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INVITATION TO BID (MTB") NO.: 15-16-036 SW 27T" STREET ROADWAY IMPROVEMENTS - CDBG FUNDING OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO.: B-50204 Bid Due Date: January 17, 2017 Bid Due Time: 3:00 P.M. (Local Time) Mayor Tomas P. Regalado Commissioner Wifredo "Willy" Gort, District 1 Commissioner Ken Russell, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City Manager Daniel J. Alfonso Issued By: City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FI_ 33130 TABLE OF CONTENTS CoverPage------------------------•--•--------•-••..................................._._.. ........------••----••----... Table of Contents.................................................•--.......... 2 Notice to Contractors 6 Section 1 - Definitions $ Section 2 - Instructions for Submission 1. Intention of the City 11 2. Scope of Work ....------------------- ........1_�. 3. Location of the Project -------------- ------------- ......------------------------------------ ------------- --•------ 11 4. Performance of the Work---- ---------------------------------------------------------------------------•--••--------------_ �---1- 5. Examination of Contract Documents and Site .........................................••. 11 ....__._....• 6. Addendum ------------------------------ --------.....--•----------12 7. Bid Submission 12 8. Bid Guaranty 12 9. Preparation of Bid 12 10. Pre -Bid Conference13 --------------------------------------------------------------------------------------------- 11. Postponement of Bid Openina Date .---------------------------------------------------------------1-3 12, Acceptance or_Reiection of Bids---------------------------------------------------------------------------------1.3 13. Environmental Regulations .............. j3 14. Bid Award .......... 14 15. Bid Prote s# (Reference Section 18-104 of the City Code) .................. ...._---.-_-......-_--14 16. Community Smalf Business Enterprise (CSBE)Participation..................................14 17. Local Workforce Participation 15 18. Intentionally Omitted17 ............................ •----.................................... ------------------------------ 19. Cone of Silence 17 20. Public Entity Crime17 ................. .................•---.......----..................------------------._.............------•- 21. Fraud and Misrepresentation18 ------------------------------------------------------------------------- --- 22. Collusion ... ........•---•-----,.........-•...----........-.........---•--•-...........---•-•....1.8 ,1.8 23. Contractor i-n--Ar,re'ars'or"Qe'f'a.u.l.t 24. Cancellation of ITB ...............................................................•..............,...................... 18 Section 3 - General Terms and Conditions 1. Time is of the Essence ---------------------------------• -----------------•---------------•--------------..........-------- 19 2. Contract Term1 ........................... .... ................................................................••-•--------•----9 3, Notices ......................................................................................................................... 19 4. Priority of Provisions 20 5. Indemnification 21 6. Insurance - ---------- --- 22 7. Performance and Payment Bond,....,..... 2,4: 8. Qualification of Surety 24 9, General Requirements 24 10. Method of Performing the Work ............•.........---•......................................... ..............25 11. Work Staging and Phasing ------------------------------------------------------------------------------•--••------------- 26 12. Site Investigation and Representation26 13. Specificat'-------------------------------------•----...,,..,-•-----_----------•-_-------. Contractor to Check Pians. i _ ons and Data 26 14. Contractor's Reseonsibility for Damages and Accidents ........... I ............ 27 15. Accidents --------•--------------------------------------------------------------------------------•------------------------------- 27 16. Safety Precautions ------------------------------------------------------------------------------------------------------------- 27 17, Occupational health and Safety 28 18. Labor and Materials 28 19. Rules_ Regulations, Laws, and Licenses ------------ --------------- ------------------------- 29 20. Consultant Services 29 21. Proiect Management 29 2 SW 27r" STREET ROADWAY IMPROVEMENTS - ITB No.. 15-16-036 CABG FUNDING - B-50201 22. Superintendence and Supervision -----------------------•--.........._..-----................-----.......... 30 23. Authority of the Project Manager ...................................................................................... 30 24. Inspection of Work31 ------------------•-•------...........------....................._..._......, 25. Taxes 32 26. Separate Contracts 32 27. Lands of Work __---____.32 28. Coordination of Work32 29. Differing Site Conditions ......................... ................. 33 30. Existing Utilities33 ............................................................. 31. Contractor's Respansibility for Utility Properties and Service _ 33 32. Interfering Structures34 ................................... ........................... ............. I.............. 33. Field Relocation34 34. Contractor's Use of Project Sites) 34 35. Warranty of Materials and Equipment --------------------------- 35 36. Material and Equipment Shipment. Handling, Storage and Protection ------------ 35 37. Manufacturer's Instructions 36 33. Manufacturer's Warranty37 .----......•......-•......................------------.............----•--•-... 39. Reference Standards..--.............................---..............----------...•-•------------•-•......--•--......37 40. Submittals 37 41. Shop_Orawin_gs .............. 3? 42. Product Data 40 43. Samples 40 44, Record Set44 -- .. . ..................................................•.........-----------........-•-------------...--- 45. Drings and Instructions Supplemental aw 40 46. Contractor Furnished Drawings 41 47. Substitutions 41 48. City Furnished Drawhgs 42 49. Interpretation of Drawings and Documents........................................................... 50. Product and Ma_t_eriai Testing .... 42 51. Field Directives ..............................................._..............-----------........................... 43 52. Changes in the Work or Contract Documents 43 53. Continuing the Work .... ................................. -........................................ .-------------- •43 54. Change Orders .... ....... 43 55, Change Order Procedure44 --------------- 56. No Oral Changes ........................................................ .... 0 57. Value of Change Order Work 45 58. Extra Work Directive ..........................................•-••-•------.-..............---------..-. 47 59. As-Built Drawings ...... .... ....._ .................48 60. Worker's Identification 49 61. Removal of Unsatisfactory Personnel 49 62. Substantial Completion, Punch List & Final Completion 49 63. Acceptance and Final Payment 50 64, NPDES Requirements 51 65, Force Majeure 51 66. Extension of Time 51 67. Notification of Claim52 ................. 68. Extension of Time Not Cumulative52 .............•....,.,..................................................... 69, No Damages for Delay 52 70. Excusable Delay, Non-Compensable 53 71. Lines and Grades 53 72. Defective Work ------- --------•--....,...... 53 73. Acceptance of Defective or Non-Conforming Work -- .__. 54- 74. Uncovering Finished Work54 ............................................................................ 75. Correction of Work 54 SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 76. Maintenance of Traffic and Public Streets 55 77. Location and Damage to Existing Facilities. Equipment or Utilities 56 ............... 78. Stop Work Order -------------------•--.-----.........,.................................--•--•....................... 57 79. Hurricane Preparedness .....................................................................•-......... 57 80. Use of Completed Portions 57 81. Cleaninq Up: City's Right to Clean Up58 72 82. Removal of Equipment ............................. --------------------------------------------------------------- 58 83. Set -offs. Withholdings and Deductions 58 84. Event of Default 59 85. Notice of Default -Opportunity to Gure...................•---•------------------------------------...__.59 86. Termination for Default 59 87. Remedies in the Event of Termination for Default66 --................................................ ... 88. Termination for Convenience 60 89. Resolution of Disputes 61 90. Mediation -Waiver of Jury Trial 62 91. City May Avail Itself of All Remedies -------------•.......-------•..............----.._.....,......_.--------- 62 •... 92. Permits Licenses and Impact Fees62 ....................... ................. --...................... 93. Compliance with Applicable Laws 63 94. Independent Contractor 63 95. Third Party Beneficiaries ..............•----------------------------------------------------------------------------------- 64 96. Successors and Assigns 64 97. Materiality and Waiver of Breach 64 98. Severability64 ......................................................................................................................... 99. Applicable Law and Venue of Litigation 64 100. Amendments... ... ..............••-••--•--••-----•-••---••----------•----------------- 101. Entire Agreement65 102. Nondiscrrnina_tien Egual Employment Opportunity, and Americans with Disabilities Act 65 103, Evaluation 65 104, Commodities_ Manufactured. Grown or Produced in the City of Miami, Miami-Dade County and the State of Florida 65 105. Ro_yaities and Patents --- ............ -------------------- -------------------------- ----------------- -------•----•...... 65 106. Continuation of the Work 66 107. Review of Records66 ...................................................................................................... 108. No Interest 66 109, Pa y ments RefWe d to Guaranteed Obli ations67 110. Consent of City Required for Subletting or Assignment 68 111, Agreement Limiting Time in Which to Bring Action Against the City 68 112. Defense of Claims68 113. Contingency Clause............................ .................. ------- ...................... .68 114. Mutual Obligations 66 115. Contract Extension 69 116, Non -Exclusivity 69 117. Nature of the Agreement 69 118. Contract Documents Contain All Terms 69 119. Survival 69 ----------------------------------- --- 120. Disclosure of State Funding,if a licable 69 Section 4 - Suoolemental Terms and Conditions 1. Contract Time & Hours 70 2. Progress Payments-_ _70 3. Liquidated Damages ..................... ..--.---71_ 4. Schedule of Values 72 5. Pro`ect Schedules 72 6. Release of Liens/Sub-Contractor's Statement of Satisfaction 72 SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 7. Progress Meetings 73 8. Request for Information .._.____.73 9. Prosect Site Facilities-----------------------------------------•--------•-----•-------•------------.-----....-.--------7.3. 10. Inspection of Work--------------------------------------------------------------------------------------- ------74 11. Security 74 12. Construction Signage74 13. Construction Photo9r_ .... ....................................................................---- 75 14. City- Furnished Property .............................................................5 . ... 15. Geotechnical Testing — Intentionally Omitted I ............................................. _____ 75 16. Field Layout of the Work and Record Drawings for Drainage Projects 75 17. Survey Work for Drainage Projects 76 18. E -Verify — klandatory Use ....................................... ------...... ------................76 Section 5 — Bid Form 1. Bid Form 77 Section 6 — Attachments 1. Bid Bond Form 88 2. Questionnaire 91 3. Customer Reference Listing -......................................................................................... 95 4. Form Reference Letter 96 5. Office Location Affidavit 97 6. Certificate of Compliance 100 7. Schedule of Intent Affidavit (SOI) ................... ................................... ---------------..__--__--__.f01 8. Local Workforce Participation Bid Question 102 Section 7 — Contract Execution 1. Corporate Resolution 104 2. Form of Performance Bond105 .......................... •....................................................... 3. Form of Payment_ Bond 107 4. Certificate as to Corporate Principal .......................... 109 5. Paricrrnance and Payment Guaranty Form and Unconditional,'Irrevocable Letter of Credit 110 6, Joint Venture Form 112 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 INVITATION TO BID NO.: 15-16-036 NOTICE TO CONTRACTORS Sealed Bids will be received by the City of Miami, Office of the City Cf e rk, City Hall, 15' Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: SW 27711 STREET ROADWAY IMPROVEMENTS -- CDBG FUNDING Bid Due Date: January 17, 2017 @ 3:00 P.M. (Local Time) THIS PROJECT IS FEDERALLY -FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT ("CDEG") FUNDING, AND, AS SUCH, ALL BIDDERS SHALL BE SUBJECT TO THE CRITERIA, CONDITIONS AND REQUIREMENTS ASSOCIATED WITH THE CDBG FUNDING. BIDDERS SHALL COMPLETE AND SUBMIT ALL OF THE "CDBG FORMS AND CERTIFICATIONS" FOUND ON THE PROJECT'S WEBPAGE. SAID CDBG FORMS AND CERTIFICATIONS ARE, HEREBY, INCORPORATED INTO AND ARE PART OF THE CONTRACT TO BE AWARDED FOR COMPLETION OF THIS PROJECT. IN ADDITION, EACH BIDDER SHALL USE THE FEDERAL WAGES REFLECTED IN WAGE GENERAL DECISION NUMBER - FL160221 05/20/2016 FL221 IN DEVELOPING ITS BID FOR THIS PROJECT AND THE SELECTED BIDDER;CONTRACTOR SHALL BE REQUIRED TO PROVIDE CERTIFIED PAYROLL RECORDS DOCUMENTING THE WORK PERFORMED ON THIS PROJECT. Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for the construction of roadway improvements including reworking/regrading of the road, milling and resurfacing, drainage system installation, sfdewalk replacement, repair of driveway approaches, striping, signage, tree planting and ADA compliant ramps. Minimum Requirements: A. Bidders shall have: i) a current certified General Contractor license issued by the State of Florida: or ii) a Miami -Dade County Certificate of Competency as a General Engineering Contractor; and a minimum of five (5) years of experience, under its current business name in the construction of roadwaylhorizontai projects snvolving public right-of-way, construction/installation/repair/ replacement of drainage system pipes and maintenance of vehicular traffic, supported by references for five (5) projects completed within the past five (5) years. B. Submitted reference projects must demonstrate that the Bidder: 1) served as the Prime Contractor for the referenced projects provided; and ii) self -performed at least thirty percent (30%) of the physical construction Work for the referenced projects. The Selected Bidder/Contractor shall self -perform at least thirty percent (30%) of the negotiated construction cost of the entire Project utilizing its own employees. The City of Miami (the "City") reserves its right to require documentary confirmation of this requirement. The Procurement Department ("Procurement") has scheduled a VOLUNTARY PRE-BID CONFERENCE to be held on the following date, time and location: Location: Miami Riverside Center 444 SW 2nd Avenue, 61" Floor — South Conference Room Miami, Florida 33130 Date/Time: December 21, 2016 @ 10:00 AM (Local Time) fi SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 The Bid documents. including plans, may be obtained by visiting the Office of Capital Improvements ("OCI") webpage: http://w%Aiw,miamigov.com/CITP/ProcurerrentOpp.html, It is the sole resp nsibility of each Bidder to ensure their receipt and understanding of all addendum. It is recommended that firms periodically check OCI's webpage for updates and the issuance of addenda. T All Bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals and on CD in PDF format at the time, date and place listed above, where Bids will be publicly opened. Any Bids received after the time and date specified will not be considered, The responsibflity for submitting a 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. Bidder assumes any risk of any delay or mistake. BIDDER IS HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, Section 18-74, CITY OF MIAMI CITY CODE, as amended. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Section 1 — Definitions Architect of Record (AOR) means a designation reserved, usually by law, for a person or organization professionally qualified and licensed in the State of Florida to perform Architectural Services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Bidder to this solicitation. which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Bidder means any individual, firm, Incorporated or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. 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 Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules. regulations, codes, laws and ordinances shall 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 a party to this Contract. For the purposes of this Contract. "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Community Small Business Enterprise ("CSBE") means a construction related enterprise, including a design -build firm, and any firm providing trades andlor services for the completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. CSSE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents, 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 Engineering Inspection (CEI) means an individual or an organization (assigned by the Director of OC1) responsible in assisting the City's roject and construction Managers in contract administration, site inspections, material sampling and project close-out. Construction Manager (CM) means the individual or organization assigned by the Director of OCI whose duties include reviewing project documents during the design phase and managing the construction phase that include but not limited to directing and coordinating construction activities associated with the project. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. SW 27 STREET ROADWAY IMPROVEMENTS -- ITB No.: 15-16-036 CDBG FUNDING - B-50204 Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda. clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material. equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Design Documents means the construction plans and specifications included as part of a Bid/proposal prepared by the Consultant for this Project under a separate Agreement with the City. Director means the Director of the Office of Capital Improvements, the Project Manager or other designee, who has the authority and responsibility for managfng the Project 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 limitation, all notes, schedules and legends on such Drawings. Engineer of Record (EOR) also referred to as Consultant, a designation reserved by Law for a person or organization qualified or licensed in the State of Florida to conduct engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, 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 by the Contract Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents as the 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 Contractor and of the Work performed by Contractor. Local Workforce Participation Requirements mean the requirements set forth in § 18-89 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 of Miami municipal boundaries (e.g. city limits). Materials mean goods or equipment incorporated in the Project, or used or consumed in the performance of the Work. Notice of Award means the letter written to the Contractor notifying the Contractor that they have been awarded the Contract. X SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Notice To Proceed means 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 on the Project. Physical Construction tabor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of the Project. Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completedor partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager (PM) means the City employee (assigned by the Director) to manage Project that may include, but is not limited to, coordination of design, procurement and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Request for Information (RFI) means a request from the Bidder seeking an interpretation or clarification relative to the Contract Documents. The RF , which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Bidder interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management 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 means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one �%ho merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion 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 Compliance shall not be deemed 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 or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CABG FUNDING - B-50204 Section 2 — Instructions for Submission 1. Intention of City It is the intention of the City to describe in this Invitation to Bid ("ITB") the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Any Work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, shall be supplied by Contractor whether or not specifically called for. Where words have a well-known 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, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and Contractor shall 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 consists of furnishing all materials, labor, and equipment necessary for the construction of roadway improvements including reworking/regrading of the road, milling and resurfacing, drainage system installation, sidewalk replacement, repair of driveway approaches, striping. signage, tree planting and ADA compliant ramps. 3. Location of the Project SW 27th Street from SW 32nd Avenue to SW 27th Avenue AND SW 31st Court from SW 27th Street to SW 27th Terrace 4. Performance of the Work Contractor shall self -perform (complete) at least thirty percent (30%) of negotiated construction cost of the entire Project utilizing its own employees. The City reserves its right to require documentary confirmation of this requirement. By submitting a Bid, the Bidder certifies that it shall utilize its own employees to meet this requirement As part of the Bid, the Bidder must include the form titled `Questionnaire". Failure to complete and submit this form, or to meet this requirement, 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 of Contract Documents and Site It is the responsibility of each Bidder, before submitting a Bid to this Invitation to Bid (ITB), to: • Carefully review the ITB, including any addenda and notify the City of all conflicts, errors or discrepancies. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance and furnishing of the Work. • Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Procurement Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a B+dder's ability to perform the Work. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.. 15-16-036 CDBG FUNDING - B-50204 • Study and carefully correlate Bidder's observations with the requirements of the ITB. • Sign and return all required ITB forms as applicable. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents 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 via written addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Department (Procurement) in writing, to the attention of Anthony Hansen, Senior Procurement Contracting Officer at amhansen(d)miamigov.com, with a copy to the Office of the City Clerk at clerks,c�miamigov.cem. 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 OCI webpage. Written questions must be received by the City, no later than December 30, 2016 at 5:00 PNI, 7. Bid Submission All Bids must be received by the City of Miami, Office of the City Clerk, located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for Bid opening. enclosed in a sealed envelope and legibly marked on the outside: PROJECT NAME: SW 27TI STREET ROADWAY IMPROVEMENTS Bidders must submit t,vo (2) original Bid pa:;kagas and on: al :crronic Bid package on a CO or US3 Driva in PDF format. Failure to submit trvo (2) originals may result in the Bid being deemed nor} -responsive. 