of the City Code, which requires that "the City shall consider the Contractor's adherence to the City'S LOC8| Workforce Participation Requirements within the past three (3) y88[S in making any future contract awards. The S0||Cit8tiOn dOCU[n8DtS will include the Contractor's past compliance with these requirements of the City." As such, the Bidder must list and describe all work performed for the City of Miami for the past three (3)y88rS. Please provide factually detailed responses for each project th8t8dd[eGSe8ChOftheinnpOrt8ntitemsbe|Ovv. /i\ contract number, name and brief description ofwork; (ii) total dollar value of the contract; (iii) dates covering the term ofthe contract; (iv) percentage ofLocal Workforce Participation Requirements met by your company; (V) breakdown of local vvOrkfO[Ce used to meet the requirements (number Ofpersons broken down bytrade and C@tegO[y); (Vi) if your COrUp8ny was unable to meet the Local VVOrhfOroe Participation R8quiF8nOSOtS' explain the reasons why, and what efforts, if any, were utilized by your company tOattempt tOmeet these requirements; (vii) ifthe project w/8SOveron8r0iUiOOdOUars($1'OOO.O00)didyOUroonnp8OyhO|d8job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (Viii) was 8 third party hired to verify and certify compliance with the Local Workforce Requirements, if yes were all requirements met, what was the third party's name and provide their current contact information; (ix) was the five percent (5%)r8t8in8gefee released tOyour firm bythe City upon project C0rnp|8tiVn. and (X) If your CODnp8ny did not meet the gOo|s, did you seek 8 waiver of the prOg[8nn requirements from any City officials? Please explain in detail. 105 Douglas Park Environmental |TBNo.: 15'16-017 Section 6- Contract Execution Form THIS Contract # made this day of in the ye8[2O1O in the amount Of$4.484.185.OUUyand between THE CITY 0FK4|AM|.FLORIDA, hereinafter called the "C|TY.''and CHEROKEE ENTERPRISES, INC. hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CHEROKEE ENTERPRISES, INC,G Florida profit corporation Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of K8imnni, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager APPROVED AGTOINSURANCE APPROVED A8TOLEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann -Marie Sharpe, Director VictwrioK06ndez, City Attorney Risk Management Department 106 Douglas Park Environmental CORPORATE RESOLUTION WHEREAS, , Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) 107 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 FORM OFPERFORMANCE BOND (Page 1of2) BY THIS BOND, We ' as Principal, hereinafter called Contractor, and . as Surety, are bound to the City Of Mi@nni, Florida, as Obligee, hereinafter n8||ed City, in the amount Of Dollars ($ ) for the payment Vvh8[8Of Contractor and Surety bind thennse|v8S, their heirs, eXeCUt0rS. administrators, successors and @SSignG. jointlyand severally. VVHERE/\S. Contractor has by vvhtt8O agreement entered into 8 Contract, Bid/Contract |TB NO: 15'16-017.awarded the day of . 20 ' with City which Contract [}OCUrnentS are by reference incorporated herein and made o part hereof, and specifically include provision for liquidated dannages, and other damages identified, and for the purposes of this Bond are hereafter r8fS[[8d to as the "Contract"; THE CDN[)|T|[)N OF THIS BOND is that if Contractor: 1P8rfO0OS the Contract between Contractor and City for construction Of ' the COOt[8Ct being made o part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all |OSSeS' liquidated d8rn8g83' expenses, costs and attonloy'Sfe8S including appellate prOC88diOgS' that City SUSt8inS as 8 result of default by COnt[8CtO[ under the Contract; and 3 Performs the guarantee of all Work and materials furnished under the Contract for the time specified inthe Contract; then THIS BOND |SVOID, OTHERWISE |TREMAINS |NFULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having per -formed City obligations hereunder, the Surety may promptly remedy the default, Orshall promptly: 4.1. Complete the Project inaoC0rd8noevviththe terms and conditions Ofthe Contract DOCunl8ntS�or 108 Douglas Park Environmental |TBNo.:15-16-017 FORM OFPERFORMANCE BOND (Page 2of2) 42. Obtain 8bid U[bids for completing the Project iD8CCOrdannavvithUhStemnS8nd COOdiU0O5 of the CODt[8C\ Documents, and upon determination by Surety ofthe |OvVeSt FeSpODSiU|8 Bidder, or, if City elects, upon determination by City and Surety jointly of the |0vveSt responsible Bidder, o[r8Og8 for 8 contract between such Bidder and City, and make available as Work progresses (even though there should be a default or 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 CoO1[8Ct 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 CODt[8[t Price," as used in this paragraph, Sh3U mean the total amount payable by City to Contractor under the Contract and any amendments thereto, |eSS the amount properly paid by City to Contractor. NO right of action Sh8|| 8CCrUS OO this bond to orfor the use of any person Or corporation other than City O8OlSd herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract DOCUrn8ntS and COrnp|i8nCe Or DOOCOnOp|i8nc8 with any formalities connected with the Contract or the changes d083 not affect Surety's obligation under this Bond. Signed and sealed this day of 120 WITNESSES: Secretary By: (CORPORATE SEAL) (Name OfCorporation) (Signature) (Print Name and Title) |NTHE PRESENCE OF: INSURANCE COMPANY: 1,09 By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Douglas Park Environmental [TBNo.:15-16-017 FORM OFPAYMENT BOND (Page 1of2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and ' as Surety, are bound to the City of Mi8rni, Florida, 88 Obligee, hereinafter called City, in the amount of [)O||onS ($ ) for the payment vvhens0f Contractor and Surety bind themselves, their h8i[3. executors, administrators, SUCCeSSOrS and assigns, jointly8Od S8V8nBUy. VVHEF<EA8. Contractor has bywritten agreement entered into 8Contract, |TB. NO. 15~16^ O17. awarded the day Of ' 20 . with Qh/ which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OFTHIS BOND isthat if Contractor: 1Pays City all losses, liquidated damagms, oxpenaea, costs and ottorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOVVEVER, TO THE FOLLOWING CONDITIONS: 2.1. A u|aimant, except o |oborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish |abor, materia|u, or supplies for the prosecution ofthe Work, furnish tnContractor a notice that he intends to look tothe bond for protection. 22. A claimant who is not in privity with Contractor and who has not received .... payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor ordelivery ofthe materials orsupplies and ofthe nonpayment. 2.3. No action for the |abor, ma0eria|a, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (21)ond (22) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2)' or Section 95'11, Florida Statutes. 110 Douglas Park Environmental |TBNo.:1S4G-017 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and COnlp|i8noe Or n0OCOnlp|i8DDe with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: (Corporate Seal) \NTHE PRESENCE OF: By: l|l Contractor (Name OfCOrpOr8tiOD) (Signature) (Print Name and Title) INSURANCE COMPANY: Agent and Attorney-i n- Fact Address: (Street) (City/State/Zip Code) Telephone No.: Douglas Park Environmental |TBNo.:1S4S-01T CERTIFICATE A0TQCORPORATE PRINCIPAL 1, , D9rUfv that | onl the Secretary of the COrpO[8dOn named as Principal in the foregoing Performance and Poyrn8Ot Bond (Performance Bond and Payment Bond); that . who signed the BOnd(S)On behalf of the P[inCip8|, was then of said corporation; that | know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was /vven9\ duly signed, S88|ed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE DFFLORIDA ) \ 8S COUNTY [}FK4|AK4|-DAOE \ Before nnS' 8 Notary Public duly commissioned, qU8|hhed and acting perS0naUy, appeared to me well known, who being by me Dnat duly SvvOrn Upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of COOt[8Ct0r named therein in favor ofCity. Subscribed and Sworn to b8f0n8 me this day of . 20 My COnlnliS8iOn expires: Notary Public, State of Florida at Large Bonded by 112 Douglas Park Environmental [TB No.: 15-16'017 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER C}FCREDIT: (Page 1of2) City of Miami 444 S.W. 2nd Avenue Miami' Florida 33130 Date ofIssue Issuing BonKS NO. Applicant: Amount: inUnited States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (08nk.Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) uptO8n aggregate amount, in United States Funds, Of 8V8i|8b|e by your drafts atsight, accompanied by: 1A3igO8d St3t8nl8Ot from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations On the part of (contractor, applicant, customer) agreed upon by and between the City OfMiami, Florida and (contractor, app|io8nt, oustonn8h, pursuant to Bid/Contract No. for (name Ofproject) 8nd Section 255.05. Florida Statutes. Drafts must bedrawn and negotiated not later than (expiration date) 113 Douglas Park Environmental [TBNo.: 1548'017 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OFCREDIT: (Page 2of2) Drafts must bear the clause: "Drawn under Letter OfCredit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one /1\ year term. Notification to the City that this Letter Of Credit will expire prior to performance Ofthe Contractor's obligations will bedeemed 8default. This Letter OfCredit sets forth iOfull the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein Or to which this Letter Of Credit is referred or this Letter of Credit n3|8t8s, and any such reference 3h8|| not be deemed to incorporate h8PBiO by reference any document, instrument, or agreement. We hereby agree with the dr8vve[S' endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Ob|ig8U003 under this Letter Of Credit shall be nB|e3s8d one (1) year after the Final Completion Of the Project bythe (contractor, applicant, customer) This Credit is subject tOthe "Uniform Customs and Practice for Documentary Cr8ddS'" International Chamber OfCommerce (1893 n8viSiOD), Publication NO. 500 and to the provisions of Florida law. If o conflict between the Uniform Customs and Practice for OOCurn8ntarV Credits and Florida |8vv should arise, Florida |8vv shall prevail. If conflict between the law ofanother state Orcountry and Florida law should arise, Florida law shall ppSVoi|. Authorized Signature 114 Douglas Park Environmental [TBNo:154G-017 INFORMATION FOR DETE INING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this form (3 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1 Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the fii ins that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) M.anagement decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: 115 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — D2 — B-40613 (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Name ofFinn: Signature: Signature: Name: Name: Title: Title: Date: Date: FORM A 116 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project D2 — B-40613 Ch r�rkpeEMe(priaes,i @ )' r'i ke+ car r,c'orr ' 1110u1' ullu11dlll11111! March 22, 2016 City of Miami Anthony Rolle Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, FL 33133-5504 Dear Mr. Rolle : The City of Miami, in fulfillment of its mission to effectively serve the community and continuously enhance quality of life, has issued this Invitation to Bid #15-16-017 known as the "Douglas Park Environmental Remediation Project — D2". This 10-acre centrally located city recreational park has been closed to the public awaiting required environmental remediation, as well as needed facility and infrastructure upgrades. THE STRONGEST INTEGRATED LOCAL TEAM WITH A LOCAL WORKFORCE The CEI team is comprised of our in-house construction crews, environmental professionals and highly qualified subcontractors dedicated to providing best value to the City for the environmental remediation and upgrading of Douglas Park, Our team is comprised of all local workers and professionals who live and work here in Miami -Dade and Broward County. We have a dedicated in- house team with significant environmental remediation knowledge and experience, as well as subcontractors representing the local workforce with extensive experience in the Miami area. Our Program Manager, Gabino Cuevas, PE, LEED AP, has worked directly with City of Miami environmentally -related projects for well over a decade. He is also a Principal with CE1 and a life-long resident of the City ofMiami (MiMo District). He will be supported by a group of key team members with expertise in the disciplines required to successfully implement this program. The synergy of the CEI team is based on the fusion of each firm's core competencies. Our team has an established history of working together, either directly or through long-standing professional relationships among principals and key employees. We have