8. Bid Guaranty All Bids shall be accompanied by either an original Bid Bond executed by a surety meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Uncon6tionalrlrrevocable Letter of Credit, Bid Bond Voucher (for projects less 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 of 5% of the total Bid amount, (payable to City,) and conditioned upon Contractor executing the Contract and providing the required Performance and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by OC# at its sofe and absolute discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the cost and expense incurred should said Contractor fail to execute the Contract, and provide the required Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management Administrator and the City Attorney, as to legal form. 9. Preparation of Bid All Bids shall be made upon the blank City forms provided herein and herewith. The Bid must be signed and acknowledged by the Bidder, in accordance with the directions on the ITB. Failure to I' SW 27' STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 utilize the City's forms. or fully complete said forms, may result in the Bid being deemed non- responsive. The Bidder shall be considered non-responsive if its Bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with the Bid, the form titled "Information for Determining Joint Venture Eligibility" (Form A), and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective rcles, responsibilities and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A VOLUNTARY PRE-BID COINFERENCE will be held on December 21, 2416 @ 10:00 AM (Local Time) at the Miami Riverside Center, 6'h Floor South Conference Room, 444 SW 2"`' Avenue, Miami, FL 33130. to discuss this ITB. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the ITB. Attendees are requested to bring this ITB Package to the conference. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of Bid submissions and will make a reasonable effort to give at least five (5) calendar days' notice of any such postponement to prospective Bidders. The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to not award any Contract, in the reasonable discretion of the City. The City reserves the right to waive any minor technicality. informality, variance, deviation, omission or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the price before the expiration of one hundred eighty (180) calendar days from the date of Bid opening. A Bidder may withdraw its Bid after the expiration of one hundred eighty (180) calendar days from the date of Bid opening by delivering written notice of withdrawal to OCI prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to dec#are a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a 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 no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidder may receive after the submittal opening date and during performance of the Work under this Contract. N SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City projects by the Bidder. The Bidder must be able to demonstrate a 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 a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any Bidder who. at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or 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 a court judgment against the Bidder may be declared non-responsive. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Chief Procurement Officer, in accordance with the procedures contained in Section 18-104. Resolution of Protested Solicitations and Awards, as amended, of the City Code, Ordinance No. 12271 (the Cita/ of Miami Procurement Code) describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS TO THIS REQUIREMENT. 16. Community Small Business Enterprise ("CSBE") Participation The Contractor must comply with the following CSBE participation requirements. All instructions, required forms and other information necessary for complying with the CSBE participation requirements are available on the OCI webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami - Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the kliami-Dade County Code; b) Five percent (5%) of the Sid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the CSBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; C) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a 14 SVS! 27T" STREET ROADWAY IMPROVEMENTS - ITB No.; 15-16-036 CDBG FUNDING - B-50204 minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related 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:flwww. miamidade.govfbusiness/reports-certification-lists.asp 17. Local Workforce Participation Contractor must employ the following minimum percentage requirements for on-site labor from persons residing within Miami -Dade County (an individual whose primary place of residence is within Miami -Dade County). for the duration of the Project: Construction contracts with a construction cost of up to $250,000.00 shall have no Local Workforce Participation requirement. 2, Construction contracts wfth a construction cost of $250,000.00 or more, but less than $500,000.00 shall have a minimum Local Workforce Participation requirement of tan percent (10%). 3, Construction contracts with a construction cost of $500,000.00 cr more, but less than $750,000.00 shall have a minimum Local Workforce Participation requirement of fifteen percent (15%). 4. Construction contracts rrJth a construction cost of $750,000.00 or more, but less than $4.000.000.00 shall have a minimum Local Workforce Participation requirement of t",/enty percent (20%). 5. Construction contracts with a construction cost of $4,000,000.00 or more shall have a minimum Local Workforce Participation requirement of forty percent (40%). All local workforce participation percentage requirements listed above shall be appiied on the construction Project's on-site labor force. The County residency of the onsite labor component shall be subject to verification by the OCI. II. The Contractor shall strive to employ a minimum of fifty percent (50%) of the aforementioned minimum Local Workforce Participation percentage requirements from within the City commission district where the Project is located. 111. Five percent (5%) of the Bid amount shall be retained by the City for the local requirements until said requirements are fulfilled and verified by the City Manager, or authorized designee as being fulfilled within three (3) months of Contract completion. f=ailure to satisfactorily meet the requirements shall result in the forfeiture of the retained amount to the City, this five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City and will comply with percentages specified in F.S. § 218.735. IV. The Contractor shall coordinate jab fairs and hiring initiatives with the South Florida Workforce or a similar state chartered regional workforce development board acceptable to the City Manager. SQA! 27"' STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 1. For contracts with a Bid amount between $1,000,000.00 and $2,000,000.00, the Contractor shall be required to hold one job fair within the local community. 2. For contracts with a Bid amount greater than $2,000,000.00, the Contractor shall be required to hold two job fairs within the local community. V. Bid and response documents to which a Local Workforce Participation requirement goal has been applied shall require the Contractor to develop and submit to the City, within thirty (30) days of notification of award of the construction contract, a workforce plan (plan) outlining how the goal will be met, and containing the following information and elements required by this section. The Contractor shall provide to the City, proof of adherence to the City's Local Workforce Participation requirements within the past three (3) years, and the Contractor's past compliance with these requirements. The Contractor's response must include: 1. Contract number, name, and a brief description of Work; 2, Total dollar value of the Contract; 3. Dates covering the term of the Contract; 4. Percentage of Local Workforce Participation requirements met by the Contractor; 5. Breakdown of local workforce used to meet requirements (number of persons broken down by trade and category); B. If the Contractor was unable to meet the Local Workforce Participation requirements, explain the reason why, and what efforts, if any, were utilized by the Contractor to attempt to meet these requirements; 7. If the Project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if yes, provide the data and location of the job fair(s), number of attendees; 8. Was a third party hired to verify and certify compliance with the Local Workforce Participation requirements, if yes, were all requirements met, what was the third party's name and provide their current contact information; 9. Was the five percent (5%) retainage fee released to the Contractor by the City upon Project completion; and 10. If the Contractor did not meet the goal, did Contractor seek a waiver of the program requirements from any City official, and provide a detailed explanation. The plan shall identify by name, address, and trade category of all persons proposed to perform Work under the Contract currently on the Contractor's payroll, or positions to be hired by the Contractor, who reside within Miami -Dade County. An updated plan shall be submitted to the City's Project Manager on a monthly basis, and in the event that during the Contract period a new hire or a person identified in the plan as meeting the Local Workforce Participation requirement goal is replaced, the City may require the Contractor to immediately identify the replacement. VI. The Contractor shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the Contractor, and be properly licensed under the provisions of Florida Statute Chapters 454, 471, 473, or 481. The firm performing the verification shall have a minimum of two (2) years of prior 16 SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 professional experience in contracts compliance, auditing, personnel administration. or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall 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 ITB document; 2. It is disallowed by federal or state law or grant requirements; 3. Funding sources require alternate. contradictory or specifically exclude or disailow Local Workforce Participation requirements; 4. These requirements are waived by the City Commission by resolution, prior to issuance of the ITB document, upon written recommendation of the City Manager or designee. Bidders should refer to Section 18-89(f) of the City of Miami Procurement Code for further clarification. This language is only a summary of the key provisions of the Local Workforce Participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord. No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord, No. 13493, § 2, 1-22-15 for a complete and thorough description of the Local Workforce Participation requirements. Bidder may contact the Office of the City Clerk at (305) 250-5360, to obtain a copy of the same. 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami Ordinance No. 12271. a 'Cone of Silence' is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must be submitted in writing to Procurement and Bidders must file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail to amhansenrmiamigov.com, with a copy to the Office of the City Clerk at rcastilloca.miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy. 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 of a public building or public works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform Work as a Contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of (36) thirty six months from the date of being placed on the convicted Bidder List. SUV 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 21. Fraud and Misrepresentation Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code, The City, as a further sanction, may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a Bid to an ITB, such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the principals thereof which have a 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 same project(s). Bids found to be collusive shall be rejected. 21 Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City and is not a defaulter as a 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 or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's responsibility or qualification to receive public agreements. The Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and shall 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, at the time and date Bids are due. 24. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation, SW 27T" STREET ROADWAY IMPROVEMENTS — ITS No.: 15-16-036 CDBG FUNDING - B-50204 Section 3 — General Terms and Conditions 1. Time is of the 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 completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the 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 70, Excusable Delay, Non -Compensable the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to material persons and laborer. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work, 2. Contract Term The Contract shall commence upon issuance of the Notice of Proceed (-NTP`), which shall 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 Maximum Cost ("GMC") of the Project which means the maximum cost of the Work including labor, materials, equipment, overhead expenses and profit. The City will not be liable for payment of any amount in excess of the GMC (unless, the City Commission has approved a project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GNIP") is used in this Agreement, it shall have the same definition as GN -IC, defined above. 3. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified: and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: to SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 For City of Miami: Jeovanny Rodriguez, P.E. Director Office of Capital Improvements City of Miami 444 S.W. 2" d Avenue. - 8" Floor Miami, Florida 33130 Email: joovannyrodriguez;�miamigov.com Phone: (305) 416-1225 Annie Perez, CPPO Director Department of Procurement City of Miami 444 S.W. 2"d Avenue, - 6" Floor Miami, Florida 33130 Email: AnniePerez�rrriamigov.com Phone: (305) 416-1910 Hector Badia Assistant Director Office of Capital Improvements City of Miami 444 S.W. 2"Avenue, - 8" Floor Miami, Florida 33130 Email: hbadia,a^miamigov.com Phone: (305) 416-1236 For Contractor: Mario Gonzalez, President Maggoic, Inc. 11020 SW 55" Street Miami, Florida 33165 Email: macigolc yahoo.com Phone: (786) 291-2949 During the Work the Contractor shall maintain continuing communications with the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and ,phone numbers from Valentine Onuigbo (305) 416-2588, the City of Miami's Project Manager for this Project. The Contractor must notify residents living within 500 feet of the Project in writing as least one week in advance prior to commencing Work in the general area. 4. Priority of Provisions 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 SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 as the Miami Dade County's Standards Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract documents the priorities stated below shall govern: • Revisions to the Contract shall govern over the Contract; • The Contract Documents shall govern over the Contract„ and • Addenda to an ITB shall govern over the ITB. In the event of conflicts within the Contract Documents the priorities stated below shall govern: • Scope of Work 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 of the plans, unless specifically stated otherwise; • Larger scale drawings shall govern over smaller scale drawings; • Figured or numerical dimensions shall govern over dimensions obtained by scaling: and • Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern, 5. Indemnification Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from all liabilities, damages, losses, judgments, and costs. including, but not limited to reasonable attorney's fees, to the ex`ant caused by the negligence, recklessness , negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, 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 action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise 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 as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own 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 cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable. Contractor shall require all subcontractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City �I SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 participated either through review or concurrence of the Contractor's actions. In reviewing. approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or subcontractor, 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 by the Contractor. 6. 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 as is otherwise specified hereinafter), the insurance coverage's set forth herein. 6_1. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all app#lcable federal laws. In addition, the policy(ies) must include: ■ Waiver of subrogation ■ Statutory State of Florida • Limits of Liability 6.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000,00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000,00) Dollars each bodily injury caused by disease, policy limit. 6.33. Commercial General Liability (Primary & Non Contributory) (CG 2010 11185) (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence,. combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00), Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. • Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000.00). ■ CGL Required Endorsements Contingent Liability/Independent Contractors Coverage Contractual Liability D Premises and/or Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11185 or its equivalence. 5W 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 6.4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include any Auto, including faired, Borrowed or Non -Owned Autos. 6_5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily injury and property damage liability with limits of Three Million Dollars ($3,000,000.00) per occurrence, Three Million Dollars ($3, 000,000.00) Aggregate. Excess follow form overall applicable liability policies contained herein. City shall be listed as an additional insured. 6.6. Installation Floater Causes of Loss: All Risk Valuation: Replacement Cost 6.7. Owners & Contractor's Protective Each Occurrence $1,000,000.00 General Aggregate $1,000,000.00 City shall be listed as an additional insured. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shalt be furnished at leapt thirty (30) days prior to the date of their expiration. Notice of Cancellation and. or Restriction --The policy(ies) must be endorsed to provide City with at least thirty (30) days' notice of cancellation and/or restriction. Contractor shall furnish to Procurement 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 Insurance shall 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 Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Management Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 3, General Terms and Conditions, Article 3, Notices, Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 7. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Perform ancelPayment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the completion 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 Project(s). Each Bond shall be with a surety, which is qualified pursuant to Article 8, Qualification of Surety. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the 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 or unconditional letter cf credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the bVork. 8. Qualification of Surety Bid Bonds, PerformancelPayment Bonds over Two Hundred Thousand Dollars ($200,000.00): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing. authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the 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 circular, and the excess risks must be protected by coinsurance, reinsurance. or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 9. General Requirements The employee(s) of the Contractor shall be considered to be at all times its empioyee(s), and not an employee(s) or agent(s) of the City or any of its departments. 24 SW 27' STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 The Contractor shall at all times, employ, maintain and assign to the performance of the Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all times cooperate with the City and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City shall have full access to the Project sites) at all times, The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the 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 up Work to the prejudice of Work already started, and the City may require the Contractor to finish a section on which Work is in progress before Work is started on 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 emission from them of a detailed description concerning any Work to be done and materials 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. 10. Method of Performinq the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work farce; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project 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 a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off-site damage. Contractor shall take all necessary and prudent measure to control dust. SW 27' STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 The Contractor shafl furnish to the City a complete listing of 24-hour telephone 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. 11. Work Sta ing and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility, The manner in which the Work is performed shall be subject to the approval of the City, whom, if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the City at least 24 hours in advance of the interruption of City operations. The Contractor 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 of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 12. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and locations) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads. the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknovvledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project site(a) wiil not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 13. 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 City as part of the Contract Documents, and shall notify the City and the of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the City. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to the City. ih SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 14. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until 'Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re-scded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the Work. Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 15. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to persons injured during the Project's duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the City Project Manager and Consultant every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 16. Safety Precautions Contractor shat€ be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: All employees on the Project site(s) and other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and Other property at the Project Site(s) or adjacent thereto, including trees, shrubs, lawns, walks„ pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the City. Contractor shall comply with all applicable laws, ordinances, 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 loss: and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shalt notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, 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 the City has issued the Contractor a notice of Final Acceptance. SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Project_ If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding. barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, 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 ft, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shaft be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the City. If an emergency condition should develop during a Project, the Contractor must immediately notify the City of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the City. 17. 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 as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information:. • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: The potential for fire, explosion, corrosion, and reaction; The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. • 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 to alert any person reading this information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 18. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, 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. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 45-16-036 CDBG FUNDING - B-50204 Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 19. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, 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 agents, subcontractors and representatives shall be familiar with and comply with all federal, state and local lavvs, rules, regulations and approvals that may affect the Work, goods and/or services offered. 