harnessed the power of team collaboration by selecting well-known subcontractors with proven records in every specialty trade relevant to this project. CEI, Ruben Electric and HG Construction are these firms! Both of these subcontractors are Miami -Dade County CBE firms with a shared small business participation goal of 1.60/0. Additionally, this team's combined contractor experience in the City of Miami and Miami -Dade County is formidable and evidenced in the Questionnaire section of this package. CEI offers the most complete range of services, including community outreach, environmental health and safety oversight, and actual completion of complex environmental remediation projects under very demanding circumstances of time and operational constraints. We are known within the industry and the community for our adherence to high ethical standards and compliance with all regulatory rules and regulations. We are very familiar with the design and implementation of Health Cherokee Enterprises, Inc. 14474 Commerce Way Miami Lakes, FL 33016 P: 305.828.3353 F: 305.828,9317 iriww.cherokeecorp.corn License CGC 1505536 Engineers & Contractors and Safety Plans that incorporate "Hot", `Warm", and "Cold" Zones to decontaminate personnel and heavy construction equipment to prevent the spread of contaminants beyond the exclusion zone. THE PROOF IS IN THE PROJECTS This CEI team brings to the City of Miami a wealth of experience managing previous City environmental rernediation projects, as well as similar large-scale and high -profile projects for other local municipal clients. We pride ourselves in the accomplishments and expertise we have obtained by working locally in the City of Miami and Miami -Dade County. CEI has assisted the City of Miami under previous environmental services contracts, including storm water sampling and Environmental Training classes being offered through the City of Miami under Environmental Protection Agency (EPA) grants. CEI was instrumental in assisting the City of Miami with writing and obtaining the EPA grants. After the EPA grants were awarded, CEI developed and taught the comprehensive environmental and safety curriculum courses. CEI also rernediated approximately 4 sites under the auspices of the Liberty City Economic Revitalization Trust (Liberty City Trust). This included obtaining almost $500,000 of state funding under the Pre -Approved Advanced Cleanup (PAC) Program of the Florida Preapproval Program for petroleum contaminated sites. COMMUNICATION IS KEY CEI has strong established professional relationships with key City employees that have been developed and nurtured over 15 years. Our ability to interface effectively with the City and the M iami- Dade County environmental regulators is evidenced by our successful completion of many strategically important City and County projects. Our experience working on complex environmental remediation projects and our knowledge of the specialty environmental issues pertaining to construction at a contaminated site gives us the unique ability to communicate effectively and pro- actively with City and County staff to create Best Value solutions in the best interest of the City of Miami. IN SUMMARY CEI has a long and proud history of serving the City of Miami as well as Miami -Dade County and south Florida as a region. We are sincerely interested in continuing our relationship and we place our best people at your disposal. CEI is honored to be one of the bidders for this important project. We enjoy working with the professional staff at the City of Miami and with the Miami -Dade County Regulatory and Economic Resources (RER) Department we have come to know well throughout these many years. We will answer any questions you may have at (305)8283353, extension 13. Sincerely, CHEROKEE ENTERPRISES, INC. Gabino Cuevas, PE, LEED AP Chief Executive Officer www.clierokeecarp.com March 17, 2016 INVITATION TO BID NO.: 15- 6-017 VI L T CITP PROJECT NO.: B-40613 TO: ALL PROSPECTIVE BIDDERS: CT The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Douglas Park Environmental Remediation Project— D2 - Bid No.: 15-16-017 (the "Project). Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the CITP website and are of this Addendum. A. Requests for Information — Since Issuance of Addendum 2 for thisITB No.: 15-16-017 on March 8. 2016: Ql. Regarding GSE NVV8 - The manufacturer of GSE NVV8 does not have the product in Hi Visibility Orange. Please provide and approved alternate for the GSE NWB. Al. As an approved alternate, Bidders may use: US 205NW HVO, 8 oz - High visibility orange non -woven fabric. Q2. Regarding Sheet C-6.1 filter fabric jackets, please verify that this will be needed at all pipe joints and drainage connections. A2. The "Filter Fabric Wrap on Grouted Pipe to Structure" detail and "For all pipe Types — Concrete Pipe Shown Filter Fabric" detail in Drawing No. C-6.1 will not be required for this project. 03. Corrective Action Plan Drawings sheet C-3.0 — Site Demolition Plan contains the following legend note: "Existing asphalt, base and subgrade to be removed". We have no way of knowing the depth of the assembly to be removed, We can estimate a couple inches of asphalt and about 8" of base to be removed, but hew much of the stabilized subgrade has to be removed in depth? A3. Within the pavement areas, a minimum of 12" of existing material will need to be removed, and the pavement areas constructed as detailed in the Project plans, Within the "Specialized Preparation Area", a minimum of 24" of existing material will need to be removed and the area constructed as detailed in the Project plans, Sheet C-6,0, Note 11. Douglas Park Environmental Addendum 3 Bid No.: 7 Remediation Project D2 — 13-40613 Q4. Corrective Action Plan Drawings sheet - C-7.0 - Section A specifies a 12" stabilized subgrade. Shall this subgrade be comprised of 100%© new stabilized material, or stabilized existing subgrade? A4. The 12" subgrade within the pavement areas and 24" subgrade within the "Specialized Preparation Area" may utilize existing stabilized subgrade which meets the subgrade requirements, as noted in the Project plans and Geotechnical Report. Q5. Can the debris from the demolished structure be disposed of as normal C&D debris? A5. Debris from the demolished structure that was not in contact with contaminated soil and does not come in contact with contaminated soil may be disposed of as normal C&D debris, in accordance with regulatory agency requirements. Q6. On the profile details, the plans say "Soil Potentially Contaminated". Does this mean that we will have to first dig up the soil then test it, wait for the results and then determine the final reuse or disposal of the soil? Also who is responsible for the testing of the material? A6. All soil is considered contaminated and shall be treated as such. No testing is required for excess soil hauled off -site to the Class 1 Landfill. Q7. Is the grass stripping considered contaminated? A7. Yes, the grass stripping shall be considered contaminated. Q8. Does the "Clean Fill" have to be purchased from the quarry, or can we get an approved fill source of fill that qualifies as "clean fill" under the Derm soil reuse guide lines, A8. Clean fill material shall be sourced from a native rock mining quarry. Q9. Is the entire site considered to have contaminated soil, or just the area of the baseball and multi- use fields? A9. The entire site shall be considered to have contaminated soil. 010. Are we allowed to segregate piles onsite and test them to accurately determine if contaminated and at what level? A10. No, segregation and testing of soil will not be feasible due to the time constraints for completion of this Project. Please see section B., Additional Information: Item 1, below. Q11. Who is responsible for the Air Monitoring? A11. The Contractor shall be responsible for air monitoring as necessary for compliance with the Contractor's Health and Safety Plan implementation, as approved by DERM including personal air monitoring for workers conducting activities in the "exclusion zone". Perimeter air monitoring shall be conducted by a City consultant directly under contract with the City. Q12. If dewatering is required, where are we allowed to pump the water to? Al2. Dewatering is not anticipated. However, if dewatering is necessary, the Contractor shall be required to secure all appropriate approvals and comply with regulatory agencies having jurisdiction regarding dewatering activities. Q13. There is no detail that shows how to join the Celebration Bermuda grass with the St. Augustine Floratam, Is there a specific or preferred method to separate them? A13. No, there is no specific or preferred method proposed to separate the Celebration Bermuda sod from the St. Augustine Floratam. Q14. Does the Stabilizer material used under the paving area have to be from the quarry, or can we A14. Stabilizer material used under the paving area shall be sourced from a native rock mining quarry. Douglas Park Environmental Remediation Project — D2 — B-40613 Addendum 3 Bid No.: 15-16-017 Q15. On Plans L-02 the detail shows no clay liner required under the celebration Bermuda turf and 6" of Georgia Clay Liner (GCL) in the infield, but plans C-5,1 shows a detail that requires the GCL. Please clarify? A15. The entire park, with the exception of paved impervious surfaces, shall require the GCL, as detailed in the Project plans. Q16. The ITB contains a reference on page 12 for "Community Small Business Enterprise (CSBE) Participation". The ITB further references a certification by Miami -Dade County for CSBEs. Miami - Dade County's new nomenclature now refers to the program as the "Small Business Enterprise (SBE)" program with certifications in the categories of "Architecture & Engineering (NE)", "Construction" and "Goods and Services (G&S)". Do we assume the ITB Is referencing the SBE program? Also, can we use SBE in any of the classifications to meet the 15% goal? Please advise. A16. Yes, Bidders shall assume that the ITB references to the CSBE program are referencing the newly designated SBE program. Accordingly, Bidders may identify one or more firms in either Miami -Dade County's SBE-AJE category or SBE-Construction category for purposes of complying with the City's CSBE participation requirements. Firms certified under the SBE - Goods and Services (G&S) category will not satisfy the the City's CSBE participation requirements. Q17. During site visit I noticed some areas where test pits were done and existing electrical conduits were damaged. Removing 18" of contaminated fill (12" for Limerock cap and 6" for top soil) will expose much of this existing electrical system; it's all over the park. There is no way to prevent substantial damage to existing underground electrical system when installing this cap and new drainage system, Will the contractor be responsible for 100% restoration/repalr to existing electrical and lighting system, or will this be determined once its uncovered in the middle of the work? A17. The Contractor will be responsible for the restoration/repair to existing electrical and lighting system that is damaged by the Contractor during the construction of the proposed work. Q18. Please provide electrical as built drawings for the existing electrical system. A18. Electrical "as -built drawings" are not available at this time. 019. irrigation is only provided for the the baseball area to receive new Bermuda grass. Does all the existing irrigation system get abandoned in place? A19. All existing irrigation shall be demolished arid disposed of by the Contractor in accordance with regulatory agency requirements. Q20. Will parks require application of a pre -emergent herbicide? A20. The Contractor shall provide good, clean soil. A pre -emergent herbicide is not specified. Q21. Will parks require application of a selective herbicide during sod establishment? A21. It will be the responsibility of the Contractor to provide a weed free, solid sod, A selective herbicide during sod establishment is not specified. Q22. How long will the contractor have to maintain, irrigate and cut the new Bahia and Bermuda sod? A22. The Contractor will have to maintain, irrigate and cut the new Bahia and Bermuda sod until final acceptance by the City. Irrigation installed as part of the Project shall be guaranteed by the Contractor for a period of one year from acceptance by the City. Sod shall be guaranteed by the Contractor for a period of 90 days from acceptance by the City. Douglas Park Environmental Remediation Project D2 B-40613 3 Addendum 3 Bid No,: 15-16-017 B. Additional Information: 1, Paragraph 1. Contract Time & Hours on page 72 of the Contract Document is hereby deleted in its entirety and replaced with the following: Contract Time & Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time, Contractor shall have Two Hundred Ten (210) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional Forty -Five (45) calendar days to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated contract time and schedule due to the time sensitive nature of the proiect's funding sources. Work shall be performed Monday through Friday from 8:00 am to 6:00 pm. Any Work to be performed outside of these times must be requested in writing to the Project Manager 48 hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Please Note: The form "Reference Letter' found on page 99 of the Contract Document inadvertently refers to "construction, installation, repair and/or replacement of a stormwater pump station". In accordance with the Minimum Requirements for bidding on this Project, submitted reference projects shall involve verifiable large scale (i.e. > 5 acres) remediation projects completed within the past ten (10) years. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE 1\11ADE A PART THEREOF. 1. Annie Perdz, CPPO, Dtrector of Procurement This Addendum shall be signed and dated by the Bidder and submitted as proof of re submission of their Bid. NAME OF FIRM: Cherokee Entetri SIGNATURE: Douglas Park Environmental Remediation Project - 02 - B-40613 4 Addendum 3 DATE: 3/22/2016 Bid No,: -017 ip h the INVITATION TO BUD NO,: 15.16.017 E �,, ; V11 TAL � CiTP PROJECT NO.: B'40613 ( > TO: ALL PROSPECTIVE BIDDERS: ECT The following uhangeo, addVKono, clarifications, and/or deletions amend the above -captioned Invitation to Bid and ahmU become an integral part of the Bkja submitted and the Contract to be executed for Oou0ksa Park Environmental RennediationP '*ot-1132'BidNo.: 15'16'O17(the ^Pr 'ecf'\.P|eaeanotethecontentaherein and affix same tothe documents you have onhand. All attachments (if any) are available on the CITP website and are part of this Addendum, A. Requests for Information — Since Issuance of this ITB No.: 15-16-017 on February 8, 2016: Q1. Information oncertain sheets |nthe Londncaoe/| i adonD[awhngoisiUeoiNe. Al. A clear set of the Landscape/irrigation Drawings ' sheets L'01 through L'05 are attached hereto mmExhibit 1. Q3, Please clarify the information onCorrective Action Plan Drawings sheet E5.00—Panel Schedule and Oetmi|s—Bochma| regarding the "Typical Pole Detail of Lighting F|xtuvas", the pull boxes and which hand hole shall beused when different fixture types share opull box. A2. There are two types wttypical poles referenced inthe details mn 3heatE'S.00. Pole types SC, SB and SD covering the parking lot areas with a separate detail on Sheet E'5.00for pole type SA. Each pole type has espwci§c pu|l box size detail as providod. Please use the larger ofthe respective boxes when two different poles must share m box as in the parking lot areas, Q3. Are OSHA HAZVVOPERtrained employees required throughout the duration Ofthe project? A3. OSHA HAZVVOPERicertified employees shall be required until the Project site is capped with the liner and clean fill, and all contaminated material has been hauled offsite tothe designated Class 1 Landfill. Douglas Park Environmental RemmdiaUonPru]mo —D2—B4DG13 Addendum Bid No.:1S-16-017 04. Please confirm that the proposed concrete walkways shall beGfeet wide. A4. Yes, all walkways shall be 6-ftwide in accordancewith the Corrective Action Plan Drawings and the Corrective Action Plan Specifications. C}5. My company specializes in all ntya| prefabricated dugout structures. Will the existing dugouts remain orwill new dugouts beinstalled? A5. The existing dugouts shall boremoved and new dugouts shall beinstalled. Q6. What is the preferred material for the dugout roofs -vvomd. metal panels, obao} or aluminum? AG. Asloped wooden roof |srecommended for the dugouts. Q7 Does the new fencing and metal dugout roof have tnbeelectrically bonded? A7. Yes, the new fencing and dugout roof shall be electrically bonded. Q8 How will the oib/ address existing equipment that is missing or will need repair such an lamps, ballasts, contactors, timers, photocells, lighting & grounding rods? A8. Prior to beginning any construction activities, the Contractor shall conduct u preoonstructionvva|h±hnou0hwith thmCit/s Project Manager todocument all existing equipment that iseither missing mrwill need repair. C\S. Will the current temporary fence become the property of the Contractor once the job has started, ordoes ithave tobecleaned and returned toathird party vendor? AA. Upon commencement of construction, the Contractor shall furnish and install a new/ construction fence. The existing temporary fence shall be removed, cleaned and returned to the third party owner once the new construction fence is installed and the Projectsite is secure. Q10. Please provide manufacturer and model number of the irrigation booster pump. /41O' Please refer tothe fm||onvinQ documents for information regarding the irrigation pump booster: |rriQationPunnpBooster—Specificatinns(attmchod hereto asExhibit 2);Irrigation Pump Booster ' Power Requirements (attached hereto as Exhibit 3\; and Irrigation Pump Booster —Plan View (attached hereto as Exhibit4). 011. All the existing drainage structures on site will be protect as required by the National Pollutant Discharge Elimination System /NPOES\. However will the Contractor be responsible for vacuuming out all the existing debris in the drainage structures and piping onthe site? A11. Ywo, upon completion of construction and prior to final acceptance by the City, the Contractor shall u{mon all drainage structures and piping on the site. Q12. Other than what is shown on the plans as remaining on the site, are there any items that Must be turned over tothe City during orafter construction such as trash cans, playground equipment, toilet fixtures, etc.? Al2. No, the Contractor shall remove and dispose ofall items not shown asremaining onthe Project site. 013. Are PIP playground surfaces called for bvthe Project plans and specifications? Ai 3. No, PIP playground surfaces are not required by the Project plans and specifications. Q14. Is there aseparate CS}specification book for this Project? A14. No, there /snot aseparate CS|specification book for this Project. O15. Corrective Action Plan Drawings sheet [-5.1 ' Engineering Control Details specifies o12"clean O||cap etsod locations. Clean fill cap in referred tofhroughoutthe Corrective Action Plan Drawings as |imanook. Corrective Action Plan Drawings sheet L-02 specifies O" of soil then the clean fill 2 Duug|osPark Environmental Bid No.:15-15-0M7 under that. Is the clean fill cap comprised of 12" limerock and then 6'80/20 top soil for a total '18" thickness, or 6" limerock and 6" 80/20 soil to a total thickness of 12" clean fill? A15. The clean fill cap is comprised of 6" limerock and 6" 80/20 soil for a total thickness of 12" of clean fill in sod locations outside of the Tree Treatment Areas. Q16. For the Douglas Park Environmental Remediation Project -D2-B-40613, can the contractor dispose of the excess contaminated soil at a Facility Approved by DERM? A16. Please Note; On BID FORM (Page 2 of 11), Bidders must disclose the "CLASS I LANDFILL TO BE USED FOR CONTAMINATED MEDIA". (See page 81 of the Contract Document) B. Additional Information: 1. Exhibit 1 - Landscape/Irrigation Drawings sheets L-01 through L-05; 2. Exhibit 2 - Irrigation Pump Booster Specifications; 3. Exhibit 3 - Irrigation Purnp Booster - Power Requirem ; 4. Exhibit 4 - Irrigation Pump Booster Plan View; THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. di. Annie Perez, CPPO, Director of Procurement This Addendum shall be signed and dated by the Bidder and submitted as proof of receipt with the submission of their Bid. NAME OF FIRM: Cherokee Enterprise Inc. SIGNATURE: Douglas Park Environmental Remediation Project — D2 — B-406 3 3 Addendum 2 DATE: 3/9 Oil Bid No.: 5-16-017 ADD. DU February 26, 2016 INVITATION TO BID NO.: 15-16-017 DOUGLAS PARK ENVIRON ENTAL RE E IATI PR ECT CITP PROJECT NO.: B-40613 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Douglas Park Environmental Remediation Project— D2 - Bid No.: 15-16-017 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the CITP website and are part of this Addendum. A. PL ASE •T The until: PLEASE ALS Tuesday, 0 TE: UE ATE for this ITB has been postponed h 22, 2016 © 2:00 PM The deadline for Requests for Information/Clarification (* Fis) has been extended to ednesday, March 9, 2016 at 5:00 PM. All RFIs must be submitted in writing. The Project Site Visit for this T arch 4, 2016 at 1000 AM. Douglas Park Environmental Remediation Project — D2 — B-40613 has been scheduled for Friday, Location of he Pro-ect 2795 S 37thAve ami, FL 33133 Folio v.: 01-4116-000 • 220 Addendum 1 Bid No.: 16-16-017 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procure This Addendum shall be signed and dated by the Bidder and submitted as proof of receipt with the submission of their Bid. NAME OF FIRM: SIGNATURE: r k e Enterprises, I -1 DATE: 3/9/2016 Douglas Park Environmental Remediation Project — D2 — B-40613 2 Addendum 1 Bid No.: 15-16-017 BID FORM (Pagel of 11) SECTION FOR. - Submitted: 319V2016 City cfMiami, Florida Office ofthe City Clerk City Hall, 1"F|oor 358OPan American Drive Miami, Florida 33133-55O4 The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all naxpooto, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening nfthe bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid |ssubmitted voluntarily and vviUinyk/. � The Bidder agrees, ifthis Bid isaccepted, tocontract with the City, opo|itimdsubdivisionoftheGtateof Florida, pursuant to the terms and conditions ofthe Contract Documents and to furnish all necessary materia|a, equipment, maohinmry, too|a, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered bythe Contract Documents for the Project(s) entitled: Bid No: 15-16-017 Title: DOUGLAS PARK ENVIRONMENTAL REMEDIATKON The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance, The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Conhact, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. |nthe event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected bythe City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price |io&yd in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total, VV Douglas Park Environmental ITS Nu:1548-017 BID FORM (Page 2 of 11) Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. CitV Fu,rn SU must be submitted with your bid. The SU Form can be found posted on thevvebpage with the bid documents. Our Bid Amount Includes the total cost for the Work specified |nthis solicitation, consisting offurnishing all nlmhahols. labor, equipment, supenviokm, mobilization, overhead & profit required in accordance with the Bid Specifications. TOTAL BID CONSTRUCTION COST. $ 4.484.185.00 FOUR MILLION FOUR HUNDRED EIGHTY FOUR THOUSAND ONE HUNDRED EIGHTY FIVE DOLLARS Written Total Bid Construction Cost CLASS KLANDFILL TO BE USED FOR CONTAMINATED MEDIA* Waste Management Monarch Hill and/or Medley Landfill 11 � � � Br�7 ���=~— w~== �� �_ :l Douglas Park Environmental |TBNo:154G-017 RomodiatinnProject —D2_B4UG13 BID FORM (Page 3 o 1) v y result -in -the Bid bein• MS -Excel shco d to be non responsive. DOUGLAS PARK ENVIRONMENTAL REMEDIATION PROJECT --. D2 6-40613 Line No. Pay itern No " Pay item Description Unit Quantity Unit CoCost 1 2 2 3 3 4 4 5 5 ' / 6 6 / 7 .,.., 8 8 9 10 10 TOTAL 82 Douglas Park Environmental ITB No,: 15-16-017 Remediation Project — D2 — B-40613 BID FORM (Page 4ofi1) Part 1: DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part 1: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1.Dated 2/26/2016 Addendum No. 2.Dated 3/7/2016 Addendum No. 3.Dated 3/17/2016 Addendum Nu4, Dated Pat-t II: No addendum was received in connection with this Bid. Part 111; Certifications The Bidder, by virtue of signing the Bid Fonn, affirms that the Bidder is aware ofthe following, and shall comply with all the stated requirements. 