20, Consultant Services The City, at its sole discretion may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with, for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 23, Authority of the Project Manager, of the General Terms and Conditions, On the basis of the on-site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for revfew and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, subcontractors and invoices. The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional 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 discretions, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 21. Project Managernent Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance 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 licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of lienslclaims fees; and obtaining temporary and final Certificates of Occupancy or Completion, SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 C©BG FUNDING - B-50204 22. Superintendence and Supervision The orders of the City are given through the Consultant or the Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time, competent, English speaking superintendent, and any necessary assistants. all satisfactory to the City. The superintendent shall not be replaced except with the written consent of the City. unless the superintendent proves to 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 to Contractor, and will be confirmed in writing by the City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The City shall be provided telephone number(s) for the superintendent, where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition(s) 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 site(s); visitors to the Project site, including City regulatory representatives; any special or unusual conditions 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 shall be kept on the Project(s) site(s) and shall be available at all tdmes for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course 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 Plans, it shall be the Contractor's duty to immediately inform Project Manager and Consultant, in writing, and the City will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 23. Authority of the Prosect Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall 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 to the Contractor shall 0 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 be issued in writing, and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. The Project Manager shall have access to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager may perform their functions under the Contract. The Project Manager will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents, The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager 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 Consultants authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall 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 of the Work. Ali interpretations and recommendations of the Project [Manager and Consultant shall be consistent with the intent of the Contract Documents, The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 24. Inspection of Work Consultant, Construction Engineering & Inspection (CEI) consultant, and City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Should the Contract Documents, Consultant's, 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 the City timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than the 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 the City, it must, if required by the City, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the City, and if 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 of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's 5W 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-54204 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 the City. 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. 25. 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. 26. Separate Contracts Prior to the commencement of the Work, the City 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 City 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 the City 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 the City any discrepancy between the executed Work and the requirements of the Contract Documents. 27. 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. 28. Coordination of Work The Project Site(s) may be occupied and may operate as specified in Section 4 — Supplemental Terms and Conditions, paragragh 1. Contract Time and Hours. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG 'FUNDING - B-50204 Contractor may be required to coordinate the Work with other contractors performing Work at the Project site. 29. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless 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 shat! be allowed if made after the date certified by the City as the date of substantial completion. 30. Existing Utilities Known 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; however, it is expected that there may be some discrepancies and omissions in the locations 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 accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow 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 a minimum of 48 hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 31. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies 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 W SW 27TH STREET ROADWAY IMPROVEMENTS— ITB No.: 15-16-036 CDBG FUNDING - B-50204 appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result 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 domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City. Replace, with material approved by the City, at Contractors expense, any and all other laterals. existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the City. Replace, with material approved by the City. at Contractor's expense. any existing utilities damaged during the Work 32. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, 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. 33. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the City at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the City before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where 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. 34. Contractor's Use of Project Sites Limitations may be placed on the Contractor's use of the Project Site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project Site(s), so as to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: 34 SW 27` STREET RCADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 Confine operations at the Project site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager_ 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 or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project Site(s) shall be subject to the approval of the Project Manager. 35. Warranty of Materials and Equipment Contractor warrants 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 faults and defects and in conformance with the Contract Documents and Contract/Documents. AJ Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant. Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This °,varranty is not limited by any other provisions within the Contract Documents. 36. Material and Equipment Shi2ment, Handling, Storage and Protection Preonrati_on for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan 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 shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, 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 recommended requirements for storage prior to installation. Packaging and Deliven/ of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner 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 material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7 -day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving ;� SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDSG FUNDING - B-50204 The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector, Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified: and the Contractor shall be fully responsible for informing the manufacturers 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 or supply the missing parts. Handling Equipment and materials received for installation on the Project shall be handled in accordance with the manufacturer's recommerdations. and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to instaVation as recommended by the manufacturer, Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for 'inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City Provide the required or manufacturer's recommended maintenance during storage. during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the City. and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 37. Manufacturer's Instructions The Contractor shall Comply with manufacturer's requirements for the handling. delivery and storage of all materials, Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. ;h SW 27TH STREET ROADWAY IMPROVEMENTS— ITB No.: 45-46-036 CDBG FUNDING - B-50204 Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection 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 Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship. and applications, Manufacturer's representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 38. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties. expressed and/or implied, sha!I be made available to the City for material and equipment covered by this Contract Documents. All materia! and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project. 39. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents 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 unless otherwise stated. 40. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission the Contractor shall advise the City in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City of any deviations shall make the Contractor solely responsible SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 for any costs incurred to correct. add or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: Number and title of drawing, including Contract title and Number • Date of drawing and revisions • Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility • Specification Section title and number • Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Managers or Consultant's action stamp • Submittal or re -submittal number (whether first, second, third, etc.) • Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawing submitted 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 Documents. Contractor shall bear the risk of any delays that may occur as a result of such rejection_ City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. Project Manager or Consultant shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City'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 City shall 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 Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that all materials, field measurements 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. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to: job site file, record documents file, Subcontractor„ suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies 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 by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements of the Contract Documents. Nothing in the City's review of Shop Drawings, Submittals and Samples shall be construed as authorizing additional Work or increased cost to the City. Section 01340 contains additional requirements for submittals, Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. ;5 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 GDBG FUNDING - B-50204 41. Shop Drawings Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City's award of the Contract, Contractor shall submit to the City a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the City shall in no way relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. After the approval of the list of items required in above, Contractor shall 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 of the 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 basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall maka specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. The City shall revie,r/ and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. EOR's approval of Shop Drawings shall 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 Work, nor for the furnishing of materials 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 Drawings have been approved by the EOR. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawsngs. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibifity to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the City along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections 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 be shown. IN SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the City is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with EOR's approval at the job site at all times. 42. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the 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. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 43. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 44. Record Set Contractor shall maintain in a safe place at the Project(s) Site(s) one record copy and one permit set of the Contract documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the City, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the City, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than hero (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the City by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 45. Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written 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 Documents Time. 40 SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 46, Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified- Work can proceed subject to re -submittal and acceptance of the 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 to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City 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. 47. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the nacre of a proprietay item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by City from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the 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 of the 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 a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. :i SW 27TH STREET ROADWAY IMPROVEMENTS — ITS No.: 15-16-036 CDBG FUNDING - B-50204 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the EOR 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 Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered. installed or utilized without the City's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant 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 compliance with and meet all the requirements of the Contract Documents. 48. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This sha!1 afso app{y to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 49. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to aBide by the City interpretation and perform the Work in accordance with the decision of the City. 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. 50. 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 at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 such tests and repair or replace said materials or products. In such instances the City may deduct such cost from any payments pending to the Contractor. 51. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project site. Such Field Directives shall 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 scope of the Work, the Contractor shall, within 48 hours, notify the City that the Work is outside the scope of the Work. At that 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 City that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 52. 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 a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 53. Continuing 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 a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 54. Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not 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 reached for any item requiring a 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; or submit the matter in dispute to the Director as set forth in Article 89, 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 City and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any 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. SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 Linder circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown 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 City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City 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 City stating why the Contractor deems such Work (hereinafter 'Disputed Work") to be Extra Work. Said notice is for the purposes of (I) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 55. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment 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 to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the City 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 cost proposal demonstrating its reasonableness. In furtherance of this obligation., the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City 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 in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. 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 claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, 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 days, submit a revised Project schedule reflecting the changes against the baseline schedule. 44 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 GDBG FUNDING - B-50204 56. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 57. Value of Change Order Work The value of any Worm covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a Contract unit price which Contractor and Project Manager acknowledge contains a component for overhead and profit. • On the basis of the "cost of Work," determined as provided in this. plus a Contractors fee for overhead and profit which is determined as provided in this Article.. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the 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 leave, vacation and holiday pay application thereto. Such employees 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 Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection 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 to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive Bids for the Change Order Work. Contractor and shall 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 plus a 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 of the Work" shall include any of the following: • Cost of special consultants, including, but not limited to, consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. 4, SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.; 15-16-036 CDBG FUNDING - B-50204 • Supplemental costs including the following: • The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, 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, • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor's negligence, royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. • 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: ■ 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 subcontractor 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. 46 SW 27TH STREET ROADWAY IMPROVEMENTS — 1TB No.: 15-16-036 CDBG FUNDING - B-50204 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 the City 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 City, 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." 58. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shali be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 89, Resolution of Disputes, by furnishing a written statement to the Construction Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters 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 of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in f0 satisfaction of the Contractor's claim for an adjustment to the value of the Contract.. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall 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 materials plus a mark-up not to exceed 10%. This will not vary, 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) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same SW 27TH STREET ROADWAY IMPROVEMENTS— ITB No.: 15-16-036 CDBG FUNDING - B-50204 (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 59. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager or Consultant and prepare two copies of As - Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On-site structures and site Work as follows: • 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, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager's or Consultant's written instructions or by Change 41 SW 27TH STREET ROADWAY IMPROVEMENTS - ITEC No.: 15-16-036 CABG FUNDING - B-50204 Order. Approved Shop drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for projects which involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall 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, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. 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.) 60. Worker's Identification The Contractor's employees, who include any Subcontractor, shali 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. 61. 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 finaf 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). fit. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their 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 City 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 City 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 City 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 4L) SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City 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 City shail indicate that the Work is substantially complete subject to completion of the Punch List. Where the City 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 City and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list ail Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective 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 completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 63. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, the City shall, within ten (14) calendar days, make an inspection thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts 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 to final payment; the final corrected as -built drawings: operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to Issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the City so certifies, 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 a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. io SW 27TH STREET ROADWAY IMPROVEMENTS -- ITB No.: 15-16-036 CDBG FUNDING - B-50204 64. NPDES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 4.16-1260 or visit the State of Florida website at http://lmivw.dep.state.fl.use'water,istormwater"nodes,'. Contractor is responsible for obtaining, comp{eting and paying for any required NPDES application or permits that may be required. 65. Farce Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) working days of said force majeure occurrence_ Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Do Not Include inclement weather except as permitted by Florida law and may not include the acts or omissions of Sub -contractors. 66. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted subcontractors, whether or not in privet of Contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Worm beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed: and The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay, Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and iI SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.! 15-16-036 CDBG FUNDING - B-50204 expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The City shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the City a copy of the injunction or 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 a party to any suit or 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 of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order). the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 67. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the City 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 claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim ,vith supporting information and documentation shall be provided unless the City allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall 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 claims for changes in the Contract Time or Contract Price shall be determined by the City in accordance with Article 69, No Damages for Delay, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 68. 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 in Article 70, Excusable Delay, Non -Compensable, the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 69. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any 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, SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 70. Excusable Delay, Nan -Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay, Contractor shall document its claim for any time extension as provided in Article 67, Notification of Claim, hereof. Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 71. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work along the entire project shall be located and constructed using the roadway base center line as reference. All elevations shown therein are in feet. 72. Defective Work The City shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories 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 the City, City shall have the authority to cause the defective Work to be removed or corrected. or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any SW 27r" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty 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 accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation 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 is discovered, or obligate City to final acceptance. 73. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued 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. 74. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultants right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The City shall notify the Contractor in writing concerning all uncovered 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 Work 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 expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site, 75. Correction of Work The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the City of any Work not in accordance with the requirements of the Contract Documents 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 City, 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 shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal 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 expense, 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. 54 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 If, within one (1) year after the date of final completion of the Projector within such longer periods) 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 not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 76. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's Bid, Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Florida Department of Transportation (FDOT) Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall aBide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishirg and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Contra! Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one- half open for traffic, without specific approval. If required by the City, Traffic Division or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off-duty policemen to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, 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 to all adjacent property during construction. The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (NIUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed ;; SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations 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 contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures public streets, the following shall apply: Lane closures require a Lane Closure Permit, obtained bivo weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of lam to gam and 4pm to bpm weekdays, 77. Location and Damage to Existing Facilities, Equipment or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field 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 location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (1 4) calendar days prior to the start of construction to arrange for positive underground location, relocation or support of 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 costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities 6 SW 271H STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, 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 reasonable 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 made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling 78. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a 'Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a 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 as provided in Article 88, Termination for Convenience. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the City determines that the suspension of Wcrk 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 shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 79. Hurricane Preparedness Durfng such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City 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 shall not give rise to a claim for compensable delay. 80. 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 Project. Such possession and use shall 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 possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ;, SW 27" STREET ROADVIAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 ■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from the City. ■ Upon the City's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance. utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. ■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shah issue a Certificate of Final Payment relative to the occupied area. ■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City 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 canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 81. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than 24 hours. At the completion of a Project, Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment. machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work. City may do so and the cost thereof shall be charged to Contractor. If a dispute arises betweer Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 82. Removal of Equipment in case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 83. Set -offs, Withholdings and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: Any amount of any claim by a third party: Any Liquidated Damages; and/or Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. ,o SW 27T" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 84. 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 instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; • The Contractor has refused or failed, except in case 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 prompt payment to subcontractors or suppliers for any services or materials they have provided; • The Contractor 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 of a receiver; • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request. provide adequate assurances and a pian of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fa+is to provide to the City the requested assurances within the prescribed time frame, the City may: Treat such failure as a repudiation of the Contract and/or; 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 possession of all applicable documentation and data. 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. 85. 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 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 no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract wr th the City. 86. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence i�) SW 27r" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 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 law, may immediately, upon written notice to Contractor, 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 or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor 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 foilowing: 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 allowed to cure such default. Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article. such termination shall be deemed to have been occurred under Article 88, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. 87. Remedies in the e=vent of Termination for Default if a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately ramove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction 88. Termination for Convenience 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 site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project 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 SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 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 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. 89. 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. The initial step shall be for the Contractor to notify the Construction Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 3, Article 3, Notices. Should 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 of OCI, as identified in Section 3 - General Terms and Conditions, Article 3, Notices. Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI, Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the fiI SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 finding by the Contractor. Appeal to the City Manager for the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000.. the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seekjudicial relief unless: (i) it has first received City Manager's written decision. approved by the City Commission if applicable; or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission for approval; or (iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager, In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 90. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of the Project, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non-binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with ail Sub - Contractors retained for the Work, thereby providing for non-binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. 91. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 92. Permits, Licenses and -Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such as Permits for 6 SW 27TH STREET ROADWAY IMPROVEMENTS - ITS No.: 15-16-036 CDBG FUNDING - B-50204 dumpsters, job trailers. etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws. rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the 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 persons working on the Project for whom a 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 actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued 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. Mechanical. Electrical. and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc,) are not reimbursable. 93. Compliance with Applicable Laws A!I 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 as the Miami -Dade County's Standard Details. and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, building and construction codes of the Federal government, the State of Florida, the County, and the City. 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 of Miami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere in the City. 94. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: workers compensation coverage: unemployment insurance benefits: social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their 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, agency association, corporation, or organization engaged by the Contractor as a subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 95. 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 96. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. 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 a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 97. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provisions of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents_ A waiver of any breach of a provision 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. 98. Severability In the event any provision of the Contract Documents is determined by a Court of competent 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 shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 99. Applicable Law and Venue of Litigation This Contract will be interpreted under the laws 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 64 SW 27 r" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. 100. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director or designee. 101. Entire Agreement The Contract Documents, as they may be amended from time to time, 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. changed. modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 102. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall 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 I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be la4rrfully used as a basis for service delivery. -103. 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 completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 104. Commodities manufactured, grown or oroduced in the Citv of Miami, Miami -Dade County and the State of Florida Whenever 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, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. '105. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. r, ; SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 106. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 107. R?vie'N of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shail only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law: (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law: (4) meet a'I 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 disclosure requirements; (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416 - 1834, VIA EMAIL AT PUBLICRECORDSgMIAMIGOV.CO_M, OR REGULAR MAIL AT CITY OF 108. 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 claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 06 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 109. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment or materials which may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its 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, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents h' SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 110. Consent of City Reg uired for Subletting or Assignment If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies 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. 111. Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, 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 or declaration of abandonment by the City. 112, Defense of Claims Should any claim be made or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions §6 ("Indemnification") the Contractor shall diligently render to the City. after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in the General Terms and Conditions §1 which is not the fault of the Contractor, the Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and of the City. 113. 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 lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. 114. 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 subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 68 SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 115. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 116. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the Work with its own employees. 117. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full 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 a Project. All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 118. Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral 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.. 119. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration thereof. 120. Disclosure of State Funding, 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 amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. MGM SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Section 4 - Supplemental Terms and Conditions 1. 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 ninety (90) 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 Contract. The Contractor shall maintain strict adherence to the mandated contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 am to 6:00pm. 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. Progress Payments hfobilization Partial Payments: When the proposal includes a 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, partial payment will be made at 50% of the Bid price per month for the first two months. For contracts in excess of 120 contract 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 site. Total partial payments for Mobilization on any project, including when more than one project or job is included in the Contract, will be limited to 10% of the original Contract amount 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 at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Scheduie of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 4, Supplemental Terms and Conditions, Article 5 Project Schedules of the and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. 70 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand-alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss an account of: • Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to Subcontractors or for material or labor. ■ Damage to another contractor not remedied, • Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. IN Failure of Contractor to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for matarials or equipment not incorporated in the Project, but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material PurchasediStored On -Premises form to establish the City's title to such materials or equipment. or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of one thousand seven hundred forty-two dollars ($1,742.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of eight hundred seventy-one dollars ($871.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. 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 the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 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 in full to the 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 shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The City may require further breakdown after review of the Contractor's submittal. The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobi{ization under the Schedules of Values shall 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 a proposed Project schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the City's review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. All Project Schedules shall 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 a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the City's baseline schedules. • Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as the "baseline schedule", Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor'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 or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, 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 materia:s and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall. beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project where subcontractors have 72 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 performed Work. a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary 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 Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required the City, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, 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 or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City an updated two- week look -ahead schedule of construction activities and submittals. 8. Request for information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing andr'or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. Contractor's, subcontractor's. supplier's, material persons personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply 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 subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. a SW 27r" STREET ROADWAY IMPROVEMENTS - ITS No.: 15-16-036 CDBG FUNDING - B-50204 The Contractor shall furnish an adequate supply of drinking water for its and its subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure ail disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such decision will be made at the sole discretion of the City. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Inspection of Work Contractor shall notify the City at least 48 hours prior to commencing Work on the following:. Storm Drain Subgrade — submit and have approved densities prior to placement of rock 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 performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 12, Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage, 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 Site(s) as follows: • The first sign shall be 4 feet wide and 8 feet 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 shall be mounted on 4 inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level, The colors to be used on the sign are as follows: the background shall be white with blue lettering: the seal shall be white and gold with blue lettering form, • The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by'/4 inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. • The Contractor shat} also post appropriate construction site warning signs at the Work Site, Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for ail signage. 74 SW 27" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 13. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X 10" high resolution glossy single weight color print paper, Each photograph will also reflect the date and time the picture was taken. Aerial photographs wiil be taken on a bl-monthly basis. 14. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc, when directed to by the City and shall reinstall or provide to the City as directed. 15. Geotechnical Testing Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than 100 feet apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers and center lines, auxiliary lines and a bench mark from which to establish the elevations. The Contractor shall make hss equipment and men available to the inspector for spot-checking the accuracy of the Work. The City shall require the Work to be brought 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 Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M,). Contractor shall deliver these records in good order to the City as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost of all such field layout and recording Work is included in the prices Bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to the City prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, 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 accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. Recording of Project Record Record all information for pipeline projects and on-site projects concurrently with construction progress. SW 27" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50244 • Do not conceal any Work until as-built information 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 record the as-built information. This is in addition to the Contractors recorded information. • Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for 1 length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. • Maintain records of all pipeline Project and on-site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe Installation In All Pipeline Projects and On-site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shail maintain records of the installation, including all deviations from Drawings and Specifications. • (FRLS) shall record as-built dimensions and elevations every twenty-five feet (25) or portien thereof along pipeline and at every abrupt change in direction of the new line. • (FRLS) shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, the buildings and miscellaneous items installed inside them shall be recorded as applicable. • 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. • Three (3) copies of Record Drawings shall be signed and sealed by the Surveyor and shall be submitted to the City for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. • If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies andior reasons for the disapproval. Contractor shall have ten (10) calendar days to correct ail exceptions taken by the City and resubmit as-built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Project Manager or Consultant, 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sever construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 18. E -Verify - Mandatory Use Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U,S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. SW 27TH STREET ROADWAY IMPROVEMENTS— ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 1 of 11) SECTION 5 —Bid Form Submitted: City of Miami, Florida Office of the City Clerk City Hall, 15` Floor 3500 Pan American Drive Miami. Florida 33133-5504 Date 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 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 Contract Documents 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 voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project(s) entitled: Bid No: 15-16-036 Title: SW 27TH STREET ROADWAY I1:IPROVEIMENTS — CDEG FUNDING 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 Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fifteen (15) 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 by the 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 listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. SW 27TH STREET ROADWAY IMPROVEMENTS — ITS No.: 15-16-036 CDBG FUNDING - B-50204 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. City Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with the Bid documents. Our Bid amount includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with the Bid specifications. TOTAL BIO CONSTRUCTION COST.- Arlat n TQra! b;d Co r st-u r- tion Cost CFO aD 0 UZI a� 7s SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 3 of 11) The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidders must download the version of MS Excel Bid Form that is available for download at: http:llwww.miamigov.com/CapitaIImprovements/pages/Procure mentOpportunities/Default.asp. Failure to submit the spreadsheet may result in the Bid being determined to be non-responsive. MS Excel sheet shall round all Bid price to the second decimal. TOTAL SW 27" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 SW 27TH STREET ROADWAY IMPROVEMENTS - B-50204 - ITB No.: 15-16-036 Line No. pay Item No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 ' 2 2 3 3 4 4 5 5- 6 6 8 8 9 9 10 10 TOTAL SW 27" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 4 of 11) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (lf applicable) Part I: Listed below are the dates of issue 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 li: No addendum was received in connection with this Bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE") 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 a "Community Small Business Enterprise" requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a Contract. 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. 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 manufacture, distribution, 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: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling.. rehabilitation. and employee assistance programs; and (iv) The penalties that may be imposed 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). 8() SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM {Page 5 of 11) (4) Notifying all employees, in writing, 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 (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. (5) Notifying the City in writing within ten (10) 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 of the employee. (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (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 a federal, state, or local health, law enforcement, or other appropriate agency. (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). 4. Lobbying 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL. `Disclosure Form to Report Lobbying." in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who S SW 27 r" STREET ROADWAY IMPROVEMENTS— ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 6 of 11) fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Note: In these instances, "All' in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QN16). 5. Debarment. Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and 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 a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government 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 transactions (Federal, State, or local) terminated for cause or default. (e) In addition, fact3rs 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 requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of lntegrity; (4) Bidder does possess qualified legal standing to contract with the City; and (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 part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a 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 a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, 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. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 7 of 11) (i) The Bidder shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility, If such contractual 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 non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources: (2) Bidder affirms 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 an explanation to the City of Miami in writing. 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 on a quarterly basis: (b) have identified in City Form Subcontractor Utilization ("SU") a third 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 section, must have a minimum of 2 years of experience as required in Ordinance No, 13332, codified as Section 18-89 of the City Code. Part IV: Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is avvare 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 IeggP;y binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance 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 a breakout of the respective items involving trenching and wily not be paid separately. They are not to be confused with Bid items in the schedule of prices, nor be considered additional Work. N; SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BIO FORM (Page 8 of 11) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Total $ Method Attached is a Bid Bond [ ], Cash [ J, Money Order [ ], Unconditional/Irrevocable Letter of Credit [ }, Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ } The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part I through lV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: Social Security No. or Federal I.D.No.: E -Mail Address: Dun and Bradstreet No.: If a partnership, names and addresses of partners: S4 (if applicable) SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 9 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute Bids on behalf of the corporation and providing that his/her execution thereof. attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand this , day of 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) ! HEREBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of held on the _day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute Bids on behalf of the partnership and provides that hisiher execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: 1N fir`/ITNESS WHEREOF, I have hereunto set my hand this , day of _ .20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint Venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) individually and doing business as (d/b/a) (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 `t, SW 27"' STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 11 of 11) NOTARIZATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2a , by produced SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED. STAMPED OR TYPED NAME OF NOTARY PUBLIC , who is personally known to me or who has as identification and who (did 1 did not) take an oath, x, SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Section 6- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Miami -Dade City of Miami KNOWN ALL PERSONS BY THESE PRESENTS, that bound unto The City of Miami, in the penal sum of as Principal, _ _ as Surety, are held and firmly Dollars ($ ) lawful money of the United States. for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointfy and severaily, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated ,20 , for: SW 27TH STREET ROADWAY IMPROVEMENTS — CDBG FUNDING NOW THEREFORE: (a) If the Principal shall not withdraw said Bid within one hundred eighty (180) 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. 5ti SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned,representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, PRINCIPAL: Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) (Name of Firm) Affix Seal (Signature of authorized officer) (Title) (Business Address) City State Zip Surety: (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No,: 15-16-036 CDBG FUNDING - B-50204 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that of said corporation; that 1 know his signature, 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. (Corporate Sea]) STATE OF FLORIDA ) COUNTY OF DADE ) SS CITY OF MIAMI ) Before me. a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney-in-fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of 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 be accompanied by Notary Public, State of Florida at Large a Power of Attorney, in compliance with Instructions to Bidders My Commission Expires: 9O SW 27TH STREET ROADWAY IMPROVEMENTS -- ITB No.: 15-96-036 CDBG FUNDING - B-56204 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 included in the submitted form. Such information must be submitted within seven (7) calendar days of the city's 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. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1 How many years has Bidder been in business under its current name and ownership? Professional Licenses/Certifications (include name and number)* Issuance Date ('include active certifications of community small business enterprise & name of certifying entity) b. Date Bidder licensed by Dept. of Professional Regulation: c. Qualified Business License: ❑Yes ❑No If Yes, Date Issued: d. What is Bidder's business? (Tnis answer should be specific;. For example: paving. drainage schools. interior renovations, etc.) e. Name of Qualifier, license number, and relationship to Bidder: f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. 2. Name and Licenses of any prior companies: Name of Company License No, Issuance Date 3. Type of Business Entity: E] Corporation F-1 "S" Corporation❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Business Entity Ownership: a. Identify all owners of the Business Entity. IN SW 27r" STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 Name Title % of ownership b. Is any owner identified above an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c. Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (check applicable boxes ar.d For other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note 'All refers to ary type of document including but not limited to contracts, amendment, chance proposal regi: ests (CPR). change orders (CO), not;ces, claims, disputes. etc. "Cost' refers to CPRS. Cos. No -cost refers to RFIs. Notices, and other similar documents) 5. Employee Information: Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately For each classification, How many employees are working under 1-1213 visas? 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 7. Insurance & Bond Information: a. Insurance Carrier name & address: b. Insurance Contact Name.. telephone. & e-mail: c. Insurance Experience Modification Rating (EMR): iif no EI,IR rating please explain Nhy) d. Number of Insurance Claims paid out in last 5 years and their corresponding value: e. Bond Carrier name & address: f. Bond Carrier Contact Name, telephone, & e-mail: g. Number of Bond Claims paid out in last 5 years and their corresponding value: 8. Have any claims lawsuits been file against the Bidder in the past 5 years? If yes,. identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis far the claim or judgment. and settlement: unless the value of the settlement is covered by a written confidentiality agreement. 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: 10. Has Bidder been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes ❑ No ❑ If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder 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 a value of $5,000 or greater, owned by the Bidder. B. Project Management & Subcontract Details 1. Bidder's Project Manager for this Project: a. Name: IN SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 b. Years employed by Bidder: c. Licenses/Certifications: d. Last 3 Projects with the company including role, Scope of Work, & value of Project: 2. Subcontractors: Name Trade % of Work License No. Certification` i'active certifications of commurd/ small business enterprise & name of certifying entity} 3. Scope of construction Work to be performed by Bidder and the corresponding percentage of the Work: (This does nct nclude such items as irsurance ' bonds. dumpsters. trailers. and other similar non -construction Work items) C. Current and Prier Experience: 1, Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such Projects, including the owners name, title and value of Project, Scope of Work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the Project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, 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 of projects identified by the Bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. 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 is to be used and is to be included with the Bid submission. The City. at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. L)4 SV'J 27' STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 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 Bidder has provided services in addition to the minimum five (5) projects of a similar size, scope„ and complexity, 1) Company Name Address Contact Person/Contract Amount Telephone No.: /Email 2) Company Name 3) 4) 5) Address Contact Person/Contract Amount Telephone No.: /Email Company Name Address Contact Person/Contract Amount Telephone No.: (Email Company Name Address Contact Person/Contract Amount Telephone No.: /Email Company Name Address Contact Person/Contract Amount Telephone No.: /Email a� SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.; 15-16-036 CDBG FUNDING - B-50204 To Whom it May Concern Subject: Reference Letter Name of Bidder: `!...itl) 0f +Halm Daniel J. Alfonso City Manager The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City requires that the Bidder provide written references with their Bid submission. By providing you with this document, the Bidder is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Scope of Referenced Work: Drd the Scope invoNe the construction, installation, repair and/or replacement of a storm water pump station? ❑ Yes ❑ No Value of Project: $ Date Completed: Percentage of physical construction Work self -performed by Bidder: % Was project completed on time & within budget: ❑ Yes ❑ No If no, was the Bidder at fault or contribute to the delays) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Name of Project Owner: Signature of Project Owner's Representative: Title: Telephone: Sincerely, Annie Perez, CPPD, Director Procurement Department E-mail: 96 Date: SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Occupational License No: PRESENT Street Address: City: PREVIOUS Street Address: Date Established Date of Issuance Office Location (Establishment of the Bidder): State: How long at this location: City: State How long at this location: According to Section 13-73 of the City of Miami Code, as amended: City of Nl1 ami -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 of the City for a minimum of twelve (12) months immediately preceding to the date Bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a 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 a term of no less than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date Bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date Bids or proposals were received, a prior fully executed lease within the corporate limits of the City that documents in writing continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date Bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval Q_ SVI1 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer or its designee; further requiring that historical. cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available 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 contract 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 (12) 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 of 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 wfth the foregoing at the time of submitting its Bid or proposal to be eligib#e 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 a Bid or proposal. According to Section 13-85(a) of the City of Miami Code, as amended; "when a responsive. responsible non -local Bidder submits the lowest Bid price, and the Bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible locai 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 award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final Bid. In the case of a tie 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 to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local Bidders by this section. Authorize Signature Print Name Title Authorized Signature 9v SW 27T" STREET ROADWAY IMPROVEMENTS - CDBG FUNDING - B-50204 Authorized Signature Print Name Title Authorized Signature IT8 No.: 15-16-036 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 MIAMI -DARE That: me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced NOTARY PUBLIC: My Commission Expires: personally appeared before as identification. Please submit with 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. SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 CERTIFICATE OF COMPLIANCE CITY CODE SECTIONS 18-87, 18-89 and 18-120 I, hereby certify that: i) I am the (President/Secretary or Principal) of (Bidder's f=irm): ii) I have read Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code; a. (Bidder) 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 b. (Bidder) 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 Bidder's CSBE certification must be included in the Bid document. iii) (Bidder) hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. iv) (Bidder) hereby agrees to comply with the Responsible Wages and Benefits Requirements stated in Section 18-120 of the City of Miami Procurement Code. OPTIONAL: V) (Bidder) 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 18-78; STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 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 Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in favor of the City_ Subscribed and Sworn to before me this day of My commission expires: Bonded by 100 20 Notary Public, State of Florida at Large SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.. 15-16-036 CDBG FUNDING - B-50204 THIS FORM MUST BE COMPLETED BY BIDDERSIPROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE" Name of Bidder/Proposer: Address: Project Name: Contract Dollar Amount: Contact Person: Phone No.: Project Number. 15% CSBE Dollar Amount Name of Prime Certification Certification Type of CSBE Work to be Bidder's self Total Dollar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance applicable) (if applicable) applicable) percentage (%) of Contract Value The underss ned intends to pe form the followin9_Work in connection with the above contract: Name of Subcontractor Certification Certification Type of CSBE Work to be Subcontractor Total Dollar ($) Amount of No. Expiration Date performed by the percentage (%) Subcontractor's CSBE Subcontractor of Contract Value requirement I certify that the representations contained in this form are true and accurate to the best of airy knowledge. I affirm that I will enter into sub -contractual agreement(s) walla the above listed CSBE Subcontractors) if awarded this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as rec{nired. Bidder Signature Date Bidder Print Name Title 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. ntractor Signature Date SW 27 T" STREET ROADWAY IMPROVEMENTS — CDBGFUNDING - B-50204 ractor Print Name Tit ITB No.: 15-16-036 REQUIRED SUBMISSION WITH YOUR BID LOCAL WORKFORCE PARTICIPATION BID QUESTION: List all contracts Bidder has performed for the City of Miami in the past three (3) years which included Local Workforce Participation requirements. The City will review a€I contracts Bidder has performed for the City in the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's 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 of Miami in the past three (3) years. Please provide factually detailed responses for each project, and address each of the important items below. (i) contract number, name and brief description of Work; (ii) total dollar value of the contract; (iii) dates covering the term of the contract; (iv) percentage of Local Workforce Participation requirements met by Bidder; (v) breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) if your company was unable to meet the Local Workforce Participation requirements, explain the reasons why, and what efforts, if any, were utilized by Bidder to attempt to meet these requirements; (vii) if the project was over one million dollars ($1,000,000) did Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) was a third party hired to verify and certify compliance with the Local Workforce Participation 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%) retainage fee released to Bidder by the City upon project completion, and (x) If Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. 1021 SW 27T" STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 Section 7 — Contract Execution Contract Execution From THIS Contract # 17-444 made this day of in the year 2017 in the amount of $377,559.87 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and a : . _ - :. ` , hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST MAGGOLC, INC., a Florida Profit Corporation &gnarure Mario Gonzalez, President Print Name, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department 103 SW 277H STREET ROADWAY IMPROVEMENTS B-50204 Print Name, Title of Authorized Officer or Official (Corporate Seal) City of Miami, a municipal corporation of the State of Florida Daniel J. Alfonso, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney ITB No,. 15-16-036 CORPORATE RESOLUTION WHEREAS, Inc. desires to enter into a contract viith the City of Miami for the purpose of performing the Work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) (type name of officer) , is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) 1 )4 SW 27TH STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 FORM OF P'ERFORNIANCE BOND (Page 1 cf 2) BY THIS BOND, We as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract ITB No: 15-16-036, awarded the day of 20 , with City 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 OF THIS BOND is that if Contractor:. 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 5W 27T" STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 FORM OF PERFORMANCE BOND (Page 2 of 2) -..2. Obtain a Bid or Bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligations under this Bond. Signed and sealed this day of , 20 WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: SW 27TH STREET ROADWAY IMPROVEMENTS B-50204 Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: 1 �J� ITB No.: 15-16-036 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND. We as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS. Contractor has by written agreement entered into a Contract, ITB. No. 15- 15-036, awarded the day of , 20 , with City 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 OF THIS BOND is that if Contractor: 1. Pays City all losses. liquidated damages, expenses, costs and attorney'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, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, 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 labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. 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 or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) 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. lo, SW 27TH STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 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 compliance or noncompliance 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.