1. CommunityGmaU Business Enterprise ("CGBE")Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall beaconsideration inthe award ufacontract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful monofooture, dintribuUnn, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: 0 The dangers ofdrug abuse inthe workplace; (ii) The Bidder's policy ofmaintaining adrug-free workplace; (ii0 Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may beimposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); Douglas Park Environmental [T8Nn:1548-017 BID FORM (Page 5 of 11) (4) Notifying all emp|oyeaa, in vvh0ng, of the statement required by subparagraph (1). that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (i0 Notify the employer in writing of the employee's conviction under a criminal drug statute for m violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City inwriting within ten (1O)calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title ofthe employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of oonviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring inthe workplace: (7) (i) Taking appropriate personnel action against such em[doyee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or |000| health, law enforcement, or other appropriate agency; and Making a good faith effort to maintain a drug -free workplace program through implementation ofsubpanegraphn(1)through (B); and 4. Lobbyng The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence on officer or employee of any agency, a Member of Congnaoo, an officer or employee of Congress, or an employee of Member of Congress in connection with the awarding ofany Federal oontra(t, the making of any Federal gnsnt, the making of any Federal loan, the entering into nfany cooperative agroemnnt, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of anyagency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Cnngnaux in connection with this Federal contract, grant, |oan, orcooperative agreement, the undersigned shall complete and submit Standard Fonn'LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. This undersigned shall require that the language of this certification be included in the award documents for "AU^ sub -awards etall tiers (including ouboontroctn, sub'granto, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification in a material representation of fact upon which reliance was placed when this transaction was made orentered into. Submission ofthis certification ioepre-requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who (3) 84 Douglas Park Environmental |TB No.: 15-16'017 RemediaUonProject —D2-84O613 / ` BID FORM (Page 6 of 11) fails tofile the required certification shall besubject hzacivil penalty ofnot less than $1O.O0Uand not more than $1OO.00Ofor each such failure; and Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cove,edoontracVgnart transactions over $10O.000(per (JK4B). 5. Debarment, Suspension and Other Reaponsibi|ih/Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: (o) An: not presently debarred, auspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted ofVrhad e civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtoining, attempting to obtain, or per -forming o public (Federal, Stoba. or local) transaction or contract under e public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false shah*menta, or receiving a1o|mn property; (o) Are not presently indicted for or otherwise criminally orcivilly charged by agovernment entity (Fedonn|.State, orlocal) with commission of any oythe offenses enumerated inparagraph 1.b ufthis certification; and (d) Have not within a thTee-year period preceding this application/proposal had one or more public transactions (Federa[State, nrlocal) terminated for cause ordefault. (e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual (2)Bidder does have asatisfactory record ofperformance; C8 Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with the City; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; (f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or in port, for cause, due to a default by the Bidder or Offeror, within the past five (5) ymaro, which has not been reversed onappeal by ocourt ofcompetent jurisdiction; or (8> Bidder has not withheld apayment nrnonpayment ofmoneys due the City from the Bidder or, Offeror, within the past five (5) years, unless the full amount of such moneys due the City (h) have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant hothe provisions cfFla. R.Civ.P.1.000titled "Deposits inCourt",anamended, or other applicable Federal, State or Lnmm| Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court, Douglas Park Environmental |TRNu:1546-0M7 RemodiwdonProject —D2—B4OG13 BID FORM (Page Tof11) The Bidder shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails hz provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible, The prospective contractual party may demonstrate the availability of necessary financial, equipment, fnoi|ity, and personnel resources bysubmitting: (1) The bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirr-ris it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit anexplanation tnthe City ofMiami }nwriting. S. Local Workforce Participation Requirements The Bidder certifies to the best ofits knowledge and belief, that it and its principals: (m) have read and understood the provisions ofCity ofMiami Ordinance i3332' codified onSection 1B-BQofthe City Code pertaining k)the local workforce participation requirements onaquarterly basis; (b) have identified inCity Form Subcontractor Utilization ("5U")athird party independent who verifies and is properly licensed under the provisions of F.S. 454.471.473.or481 and who |nnot with the contractor; and (d the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years of experience as required in Ordinance No. 13332,codified anSection 18'8Qofthe City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 653.80. et. ooq, Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated toidentify the anticipated method and cost ofcompliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are abreakout ofthe respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule ofprices, nor beconsidered additional Work, 86 Douglas Park Environmental |TB No.:1S4G'O1T 0DFORM (Page 0pf11) The Bidder further identifies the costs and methods summarized below: Quantity Unit Unit Price Price Extended Method Description Import/place 6"Top Soil CY 6.500 $40.00 $252.880 Prime/pave type 5-3 asphalt SY 0 Drainage structured filter 0 Total $4,484,185.00 Attached is n Bid Bond[K], Cash [ l. Money Ondor[ ]. Unconditional/irrevocable Letter of Credit [ ]` Treasurer's Check [ lBank Draft [ Cashier's Check ].Bid Bond Voucher []orCertified Check [ ] No. Bank of for the oum of Dollars ($ l The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below, Finm'sNomm Cherokee Enter haem In Signature: Printed Name/Title: Gabino Cuevas, CEO [Nian�Lakm� City/State/Zip:City/State/Zip:. FL3301G Telephone No.: 305.828.3353 Facsimile No.: 305.828.9317 E-MailAddroou: a«vpcherokeecorp.com Social Security No. or Federal LD.No,: 05'0891158 Dun and Bradstreet Nn.:O7O873838 If partnership, names and addresses ofpartners: Not Applicable (if applicable) 87 Douglas Park Environmental [TBNo.: 1546-017 BID FORM (Page 9 of 11) CERTIFICATE OFAUTHORITY (IF CORPORATION) | HEREBY CERTIFY that at a meeting of the Board of Directors of Cherokee Enterprises, Inc. .ocorporation organized and existing u rthe|awaofUheState of Florida . held on tha15 day of March . 2018 , a resolution was duly passed and adopted authorizing (Name) 8momu*|Worku as (Tide) vloa President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretaryof the corporation, shall bathe official act and deed ofthe corporation. | further certify that said resolution remains infull force and effect. IN WITNESS WHEREOF, I have Print: GabinoCuevas. Chief Executive Officer CERTIFICATE OFAUTHORITY (IF PARTNERSHIP) | HEREBY CERTIFY that at a meeting of the Board of Directors of .a partnership organized and existing under the laws cf the State of .held mnthe day of . .aresolution was du|ypassed and adopted authorizing (Name) as (Title) c¢the toexecute bids onbehalf of the partnership and provides that his/he/ execution thereof, attested by a pedner, shall be the oOio|e| act and deed ofthe partnership. |further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 120 Partner: Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a kjoint venture agreement indicating that the person signing this Bid is authorized bosign Bid documents onbehalf ufthe joint venture. |fthere i3nojoint venbUnsagree0eot each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual), 199 Douglas Park Environmental |T8No:15-16-017 RnmadiabonProject —O2—B4OG13 BID FORM (Page 10 of 11) CERTIFICATE 8FAUTHORITY HF|ND|V|OOAL) ! HEREBY CERTIFY that, | (Name) . individually and doing business oa(d/Wa) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 89 Douglas Park Environmental ITS No.:164G-0d7 HemmdiaUonProject —D2—B'4OG13 BID FORM (Page I I of 11) NOTARIZATION STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this of 2D//~ , Uy ~ �//^ �a«t� ' who in or who has produced anidentification and who (did / did not) take eDoath. SHGNAU"[ ��� STATE OF,, Z p x a Nt ~-.' ~.-^".w. �01 my Comm, Expires Fab 6.2018 commission wR79934 PRINTED, STAMPED DRTYPED NAME OFNOTARY PUBLIC YV Douglas Park Environmental Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade )SS: City of Miami EInC. as Principal, KNOWN ALL PERSONS BY THESE PRESENTS, that Cherokee nterprises, Allied World Specialty Insurance Company as Surety, are held and firmly bound unto The City of Miami, in the penal sum of 5% of Amount Bid Dollars ($FivercentoArnourt Bid) 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 March 22nd, 2016, for: DOUGLAS PARK ENVIRONMENTAL REMEDIATION PROJECT — D2 — PROJECT NO. B-40613 NOW THEREFORE: (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 91 Doa's Park Environmental ' .: 1 -16-017— - , Remediation Project — D2 — B-40613 BID BOND FORM (Page 2uf3) ' |NWITNESS VVHEREOF.the above bound po��nhave executed this instn�rnentundsn .' their several seala.th� 22»d day of Mooh.2O18 ' - - ' the name and corporate seal of each party being hereto affixed and these presents duly \��r�.� ` - �3o�u�uy/��/oo�/ 0neu,-r.-enIaDv���purau�nt�n��O�AUM��U[����v���h�1j -_-_,_-_-____ -_- lD�oye,Om0e[sh|p. � _ �- �����������'--_.PR|NC|BAL�-__�������� -------PartnershprupJointVnn1wner------------ ... two. (2) Witnesses are required. if g only will attest and affix seal.) AnPer Attached Power of Attorney Cherokee Enterprises,|nc. (Name of Fir (Signature of authorized officer) Affix Seal (Title) 14474Commerce Way (Business Address) Miami Lakes, FL 33016 City State Zip Surety: Allied World Specialty Insurance Company (Corporate Surety) Affix Baa| Surety Secretary (Signature of Authorized Officer) '^` DouQ|ns,ParkEnv }onnio'n"L�i�'/ Warren Alter, Attorney -in -Fact (Business Address) Philadelphia, PA 18103 City State Zip `~p`� 1546'017 \ BID BOND FORM (Page 3 of 3) CERTIFICATE A8TOCORPORATE PRINCIPAL |. U (ae-A/6L'-� certify �� �0�� �#� 'Co/ named�sPdnd /a||nthenx�hinbond|that— —[�']~�nm--7^--- oo`id ' corporation; that |know his signature, and the signature hereto isgenuine; and that said, bond was duly °.signed, se*!ed and attested m/ an a/lu/oauzoorpor _ _ STATE OF-FLORIDA COUNTY OFDADE CITY OF M{AM| Before nne` e Notary Public duly con70kssinned, and qUa[ified, personally appeared Warren Alter to me well knovvO. who being by me first duly sworn upon oath, says that he/she |othe attorney -in -fact, for the Allied World Specialty Insurance company and that he/ahmhaoboenmuthorhedby*||iedmmrmnvnd*|*|omranu,compan�oekecuhatheforegoin8bondVnbehalfof the Contractor named therein in favor of The City of Miami, Florida, Subscribed and sworn to before me this. 22nd day Of March.2U1G INSTRUCTIONS: Bid Bonds must beaccompanied by aPower ofAttorney, in compliance with Instructions h7Bidders , < Notary Public, Gt m |orido/ /issionE `Karol Kelly My Commission IFF 16400D ` 93 ^ ` ~=QdbglaaPark Ehvirunmdntd Allied World Specialty Insurance Company 30 S-17th St, Suite 1600 Philadelphia, PA USA ssue Date: January 29, 2016 KNOW ALL MEN BY THESE PRESENTS: Allied World Specialty Insurance Company, a Delaware corporation (the "Company") does hereby appo NAME(s): David Saline Warren Alter POWER OF ATTORNEY No. 27560-AS1126 FIRM: Alter Surety Group, Inc. 5979 NW 151 st Street Suite 202 Miami Lakes, FL 33014 rue and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby, This Power of Attomey shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date, IN WITNESS' WHEREOF, ALLIED WORLD SPECIALTY INSURANCE COMPANY has caused these presents to be executed by the officer narried below, who is duly authorized and empowered to execute on the Company's behalf. This 29lh day of January, 2016 trAt-'ems+ State of Pennsylvania County of Philadelphia On this 29th day of January, 2016, before me came the at ove named officer of ALLIED WORLD SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. ) Excerpt of Resolution adopted by the. Board of Direct Company), on December, 2(t12: Title: Senior Vice President- Surety Notary My Commission Expires: 88/05/2018 CERTIFICATE e ALLIED WORLD SPECIALTY INSURANCE COMPANY (formerly known as Darwin Nafior "RESOLVED, that the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon th respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; trfrelating thereto ny when so affixed with "RESOLVED, that the facsimile of mechanically reproduced signature of the Secretaryompany, whether made heretofore or hereafter, wherever appearing upon a copy, of any Power of Attorney of the Company, with signatures affixed as next above noted, shall be valid and binding upon the Company with the same force and effect as though nually affixed." "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification tha date thereof, said date to benot later than the