- (Secretary) TTEST: (Secretary) (Corporate Seal) IN THE PRESENCE OF: Contractor (Name of Corporation) By: (Signature) (Print Name and Title) day of 20_ INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No,: 10R SW 27TH STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know tris/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA } ) SS COUNTY OF MIAMI -DADS ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn 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 Contractor named therein in favor of City, Subscribed and Sworn to before me this day of My commission expires: 109 SW 27T" STREET ROADWAY IMPROVEMENTS B-50204 , 20 Notary Public, State of Florida at Large Bonded by ITB No.: 15-16-036 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Beneficiary: Issuing Bank's No. Applicant: City of Nl1 ami Amount: 444 S.W. 2rtl Avenue in United States Funds Miami, Florida 33130 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount. in United States Funds. of available by your drafts at sight, accompanied by: 1. A signed statement 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 of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) 110 SW 27Y" STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Bank name) dated (Number) of 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 of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full 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 relates, and any such reference shall rot be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duiy honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature SW 27"' STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 FORM A INFORMATION FOR DETERMI\I`G JOINT IVE`TURE ELIGIBILITY If the Bidder is Submitting as a joint %enture. please be advised that this form (21 parses) MUST be conIpl.t.d and the REQUESTED Written joint-% nture a�tureement MUST be attached and submitted with this I61-111. I . Name of joint venture: ?. address of joint %enture: 3. Phone number of joint w ennrre: 4, identify the fume that comprise the joint venture: 5. Describe the rola of the GIBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's Written contractual a�ureement. 7. Control of and participation in this Agreement. Identify by name, race, ser. and "hrrn" those indi\ ideals (and their titles) w -ho are responsible for day-to-day management and policy decision makin'g,. including. but not limited to. those with prime responsibility for: (a) Financial decisions: (b) Mana-ement decisions. such as: ( I ) Estimating: (3) Marketing, and sales: (3) Hiring and firing of mana-ement personnel: SW 27-" STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 (4) Purchasing of major iterns or supplies: (c) Supervision of ticld operations: NOTE: It, atter tiling, 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 inflornl the Cita' in writrn`T. AFFID_ NIT "The undersi,ncd s\% car or affirm that the statements are correct and include all material info rma tion necessary to identify- and explain the term; and operation of our joint venture and the intended participation by each joint venturer in the undcrtakin{g. Further, the undersigned covenant and a-ree to provide to the Cit' current. complete and accurate inibrmation regardin-, actual joint venture work and the payment theretfn•e and any proposed changes in any of the joint venturer relevant to the joint venture. by authorized representativcs ofthe City„ Any material misrepresentation will be `-)rounds for terminatin-am. Contract which may be awarded and for initiating action under Federal or State laves concerning false Statements." y Name ofBidder: Siznature: Name: Titl,:: Date: Name of Bidder: Siu-nature: Name: Title: Date: 111 SW 27TH STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 BID FORM iPage 1 of 11;} SECTION 5 - Bid Form Submitted: Date City of Miami, Florida Office of the City Clerk City Hall, 1', Floor 3500 Pan American Dive (Viami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named here,n 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 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 Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below: and that it has sati f;ed itself about the Vicrk 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 voluntarily and willingly. The Bidder agrees, if this bid is acceded, to contract with the City, a political subdivision of the State of Florida. pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machines j. triols. apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Dccumerts for the Project(s) entitled: Bid No: 15-16-036 Title: SVV 27TH STREET ROADWAY IMPROVEMENTS 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 Certificates) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Bidder fails to: execute said Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmeticai errors, the Bidder agrees that these errors are errors which may be corrected by the 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 un t price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 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. City Form SU must be submitted with Bidder's bid. The SU Form can be found posted on the webpage with the bid documents. Our bid amount includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, super Asion, mobilization, overhead & profit required in accordance with the bid specifications. TO TSA f SIO y- : O 3TRUcTICJY COST; $ 3 r-t�lS c., �! 7` A- 1--7'7 .s 0 �gogj:)� 5VV 2VH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50201 BID FORM (Page 3 of 11 ) The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidders must download the version of MS Excel Bid Form that is available for download at: htt�"'ry•���.miarrtigov.corrilOaoitalim,prov�ments/e.�- gas.'Prop.,ursrnent�000rtUnities�`t:}�fa��lt.as�r. Failure to submit the spreadsheet may result in the bid being determined to be non-responsive. MS Excel sheet shall round all bid price to the second decimal. SW 27" STREET ROADWAY IMPROVEMENTS - B-50204 - ITB No.: 15-16.035 Line No. Pay Item No. Pay Item Descriptions Unit Quantity Unit Cost Cost 1 2 2 3 3 4 4 5 6 5 77 TDTAL -j SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 City of Miami Project No. 8 50204 (RJB PROJECT No. 15064) BlDDF:R'5 BID FORM SW 27th STREET FROM 5W 17th AVFNUE TO SW 32nd AVENUE ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS 1 lul 1 MU61LIZAIION L. 5?DODU00 1 520,(X)0(}0 2 102.1 MAIN IENANCEOFTHAtrII_ LS 55UUu.lJIJ 1 $5,000.0a 3 1c12 14 IKAI-I I(.0-�NTHOLOFFI(LR Mh $1.00 80 ?rii uo 4 104 -IK INLEI PKLJJLCIICINSYSTEM EA S 11111 1 CLEARING ANO RUISISINCi AC 51AX1U.0u 1 $1I,u3u.Uu n lblJ 4 TYPE B STABILIZATION, LbR 40,12" SY 510.(91) 4 $40 UU 162-1-12 PREPAREUSCIILLAYFR SY 5b.Uu 4,8/Lli 519,2LHD) 8 211) l l RE WORKING I-IMFRC,t K Fws SY 510.00 bit $b,210.uu 1t5S-706 OPTIONAL BASE GROUP L)6,?i" LIMERCICK BA`,F (;PI IDN `,Y S U.LU 4 580-00 Ill 127-70 lb MILLING EXISING ASPHAL F PAVEMENT, 1f2" AVi, DEPTH `.Y $4.UU iS,S14 $34,ulSb.uu 11 331-2-1 1 YPE �,-1 ASPIIALTIC LoNI_HE1 E 1 N 52C)cvw i 5574 UU 1., 331-2 3 TYPE S III ASWHALI It U)NL.KF I r I N $150 UU 234 535,1!0.2 13 425-1 S41 " CATCH BASIN, FYAE L) , 10' FA $3UUu UU 1 53,0(X),00 14 4-15 2 41 MANHOLE, $YPE D 4 LA 5.3500 -DU 511,SOT1 0n 15 430-174115 PIPE CULVERT, UPI IONAL MATERIAL, KCIUNU, 15" SU LF SbU-L)o 11:3 5b,180.00 16 430 174-118 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 18" SI) $t)0.00 uy $4,14ozo 17 430174124 PIPE CULVLHi",OPTH3NALNIATLRJAI-,ROUND, 24"SD LI $10.00 18 $1,.1uu.uU 18 425 5 MANHOLE, ADJL151 (STOKrvl) LA $4Ju.UU 4 $l,0uuluu 19 425 5 J MANHOLE, ADJUST, U'f ILITIES (`.L WER) FA 54(,{),0(1 1 t S5,21IT) lhl 20 71 42S-6 —VALVE BOX, ADJUST (WAFER) VALVE BOX, ADJUST (SEWER) EA EA $200.00 $200.00 b 1 51.1u4.uu $2L)U.UU 22 443-704 FRENCH DRAIN, 14" LF 512U.cKi 160 519' ul1.UU 522 1 CONI-RE.TL $WD WALK, 4" SY 547.iJU Sa1, -' 1 522: CUNCREIF SIDEWALK, b" tiY 55u,ou 11 53,8`x(1.00 517 2 DETACTABLE WARNING a`URFACE, YEI-LOW F 518.00 l ;rJ,m1t.00 2b 570-1 1 PERFORMANCE TURF, SOU `,Y 55.00 4,81h i, 4,390.01) 27 580-1-1 LANDSCAPE COMPLETE. SMALL PLANTS, SILVER BUTTONW001) t 5SD.aU 2 31(K? lxa 28 1 710-11 113 PAINTEDPAVEMENI MARKIN(aS,SIANDARU, WIll I E, 501.0, 12" LF 51.(1(1 1,4;53 e,'}a,t 00 29 710 11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $2.00 412 $n24.00 30 710-11-_201 PAINTED PAVEMENT MARKINGS, STANDARD, YEA LOW, SDLID, 6" uN1 535u0.00 u $4`,5-00 31 1080-11-1CJl WAI ER METER BOX, ADJUST LA >2uu.0+! 1 $1,41X).00 32 35.8b4, SWALE TRENCH I 5r,Au 7.5w 545,41s0.N TOTAL ROADWAY I I ifvlS=l $322,284.25 Page 1 of ? City of Miami Project No. B-50.04 (K)B PROJEC] No. 15Qf'4f BIDDER'S BID FORM SW 27th STREET FROM SW 27th AVENUE TO 5W 32nd AVENUE ITEM PAY ITEM DESCRIPTION LIMITS UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 1,30 2 12 CON01.111, 1-0hNUH & ENSIALL, DiREC1]ONAILWRE (.I $50.001 1u S�.CtGxl Ori i t i, 1,1] 2 101 L,OCP A5 tM13 LY, f0RNISiI & IN5T ALL u' X 311' A:i }1S0U.0U 1 _ $1,°,ih1.u0 0, 1011 1-11 SINGLE DISI SIL,N, h&I1,M,UP €O 12�>P Av $'SD0(1 2b $b'S00.00 Ju too 1 SU MNGLE IAO' 11 S46N, REL01. Aft M $1St1.[1CI 1; $2,2W.UU 37 700 1 W SINGLE PUSI S16N, REMOVE AS $40.1M1 2 clbO.W 3K you 3 b01 SI(;N PANEL, REMOVE, LJP lU 12 SF EA ;35,00 13 $455.01? 39 1Ub 3 RETRO-REFLLCIiVE PAVEMENT MARKERS EA $u UO 32 ;1:12.00 40 111-11.-L23 THERMOPLA,IIC,WHIIL.SOLID, 12" 1F $300 1,48.3 $4.449.00 41 711-11-124 THERMOPLA>UC, WHYTF,SOLID, 18" IF 54.70 69 $276.00 42 /1111125 THERMOPL.ASIIC,WHI7E.,SOLID, 24" Lf 55.00 41-1 $2,0b0.00 43 ?1111.100 THERMUPLASIIL, PAVEMtN]ME55ACiE,">'C.HUUL EA $110.1 1 1 $120.00 44 711-15 101 1 HER MOP I. ASTIL, STD -OPEN GRADED ASPHALT SURFACES, WHILE, SCI LI C), b" t�M SS -500101 U $W5.0U 4', /11 15 tut THERMOPLASTIC, STD OPEN GRADED ASPHALT SURFACES, YELIOW, s(A Iu, b" GM $5SO0-00 u 51ll—uv TOTAL SIGNING AND PAVEMENT MARKINGS ITEMS= $20,202.00 46 PERMITTING AU0WANC E LS $750.OU 1 $75(1.(](1 TOTAL BID CONSTRUCTION COST t 343,236.25 Notes: Not an FDOT pay item num4ler '" Conflict Drainage Structures 5-2 and S-6 to be paid by AT&T Page 2 of 2 BID FORM (Page 4 of 11) DIRECTIONS: COMPLETE PART I OR PART li, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connectlen with this bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part I1: f` No addendum was received in connection with this bid. Part III; Certifications The Bidder, by v;rue of signing the Bid Fora, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE"'i 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 a "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a Contract. 2. Non -Collusion Bidder certi`ies that the only persons interested -n 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. 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 manufacture, distribution, 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: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed 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). CA SW 27r" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 6 i FORM (page 5 of 11) (4) Notifying all employees, in writing, 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 (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. (5) Notifying the City in writing within ten (1 0) 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 of the employee. (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction. taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (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 rehabili,ation program approved for such purposes by a federal, state, or local healt , la•,v enforcement, or other appropriate agency. t7f Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (5). 4. Lobbving 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the mak!ng of any Federal loan, the entering into of any coopera-,;ve agreement, 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who SW 27"' STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 GDBG FUNDING - B-50204 BID FORM fPage 6 of 11) fails to file the required certifica`ien shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such faiiure. ` Note: In these instances. "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per Qh113). 5. Debarment, Suspension and Other Responsibility flatters The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, and declared ine'igibie 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 of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property: (c) Are not presently indicted for or otherMse criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offerses enumerated in paragraph 1.b of this certification; and (d) Have not within a three-year period preceding this applicatiom'proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) In addition, factors to be considered in determining responsibility of prespective contractual parties shall include but not be limited to: (1) Bidder does have availab]ity of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements,- (2) equirements;(2) Bidder does have a satisfactory record of performance: (3) Bidder does have a satisfactorl record of integrity; (4) Bidder does possess qualified legal standing to contract with the City; and (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 part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a 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 a court of competent jurisdiction in Miami -Dade County, Florida. pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended. 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_ SI SW 27r" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING -B-50204 BID FORM (Page 7 of 11) (i) The Bidder shall provide any information requested by the chief procuremen' officer or purchasing agent concerning responsibility_ If such contractual 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 non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting (1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms 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 an expianation to the City of Miami in writing. Local Workforce Participation Raquirements The B dder certl�ies to the best of its knowledge and belief, that it and its principals: (ga) 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 on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454.471,-173, or 481 and who is not with the contractor; and (ci the sele.ted 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 as Section 1.8-89 of the City Code. Part IV: Certification — Trench Safety Act The Bidder• by vir Ue 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 cost of compliance 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 a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. "2 SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page S of 11) The Bidder further identifies the costs and methods summarized below: Quantity Unit �Description Unit Price Price Extended . Method Total $ 4 Attached is a Bid Bond [-,I, Cash [ ], Money Order [ ], Unconditional,'Irrevocable Letter of Credit [ ], Treasurer's Check [ ]. Bank Draft ( ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sung of Dollars (-S ). The Bidder hereby acknONNIedges and affirms to the contents of this Bid Form and its' response(s) thereto including wit:nout limitations Part I through IV ha fe been, read, understoed. and agree to by signing and completing the spaces govded below. � f` Bidder Name: Signature: Printed Narneffitle City/StaterZip e TeEephone No.: �t� 6 4 -q -- - 4 - Facsimile No.: tial Address: ez� I'a-z-5"` Social Security No. or Federal Dun and I.D.No.: Zr'— 13,S" �r Bradstreet No.: (if applicable) If a partnership, Wines and addresses of partners: SW 27TH STREET ROADWAY IMPROVEMENTS — ITS No.: 15-15-030 CDBG FUNDING - B-50204 BID FORM (Page 9 of 11) CERTIFICATE, OF AUTHORITY (IF CORPORATION) I H .EBY CERTIFY that at a mee,.ng of the Board of Directors of 2 (-,,- Z a r_orporat or- organized and existing under the laws of the Slate of e rte' J?d han the da of -J e�. �� �� a resolution Nasc'ly passed and adopted authorizing (Name) , 'T li -i ,6 -s-,ti� � Title} rr-! j=,e-gf , .k of the corporation to execute bids on behalf cf e corporation and prmiiding that his'her execution thereof. attested by the secretary of the corporation, shall be the Official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS,NVHEREOF. I have hereunto set my hand this day of1a___ __720 Secretary: Print.- r f CERTIFICATE OF AUTHORITY (1F PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existirg under the laws of the State of heed on *.he —day of a resolution was duly passed and adopte=d authorizing (Nacre) as (Title) of the to execute bids on behalf of the part-ersnrp and pravfdes that his;'her execution thereof, attested by a partner. shalt be the official act and deed of the p ar'nershir• I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF. I ha -.e ' ereunto set my hand this . day of , 20 j CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures crust submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). `4 SW 27TH STREET ROADWAY IMPROVEMENTS- ITB No.: 15-16-036 CDBG FUNDING - B-50204 BID FORM (Page 10 of 111 /,C2 : CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that. I (Name) individually and doing business as (d b/a) (#f Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print. SW 27''' STREET ROADWAY IMPROVEMENTS -- ITB No.: 15-16-036 CDBG FUNDING - B-50204 Bili FORM (Page ti of 11) NOTARIZATION STATE OF SS:/ COUNTY OF The foregoing instrument was acknowledged 20 by produced SIGNATURE-6FOTARY PUBLIC STATE OF kORIDA PRINTED, STANIPED OR TYPEC NAME OF NOTARY PUBLIC before me this C� day of whoo_�er�solly-know,EjcLM@_.qr who has as identification and who (did / did not) take an oath. k1) SW 27"' STREET ROADWAY IMPROVEMENTS — ITB No-; 15-16-036 CDBG FUNDING - 9-50204 Section 6- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Miami -Dade City of Mian"i KNOWN ALL PERSONS BY THESE PRESENTS, that and Berkley Insurance Company Maggolc, Inc. as Principal, as Surely, are held and firmly Five Percent of bound unto The City of Miami, in the penal sum of Amount Bid Collars ($ `5%" ...... ) la�,vful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administ-ators and successors, jointly and severally, firmiy by these presents. THE COND1T101v OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accomoanying bid, dated January 17th ; 20 17, for: SW 27TH STREET ROADWAY INIPRO` ENlENTS - B-50204 (a) tf the Principal sha i not vil'hdra,,v said bid within one hundred! eighty (130) 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 pe; formance and proper fulfillment of such Contract, or (b) to t;!e event if the withdra,r,al of said bid within the period specified, or the failure to enter into such Contract and give such bond inithin the time specified, if the Principal shall pay the City the difference bebAieen 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, otherMse to remain in full farce and virtue. S'; SW 27TH STREET ROADWAY INtPROVEMENTS - ITB No.: 15-16-036 COBG FUNDING - B-54204 BID BONY.] FORM (Fuge 2 of 3) JN WITNESS WHEREOF, the above bound F)arties have executed this instrument under their several seals, ths 17th day of January 2017 the nacre er..d corporate seal of each party cueing h reto affixed and these presents duly signed by its Lindarslgnadl r?pres";rta`ive, pursuant to author[ y of I s governing body. YI i NESS: (If Sole Ov)nership, PRINCIPAL: Partnersh;p, or Joint denture, two (2) VVJitnesses are required, If Corporation, Secretary , only will attest and afi:x seas.) A % M ggolc: Inc. I (441e of Firm) See PowLr of Attorne+ Attached Surety Secretary \-/ -li ' SgnatuFe of ut . rizad officer) (Title) T 19020 SW 55 Street (Business Address) Miami, Ft_ 33155 City Stave Zip Surety: Affix Seal (Corporate SuFety) Affix 1341ey,fnsupnce gjmpany Seal (Sikat�are otAuthorized Or, -icer) Michael A. Bonet, Attorney -In -Fact (Title) 255 South Orange Ave, Suite 1515 City S,`s (Business Address) Orlando, Ft_ 32801 State Zip SVJ 27TH STREET ROADWAY INIPROVEMENTS — ITB No.: 15.16-035 CDBG FUNDING - B-50204 BID BOND >=OR11o1 (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, ert fy teat € m the Sam clary of the Corporation named as Principal in zhe withir bond; that G -4-c A 'i,- of said corporation, that I kncw h's s�r,iature, arc the slgrat ara hereto is genuine; and that said band was duly signet!, sealer! and at7ested fnr and in behalf of said cqrn,,orat'',on by authodiy of its governing bcdy. f _ (Corporate Sea.) STATE OF FLORIDA } COUNTY OF DADE ) SS CITY OF Ii,IIA� I1 j Befcre rra, a Notary Public. duly commiss'cned, and g�lalif'.ed, pe"sonai',y appeared Michael A. Bonet to Me avail urc,,n, wl-c- being by me first du!7 syturn upon oath, says that he/sle is the attorney-in-fact, for the Berkley Insurance Company and that he:'she has been authcriz=-d b,; Berkley Insurance Companvto exeCLlte t} -v fcregcinc bo:,,+ on beha:f of the Contra.tor Wanted therein in favor cf T r,e Ci,; ct�>f�,arni, Florida. Su' --scribed and s,vorn to before me : is 17/th ay c; January 2017 INSTRUCTION C: Bid i3o; ds must be accom )a, -,';ad by I-' 4ary Public, State cf F€crida at Larga a Pa,,v r of Attorney, in corn p€ at-ce with Irstructiors to B riders My Commission Expires: November 7, 2019 Y Notary °ubuc S.a10 of Fonda �'�`h Carmen = ?iii©i i k1y r rflf>'11sSFcn r925137 o� Expires 11i07r2019y � S CJ SW 27"" STREET ROADWAY IMPROVEMENTS - ITE No.; 15-16.036 CDBG FUNDING - B-50204 No. B[-100'1 POWER OF ATTORNLY BERKLEY INSURANCE COMPANY WILMFNGTON, DFL.a`. AR -E NOTICE: The 45,lriinj found eke% here in this PoI\er ofAnorrit,w aff,�k.ti ;he validity then=of. P'.eai_ rz`. ifw careful:.,. KNO,'ti` ALL MEN BY' THT:sE PRFSL TS. that BERKLEY P4'SURAN E COMPANY (the ..Coin,�an,"), a corp -,ration Jule orcan .' ± and eXISM1,2 under the Taus of the State of Delaware, ha,.In, its principal office in C:reen`.t'ch. C'TI has made, consti-wLd and :r`, I, .117 L"ti: _'; 'T'. these presents mak2, con3L'n:te int appoint: Hqv V, Fabrt, or .ltiehae1. t. Barret of Kaltir-Carlin & r,,,r. ! ! i'•: true and la\\till Anurne.'-in-):act, to si,n its rl.une a., surety only as J !ine.lt_i btil:l`•\p and to ex_cilte, Teal, :i..:: r xiv and all bonds and undertakin,s, %itis the e.xc.wtion of Financial Guaranty It) 3l:rance, pro \idin.g ii }t;orl a I-i:i ezee.d Fifty Million lend 00.'I00 U.S. Dollars (U.S.S50,000,000.00). to the same event as if such t .::ti, star .%' ni tlul•: executed and acknowledged by the regularly elected officer oftl•e C;ompan%at it; p!incipal o`t ce in their oun proper persons. Tilts Pover of ;1:' :ill be consiruc-d and enforcc:i in accordance 1,+i:h. and �ovem-zd b`., the la••\s of the State of Dela\care, N-ithcut-i% in., et'_'_'. of c--P.f ICi3 of Iiw3 ihereof. This Po',4e:- of Att?rtl.;.y�is granted p;rSL.ant to the Ballo':ilng resolutions \4hicll :;.. -fl idly adou-te,J, it a meettil-, of the Board of Directors of the Corlipany' herd on January 25, ?010: RESOLVED, that, with respect to the Sunt}' business %rin_n b:: B-r!.'ev Surely Group, the Chairman el'the Board, Chief E:c:•_uti,= C�;ticer. P r_sident or ariv Vi,:, Pr•_s'.Jent of :he Ct`,-: :; . in conjunction with the S.cretald or an,, :�ssls:gilt Se�;reLar;, Are to-Kecurt f`o%• zr's of aC ern 1 an: Cltialify in- the atzome-.-in-tact named t`ler in ';.l ex'-'CUIC burl) I.Inu ;-takir gs, re -Contra[( e,s, Ur l,;.it;c•ns on bs`llalt of ti CDi'ipan':, and is affix the C :_P1 raI:. seal 4'f the corrn.l +11'.' to r ,.+erS 0' ate3r:e`.' t .. ',l .alit hereto: and saM Officers n1a': r'_n J\' _iw, s'tich an brie-In-facc and r2`. tri = any poo % _r of attorrlvti rr, ::3. _. iDt--d 1!'A [llr'.li,-_r RESOLVED, th:t such pv\�.r of anor•ney limits the actS of thow nam -_,d ther in to the bonds, undertakin]s, recogrizances, or odler s°,r'ctysh p obli at:sins 5-eci,Icallv alined therein. and they hw e no authorit, to bind tha C_'ompany except in the mann .r and to the ev:tent th,'r_in sn'ed; and fn -cher RrSOLVED, th.:t strc11 [lir. --r of .i:*orne;t r: ,okvs all previou:, pourrs issued on aeha[f of t:l:art,? ii:r;°ler RFS0L.VE1). 1'1.1' ih,, i`,._._ . i i.l' sutl,_ri_..i -__�r and the s_al of the Company nia`, be of l'<_J b,' facsimile to any 0 r a.-.:. _ .." C:. 1". [I t 3'_.t, - ; .�CUt <<n and J.lr\of any bond. r;cL3gnIL7nCe. or -w,- and ;Cal 11 -h• -n so used shall ha'�e tl7e iartle f6rce .Ind effect :t> ?T„a'+ ,. n?:� tU use for tt?_' pili^L�iEs herein st-i_,d the fuciinni!c ];2-Llai'Sre of an% :1; i' -,ch aft i or �rtltels Clift}le t cmr.Ln"a, n,3C•iEtll [711 r1T1' [hs to tell][ thzl° n11G llal'i .1 at the I ' ;'Sell instruillents Shall be i9Aued. IN WFFNE-�� %VHER OF, the. Cti ,1:1, hayWtt these pre,ents to be s:_ntd and by its appropriate ufficcrs and its corporate seal her.-wao aff'x.-,i thiszt eta;, ofda r/; 2013. \[test: ( Berk1 y Insurance Company �p (Seal) By i"r .t ; 'I By [ra S Leder.7t6i Je "f e ;`� 'latter Senior Lice Pr.:sident Secretart S n1 r V ce President WARNING : TIIIS PO44ER LWALID IF NOT PRtNTED ON BLUE' I3EI21.LE4 SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD S',voni to befor,, rne, a Notary Public in the State of Connecticut, this day of. 2'013, by Ira S. 1.cJ,=Ln and Jeffr;:v M. Hint who are 3wori to rile to be the S;:nior Vice President and Secret.", -and thb SeniQr Vice Prciident, respecti4ely, of Berkley Insurance Company. n,2 -4XXatoitatY PLBtcr Notary Public. State of , necticut ocxw rlc,� M'! CCMMISSipN S 0CE4 3t 2017 CERTIFIC:eTE. I, the undersivned. assistant Secretnr% of BERKLEY INSURANCE CO"IPA�'r, © HERE€3Y CERTIFY' that the. f: _ � `Ind is a true, correct and complete copy of the original Poker of A tomev: that said 1.1,11, of Attar.lev has not been revoked or rescinded and that the authority of the Artom.-,--in-Fact set forth therein, who executes e bond or undertaking to which this Po\ti,cr of Attorney is attached, is in full force and effect as ofthis date. + Gi\ en un;jer IM hind and seal hf t°le Con -pan,,, this day +a _ f Andrl i'uma UPPLEMENT 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 included in the submitted form. Such information must be submitted within seven (7) calendar days of the city's 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. By submitting its bid the Bidder certifies the truth and accuracy of a!I information contained herein. A. Business Information How many years has Bidder been in business under its current name and ownership? Professional Licenses,'Certifications (include name and number)' Issuance Date Y7C Zt("°•. - f /l ex Ccr..L' r�ft��.,� �Ll� (� z�� r�L���� rsciude artive certif:cat.cns of }orrmurity ;mail business enterprise & name of certify ng ertily) Date Bidder licensed by Dept. of Professional Regulation: :7y, f aua'ified Business License VVI -at is Bidder's business. jh,s ars.ve* s^outd tie scec, c. An. Name of Qualifier, I.ce 7 EYes []No If Yes, Date Issued: � .r``.�'�,�� `'-:�` �''� 1 ! �0�-°•f r` 'fit . `_E7✓'�.t G"Ie�-� FNeaampie: pa,&6 dra(rage, schools, interia renovations. etc.)— e number, and relationship rouc-o Bidder: � Y .. (c'.�r'3�� /y1-4-�:Z� f. Warnes of previous Qualifiers during the past five (5) years including, license numbers, relationship to, Bidder and years as qualifier for the Bidder, Name and Licenses of any prior companies: Name of Company License No. Issuance Date Z�261 &"-� 3. Type of BusinessEntty: ❑ Corporation Ms�S" Corporation LLC❑ Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract 4. Business Entity Ownership: a. Identify all ow�lers of the Business Entity. /( ( o,_� d CQ, sly SW 27r" STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 / Name �2- Title 17a of ownership b. Is any owner identified above an owner in another company? ❑ Yes [+' No If yes. identify the name of the owner, other company names, and m,o ownership c. Identify a'I individuals aLlthorized to sign for the Business Entity, indicating the level of their aLlthOflty (ChQcK 3colica6e boxes and 'c• other omvide specific levels of aul%rity} Name Title Signatory Authority No -Cost Ott er ❑ ❑ El 1-1 ❑ ❑ ❑ ❑ Explanation for Other: — (Note. 'Air' refers to an;r type of document including but not limited to contracts. amendment. charge proposal reques's (CPR), charge arvers (CO), notices, claims, disputes, etc. "Cost" refers to CPRS, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. E,^rployee Information: Total No. of Employees: Number of Managerial/Admin. Employees: 737 Num;Cer of Trades Personnel and total number per classification: (Aworentices must ba 1lsted separately for each classification) How many employees are working under H2B visas? ��t✓ 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: t1v IN SW 271H STREET ROADWAY IMPROVEMENTS - lT8 No.: 15-16-636 CDBG FUNDING - B-50204 Insurance & Bond Information: a Insurance Carrier name & address: ea err? -74)yvr-ar7 rC� 1 b. Insurance Contact Name, telephone, & e-mail: Gvic P-, 2Cs -- y`79- - 3 3 3 E3G5- f C'rrGJir.' Cs, easf�r�. ronce.r)' f - c. Insurance Experience Modification Rating (EMR): J•'0 (if no DOR rating please explain why, d. Number of Insurance Claims paid out in last 5 years and their corresponding value [25/2e e. Bond Carrier name & address: / 17 C dfr? rr �33 5G} Jth �/yX��: ..'e��f �I v»�, J 33/3 3 Bond Carrier Contact Name, telephone, & e-mail: 1111'r- h"- -e 9pa e- t i_ -yYp -7 3 31 - �' rn % •' jrt �c n ;') - Ca g. Plumber of Bond Claims paid out in last 5 years and their corresponding value: X70 /11 f 8. Have any claims lawsL+ts been file against the Bidder in the past 5 years? If yes, identify all Bidder has either settled or a -i adverse judgment has been issued aga,rst B,dder. Identify the year, basis for the claim or judgment, and settlement: unless the value of the settlement is covered by a written corfidentiality agreement. rc)l? (� 9. To the best of Bidders knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: no/-) e 10. Has Bidder be en gssessed liquidated damages or defaulted on a project in the past five (5) years? Yes ❑ No provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. IVC) 12. Provide an attachment listing all of the equji -hent, with a value of $5,000 or greater, owned by the Bidder. eve jrSf G ¢�'Cf7C cE B. Project Management & Subcontract Details 1. Bidder's Project Manager for this Project: a. Name: fqto -;?:G IP 2_�7 4, SW 271H STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 t. Years employed by Bidder: // GtG2 5 � --?a4C,,r. l 13,'f�Ppf,.:"r t o�nvC7t?9/� Licenses/Certifications: - (��d�rr�rr�✓nc� ' �X �a>,G,r rnJ Co�7 C-tv-I- Last 3 Projects with the company including role, Scope of Work. & value of Project: QQrc cc,,.� crc C' RorrC� i , p v C� m 'n � � f X11 i7 r � c' , 7 �' S - 2 01 1 �J � Ova -t Y.r-tua�' ail J trZc r7 �� . L_ � r/ rJ. P�Ta�il t79 C �i, 2. Subcontractors: Name - A aJ purl"Iel, S`fryl�i SCC/ct�z�C Trade r/11 i %�G 1 M e .�� % of Work License No. Certification* 3C�i v�i3 �oo,s3 ,!-/. y 0 EG000ca �f 13,E F i ('active cerificatwrs of communty small aks,ress enterartse & name of ceri�nrg antryi 3. Scope of construction Work to be performed by Bidder and the corresponding percentage of the Work: JPub does no, tncfude stxh Mems as !rs,mrce ' bonds, dumpsters trarters. and ifher similar non.convruction work tems, TA s., ,�� G e� 7 r �GY?C Y� Grp etl Ct V''r"i7 C. Current and Prior Experience: 1. Current Experience including projects currently under construction. recently awarded. or pending award (Provide an attachment to this questionnaire that lists all such Projects, including the owners name, title and value of Project, Scope of 'Work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the Project) 2. Prior Projects of a similar size_, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsib+lity. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and firal timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to: dasign-build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the bid submission. 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 is to be used and is to be included with the bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for bid submission. H SW 27TH STREET ROADWAY IMPROVEMENTS - ITB No,: 15.16-036 CDBG FUNDING • B-50204 SUPPLEMENT TO GID 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 B oder has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1) Company Name 7� t ` l 1 eL Address Contact Person/Contract Amount Telephone No.: /Email 2) Company Name Address Contact Person/Contract Amount Telephone No.: /Email 3) Company Name Address Contact Person/Contract Amount Telephone No.: /Email 4) Company Name Address Contact Person/Contract Amount Telephone No.: f'Email 5) Company Name Address Contact Person/Contract Amount Telephone No.: //Email 04 SW 27"' STREET ROADWAY IMPROVEMENTS - ITB No : 15-16-036 CDBG FUNDING - B-510204 Cltv of I+Iielmi To Willzm It MmV Concern DANIEL J. ALFONSO, Cit j Marager "na R&Warcs Letter T'rw3 refersnood 9 is responding to a BW that has been lam by Ov City & MWN. The City requires the the Odder provide Wriftan reftwenm with their Bid sutn*mion. By provMV you with Vila d=ument, the Skkkv Is roquesft VW you provide the WuMng rwfqrancs kftmaWn. The Chy waWd appreciate you providing the WormaVlon requested below. as well as anyr Womw0cm you bal ha Smpe d work - Did Ow Scoce Irm--h4. ths condruclion, hakUlkIn, repir amVw mpWc~ & it dwwmWr Pmp smon? 0 Yai 0 No Vom of P*ld 6'(0 Cato CCfflPk'qP"q. oz-10-1-ae Percarftgn c( physical cmmbu%w mek Lry .2ediar % Wan p—Aad Imnpislsd on ft4 A wfd,1n budget rj Yes No rv�, ww!a ft Bkk%r at bLA or mrWh.,M bo " *146) or 1=06W MW [I Yes [I No if y&4, piece pmvWe detsh: C -ea-' Cor rz).;-Ca- a'*"-.'-;d�'. Commer4s: Pu�hc Wolks E shvsr*l 24rd Avon** Roaidwny Improvememb Un Ma.s 13- $429 46 itp of jiliarni To Whom It May Concern DANIEL J. ALFONSO, City Manager Subject: Reference Letter f Nsme of Bidder. Rq'y'yd c' , The ateve referer cad Bidder Is responding to a Bid Wet has been (sued by ttc City of Miami. The City requires ttat he Bidder provide wrEtten re3forenr es w h theIr Bid sulbmisslon, By ,provldirg you with this dement, U-4 Bidder Is requestIN that you provide the fol!cvvirg rerfererxe Irfo madon. The City would appr9cieta you providing the Informatloq requested bellow, es'i as any other Inbr;TwUon you feel is p�ri?nerix: �� � �'f �s. � .5c>Ll7`ct /C�'r' �Nama of RaWrenca PrcOct: '.74 )� a -t Cid the Scope InyrNgAhe ecratr cticn, InstaPfat ri, repair er filar regisc:efrent cf a stomw4r.ler pump stab --0 ❑ Yes 0 No va.U-a cf prci� S cP Comte Cn r,pawted: F 4rt-sntag9 of Oy*cal ccrrs-.xtiors work a iif-pane by Bidder Y'fa$ pm}e<.t c r ske' on tine & min budget: Yes bra if no, w3;1 ti"e sk"Unr O fra+ilt or ccote-L,4Js3 to bT a deiay(s) cr ipcna c£ C7 ❑ Yes 03 No if yss, p4asa provido details: Aloha of Jr.dMdual Completing this k4Tn: n '' '3.1 'Date: /I - A ;fin Vgn s: a t': ate# , ;� c Fek har?$: ? Ufa - 3 -malt: fl'i t,r �i Lao _ .6-1-L'+(,1 r ^hca,x � IF-(- 3-"V sfrx.eroiy, Male Parez. CPPD Dfrerirr PrQwremont Clapar£msnt ' 4 ,'• ta i., +ew my t:-),P.nzF ii`; 1 r j 96 CUP of Aliamt, 7a Whan it Cwcern CAN;EL J. ALFONSO, City Manager Subject Rokwenos Latter ma cf ElWdar �"1 a jE� � G zr—,j, T'rae above mftw ced Bidder iB ruponding bra a Birt that has beers Imwed by dv tom/ of Miami. The Edify req,Uw Itat Io Bidder proWde men reftrarma vrfth tiseir Sid asibmlesion. By providing yu wth this dcairml, ft SE*�er k requeang th& you provkle the faticarin+:g reh n k*r-,naWn. The City ymuki ate you pmv#iir=g the irvkffnaWn Mari trsiVe wu4 as ny other Informs on ru fast is Name of Rafavence Proie& Sirs cf WCrZi: .f- ���. � �,. -� AP Did to Eve k Inv cornntr, t, Inonflatkm, rapeir art&or rent of a pLrsp Win? 61Yas M C y:e of pmj - � SIC, —7. i C;,ompietesd: � ,r,, l of p},ysir i Gonne" mi k "if-q0by Bic, w. % Ws.1 pr^ t oomp and on Orm A mthn bwfgeh d yag Q to f no: wus *,aLIe-o' 31 t t or carr W to W.9 doky{s} x irem c t7 [I Yes ❑ No Corrtr?�r�: Iva a Indtv4dual pump! p Chia forms �- ,� � � � � Date: Sri.:-rri:': tike; `ic_C'r. Sincerely, Annie Pem. CPPO Dbector promm"ert Npart tent Dtrd Awsmio Pwalway l mprowenwmtf hili i IM6-029 96 l'r) Whom It Nlay Canuarn DANIEL J. ALFONSO, City Manager Subtucl: Reforonon t.Gttur ruema of fNlE dov / ,J T C.-. G c C1 the above rokiranced f3fdrinr la responding to a SO that has been Issued by tho City of Miami. The Ck, requ!res that Ilio Bidder provide written refarencos vkh McIr Bid subxmsafon. By provIdIng you with q+fs document, the Bidder is requeatfng that you provide Hie folWvAng reference Infomtatlon. Tho City would appreciate you providing the infonnatlon req,u.e,ated below, as well as any other Info imatlon you foot Is psrftnt: 'r - V p4e.- nW Noma of R"foranad proJoct: &M i'r i�� � � � ���' � e'" �' �t'u�'r��e., c�-.'`� •� I '-1 -.1;7-e-y406�S Scope of Wei Ic f «a Old tho Sca o invoM o cons&uctlon, Install-ilon, repair andlor replacement of a ntorrnviatur pump Otadon? Yea F) Nc Value of project: _ � 3 : , -,_ oste Comptated: Porcentuge of physical aonstrudIcn Wort: self•performad by Bidder: % tickle project complotc,d on time & within budget: Yds ❑ No If no, vias Iho t31c.163r• at fault or conWWe to the delay(s) or Ina ceased coat? ❑ Yes X No If yes, please provido details: Comments: / 3m NameName0# l dlvio ,Toting thus farm: � ���1 /" ata., !fir r_ Telephone: t`'!rlell: r sdc--- . jvv '----- / birtearuly, Annie Peru, OPPO Diraotor Procurement Deppn-tnlont tN?i'Ci 11,iii:LlCEt? au{Li: tl'3° �/ if U��'E r�"!51i:��s n^ 11 i1, 1V V.: �'?.�•'� "'�� ieI e1r. Si� To Wiwi, It May Concohl Subiticl; Raterenrie LaPifar Nenm of Ofdd6r: C1rltv11-1, J, /a,LFONSO, City Manager Tho alx)va mfomriced Bidder is n andlrrg to a (31d that has beon issued by th•e Chy of fViaml. The Ci y requires flint Nio l3iddar Prp ovIda written rofemricm with their Bid subinlsslon, By provlding you with this dmirriont, the l3fd lar is requaetirg that you provtrfs tho foliawing r3fsrenoe Wormatfon. The City would appreciate you pt&1dtng tho to€ormoVon requested Wow, as well as any other information you faei irr pertiriert:;-,r L + f c-r.�/4� fq �OG'�i1t.1a ��t-t.. y��}.•,f. �� f �'a `+°. :��t� `Y"� Nanno of Rerdr6vice Projac4: � r ` "1` _ '%-Ope of vr01R, Ojd the Scopo Involve the cenalructlon, lnsfallailltnn, ropair and/or replaccmmnt at a stnrTnv ater pump station? 0 Yes .C4 Mlo valu0 of proja;ct: $ �i. �� ��"� pate Compieiad: 0 3_1 g C'7_010 _ 3�s�,rc.`errta�e of pi�yatc�l c4r�atrp€;t{nn tit�r�r?i sett:par i�rraad by i�iddar: a �' _ �ti Was project completed on flare & within budget.' FO/ Yes (] I10 If no, baa the Bidder at fatrit or ccniributa to the dolay(v,) or ixreasarl cost`? Yes No if Yes, please Provide details: �. � •irfJl' !Yj �f[°G� ,�_�1G'�'�'� �rS •�}t4' r�r,� !!!l%`!!�7 Cor3�rr�ent;;: Plafrje of individuw( com (etir.g this fon-n: it_ ,' Date: Signature: Tt e: Talephoro: �� 3' E-mail: Ucr>-� A7J M rPSIV Sincerely, Annle Perez, Ci'f Q Director Procurement Department WM # =;�tttr� !3u �trt°�>ry► @stS;FYucrc sis�:��x �'i f9 I�:�.: $�»4G{f;�� 96 �e tp of Alarm tt'- t DANIE: J. ALFONSO, City Manager To Whom It May Concern Subject: Reference Letter Mame of Bidder 1.1a,Oq y a Y-Xl-C-t The above n0ererg ad Bidder Is responding to a Bid that has been Issued by the City of Miami. The City requires that the Bidder provide written references with their Bid submission. By proAdIng you with this doarrrent, the Bidder Is reques#ing that you provide ffie fallowing refererce k*. rmatlon. The City would re -data you pmvf t�dif� I � �tt�reeu�atad�� ! s any other lnforxreetian you feet Is pertinent 1 b �•�a� Name of Refarance Project: .5-u 4- 4Q'S'.4 tO A "4-'r7 �tr -f'`''► 'tr xr Scope of WOO: r , t" �-y rt-��r ..+-�r-�►- 5 Did the Scope Invoivethe construction, installatlon, repair and/or reptac;ernent of a stormwater Pump station? CYes [3 No Value of pro 92 3 3 Hate Completed: /! f o! Percertage of physical ccnstrvchon mrk self-parformed by Bidder. ?L S6 Was project cc►npleted on lime & within budget E� Yes ❑ No if no, was the B&er at fault or certributs to the delay(s) or Increased cost? [7 Yes El NQ If yea, plesse p". 1de datalls: Corgi rte: 13t A J'tS'PCr1�tV'C � I/riff t ends - Name of individual completirV this form: ��ray 04150 t s ^ Date; Signature: (�") 0-� Trie. fou cp.fr*I % 5%)EVLS 5 Telephone: zi ; -Iq fl - 5C l i E-mail: 6mswE t�� L,.i ,!A -,4+o b, -k • �cV S incsnsty, Annie Peres-, CPPO DIM for Procurement Department 31H Avmmua Roadway ImWavamants ITB Me.. 15-19.029 96 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY }CITY CODE SECTION 18-73. _ f " / +� Legal Name of Firm: Ent,ty Type: (Check One) [] Partnership i I Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the Bidder): PRESENT Street Address: City: State: How long 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 "Luca; Office" n-.eans a business Wthin 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 of the City for a minimum of twelve (12) months imrnedia-ely preceding to the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a 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 a term of no less than hNeive (12) months been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received. a prior fully executed lease within the corporate limits of the City that documents in writing continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval SW 27T1i STREET ROADWAY IMPROVEMENTS - ITB No.: 15-16-036 CDBG FUNDING - B-50204 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available 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 contract at issue. a current Business Tax Receipt issued by both the Citi and Miami -Dade County, if applicable; and 4) Has had, for a minimLim of twelve (12) 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 of use required by either the City or Miami -Dade County that authorizes the performance of said business operations: and 5) Has certif ed 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 leca! office certification is borne by the business applicant submitting a bid or propria€. According to Section 18-85(a) of the City of Miami Code, as amended: "when a respons ve, responsible ron-local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in City Code Section 13-73, is wiv' in fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementianed responsive, responsible focal 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 a'Nard shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie 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 to promote economic development within the corporate limits of the City of Miami, I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sale purpose of obtaining the advantage granted bona fide local Bidders by this section. Authorize Signature Print Name Title Authorized Signature Authorized Signature Print Name Title Authorized Signature SW 27TH STREET ROADWAY IMPROVEMENTS — ITB No.. 15-16-035 CDBG FUNDING - B-50204 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. j NOTARIZATION STATE OF FLORIDA, COUNTY OF NIIAMI-RADE. That: i;t7i LC ,r me and acknowledged the foregoing instrument as his/her act and deed. personally appeared before .7) P That he/she has produced �(.'1 ��{'y !� Ari vt- . i -I� as identification. NOTARY P6LIC: My Commission Expires: Please submit with Bid Form copies of Occupational License, City of Miami and Miami -Dade County Business Licenses, professional and/or trade License to verify focal 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. ANA 1. VALDES NOTARY PUSUC STATE OF FLORIDA Can" FF409361 ExRirBS �' 10l20t 9 221 SW 27T" STREET ROADWAY IMPROVEMENTS — ITB No.; 15-16-036 CDBG FUNDING - B-50204 CERTIFICATE OF COMPLIANCE CITY CODE SECTIONS 18-87, 18.80 and 18-124 hereby certify that: am the (PresideaSecretary or Principal) of /'' �� G c- �C (Bidder's Firm), I have read Sections 18-87. 18-89 and 18-120 of the City of Miami Procurement Code; a. (Bidder) e+_-?!� (C- '! 1. _. hereby acknowledges that the awarded Contract has an on-site labor component greater than or equal to twenty-five percent (251,a), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by kl� ami -Dade County as a Community Small Business Enterprise ("CSBE"); OR / b, (Bidder) - "by is certified by Miami - Dade County as a CSBE firm and ill self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the Bidder's CSBE cerkification must be included in the bid document. iii) (Bidder) l� — ' � - - 6_reby agrees to comply with the Lccal Work`6-rce Participation ion R uirements stated in Section 18-89 of the City of Miami Procurement Code.j iv) (Bidder) !_V c '--Ch6reby agrees to comply with the Responsible 4I/ages and Be+ fits equirements slated in Section 1B-120 of the City of Miami Procurement Code. OPTIONAL: V) (Bidder) d ` hereby agrees to make assignments pursuant to Item iiia, 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 -DADS ) 6efcre e, a Notary, Public duly commissioned, qualified and acting personally, appeared _ 'r'{ � : l _ l� 7-l� � to me well known, who being by me first duly sworn upon oath says that hefsh has bon authorized to execute the foregoing Certificate of Compliance with Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in favor of the City. Subscribed and Sworn to before me this My commission expires: a�Y--It) C17"i `? Bonded by ANA I. VALDES STATE OF FLORIDA, Cann* FF91Oa'?61 Exp m 8/10/2049 u v SW 27T" STREET ROADWAY IMPROVEMENTS — CDBG FUNDING - B-50204 day of t 20 Notary Public. S ate of Florida at Large ITB No.: 15-16-036 THIS FOR I,,? I H - C()Ml I 'I I I L-1 I t,Y I i I PI)Ef "../I 'i ',UI ' I: 1 .)1" I I I ?I ),I I C] " 'Iv I I I I C :I; E P FL11J I I I L M11'.1 I,: SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE" 11 a I I I H. 41 31 k Jt -.r,' 'I( il Juse r /(1 1 c') f- K.- I't"I n( 111 e—, 1, r I.4,1 e k - At LIE f 7 rIll'jt-:t Nome ['Ir1ir.1.1 Niiinh,f -Til' T Cw itizict DollarAninUilt'. .,21 4 Z6- 2. z 1"I't CI DoliarArnowil 'e� "C7 Name of Prime Certification cer titi"'tion Type of CSBC Work to be Bidder's self Total Dollar Amount of Bidder/Proposeir No- (it Expiralliari DAte perforrvited by the Bidder(it performance Bidder's self perforniallee applicable) (it applicable) applicable) Percentage ('/.) Of Contfact Value -The Lit itjL-'1i z,1q;wd if 'itends topk-iforin JhL.- 1011,)vv1II-j VV0111 III k (1IlH(,kAI(1III- -W11II 1�1k� alt) L(A itt �1-1 Name of Subcontractor Certification Celilti:'kalion',' I yl)v cit CSRF Work to be Subcontractor Total Dollar {$} Arviount of No. pei lot -nittd by the percentage Subcontractor's CSHE of contract Value feqUirefIllent I kerilty 111al th,, hQ",6:(11"Itntil., co;.tjlllCd s-. 11.1%; [,till ijw llw. [it. Ii.st 0f lily kit ilii dlju I .Jifihlll 111,1t I wA4 1:1 it, I 11JO IJ.. Zil"lle IiI.WEI Itlit; tlpIeS of tile Will 1- I1lIIIlvqjtWly Illikiv -:LA.tL'W It, lll!":=.y (A Miami as re'111,itl4l de —If -iiddl-f bate lfid, JHr I int Nai7ir rrtfr d Caj)�Jt'lty St It ll ulld( sii.'I ned h,' -vs reisoriable afid LII1(1)lflIT1At&LIffi "Fit(-, i 141 prkmdt- tflr wiltilit-.11 norms ilil and pt-rinits I1 1 y it - [110VIJE: 51,101 goods or Services, ability to obtain bundhig that IS r—ia,owjHy rtniiiiitid to joi-wid& SLIC11 Will) 110MIZ11 1IIqi(k;tfy plaCtiCe., :Irld the ,ability to olhervviz;t- meet the. hid t+11 )jgltarurc- subcontracc-ii PilTlt N' Jlliu Ti6e MIE SW 27'" STREET ROADWAY IMPROVFMFNTS - ITH No : -15-16-036 CDBG FUNDING - [3-50204 1115 1 I 11-011 Y _d1JDi P"4TI'!'( r.v I t j It 0.11 r! I ISS. HEDUIJ-1' 01- j COMMUNITY' SMALL 1'_[\1T1'T*%'PR1SF-. 14n-MGNAM ("CSB E") rrr N'1111V of KcIdel, t'LjIlI;sr:[ CA 0' f Y7 7- _91 7: Pfultw! Ci 2c, Cul I If ic riliol I CI Olt It I cntiot 1 r I.'-1141 Wol 1% 111 1,'L-- Ilw'(''ll"i "utl Dollor (4.) Aim) rrt of Fxpiloflolt f1i.1tv f3idderlpf oposer (11 I " - j tot I I wt i I zy the Hit Wer (If pusforlslast i Bidd,.r'b ttAl pici ltii it j 41c:u :11111 tatsPr 12"., C It V. I L 10 1A Ir I tet I Ids to Liv III 16k.' lodw,01ml 'IV 1 11 �)Jj'.L',J��1'1,_ f hu 1,11100rL Irw'd tyl w 1 11 .JI1All I 01111;_ICI. 111tir,wtol. I otal Dollur($) Amokint ot No r I)tA00tilled by 1 purceilt.4le Name of Subcontrarlor (:01-0ficatio '1 ('11, ryj�o rd ('1111F vonik it) tau Of C041itrOCt VitILIO rL(jtIiI'k2I13CIIt -_ - r - 's 7 'y - I., a iml ..0 I.... ."fl 1" 41;. 1...,I A0 1 1 !'. I I n 11:.I I 1".Jf u.a4a W"' y141' -11-1 A(I JI PA'l [I- ANII., 14,11.11 it aw'I"Itd 0114 Cullt.". t nl'.hu/// Lu i'iwj6'140vly ....M' e, twollol'h! lo f'I" Lily 111 MI'u-11 '35 .01--d il it N'twu I 11ju Illi; mldt-.Lw ignv.kj has It"o.,iorlat4o ot)6 cilpacily niIIII'AC'M IG 111'T r; qWrCil rpt"0-7 rI all Iwt-miof, crid pctwdl-,I rio it, pluv:rIe swi_h :tkjlty Io (Ajtt.Ifl hollkilCir 111j1 1:1 r1:'jI1Ir%i1I 1'.I plw'ldimi -.mAl .-Jrh 11cwII'll kldkl'fi y jjl�iitv j1111 thl: atmIlty Irj otlll.tvlrE 'wel 1111 1110 mr.-IlLolv> WI ... s r(7r:j--'I'R0A[)WAY IMPPOVI'MFINTS — FUNNNG - n -50:1(1i1 ivQmkMdwg!;�, Ie3 2'1,4 kh MaKc Gonzan-, MAGG01-a AC. 1150 SW 51h S" NMI FL 331 61?0(� Dear Alin Gonzs3z: Iri-enial S,�;rvica3 Departurriant, Smali Business Develoornent "U" 1 Sti.'-'--3*.. 19" �Flccr Mam( RAG 3312S T 3v 375.3! 11 F F -3' z; C, CERT Na 12124 App(014 [)a&. 12,'I'3I2C 14 - CSBE Lve: 2 Expiration Cjta 12,31 tri -1 OHM" CHO Camny BW Rshws DWAIreM (MA a disihn of We CepaqrrW USID, 03 niv7peo'd t""?"'.';evv cf''t':.ur submi Ued fur civnlcaikon. Your W, is Mmi 0"jew as a Mrri Ca .y Srriai! 'P' ancraxonsh sonar 70 ME vz OnAn A vq A Or Me pmv;(!-,,d UCn ya; suaw a "Calviry ENOTRy Ald9z" on v notin yaw a": IVw"Sr! can Cr C'ecq'r"er It- "cr me, s�2i:;cnd yex of W Mas year peAc 7ye amwav any zlar,us a no :Vzogns in your firm 'o y.,Lw Tine vom inx of a "Cwhniog E qW, AM,! ninninaly wk spe!-,ific, Cr DeOw yao Av";naN CXI s re t�rqe year oetfca':�-,r, Y',ruv'ii� L -e i,:)tJio:f ).r DaY. Fad s, C, vocir 0 owel 4 Vfl,, `-Iv3ii,t ,i,) s L C, 2 as abovy, ".'0i vlv Fiar 0S too, vecovil YQI Im SOP ry te Qby wean V Q cyNomor a: my b a t 701 S a 12: 1 amrse P, to An jw"diq. OJ ON Annin 0 ."Vanq) Qnts e, r`"" -1 r,,-" a r 'I A reAvy kneQ iriluckcins Kam A3 aloe as to Qw yn WWI ,err cat'-:.. A -ecqn,rn Tivis We w! be to ad, aumA rnha�v wood Or Ta MAcr 0� I�r nv-4 Mas oux, C00nown It he Pro =.f s gir-i,'!uatom ol, f4 n..�, ('1 e! rj !"'e lax owks cin peink ycu *Q be pope!; noted N) Awhg an adminsiake gracass Wat your Im's Cel °,M011 0S ',a ;he WCC0 is cv1M in Te C1943iries as Wed ,�H_Iuw kjou '."