date of delivery thereof by such Attorney -in -Fact" I, TIMOTHY). CURRY, Secretary otthe AWED WORLD SPECIALTY INSURANCE COMPANY, do hereby Ceitity that the foregoing excerpts of Resolution adopted by of this corporation, and the Paver of Attorney issued pursuant thereto, are true and correct, and that both the ResohrUcn and the Power of Attomeyare in full force and effect WITNESS WHEREOF, I have hereunto set my hand and affixed the facsim'e seal of Vie corporation, (his 2 2rid SUR 00007 00 /2012) SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not |no|wdmd In The Submitted Form. Such Information Must Be Submitted Within Seven (T) Calendar Days of The City'm Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. Bysubmitting its Bid, the Bidder certifies the truth and accuracy ofall information contained herein. A� Business Information 1. How many years has your company been in business under its current name and ownership? a. Professional Lice nmaa/Cartificmtiuna(include name and numbar)~ General Contractor -CGC150553O Professional Enqineerinq- PE 8149 Professional 8eo|oOyBusiness- GB548 ('include active certifications of community small business enterprise & name of certifying entity) Issuance Date 07/O7/2O15 2/28/2817 07/31/281G b, Date company licensed by Dept. Of Professional Regulation: 4/22/2003 c. Qualified Business License: R1 YesEl No If Yes, Date Issued: 09/02/1999 d. What isyour primary business? Remediation and Fueling Contractor (This answer should be specific, For example; paving, drainage, schools, interior renovations, etc.) e. Name ofQualifier, license number, and relationship tocompany: AlexE. Senuhez, CGC 1605530' and he is the Executive Vice President and one of the Founders ofCherokee Enterprises, Inc. t Names ofprevious Qualifiers during the past five (5)years including, license numbers, [��abonoh�toco[�[�pv�aodve�q�u�qunU�e[�vU�eo����D\L �o' ap�||coD|e oo vv/ uua||Ue�. m�x c�8�no//ez �aa a/vvuyu ueen the General Contractor Qualifier for the compony, 2. Name and Licenses of any prior companies Name nfCompany License No. Issuance Date 3. Type cfCompany: []Corporation RI^8"Cor ti[]LLC[]8 le Proprietorship []01her: (Corporations will ue required mprovide acopy wtheir corporate resolution prior mexecuting a contract) 4. Company Ownership a. Identify all owners of the company, 94 Douglas Park Environmental [TBNo.: 15-16'017 RomediationProject —D2—B4OG13 , Name Title Christine E. Franklin President % of ownership Gabino Cuevas Chief Executive Officer 33% Alex E. Sanchez Executive Vice President 20% Amanuel Worku Vice President of Engineering 18% Jeff S. Northrup Vice President of Sciences 4% b� |oany owner identified above anowner inanother company? 0 Yea FXI No |fyes, identify the name ofthe owner, other company names, and %ownership o. identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for, other provide specific levels of authority) Title Signatory Authority All Cost No -Cost Other Christine E. Franklin President ~ ' �� �� [l ^�l �� ,� �� � GabinoCuovas Chief Executive Officer �� El F1 17 Alex E. Sanchez ExeuutivoVioe+Prenident Z [l [l Fl /\noenua|VVorku Vice President Engineering �O [l [l Fl Jeffrey S. Northrup Vice President Sciences X Explanation for Other: (Note: ''AU" refers to any type o(document including but not limited to contracts, amendment, change proposal mqueaia (CPR), change orders (CO), nnUcau, claims, disputes, etc. Cnut" refers to Cpna. C0o. No -cost refers 8oRF|o.Notices, and other similar documents) 5. Employee Information Total No. of Employees� 51 Number of Managerial/Admin.Empoyees:15 Number ofTrades Personnel ondtota|numberpexdaeeifioabon: (Apprentices must be listed separately for each classification) Operators (5) Superintendents (3) Welder/Pipe fitters (5) How many employees are working Linder H2Bvisas? None G. Has any owner oremployee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: Not Applicable 95 Douglas Park Environmental [TBNo.:154G'O17 7, Insurance & Bond Information a. Insurance Carrier name & address: Bowen, k;ide#eand Britt ofFlorida, LLC 1400 Centrepark Blvd, Suite 4909, West Palm Beach, FL 33401 b. Insurance Contact Name, telephone, &e-mai|: Pam Med|ey (407) 647'1610 Certifinobes@bmbino.nom o. Insurance Experience Modification Rating (EK8R): '97 (if noEmnrating ple*o=explain why) d. Number ofInsurance Claims paid out in last 5years &value: 11 /$22`254�01 e. Bond Carrier name & address: Alter Surety Group, Inc. t Bond Carrier Contact Name, h»|aphona. &e+moi|: UawnAuaphz g. Number ofBond Claims paid out in last 5yeam & value: O 8. Haveany claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle oran adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. Q. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: NIA 10. Has your company been assessed liquidated damages ordefaulted onoproject intile past five (5)yeors? You NoJX Iyou.pUlvdoana#oohment that provides onexplanation othe project and onexplanation. 11. Has your company been cited for any OSHA violations in the past five (5) years? |yyes, please provide anattachment including all details oneach citation. Not Applicable 12. Provide an attachment listing all of the equipment, with o value of$5.8UO or greater, owned by your company. B. Project Management & Subcontract Details 1. Project Manager for this Prjed: a, Name: Amanuel Worku b Years with Company:_ 17 96 Douglas Park Environmental [T8No.:1546-0M7 c Licenses/Certifications: Profenninnp|Fnginee/ 61885(F/) d. Last 3 projects with the company including role, scope of work, & value of project: Citv of Miami Brownfield Remediation as Sr. Proiect Manacler $1.3M (total 3 sites) Fort -Lauderdale Hollywood Intl. Airport Terminal 4 Remediation, Sr. Project Manager $2,970,316 _Miami International Airport Concourse 8'C RemadioUon, Sr. Proiect Manager $1.815.000 2. Subcontractors: Name Trade % of Work License No. Certification* HG Construction Pavinq, Drainage, Demo 8% CGC1511027 12916/Miami- Dade Co. Ruben Electric Tech Electrical-Divie 896 EC13004245 102098Niomi-DadeCo. ('active certifications of community small business enterprise & name mcertifying entity) 3. Scope of actual construction work to be performed bvyour company and the corresponding percentage ofthe work: (This does not include such items asinsurance ~ bonds, ovmp*em.trailers, and other similar non - construction wmmi,omN CE|viU perform 7596 of the contracted work with the exception of e|e_Qticaiand QaWng/dranoOework. C. Current and Prior Experience: 1Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such pnojed», including the owner's nome. title and value of project, scope of work, projected or actual start date, projected completion date, and number ofcompany trades personnel assigned totheproject) 2. Prior Projects nfasimilar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects thePropooerconsidersofanimi|a,.size. scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number nfprojects |denUfindbythe bid solicitation. Information provided must include the owner's name . address and contract peraon, including telephone & e'mai[ title of project, location of projeot, noope, initial value and final cost of the project, projected and final dmeframeu for completion in calendar days and the number of company trades personnel, by doanificabon, that were assigned to the project. The delivery method, ino|uding, but not limited to; design -build, CK4@Riok. Deoign'Bid-Bui|d, etc. is to be identified for each Project. If there isadifference between the initial and final cost or initial and actual timefnameprovide details onwhy the differences exist. A reference letter isto be completed bythe owner nfthe Project andaub/nithadospartofthaBidsubmission. D. Bidder's References Bidders are to include a minimum of five(5) references from completed projects listed in C.2 above. The attached form iohobo used and is to be included with the Bid submission. The C8y, at its sole discretion may allow the Bidder to Submit the references after the specified date for Bid submission. 9? Douglas Park Environmental ITBNn.:154G' 17 RemediahonProject —O2—B-4OGi3 SUPPLEMENT TQ'BID FORM CUSTOMER REFERENCE LISTING (Page 1of1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided nemioao in addition to the minimum five (5) projects of similar size, scope, and complexity. 1) Company Name Miami -Dade Water &Sewer Address 30718VV38thAvenue, Miami, FL33148 Contact Person/Contract Amount Sherry Negahban Telephone No.:/FaxNo. 786-552-8578/786'552-8803 2) Company Name yNiami'[]adeTrannh Address 701 NW YatCourt Suite 1500 Miami FL 33128 Contact Person/Contract Amount AkborShorifi Telephone No.:/Pax No. 780'409-5269/786'468'5573 3} Company Name Bnzword County Aviation Department Address 22OO8VV45Street, Fort Lauderdale, FL33312 Contact Person/Contract Amount Michoe|Paoittu Telephone No.:/FaxNo. 954-359-6103/954'359'1335 4) Company Name Miami -Dade Aviation Department Address MIA P.O.Box 025504AMP- B|dg.3U8U.Miami, FL33812 Contact Person/Contract Amount Gustavo Leal Telephone Ncx:/FaxNo. 305-870'79?H/,3Q5'87O-O?30 S) Company Name City ofMiami Contact Person/Contract Amount Harry James Telephone No.: /Fax No. 305-416-1026/305-416-2156 98 DougbmPark Environmental |TBNo.:154G'017 Remed|ationProject —D%—B4O813 Supplemental Information to Questionnaire Applicablel2.Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. Technical Equipment 2005 JD 200CLC EXCAVATOR Air10005-FID-Photovac Pine Enviromental Omaha Standard -Pipe Rack, Lift gate, Lock bar Cmprs 185cfm/JD Loader/Wacker 1999 JD330LC JD310G (Nortax) EQUIPMENT -EXCAVATOR Welder ARC300 amp 2007 FORK LIFT (Neff) Excavator Mini EC25 (Volvo) D6-Perkins Pump 2007 Bobcat T1490 EX-JD200-01 Boom Rebuild CT-GBCM06-01 Cutting tool CT-GBCM18-01 Cutting tool EX-JD330-01 Tracks Rebuild WS-SWSM200-01 T6-Trailer/Office T7-Dump Trailer Vehicles 2005 Ford F350 PU Pipe Rack and Trailer 2 2006 Ford F250 PU 2007 Ford F150 PU 2004 Jeep Liberty Ford 350 Truck Ford 350 Truck 2008 Ford 150 PU 2005 Dodge Caravan Ford 2010 F 250 Truck 2010 Ford E 150 Van VIN#1FTNFIF Ford F-350 (2012) Ford F-350 (20]2) Ford F-150 (2013) Ford E-350 (2014) P6-2015 Ford F-350 S6-2015 Ford F-150 M1-2016 Ford Explorer P8-2016 Ford. F-450 S7-2016 Ford F-150 18,435,73 10,850,20 15,862.75 16,376.33 106,049.30 58,350,00 30,790,00 63,544.00 6,304.00 31,320.00 11,244.00 11,706,00 18,875.00 19,515.16 28,708.74 37,807.74 18,286,97 50,835.92 9,604,32 7,337,69 671,803.85 45,488,20 5,519.70 34,054,00 30,798.60 11,113.41 42,153.68 42,153.68 26,248,95 13,031.54 37,245,22 24,899.40 32,642,34 47,950,52 33,606.59 24,157.25 47,699,04 37,897.84 33,289,90 58,775.72 34,161.77 662,887.35 CEI Current Experience Hammocks Park / E08-DERM Current/Recently Awarded Contra Miami Dade Parks & Rec. Dept./Department of Environmental Resources Management Hammocks Corrective Action Plan 61,181.79 11/1/2013 7/1/2016 MIA Bldg 2120 / E08-RER MDAD/Department of Environmental Resources Management 12 IW system inspection & site assessment 49,079.70 6/4/2013 9/1/2016 Broward County Public Partnership Homeless Assistance Center Broward County/;MAC Construction Install a Remedial Treatment System 206,923.50 9/15/2014 12/31/2016 Cpa-locka Airport Building 148 Miami Dade Aviaiton Department 5 Opa-locka Airport- Building 148 Source Removal $ 1,492,444.90 8/1/2015 ongoing Hunt -Moss FLL SW Terminai 1 Expansion Hunt -Moss Joint Venture 12 FLL SW Terminal 1 Expansion - Jet Fuel pipe modification 5,026,352.78 10/1/2015 12/31/2016 MIA Concourse E-Satellite MDAD/ MCM Corporation 10 Hydrant Fuel System Modifications 9,100,00.00 11/16/2015 12/30/2016. Facilities & Utilities Mgmt - ISD Miami Dade County Internal Services Department 2 Central Transfer Station - AST Replacement 19,500.00 12/4/2015 5/31/2016 Verizon Fuel System Modifications Verizon Terremark Fuel system modifications $ 222,500.00 12/15/2015 6/30/2016 BCAD Mass Transit Facility at Ravenswood MCM Corporation 6 Fuel System Installation 4,100,000.00 2/7/2013 S/31/2016 South Florida Water Management District S13 Douglas N. Higgins, LLC 2 Fuel system modifications 234,200.00 5/28/2014 5/1/2016 E09 MDAD Miami Dade Aviation Department 6 Aquagas Tank Farm 94,800.00 1/13/2316 8/1/2016 E09 MDAD- Building 410 Miami Dade Aviation Department 6 Source Removal Report MWs Installation 56,400.00 1/13/2016 8/1/2016 City of Homeestead Police Station MCM Corporation 2 Install 6000 gal, fireguard day tank and piping 152,893.00 2/14/2016 4/25/2017 FLL Terminal 4 Expansion MCM Corporation 5 Contaminated Soil Removal 110,000,00 2/25/2016 4/8/2016 IiIIV^ui�' III dn'II 1 sourcd'°Clt' . ', Mla'rrxiperforms s il,k' excavation 'followed by off.site I, S''rc el Or r i' d anon service's:" treatment by in i i r is n „" an to , disposal o l7ifion at glassOnce the'groundwater 'is r ressirrc ac;tl ' a ri rti' iu c arias an' *posed,,'fIco''O'ti1n'g free product' 'rec'o r' ry can and';ttio t, aksparging, soil, apar; xtra t n o 'rne „tr tme,rh,t'''system piultl phas va l ir' traction;! bi9ret i'ediati9n' ' sciil'; sta Iliation,11''atn; riatyra att rl„u tion Non*'trac tion lr, Cr{novati i + luticrr s" I' t od,ita h'a' c e nup l ra l ss°,a, f s r tOli9t, d to'''ma a �'i fle "''tecii ii rrm nts Vigils/Rec , r' n+ ti ' rjd cur, * I ' rrtcf'cl ri .6cl'sew '1'1 I�� �� 'I11 ''I{n �i1�Pi 11 II' "� i, l n � ' d' y' i' ,'Ili1�ct�,�l".t�Ca`„ r1C:1't C'rti 4i�c3 li �QCa�r I � ; C;ri'ing, 4n '';16riir(' ,xcev ted11 ric t nmpcararii st+ ck 61,biO9eitis cif sw t; s ii (non, tra 11 xoa'' 'tic n111 , i'iritre p'prd ' 4.', rr IiMi �J I kl itllNi Pr aje t: i�'llti ri i l iter ia* ona1"' i rp�+p Facility'' nri rgen r, prise ¶ e Fueling',SystOr G©pstru'ction Initial',>�lu,e 00 Oil S' 0 ,1 , �� II ,� rwrrrr � �e ,o 1' rri;�'ca C n'l, �tr, ., !gyp „� ctual' 'oiti i lens n late:' 0 t2013 Address:,4p0 Nyv S6th St, 011iaroif lrL1133166 Contact Narbe' rorr as''Doherty 1 Phone Number: 305,8 iiedlaviatiion rri ' o s . oha . �+ Email: tFr rrra � �al q iII i1 ©rk CEI Inonductderrierdrrcy response r,nc decommissioning, cleanup, an 'restoration 'restor tion' activities associated with 'the fire damegelof +the lrJet-A PUel • cohductec ex, v tion activIt s' ftir„grist' l atr ri pumping s stern "+et' the MiOirrri „International' ' ''Ai Fort„ "' +Purr' Iergrognid,'alectri'cal'ductiban pipe i r n 'sit �' Pi. � � e� l �' r 1' re ''�'ert�ice line iris h � f � � h rr OWN Jet.A '�"l�"' r►k"' a'rrwrir P�crli cave rn � as �, + i� 7^ � w � i r � I i�,�� r 't, ei't e� �i'''Qi}' llh�7ttr"'feet r Formed d an Tor v rrr� cress "i" da ' a was o e � � t� �' of � ro�clmatirre �' �� h � �'a a� ,��� � � resultingin sus �'' 'doun'' Cif tel, entire gaol 'delivery s f' underground electrical uct' k an'ks rafaer; tion's,"' Ih''ac lit+ rr' '„ end ic'ted 'mechanic • onducted excavation sell rities'f r!insGalla �t n' f'I �i' i r e thcdc" r�atect csra s st r r associated� t h c'a r ra � �r � lc ' r 1'i ''t 1 e 1 o '�r�" r IS rer tee !� 'Designed, set-up, land' col decte+ II system for installation' ©fthe rn✓ riping 'system; Approximately of ater were remove s a is � rt activities, a1/Pa Initial Vale:1$'3,398,440 'Fi la!Cost $"5,681,491' Delivery Method: RemedKation Time frame of C mpletio tier/ O Actual" Completion Date:110/ 1 epartinelitof Hon a ani A'ddrsw'',11,;'1 Chapel 'Crossing' Rd,, C nfi~ ct I ar i ,Ste r I eRohn, Envir rri lib 'f'' it 'l rui din6 toVi rs ai ac. 'av ' ion,"'sft1 'g'art' illza't%iari,,'r ': n iri 'z rclaus',Y'e el '; Trs'risport n ;; rid disp'psal; of treated 'sc Pr parratk i nd suk rrii'ssic 6' d f'' i is rerw a°101,11 i'rtij rid' ompaq'i i r t01;;6 ��?"I'' 11 II wy 'I'' uli H1I'l ''nf Iwo �� :I�i' � '9, fqr Project: Miami -Dade Parks, Hammocks Community 'Park Corrective Action Plan ' Location:' 9885 Hammocks Blvd, Miami, FL 33196 initial VVIue: S107,511.53 ' Final Cost: $1'07,511.53 ' Differences: None Delivery Method Design Services Persanriel by Classification: ' 0� 2 °1 '013 1`irrkie,frarroe'Cif C�orrrpletlon:,'11/2 1 �'� 2 A' r l C,o pletion Date: 1212013 Differences None' Client:, Miami -Dade Parks & ,Recreation A'dd,ress: 275 NW 2',nc1St,°Miariil,FL 3138 C'oritac1, Name' Leroy Garcia Pi orre Number: 305:755,7850 ' ' rErr",ail:' G,rARClAL@iniamidade.gov • Task 1 Preparatirrn Plan (CAP). • Task 2 — Preparation Technical" Speclflcatl' • Task 3 - PreparatiQ and Technical Spec • Ina art " Amanuel Worku, P.E Vice President of Engineering Services As a Vice President at CEI, Mr. Worku is primarily responsible for managing large-scale environmental remediation, airport bulk fuel storage and distribution system, and construction -related projects, He is especially selected to handle high -profile and highly technical projects, and those requiring his unique combination of knowledge, experience, patience and ability to transform "difficult" projects into successful ventures. Mr. Worku has established many key professional relationships during the last 15 years managing Professional Services Agreement for Groundwater, Surface Water & Soil Contamination Cleanup Services for Miami -Dade County Facilities, Over this period, he has interfaced successfully with many agencies, negotiated the most cost effective solutions for cleaning up contaminated properties, and presented Best Value solutions to his Clients. His specific areas of expertise include environmental site assessments, remedial system design and implementation, storage tank management and Construction Management of multimillion dollar environmental rernediation projects. Some major projects managed by Mr, Worku are outlined below, To date, he has managed over $40 Million worth of environmental and construction related projects. REPRESENTATIVE PROJECT EXPERIENCE Liberty City Trust/City of Miami Brownfield Development Program- Former Start Station, Remediation of Petroleum Contaminated Soils and Groundwater- Sr. Project Manager • US Department of Homeland Security / Federal Law Enforcement Training Center (FLETC), Environmental Remediation/Construction, Site Delineation, Site -specific Field Sampling- Sr. Project Manager • Miami -Dade Aviation Department- Miami International Airport, Concourse B-C (now D) Rernediation- Principal -in -Charge • Allied Aviation, Airport Fuel Storage/Distribution System — Emergency Response and Jet -A Fuel System Storage/Distribution Facility Source Removal and Facility Reconstruction- Principal -in -Charge Broward County Aviation Department- Fort Lauderdale -Hollywood International Airport Trails End, Emergency PO for Asbestos Contaminated Soil Removal - Principal - in -Charge City of Coral Gables Public Works, Coral Gables Country Club- Limited Scope Remedial Action Plan, Source Removal- Principal -in -Charge • City of Coral Gables- Biltmore Golf Course, Source Removal- Phase I & II- Principal -in - Charge • Miami -Dade County Miscellaneous Sites, Environmental Assessment/Remediation including Air Sparging, Soil Vapor Extraction System and Remedial Action Plan- Sr. Project Manager • Miami -Dade Transit Bus Facilities & Metro Mover Facility, Environmental Compliance including site assessment activities of arsenic contamination of both soil and groundwater- Sr. Project Manager Engineers Contractors YEARS OF EXPERIENCE 18 years AREAS OF EXPERTISE Remedial Design and Construction • Stormwater Management • Facility Environmental Compliance & Management Fuel Storage Tank Removal & Installation EDUCATION B.S. Environmental Engineering, University of Honda PROFESSIONAL REGISTRATIONS Professional Engineer, Florida (PE#61885) PROFESSIONAL AFFILIATIONS • Florida Engineering Society • Air & Waste Management As- sociation • American Society of Civil Engineers O National Groundwater Association TRAINING/CERTIFICATIONS O OSHA 40/8 Hour hIAZWOPER & Refresher • Asbestos Supervisor • US Army Corp of Engineers Contractor Quality Management Cherokee Enterprises, Inc, Engineers & Contractors www,cherokeecorp,com t. 305.828.3353 Amanuel Worku, RE The Office Location Affidavit does not apply boCherokee Enterprises, Inc. SUPPLEMENT TDBID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) ease type orprint clearly. This Affidavit must bmcompleted infull, signed and notarized ONLY IF'Y,OU MAINTAIN ANOFFICE VVITHINTHECORPORATEL|MDSCJF.THE CITY gF&0AMI AS DEFNED BY CITY CODE SECTION 18-73. Legal NanlwofFirm: Entity Type: . heck One) El Partnership F-1Sole Proprietorship UCorporation Corporation Docurn;. nt No: Date Established PRESENT Street Address: State: PREVIOUS Street Address: Date of Issuance How long at this location: How long at this location: According bzSection 1O-73ofthe City ofMiami Code, -samended: City of Miami "Local Office" means a business within the City hich meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operati t within a permanent structure with a verifiable street address that is located within the corporate limits of ie City for a minimum of twelve (12) months immediately preceding to the date bids or proposals were reczived for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-, *me, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether a a duly authorized employee, officer, principal or owner of the local business; a post office box shall not te sufficient to constitute a local office within the City; Ind 29ifthe business islocated inthe permanent structure pursuant tnmlease, such km~emust be|nwriting, for o bann of no |eon than twelve (12) months been in effect for no less than the abe (12) months immediately preceding the date bids or proposals were received, and be available for re 'ew and approval by the chief procurement off icer or its designee; for recently executed leases that have buen in effect for any period less than the twelve (12) months immediately preceding the date bids or pro ~ona|owero received, a prior fully executed lease within the corporate limits of the City that dnoumen,`. in writing continuous business residence within the corporate limits of the City for a term of no less than *ke(12) months immediately preceding the date bids orproposals were received oho|| be acceptable to ~obsfv the requirements nfthis section, and shall boavailable for review and approval .` |OV Douglas Park Environmental |TBNo.:15-1G-017 SUPPLEMENT T0BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer mits designee; further requiring that historical, cleared rent checks or other rent payment clocmentationinwriting that documents local office tenancy shall beavailable for review and approval by the chief procurement officer or its designee; and 3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or onrdrmct at issue, a current Business Tax Receipt issued by both the City and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (112) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate cf use required by either the City or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting ebid or, proposal. According to Section 18-85(a) of the City of Miami Code, as amended: "whenaresponsive, responsible non -local bidder submits the lowest bid price,ondthnbNoubmittedbv one or more responsive, responsible |oon| bidders who maintain m local cffica, as defined in City Code Section 10-73' is within fifteen percent (115%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned n]Dponoive, responsible local bidders ehoU have the opportunity tosubmit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local b|Uder. Contract award nhoU be made 1othe lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of tie in the best and final bid between m local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide b|ddem/Biddmnsto promote economic development within the corporate limits of the City of Miami. |(we) certify, under penalty ofperjury, thatthe office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Authorized Signature GabinoCuevon Print Name Print Name Chief Executive Officer (Cor�}�i��omUTh� Title Authorized Signature Authorized Signature 101 Douglas Park Environmental |TBNo.:15-1G~D17 RomochubonProjevt—D3—B4A}8i3 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade County Business Licenses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. 1 02 Douglas Park Environmental ITB No.: 15-16-017 Remediation Project — 02 — B-40613 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18.89 OF THE CITY CODE Gabino Cuevas hereby certify that: Secretary Principal) of Cherokee Enterprises, Inc. am the (President/Secretary or (Respondent Firm); ii) I have read Sections 18-87 and 18-89 of the City of Miami Procurement Code; iii) (Respondent Firm) Cherokee Enterprises, Inc. hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) hereby is certified by Miami - Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. v) (Respondent Firm) Cherokee Enterprises, Inc. hereby agrees to comply with the Local Workforce Participation Requirements stated in Section '18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) hereby agrees to make assignments pursuant to Item ili), above, to certified CSBE firms who maintain a "Local Office, as defined in City Code Section 18-73; STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE Before mel a NotaR Public duly commissioned, qualified and acting personally, appeared C.-7 e.4.,LO , n ,:,) LLICsi,t7k,5' to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the City. Subscribed and Sworn to before me this (7724 My commission expires; Bonded by 103 Douglas Park Environmental Remediation Project— 02 — B-40613 ITS No.: 15-16-017 N R ot Florida Fob 6, 2018 FF 79934 CITY OFMIAM| CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Sheet No. 1 of 1 Project No. B- 40613, Bid No. 15-16-017 Project Title: Douqlas Park Environmental Remediation This Form must besubmitted with aBidder's Bid submission. Failure hosubmit this Exhibit with the Bid will result inthe bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Portion of DollarNmrnumfBusiness Percent Add naas/Citv/State/Zip License Information** Business SBE Certification****WorkAmount' C3BE DBE Type Number Ruben Electric Tech Electrical-[}ivie $375,000 8% 4»oSwallow Dr, Miami Springs, ooE 10209 rLxnmn HG CODStrUCdUD Paving, Drainage, $350.000 8% 10507SVV70th Street, 3BE 12910 ]*m» ivi/um/'����� � 6 F—) \ | I \ I | I I [—1 I I \ | ^AU tiers must be shovvn, including rnuNpka sub -dens, if permitted by the Contract Documents. °°Listonly those relevant tuthis Project. °°* Must be certified by either Miami -Dade County, State of Florida, or the Federal Government THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (S01) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM "CSBE" This sectian must ke000ttij#t*fdik:V?f_hi*1filt4dittiPtO'Oet*iht!tfio!SSaLS.Atb:t:0ititfatbtkth:at!'VitiliNO:!!titifi.tiWf#:tft00tfof!Wotk!ttil!!thA!ittWiOtt Name of Bidder/Proposer. Cherokee Enterprises, In Address: 14474 Commerce Way Miami Lakes. FL 33016 Project Name: Douglas Park Environmental Remediation Project - D2 Contract Dollar Amount: Contact Person: Amaniiel Work!' Phone No.: 305.828 3353 Project NumberB-40613 Rid No 19-16-017 15% CSBE Dollar Amount Name of Prime Bidder/Proposer Certification No. (if applicable) Certification Expiration Date (if applicable) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (°I) of Contract Value Total Dollar ($) Amount of Bidder's self performance unaersicrneci n en to pertorm tbe toUowinQ work n connection with the Name of Sub -contractor Certification No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement Ruseiti EL E-Cr2 fc 7-k-cH / 6120 4 /0/3 V201-7 E AI - II / 16- r in Lnis torm are true ancl accurate to the best ot my knowledge. I aftirm that willenter into sub-contractua sub-contractor(s) if awarded this contract Copies of the agreement(s) will be immediately made available to the City of Miami as required. 01/7.'16 4A/ 4.4 tA E i Istot,b) Prime' Bidder/Proposof Signature Date Prime Bidder/Proposer Print Name The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the bid specifications. g ent(s) with he above listed CSBE Douglas Park Environmental Remediation Project D2 B-40613 1-1;1e, Ytec1c Sub -contractor Print Name 104 1TB No.: 15-16-017 V I C pitE3 Title MIA inniarriucle.gov Internal Services Department Small Business Development n`NW, Street, 19th Floor Miami, Florida 33126 ro05-3r5-o111pu05o,5-amn September 24. 2015 CERTNO� NO: 10208 Approval Date: QC24/201S 'DBE Mr. Emilio Gmllon RUBENELECTRIC TECHNOLOGY, INC. 450 Swallow Or Miami Springs, FL3315G'O00O Anniversary Date: Annually on September 24 Dear Mr. {rulkm: '`'i iDod County �|8 Bus iness Development t(SBO)ad�idonn/�e|nkymu|OemioenDopadmant(|xu).io pleased to ~~' 'nd— --� fy you that your firm is certified nd the Florida Unified Certification Program (UCP),Your firm meets the eligibility requirements for certification as a Disadvantaged Business Enterprise (DBE) in accordance D8Ecertification iscontinuous with noexpiration date; however, firms are required (oattest that there are no changes via the No Change Declaration form annually on the firm's anniversary date to remain certified. You will benotified ofyour annual responsibilities ioadvance cJthe Ann�e�aryDate |��dabove, You must aubmhthe annual NoChange Doc1a—nnn-|o��r�on\h A Anniversary Dato�omainhyinyouro|i�biUty.Yourfirm'n*i|| — Department he |ix�d��e UCP DEE Din»u��m Directory can be nououundugh the Floridao[T�Transportations weboiie: http:Vwv*"3hdyLmeio.Mun/Equa|0ppvrt�ini�yOffiooBwu|nanyDinmdoq/ DBE certification is NOT a guarantee of work, but it enables the firm to compete for and perform contract work on all USDOT Federal Aid (FAA, FTA and FHWA) projects in Florida as a DBE contractor, sub -contractor, consultant, sub -consultant ormahuhalsupplier, If at any time there is a materlal change in your firm, you must advise this office by sworn affidavit and supporting documentation within thirty `--~-- days, Changes include, but are notlimited to ownership,offioom directors, management, key personnel,scope of work performed, daily operations, on -going business relationships wiUl other firms, individuals mthe physical location ofynu Unn� After ourmview.ynuwi||reoeive|nntruobonsasho how you should proceed, if necessary. Failure to comply will result in action to remove your firm's DBE certification. Questions orconcerns should bodirected to this office bymail mtelephone. Our telephone number is(3O5)375- 3111 and fax number is (305) 375-3160. C]AdioV��ompson, Section Chief Small Business Development Division NAIGS & Industry Title� (Your Will I,% eligible to compete for and perform work oil all USDOT Federal Aid projects throughout Florida and may oarn DGE or 233210'ELcCTnIC^ mwnecmv AND OTHER WIRING INSTALLATION oONTnAC, p,(0yE), October 24.2O14 Mr. Emilio Gmlloo RUBENELECTRIC TECHNOLOGY, INC. 450 Swallow Or MiamiSprings, FL 33168'0000 Dear Mr. Grullon: Internal Services Department Small Business Development 111 NVY1Street, 1srh Floor Miami, Florida 33U28 CERT.NO: 1O209 Approval Date: 1O/24/2O14'C8BELevel I Expiration Date: 1&01/2O17 Miarni Dade County Small Business Development (SEID), a division of the Internal Services Department (ISD) has completed the review of your application and attachments submitted for certification. Yourfirm is officially certified as a Miami Dade County Community Small Business Enterprise (CSBE) in accordance with section 10-33-02 of the code of Miami Dade iCbunty. This CSBE certification is valid for three years provided that you submit a "Continuing Eligibility Affidavit" on or before your anniversary date of October 24 for the first and second year of the three year period. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. Ths ��bn-dj\Lo}ofa "Continuing BlgiLUiyAffidavit^ annujL/wUh specific supporting documents un or before your Anniversary Date b required to maintain the three year certification. You will benotified of this responsibility in advance ofthe Anniversary Date. Failure tucomply with the said responsibilities may result in immediate action todecertify the firm. Pursuant to the applicable section of the code as listed above, "once your firm has been decertified, your firm shall not hoeligible tore-apply for oorbfico0onfor twelve (12)months from the time nfthe daoertihoahon.^ If, at any time, there is.a material change in the firm, including, but not limited to, ownership, officers, dimotor, scope of work being parfonnod, daily opcmhono, mMDUeUnn(s) with other businesses or the physical location of the hrm, you must notify ihi4 of5ce, in writing, within (3O)days. Notification should ino|udemopporfiog documentation. You will receive timely instructions from this office as to how you should proceed, if necessary.This letter will he the only approval notification issued for the duration o/ your Unn'nthree years certification. |fthe firm attains graduation orbecomes ineligible during the three year certification period you will be properly notified following an administrative pmcvxo that your Unno certification has been removed pursuant tnthe code. Your company is certified in the categories as {io0ad below affording you the opportunity N bid and portidpa(e on contracts with goals. Please note that the categories /io|od are very general and are used '-`| - the Vo �t ti mh�-the diredmryfor oerUfied8rmuto meet con�octgoals. You can finn'sup-to-date certificationp |euswe||aoo|1o\herco�ihedUrmsontheMiamiQadoCounty -Internal Services—�—Department, Small Business Development Certified Firms' Directory at the woboUn hbp:llwvmvmiamWedegov/busines s/b mgrams, asp. Thank you for doing business with Miami Dade County. Sincer Gary 10arth���Division akbdor Small Business Development Division CATEGORIES: (Your firm may bid orparticipate oncontracts only under these sL[EcrncxLCONTRACTORS AND OTHER WIRING INSTALLATION CONTRACTORS (CSeE) c Veronica Clark, SBD Laurie Johnson, 8BD / I)BDR007-).201 409m m|ammouuuv October 22.2O15 Mr. Emilio Grullon RUBENELECTRIC TECHNOLOGY, INC. 450 Swallow Dr Miami Springs, FL331GG'OOU0 Anniversary Date: September 24,2O18 Dear Mr. Grullon: Internal Services Department Small Business Development Miami, Florida 33128 rommr5-on1rnn5,xs-31an Miami -Dade County Small pleased to notify you of your firm's continuing eligibility as a certified Small Business Enterprise Construction Services (SBEICONS) in accordance with section 10-33.02 of the Code of Miami -Dade County, Your firm is certified -- the categories listed The S8E/CX]NScertification iocontinuing the Anniversary Date listed above, contingent upon your firm maintaining Its eligibility based on the criteria outlined in the aforementioned code. You will be notified of your annual responsibilities1nmdvanoao[thoAnnivemaryDaba.Youmuu1aubmit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility, Your firm WII be listed in the directory for all Certified firms, which can be accessed through Miami -Dade County's SBD website: If there is a material change in your firm, you must advise this office by submitting a status change form with the associated supporting documentation, within thirty (30) days. Changes may include, but are not limited to, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals or the physical location of your firm. After our review, you wil I receive instructions as to how you should proceed, if necessary, Failure to do so wlill be deemed a failure on your part to cooperate and will 4sult in action to remove your firm's certification. |fyou have any questions urconcerns, you may contact our office ot305-3T5'3111. 8|ncpoy mdiousThompson, Section Chief UBusiness Development Division CATEGORIES! (Your mm"aybid or participate oncontracts only under these rategoriw 2382m-ELECTRICAL CONTRACTORS AND OTHER WIRING INSTALLATION CONTRACTORS naEIGxmo . THIS_EORM_MUST BE COMPLETED BYZIDDERS/PROPOSERS-FOR-PROJECT-S-WITH-GSBER UIREMENTS SCHE ULE OF I TENT AFFIDAVIT (S01) COMMUNITY S ALL BUSINESS ENTERPRISE PROGRAM "CSBE") jwiootjoiioijot4§000t§tofi,Aytko4*44oiep0000itopkAjtggosistg4ogfotimgtortjtotAyakeg:]otottoAptorgopog.wof000scopo*qgtojfog Name of BidderIProposer. .Cherokee Enterprises, 'Inc Address: 14474 Commerce Way, Miami Lakes, FL 33016 Project Name: Douglas Park Environmental Remediation Project - 02 Contract Dollar Amount: Contact Person: Amaniipl Phone No.: 305.828,3353 Project Number: B-40613 Bid No 15-16-n17 1 5% CSBE Dollar Amount Name of Prime Bidder/Proposer Certification 1 Certification No. (if Expiration Date applicable) (if applicable) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Contract Value Total Dollar ($) Amount of Bidder's self performance _. . . . e unciersioned in nso re orrn e followinq work n connection the Name of Sub -contractor . Certification No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement , ___ ..__....__ ______ . , /29 7 6 , • - 3 . / o /-7z,.//f7 , r_-.0.rD _ ./ Y.-- .,,S-0.• 0 0 repre5e1tIiOflS containec in IS Torn are true an accurate to ttle beat ar my knwidge. affir that telil enter into sub -contractual agree sub-contractor(s) if awarded this contract Copies of the agreement(s) will be immediately made available to the City of Miami as required. (14-4" Prime Bidder/Prop9,ser Signature Date Prime Bidder/Proposer Print Name c-G Title e above listed CSBE te-7,37 The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such pods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the abil - meet the bid specifications. iWWJVA ifiriaramw ure Douglas Park Environmental Remediation Project— D2 — B-40613 i4/ (6,454714e.-17cPt 670 Sub -contractor Print Name Title 104 ITB No.: 15-16-017 CEI has not had a project with the of Miami withinhlast three that required Local awarded the contract, we will adhere to all Local Workforce Participation goals described herein. Workforce Participation. As of today, sixty percent of our workforce lives in Miami -Dade County. If N � � LOCAL WORKFORCE PARTICIPATION BID QUESTION: � � 11� 4, List all contracts your company has performed for the City of Miami for the past three (3) years which induded Local Workforce Participation Requirements. The City will review all contracts your company has performed for the City for the past three (3) years in accordance with Section 18- 89 of the City Code, which requires that "the City shall consider the Contractor's adherence to the Cih/'a Local Workforce Participation Requirements within the past three (3) years in making any future contract awards. The solicitation documents will include the Contractor's past compliance with these requirements of the City." As such, the Bidder must list and describe all work performed for the City VfMiami for the past three (3)years, Please provide factually detailed responses for each project thetoddreoaemohof the important items below. (K contract number, name and brief description ofwork; (ii) total dollar value of the contract; 00 dates covering the term ofthe contract; (iv) percentage ofLocal Workforce Participation Requirements met by your company; («) breakdown of local workforce used to meet the requirements (number ofpersons broken down bvtrade and category); (vi) if your company was unable to meet the Local Workforce Participation Requirements, explain the naonono vvhy, and what efforts, if any, were utilized by your company toattempt tomeet these requirements; (v\i) if the project waooveronemi||ionduUaro($1.UOO.UOO)didyourcomponyho|dajob yair(a), if yes, provide the date and location of the 'obtoir(m). number ofattendees; (viii) was adhird party hired to verify and certify compliance with the Local Workforce Requirements, ifyes were all requirements met, what was the third party'sname and provide their current contact information; (ix) was the five percent (5%) retainage fee released to your firm by the City upon project completion, and (x) If your company did not meet the goo|o, did you seek a waiver of the program requirements from any City officials? Please explain in detail. lO} Douglas Park Environmental Dl3Nu:154s-017 RICK SCOTT, GOVERNOR CEN E NIJIVIIIIEI CGC1505536 KEN LA SON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 SANCHEZ, ALEJANDRO E CHEROKEE ENTERPRISES INC 1071 ORIOLE AVENUE MIAVII FL 33166 ISSUED: 06/08/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1406080001477 Refresher certification. does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well ersion 1) is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Training Director ILIMITEIJ, Inc. HA Compliant Safety Training Since 1993 2139 Tapo St, Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit satetyunlimited.com/verification CESSFULLYMET Ci=RTIFJCA7E JW UIREM1 N1 F'C. R;THE COURSE: ENTITLED :40 HOUR & SAFETY TRAINING IN4CCORD{NCE 117171: 0SIL4 29CFRI9!O•!20(e)(3)(0 AND IN EVIDENCE ?HEREOF IS AWARDED THIS CERTIFICATE OF, COMPLETION on the tweatyGrst day of May, 199,8 )orate EitViroumenial Ile Kith Officer •rr.ininp rioridcd Uy: Lac, 162flo-USA Today way. M Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.comlverification _ _ ti la I certifies that has successfully met the 29 CFR /910.120 ccTtiicate requfrentents Aar the course entitled. 40 HOUR HEALTH & SAFETY TRAINING — GENERAL SITE WORKER (E-3-1) and in evidence thereolis awarded this CERTIFICATE OF COMPLETION on the PEaTrARY 3, 1995 Passe- Exam HSW Certificate. Number 3RD FEBRUARY 19 95 day of institute 1110 Navaho Dr. • Suite 602 * Raleigh, North Catalina 27609 • 919-876-8440 = Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Enviroimiental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1 g93 2139 Tapo St., $uite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 3 6-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit fetyunlimited.com/verification In Accordance With Federal OSHA Regulation 29 CFR 1910.120 And all State OSHA and EPA Regulations As Well UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 690A East Los Angeles Ave Suite 180 Simi Valley, CA 93065 888-309-7233 * 805-306-8027 * 866-869-7097 (F) www.safetyunlimited.com Want to be sure this certificate is valid? Visit safetyunlimited.comtverification Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA. Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc, OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.corniverification UNIVER8 TY OF SOUTH FLORIDA as Co se o erit co pleted the :woper une 15, 2012 Itate o Eduardo Talavera Has Successfully completed 8 Hour HAZWOPP.R Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Tn s truc tor #892 NLIMITED, Inc. OSHA Compliant Safety Training Since 1993 150831513028 8/31/2015 Certificate Number Issue Date 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.com/verification HAS SUCCESSFULLY COMPLETED CERTIFICATE RE©UIREMXN7S FOR THE COURSE ENTITLED INACCORDANCE ffIT.HTHE PROVISIONS OF' TITLE 29CFR 1910.I2O(e)(4) AND IN EVIDENCE THEREOF IS AWARDED THIS CERTIFICATE OF CO ON TILE FIRST DAY OF NO' Expires One Year From Date of Issue Trained to "LEVEL A" ovided By: 7 Ivlango Isle, Ft. Lauderdale, FL 33315 Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc, OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Wantto be sure this certificate is valid? Visit safetyunlimited.com/verification In Accordance With Federal OS Regulation 29 CFR 1910.120 And all State OSHA and EPA Regulations As Wfl UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 100719135288 Certificate Number 690A East Los Angeles Ave Suite 180 Simi Valley, CA 93065 888-309-7233 805-306-8027 * 866-869-7097 (F) www.safetyunlimited_com Want to be sure this certificate is valid? Visit safetyunlimited.comivarification 14.mnruu n ZIZte.01 04.111111.14111C4,11B1M11.4 a c Barry James Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) • yius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 151019520920 10/19/2015 Certificate Number Issue Date 2139 Tapo St., Suit e 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.com/verification Annual Refresher Training Required In Accordance With Federal OSHA Regulation 29 CFR 1910.120 And all State OSHA and EPA Regulations As Well IJNUMITED, Inc. OSHA Compliant Safety Training Since 1993 690A East Los Angeles Ave Suite 180 Simi Valley, CA 93065 888-309-7233 • 805-306-8027 * 866-869-7097 (F) www.safetyunlimited.com Want to be sure this certificate is valid? Visit safetyunlimited.comfverification Charlie Overstreet Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Depaitment of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) 94z:994 150603522368 6/3/2015 Julius P. Griggs Certificate Number Issue Date Instructor #892 UNUMI1E�, Inc. OSHA Compliant Safely Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited,comtverification _ - T _ _ V 1 + 414+ r. This certifies that has satisfactorily completed the course study coverin c't 0 Date qp..14 ..` .120 tied to this Compliance Director 'VA'? This is to certify that Danielle Goveia Has completed HAZWOPER 40 HR 360training.com, Inc. is authorized by IACET to offer 4.0 CEUs for this program. This training is taught in compliance with OSHA 29 CFR 1910.120 Completion Date: 05/20/2015 Course Duration: 40.0 360training,com • 13801 Burnet Rd., Suite 100 * Austin, TX 78727 • 800-442-114 trainingsupp 4or tare o mese�e�zt Dorian Venegas Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Jiilius P. Griggs Instructor #892 Compi nc. ety Training Since 1993 151112574721 11/12/2015 Certificate Number Issue Date 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.corniverification Annual Refresher Training Required In Accordance With Federal OSHA Regulation 29 CFR 1910.120(e) And State OSHA/EPA Regulations as well including 29 CFR 1926.65(e) This course is approved for 40 Contact Hours (4 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Want to be sure this certificate is valid? Visit safetyunlimited.com/verificatian Dwayne Anderson Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course (Version 1) is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Heal for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 160206540756 Certificate Number 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.com/verification - - - 444- mate o Comp Dwayne Anderson Has Successfully completed OSHA, 40 Hour HAZWOPER Training t Annual Refresher Training Required In Accordance With Federal OSHA Regulation 29 CFR 1910.120(e) And State OSHA/EPA Regulations as well including 29 CFR 1926.65(e) This course is approved for 40 Contact Hours (4 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 0 ) Julius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 101230140756 12/30/2010 Certificate Number Issue Date 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Want to be sure this certificate is valid? Visit safetyunlimited.com/verification 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 0/1/1) 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Wantto be sure this certificate is valid? Visit safetyunlimited.comNerification IN ACCORDANCE W1T1-1: (7STL129CFRI910_120(e)(3)() AND IN EVIDENCJ T EEEOF IS AWARDED THIS rraiaingI ovided By. STL Pcecsion.1D200 USA Today Way, M[ramar, Florida 33025,954-431-4550 Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA. Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours ((18 CEUs) of continuing education per the California Department of Public Health for Registered Envisorunental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Tnstructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.com/verification _ _ _ ecognition of Successful Completion of A Concentrated Forty -hour Program of Study Presented in Accordance with Occupational Safety and Health Administration Regulation 29 CFR Part 1910.120. ure Instructor ' hn P. Mequio, CHMM te ot cony ,7474 eerMe� Jorge Azconegui Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Depattnient of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) Julius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 150828581926 Certificate Number 8/28/2015 Issue Date 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.corn/verification HAS SUCCESSFULLY COMPLETED CERTIFICATE REQUIREMENTS FOR THE COURSE ENTITLED 'S 40-HOUR HAZARDOUS WAS`E OPERATIONS AND EMERGENCY RESPONSE IN ACCORDANCE WITH THE PROVISIONS OF: TITLE 29CFR 1910.120(e)(3)(1) AND ]N EVIDENCE THEREOF IS AWARDED THIS CERTIFICATE OF COMPLETION ON THE FOURTEENTH DAY OF MAY, 2012 Training Provided By: R. W. POPE & ASSOCIATES, INC., 1117 Mango Isle, Ft. Lauderdale, FL 33315 In Accordance With Federal OSHA Regulation 29 CFR 1910.120(e) And State OSHA/EPA Regulations as well including 29 CFR 1926.65(e) This course is approved for 40 Contact Hours (4 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.cam Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunfimited.com/verification HOUR HAZARDOUS US WASTE OPERATIONS AND EMERGENCY RESPONSE Th'ACCORDANCE F'l1TH THE PROVISIONS OF: 77TT F 29CFR 1910.1201W[ J[tJ AND ZN EVIDENCE THEREOF ISAWAR_DED THIS CERTIi ICATE OF COMPLETION ON TILE TENTH DAY OF JULY, 2008 Expires One Year From Date of Issue Trained to "LEVEL A" Training Provided By: R. W1_ POPE & ASSOCIATES, INC_, 1117 Mango Isle, Pt. Lauderdale, FL 33315 Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) UNLIMITED, Inc. OSHA Compliant Safety Training Since 1 Dg3 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid'? Visit safetyunlimited.com/verification rate o rick bilodeau Has Successfully completed OSHA 40 Hour HAZWOPER Training Annual Refresher Training Required In Accordance With Federal OSHA Regulation 29 CFR 1910.120 And all State OSHA and EPA Regulations As Well 100926128218 9/26/2010 Julius P. Griggs Certificate Number Issue Date Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 690A East Los Angeles Ave Suite 180 Simi Valley, CA 93065 888-309-7233 * 805-306-8027 * 866-869-7097 (F) www.safetyunlimited.com Want to be sure this certificate is valid? Visit safetyunlimited.corniverification . _ _ ttare ar omp Rodrigo Camacho Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course (Version 1) is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Department of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) • 1601245532 1/24/2016 Julius P. Griggs Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 Certificate Number Issue Date 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.com/verification tWICIC ii#A9C!!iD IDDE111**IIXICS#D • # ! a ! ■ ! ■ SHA 40 HOUR HA 0PER COURSE RODRIGO COMACHO 8100 IROD NC TLC CONSULTANT 5500 NW 5" Avenue, Bcca Raton, aca r561} 998-5523 Fax (361) 5=8-5524 teary D. Nash, Certified Environmental Trainer Social Security k February 26 , 2000 Date Of issue oa#aEirasiaaZi7#YaztMilCI i'##i!E# a#awrasE##EDEa#Daaat Caa## of Co tA,a, red Chin Has Successfully completed 8 Hour HAZWOPER Refresher Training Refresher certification does NOT necessarily indicate initial 24 or 40 Hour HAZWOPER certification In Accordance w/Federal OSHA Regulation 29 CFR 1910.120(e) & (p) And all State OSHA and EPA Regulations As Well This course (Version 1) is approved for 8 Contact Hours (0.8 CEUs) of continuing education per the California Depaitnient of Public Health for Registered Environmental Health Specialist (REHS) issued by Safety Unlimited, Inc. (Accreditation # 044) 944.994 1507245531 7/24/2015 Julius P. Griggs Certificate Number Issue Date Instructor #892 UNLIMITED, Inc. OSHA Compliant Safety Training Since 1993 2139 Tapo St., Suite 228 Simi Valley, CA 93063 888 309-SAFE (7233) or 805 306-8027 866-869-7097 (fax) www.safetyunlimited.com Proof of initial certification and subsequent refresher training is NOT required to take refresher training Want to be sure this certificate is valid? Visit safetyunlimited.corniverification u A t I, 5 tff,_ t -LW W_r= INFiAk_ Fp_ t 1 _ F ve ---------------------------------------1# --- - 've This is to certify that W4A4-2,e_AL has enrolled in and completed the hazardous Materials/Waste Site Safety training seminar - sponsored by Service Station Aid, Inc in accordance with O.S.H.A. Regulation 29 cfr 1910.120 4142e- 6. f991 3",:iidd0 IN lEfa 'TVF)41 "C7 E is) 0 w c-= cs) x4 0