& to tidl aL-d' sit gets Win We thaz tra c2iegoes I13zed /�ry gweW mc an und, cri w a3a oa c"mws h sewtwq Ve Mazy fn calld 1 Ts 5 in& cuts! in 3a Au or! N" We Fir $ npoyd an cerIfinki, piniTe as %eh as 01 01,1ner ce'tf:.-d rin-r-i orl flrr�.' Mira,.. Fjac✓e Col'.-ty Wama Seoinsi Dema e! SM Bus-ess Doa=nient AMA F07n, D,wWay at the websK '`ihank'yv. Ini Dade Court/.. smCnia". . ✓ Gal HaheIT DNnnn Mmor CATEGGRES (Aur Im nay Nd io"al?pve on c ntrarts only uner tNs� BASES, BALL kST 3jAA ; SMENT A 515 APPO RTENA NCES jCSSE," NEW &NOT TAkY H. .S:Na �EYCE,-i')PF-3A71V= 8,,'UDFRS) �CSEE� INFN M03 FUMY HOUING 0P! -_RAJ VE VSK C PE7�,AT:VE Bi- 1 8 , C83 F 111i DIJSTR IAL f_ii)I\,:.+-i 7Ri.,C VOTER AND SEA TP -iii 5 AND RF1.A4-C WOV A hi A CODE jymaw A 27 7 SP Ma7c cormaz MAGGOLC INC 1020 SIN 534 A Ma7v FL 23 WOM,' Annivsrsar/ Da'e. Annually on Decambqr 71 Insmal Sawnes Depaqmen,' My; BusWass cevyopmw 3 - ; Wn . 0 E R T }NJ 0 12,5 Ap000f rot, 1201ACT - DEE NY am Kane CCU r", I)i 71 Ji"!,j;_�r.. -- me Pon W Sol es cepon"al 03T. is pi...used m rchfj of W; yow Rm ns csWew urver the Florda Uni,:ed Pog,-.�r �,JCP) Y�i.,- smi mews a Of= squ ymen��,s Exavube PSE 3 c c c r d,u r,- e ,v!', 41 -N u F R, P i -, 2 5 DBE cat 9;a4r ! 3 :oreruns 07 r f:!,-- -S -are re.,Juvy to Moe lot '-UD an 7'o n3" jos Wa Ma No Crane Dedgrx0r; 07 wua V 0- on �1,a!-� In ��rrj -� YW;u pp: �-e j!--n-ann W oxx It Los n ad 0�00we An"Yawar"i LJ:-?iistzr, atc"-a Y(31, In av wym No C h an 3 ON rvan Onrc 'a or na n re Amm sioxy W 5 rumn y"r e It?, Our �P— P 1 2n As"d v 71 UT" M Veywo O�wn wr ne acceSSad Pir,DL.,�---! t�-e Trs-SrOQOn ; x0x�f Lnj—jj�K ;Q�Jxj-� Dec cmZOwn s NCT si gwnmna A Non, Nv a enti-��s C)- `irm tO Cu` ald ccrtr"act cn ar USOOF Fama Ad j1AA. FTA a -d -HVAV jvqaws Fcr�:13 as a -LME ccms�,�!F,-�L or rna'eriai s�,ppke� I'- 2arj t�rr--2 trare is a "MA whangs in yor V", you must advise tris --y 8`,%cr- 3-fidavil, iir"w KypoMng dcanneWar Kon My (In day! Warges ncLde. cut are nut Prund to awneviNp, Wows kay passuel sope of hark pedymed, My opevahors. on.garg bnoness flOws"go W Olmr t"s KNAUNS or to Tvyxvr ycair firm cn,r 1,av`e-,b, Vuwill receive wst-adws as to h"v yco s"M panel 1 rwassag FaWra to corjy Md. re&Jt r Won 5 yr-CVyn.f sm! DBE cavosor, Quesimrs or cmcaos show , Oe drocad a the o5ce u mad cr tesphona. Our Paphnne number is (301 375 -311 1 ter is 1,303,; 3,7;;-31 C hotrpson- Section Chief SW MWess Dewbprrwt DNAcn El ;onstrUctian TR!� ingQdfU 14ES3 CER'TIFil-A E OF JUNNER STRIPLING 7MMOCOGIES INC �'f 5 Is certified under l e or,avisirrs Qf Cha ater 10 of Miami -Cade. County QUALIFYING TRADES) �3 PA.NT`NG miamidadt-auv Cecer^ber 13, 2014 PAs. Joniffer Raiz ROAD RUNNER STRIPING TECHNC'? CGIFS, INC. 9405 NY/ 109th St, Sf.tite Bay 107 klediey, FL 33178-0000 Dear Ms. Ruin: Internal Services Department Small Business De,/eiopment 11 1 N41r 10_reet. 19r F:ocr Mien, Florda 33't29 T W5-3, 5-:311 1 F U5-375.31 ,�-4J CERT, NO: 12592 Appruai Cate: 12i1"Ii2014 - CSBE Level 1 cxpiralton Q.aCe: 12.,'31;2017 IN4.,) ni Da& Cafanty Sma' Bu4;iress D,-aveloprnen (S3D?, a diviKc)n Y the Internal Soniicas Deaartmerrt (Is-)) hey con-:plc:wd the *�,ie'v of your aPpll.,at;an and attachmants sut niit,ed for certificatcn. Your firm is officially rtifi,=i a., a ht'iarni Darle Coumy Community Small Biterprise (CSBEE) in c7CC..rLirinC.y Nit�l 5wt�t�Cn 10^'3J"C2 Ealfll Dr`idE: Cp41itLy, This CS3SE certjfica:icn is vai'.d for three years prWded that you st,hr; 1t a "Continuing DliGihilisy Affidavt;" on or 'aefor4" your ann(,/grsary date of Decemeer 19 for Ul e First and secand year of t,,re throe year period. The a"id iv t mus` Inrfir.',a'e any changea or ro char=ges in ycur firm NeH, hent to your certification eliglbflfty. T sub nittal of a "Cor.:ir')uing Eligi'biiity Af lcavT' annually with speciflc:; ,t.,ppcjrtincq documents cn or befjor�l your Dnt IS raquirDsi 'o niafma:n th9 three year can-tlTfc.adorl. You wf'l be notified of d7i`; r:;s^onsl; ility in ad,,anire of the Anni, rsary Date, Failure tc conl?q w;th th;: said respcnsibilit'.�:s may re :r Ir i �' ,t:i r', to ;3 :,a Vii. w nT, t cabie section tion of the cd '[ tr.r^ot�:ate a c �+ 'he fi. P:�es�aar?t. o the awpli� c r c e :a:� u, ca ��Ir fl-... nib"s b2,!rR ?i -°'tSfi t u - ,k -ad ai,M i�;a t. -, ply f� a Z ifj, 7�-: - � r:r ;i �i -°i f�� �� ,: �.. ,�7 r^. �� r D,. rtltlC ii .('i >d. _.7, t; .:i: a cf t'r,e deco rtiTsc;a, r. F..9': af,,v ti�:'lr'.. {J-Qr'i [$ a !Y'.�r;;;�":cit &a-ge In 1t`e firm, ir°c u�,inq, Det not iir'� it d to. C4Vi"'P'�'�1�, off'�c rs, �dis sCQoe of •,vr,di� peF�orm, d, daily open,v-ions, aff'fi.atlnn(s) with other busiressus or tho f yaa;al Icarian ref tl "� ; : y �, crus? notify th'�s ofTioa, it writing, witP�,irf (30, days. Nowt iea:icn ohoufd includa sur,pofrog docLJrre,'k<? ft)n. YDLt will recE:lve firms In5truct;Qns from tis Gfflue as to how you s'';cu-k,' If nec�•ssary. Thio fetter will ba `,e only approval notifeation issued for the duration of y0ty 11' n's thrwC: yetis certl`icatlor. if tr,e firm 8t!ak?s gra:c.atir)n or beccf'nes incilgfble during the three }oar cert;ficaJon period you wife be prcper''y notified following an administrtstive pfocess that your firm's ce:'.iti.ator. has been relioved pu,s�.Aant to the code. Your corr panv is certified ir, the ca:egcries as listed below affording you the cpporturtity to bid and participate cn contrwicts wit,, gu,36, Phrase no`e that the t ai6gU(!es listed are +ier~y general and are used on-f�/ 0 asw5t our C-USto ars in searchIrop the directory f;)r cor-:ifiad firms to meet contract goals. You oars find the firm's rip-to-da€�,, profile as well as all other cei!tfled flrm.s on the kfami (Made County" Inter -al Serlilcas Dapartrnert, Small Suslnesr-, Deva?op hent Cel Lified Firms' Dirnctory at tha wei sikN hftp'ir�nr��.nriartii;Sade.clavi"usinessr"busire5s-cerliEit;alion-progr,r.�s.asp. Tr-,an'x you far do rg b.;sir,ess with Miami Dade County, slt,cere ;r;- C�ary� art 3ef ici, Division Directo Srr:all Business Development. v;V n CATEC,,RIM (Yot r firm may bid or participate on contracts only under these cateigor;,es) ,W3HWAY, STREF,T, AND BRIDGE CONSTRUCTICN ;CSBE; pAlNTi,lG AND WALL CC}VERNG CONTRACTORS (CS3E) Veronica Clark, SBD Laurie Johnson, Si3D LOCAL WORKFORCE PARTICIPATION BID QUESTION: List all contracts Bidder has performed for the City of Miami in the past three (3) years which included Local Workforce Participation requirements, The City will review all contracts Kidder has performed for the City in the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's 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 of Miami in the past three (3) years, Please provide factually detailed responses for each project, and address each of the important items below. (i) contract number, name and brief description of Work; (ii) total dollar value of the contract; (iii) dates covering the term of the contract; (iv) percentage of Local Workforce Participation requirements met by Bidder; (v) breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (v€) if your company was unable to meet the Local Workforce Participation requirements, explain the reasons why, and what efforts, if any, were utilized by Bidder to attempt to meet these requirernents; (vil) if the project was over one million dollars ($1,000,000) did Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) was a third party hired to verify and certify compliance with the Local Workforce Participation 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%) retainage fee released to' Bidder by the City upon project completion, and (x) if Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. IOt SW 27H STREET ROADWAY IMPROVEMENTS ITS No.: 15-16-036 B-50204 J Ei ENGINEERING CONTRACTOR - M. E-251302 and CVC -9224M 11020 SVY 55 3T,. M [AM 1, FL 33165 PHONE: 732-29'1-2940 FAX, 78"72-"31 TagaggA* 3tL1zM_Q_M MAGGOLC INC, -LOCAL WORKFORCE PARTICIPATION Works Performed for the City of Miami for the past 3 years. 1-(i)Project: NW 18 Place Read improvements / Na. 134=4 (li)Doitar Value-. $480,547.75 (M)Datas Covering: 4/28/2014 to 03/,15/2016 (iv)Percentage of Local Workforce Participation Requirement met by Bidder (30%), (Y)Brpaakdown of Local Workforce used to rneet the requirements -Raimy EsqLjjbeJ- Corcrete Crew / Labor -Finisher -Angel VaMez- Concrete Crew/ Gabor -Sob Cal Operator -0switdo, Barras- Supervisor (vi) WA (vii) N/A (vii'l) No (ix) Yes (x) N/A 2411Projerl: NON 11 ST frorn 27 Ave tc 37 Ave Area, Roadway linipm.vernents No. B-30731 000ollar Value: $IM,875,83 (iil)Catas Covering: 4/07=14 to 10/130/20-14 (1v) No Perccentage of Local Workfome Participation Requirement (leas than $250,000) 34LI ,,project: Lurrim; us Pak Landing Street Project- Segmv:lnt 2/ No, S-30643 (ii'Doltar Value: $222,612,9,1 (11i)Dates Covering: 1/15/2015 to 05130/20-15 (iv) No Pemen0c,,e of Local Wor# force Participation Requirement (less than $250,000) 4-(i)Project: Beacom Project Area Improvements. Phase )I (U)Doflar Value: $8,18,978,96 (lfl)Dates Covering: 21002015 to 07/15/2015 (Iv)Parcantage of Local WoAforce Partf6padon Requirement' met by Bidder (40%), (lilieruakdown. of LOCM WOrI40M,8 used to meet the requirementa -Rairny Esquibel- Concrete Crew / Labor -Finisher .Angel Valdez. Concrete Crew/ Labor -Sob Cat Opomfor -Rclandc Feria- Restoration Crew/ Labor General -Cados Hernandez- Concrete Crew/ Labor General (vi) N/A (vii) N/A (YM) No (N) Yes (x) N/A CIT" OF MIAMI .Mi CAPITAL IMPROVEMENTS PROGRAM SL. BCONTRAw'TO UTILIZATION / " e FORM Sheet No, i cit 1 Project No. Et- 50204 � Project Title. S4tt?Ifr� >i;e:�r (iea:aawrtv 1s„€lrLrra�nts This Farm should be submitted with a bidder`s bid form submittal. Failure to submO this Form with the bid may result in the bid being rejected as non-responsive. The City in its reasonable discretion may allow, in the interost of the competition, the liid{irr to subratit the Farm after bids aro cfue (as supplemental information) - Provide the following information for each subcontractor regardless of tip r_' Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/CityfState0lp License Information— Type Number Miarni-DarleCertiffication* CSE CSBE NI"A_ Roc ri F unr-e£ suiping €ec_ knc. Striping & Signs 16,121.00 4.69 940N'Al ul°y ,T Su;i� ItV i`airff & Signs NT, &' Y FL.:3317F1 ED EJ A. Lu,s €v€',Haig Y Sery inc Mif ling Asphalt 14,320M 4.17 242 St1V142 Flue �_j L] i-furrid816tiJ Fi 3",io32 E �sr3erYt'yn e�;l�ers Nast�rC�ro_ CFCtl[:r�€� 1"3,;;2iS.UL7 ,5.h.`3 4Ci! i? `y'VV 5dtil Sir��i C.lTi€;r�iL' r411}Awi, r L j"31 ,", / / a /p� ED Q EJ EJ � a � D 0 C I Must be certified by Miami -Dade County. All tiers must ne shown, including multiple sub -tiers, if per€pitted by the Contract Documents - 'List only those relevant to this Project - *""Check NIA if the listed SU does riot have a CBEICSf3F certification (e g-, independent third party verifier) Form SU STAFF OF FLORIDA DEPARTMENT OF BUSINaS AND PROFESSIONAL REGULATION 0ONISTRUwTION IDUSTRY L10ENS �'�G BOARD 2601 SLAIR STONE ROAD TALLAHASSEE FL 32399-0763 GONZALEZ. € APl Q .-i f41AGGCLC INC 11023 S?N 55TH STREET MJ AMI FL 33165 l :i 7;3 Y: I�ilVi 7� 1J!!i"I this you beccr1M One of the near !jJ ore mikicr I= cr'dians J Dy rt'.i Depart, -rent of 5'usS res-; and Frai"2sahnal "riagu'Wrn f;:urpr^f(;5$:..noia i!'d bt.I. iress8s grange �wc' Fe'.y v, -,,z), .V-ida'S s..r�ny &mq !iii'(` e Pak to Wma te h?, we do Wren !f' oder jb-Cul .L"; ,>3'4!CuS: Iaa5W Oa WIMS WK to f .,g FI AWS W it 1}7dGi y^U, 5! to -.r t.e t' a.2 cif"Fre ti Wd jam mys SCt O 01rr i"',s9 Irl at t!'e ©"Wiev w L.icimse woody inuW FA Ny_ ne CCi1SEc Nly to spry-. you better so ti at y, -,t ca'r, : eme yow Cu'S"f men. Thar`x you & C ang tUsnes3 in E-1G'W and crrncgritul ation^a p' ?n your new Jcensei (85C) 487.1.395 b;; .• ST" TE OF FLORIDA DEPA,RT)e '—,7NT CiP i�US1-1`SS AND CU , 22^'-18,J ?®w. 3--'lFD... C6;30F20'!-a -CE?T UivDER R UNC & _. :A/ , Nm" R e MAGG('LC INC 13 CM'rWAn unfu me FS. --x-_ we ,eco � .'(T,1a-. DETACH HERE E R.: Cx; vU0 ! : CJ:�`J�RV.. .R KiWN LA'v'15)hi: wECRW Tf,nY STATE OF F1 OMDA DEPARTMENT OF SU I IESS AND PPOFESSIONAL REGULATION CO;L11STRUCTION INDUSTRY LICENSING BOARD � CUG12'2 486a The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Ci.@pter 489 FS. Expiratlor datc: AUG 31: 2)18 GONZALEZ, MARIO H MAGGOLC INC 11020 so/ 55TH STREET MIAMI PL 331661 ISSUED OSPLAY AS REQUIRED BY I_A-r'V ds I SEQ4 1-16t630)001J71 STATE OF FLORICA DEPARTMENT OF BUSINESS AND PROFESSIONAL, REG ULATION Ca a;40— i RU—TION l I ii rouS R r LICENSING, BOARD 1940 NORTH MONRCE STREET .m TALI_.AHASSLE FL 32399-0783 GC NZAL'=?, NIARKD 'Ii l'020 &0 35TH STREE T MIAMI FL331E3 licerse 'icu tieccme ore of tl"'o ready Cre mi".lion Ror,'C1ilrs Tref-ied 5`f tPe ClaPO"Ir ent 3f Business and Profassionif Rigulat.c n. Our ;,ry ior,.a!s and buss ]e55?3 rangR- fr: rm 8i'•.:l'1it'?CfS t '�eil;^: i~r-,i(?f'a, fWraf uC:X$fi to bwr eque, resti€.umni3 S:r;nj Eva: / ..1:3,1 w We tO in :C S?rF i3!?a:?r Jr 1_iS a;,0i iCCL ` L'f s,'r/icei. pi:�as;- !C{g Cr E;) nrtivtinrfr. yf',arida';centi"4.ccrII. �car� ycu C3.- "ird wcr,: �r "u"atxm r'',uH m�riaCh; �s €�le i" €Y+`! 5--r `!.'. .7 5��^1" f.. i, k?i. e S- ihaf Y --U Cai1W9�irl'�' your w,'wtr,ai:. ThaoK y uolr:3'b.s"ress r :cr'da, and conrrat�:fetic rs )r Y' -'Lr new ficensa! DETACH HERE RICK aC0T7, GCVI-RNOR (859) 487-1395 STATF0FLORIDA DEPRTiM ' 01' SUSINES 7 A i p�yy-. ca AIA . 4w..08/01-401-5 L1ATfC� I R 29 � i'J3�'4,:'-' VS -<.'.ED t. 8/01!401.-5. �MisGGL_i: MSS R_3..3TE Zc i7 t s.gis ri Ll -i e.5 a'-: ':l 3'. »-C'" I_ KEi,l L 's`,Sc&i, S'_aR�TA y STATE OF FLORIDA DEPARTIVENT Or BUSI',,ES9 AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GEXIERAL CONTRACTOR Named below FLOC RECISTEEREC Under the provisions of Chapter 489 FS. Expira',iC)n dale AUG 31, 20,17 (11NDMDUAL MUST MEETA L LQCAL. L: C LASING REQUJ REMENTS MOR T0,1:0 T AI_,_AMG IN ANYAREA) GONZALEZ• MARIO H MAGG©LC INC 11020 SW 55T i S' F ; ML41M1 Fl- -3f�91- rSSLED '3•:arr PLAYAS RFCJI?Eu3Y LAN5)wSi Local Business Tai Receipt V a '-0aJ4 -.a f F1,o 3 &.:.s;NESSAta ME, L.�C'a T'CN 98CEif�T:k.O XPiRE S SEPTEMBER 30, 201 &9i ��✓�i i� i 3 �i �.. ���MAWf�kie i� .�%'.w ^: A'1 'x.61 w'r OWN:ER SEC. TYFTLI OP tiQMNa i RAw� AYMtF. IT �aE€"fE CREIT, A ZD—'; h a� a; 3usken Tse aF;ei t o)Wy a r irm 11 omntai-if ?ha la: i 3o5inas5 T"I % =,a: at ,� not a ftDsa Pe010', r x aWfli#irat€ut: cf IM NOdee 3 W.� FTariaus,'n.1c 4usi ass HaIdttr mm .'a µay V'ttz airy gavr.MMU r=ta` ar-'�J€€ a r�[,wton[st Pa ju�WuQ [JV4 o i,ri,P„ulrement Min aleptit) bo ie.ia "3 TJa SIE"ZPT i3J. at'ova �Twv'm as .€il aarrrirterqwiehidgd" . iE: ne—a any Al Sec 8a -M hr mu^yr:gRcn visrsws'p'jIYHi�iiig,3ife2ge+rz:q;. C0cstrV,U0n ing 3card %6W JVIAGGOLC INC la GONZALEZ MAR{G s certified €anter the DfDVisi� CORPORATE RESOLUTION WHEREAS, C, C� � C r, Inc. desires to enter into a contract with the City of hit arni 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 theM/yr -a,- (type title of officer) is hereby authorized (type name of officer) a^d instructed to enter into a contract, in the name and on behalf of this corporation, with the City of M1 ami 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 lir_ 20 +� Corporat6_, e"C'retary (Corporate Seal) SW 27TH STREET ROADWAY IMPROVEMENTS ITB No.: 15-16-036 B-50204 FORM A I\FOR.NIATION FOR DF.TERMI\IN ..JOINT VENTURE FLIGTRII.ITY If the Bidder N subnlittIll! a.; a jOtnt Ven(ure, plea,e be adViscd that this form 12 pages) tiNTUST he Completed and the. REOUESTED written joint -venture agreement \LUST be attached and submitted wirh this form. 1, Dame ntjoint Venture: _'. .-address of joint \en lure'. . I- pyhot14' nUn1. .Z.i (3!F joint vLnturC'. �. l�lentil'. the firms that comprise the joint venture: �. Describe the rule ofthe NIBE firm l'applicable) in the joint venture. - 6. Pro\ ide a copy of the joint venture's written contractual a=greement. 7. Control of and participation in this Agreement. Identify by nan e, race, sex. and "firm" those individuals (and their tit'es) who are respons He- for day-to-day management and policy decisloil makin,, includim-Y. but not limited to, those with prime responsibility for: (.i) Financial decisions - (b) Mananement decisions, sueh as: ( I ) Estimating: (3) Marketing and sales: (3) Hiring and firing or management personnel: II: SW 27"" STREET ROADWAY INIRROVENIENTS ITB No.: 15-16-036 B-50204 (41 Purchasing of major items or supplies: (c) Supervision of field opera ions: NOTE: If, after tiling this furan and before the completion of the joint venture's work oil the subject Contraci. there is any significant change in the inforntarion submitted, the joint venture must inform the City in xvriting. AFFIDAVIT r "The undersigned sw ar or affinn that the fore-,oui{a statement, are correct and include all material information. necessary to identify and cxplain 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 City current, complete and accurate information regarding actual joint venture work and the pa%rnent therefore and any proposed chanties in any of the joint venturer relevant to the joint venture, by authorized repr4sentatives oftlic City. Any material misrepresentation will be «round: fur terminatinz anv Contract which may be award and for initiating action under Federal or State laws concernini false statements." Name of Bidder: SiJnature: Name.- Title: ame:Title Date.: ,, S`01 27TH STREET ROADWAY IMPROVEMENTS 8-50204 Name of Bidder: Signature: Name: _ Title: Date: ITB No.: 15-16-035 Deparlmen� ' I of * Community & Economic Development Commercial Rehabilitation Bid Package for CDBG Projects Over $100,000 THIS PROJECT !,'I FE-DERALLY-FUNDED WIT H COMMUINITY DEVELOPMENT BLOCK GRANT I"CDBG') FUNDING. AND, AS SUCH, X -L SiDDER'S SHALL BE SUBJ=-CT TO THE CRITERIA, CONDITIONS AND REQUIREMENTS ASSOCIATEDY/17H THE CDBG FUN:);NO. BIDDERS SHALL COMPLETE AND SUBMIT ALL OF THE "CDBG FORMS AIND C - ERTFV'L\TIL)NS` FOUND 0`11 THE PROJECT'S VVESPAGE. SAID CDBG FOR.M,3 AND CERTIFICATIONS ARE. HEREBY, 1P,IC',RPOFATED IN70 AIND ARE PART OF THE CONTRACT TO BE AWARDED FOR COMPLETION OF THIS PROJECT. IN ADDMON. EACH SiDDER SHALL USE THE FEDERAL WAGES REFLECTED IN WAGE GENERAL DECISION 05,'20,2016 FI -221 IN DEVELOPING ITS BID FOR THIS PROJECT AND THE SELECTED BIDDERXONTRACTOR SHALL BE REQUIRED TO PROVIDE CERTIFIED PAYROLL RECORDS DOCUMENTINCi THE WORK PERFORiMED ON THIS PROJECT. Project name: SW 27'x' Street Roadway Improvernents - CDBG Funding - PROJEECT NO.: B-50204 - ITB NO.: 15-16-036 Project Address: SW 27th Street from SW 32nd Avenue to SW 27th Avenue AND SW 31st Court froni SW 27th Street to SW 27th Terrace - Miarni, Florida 33133 GLOSSARY OF TERMS USED IN THIS DOCUMENT: City of Miami: Department of Community and Economic Development (DCED) a Department of the City of Miami Agency: The Sub -recipient funded under the Program: City of Miami DCED. Contractor: General Contractor or Independent Contractor to perform the construction work. CDBG: Community Development Block Grant. A federal assistance program aimed at improving the physical appearance of commercial businesses located in low to moderate income neighborhoods. Scope of Service: Work performed by the architectural/engineering consultant and all contractor/subcontractors under contract with the Agency. Architect or Engineer of Record: The responsible Architect/Engineer (,Javier Rodriguez. ISE No.: signing and sealing construction documents for permitting, inspections and project final completion certificate. Compliance with Requirements: Without exception. bidder must comply with all the requirements set forth in this document, City of Miami Building Codes, and any other regulation from the Federal, County and Municipal agencies with authority over this project. Bid Invitation: The Bid Invitation is extended to ail vendors 1 contractors that are licensed and insured in the state of Florida. Type of Bid: This is a competit' e sealed bidding process. Bids are to be submitted by the Bid Opening date and time. The City of Miami staff will review the bids and determine the lowest responsive bidder. All bids must be signed and dated by the bidder. Type of Contract: The awarded bidder must execute a contract with the Agency, using the AIA Document A101 - 1997 Standard Form of Agreement between Agency and Contractor in the same conditions offered in the bid or as later agreed upon. The Agency can include agreed supplementary conditions to the AIA Document A101 - 1997 Standard Form of Agreement between Agency and Contractor. Funding Source: The budget for this project is being funded by CDBG (Community Development Block Grant Program) through HUD and the City of Miami. Payments: All payments are made on a reimbursement basis for work completed only. Authorizations: Decisions, contracts and approvals regarding this project must be agreed, documented, signed by the Agency and approved by DCED. Coordination: The Agency/DCED will coordinate the meeting, events, time schedule, scope of work, project closeout and the payment calendar. Communications: All actions, activities, minutes of meetings and either verbal or written communication must be conducted through the Agency. 2 PROGRAM, PROJECTS AND CONSTRUCTION COMPLIANCE INFORMATION Scope of Work: Please refer to this bidding package for the specific scope of work. Project Time Schedule: Invitation To Did Advertised on December 15, 2016 - Bids Due on January 17. 2317 d 3:00 'PM. Bidding Process: Contract to be awarded to the lowest responsive and responsible Bidd-]?r. Pre -Bid Conference: Conference to be held on December 21, 2316 at 10:00 ANI at the Miami Riverside Cent r. 6't1 Floor - South Confarenre Room, 444 S1,/ 2''1 Avenue, iMiarni. FL 33130 for all prospective bidders. Scope of work will be reviewed and questions and clarifications shall be made at this meeting. Attendance is not required, but recommened for any questions regarding project. Additional Bid Information: Further information must be sent in writing to the Architect or Engineer of Record (A/E) after the Pre -Bid Conference via FacsimilelEmail followed by certified mail before Friday Devernb r 33. 23!7 f� 5: P" The additional information provided by the A/E of Record will be distributed to all bidders to guarantee that all bids are based on equal conditions. Bid Opening Deadline: Bids submitted after 3 00 p.m. on Tuesda=y, Jammry 17, 2017 will not be accepted without exception; the bid time will not be extended. Bid Submittal: Submit bids in a sealed 9" x 12" manila envelope, hand -delivered or mailed to: Clerk of the City of i,1iami Attn: Rosa Castilla City of Miami City Hall 3500 Pan Am9rican Drive. 1i' Fiaaor Miami. Floridvi 33133 **All bids must be submitted in sealed envelopes bearing on the outside, the name and address of the bidder, the name of the project and date/time stamp. AWARDING Awarding: The Procurement and DCED will select a bidder based on lowest responsive and responsible bid price. Notice of Award: The selected bidder will be notified in writing at a time convenient for the Agency's schedule. It is understood that the bidding conditions submitted by the bidder will be valid for ninety (90) calendar days after bid opening date. NOTICE TO PROCEED Following the award of the project and in accordance with the Agency's and General Contractor contract execution, the Agency will send in writing the Notice to Proceed to the selected contractor. CONSTRUCTION DOCUMENT REQUIREMENTS Document Identification: All documents must clearly bear the origin and name of this project (SW 27*h Street Roadway improvements - CDBG Funding - Project No.: B-50204 - ITB NO.: 15-16-036) and the consultant's/selected bidder's data. Consultant's/Contractor's Registration: All documents for permitting and construction must be signed and sealed by a licensed and insured consultant or contractor authorized by the County Building Code and the County and'or municipality's Building Departments with authority over the project. PERMIT PHASE SERVICES Permit Processing: This service will be evaluated in light of the bidder's ability to expedite the permitting process. It is the contractor's obligation to follow up any work of his/her construction documents in the Building Department, and to make the modifications to these documents required for permit approvals, Copies of all permits (open final) must be provided to the Agency for record documentation. DISBURSEMENTS The Agency will be responsible for payment to contractor. The City of Miami will pay disbursements to the Agency or to the contractors, upon written request of the Agency. Please note there will no advance or deposit from neither the City nor the business owners. The contractor must be financially viable to sustain the project in its entirety. The Contractors Payment Requisition must be authorized by the Arch itect'Engineer of Record and the Agency, and approved by the City of Miami (City). Upon (partial) completion of each portion of the work contracted, payment schedule is as follows: Payments to Contractor: a) Monthly payments, upon completion of the contractor's certified partial work accepted by the Agency and the City, per schedule of value. b) Ten -percent (10`1'0') of construction cost is retained until project is 100% complete and certificate of completion is submitted to the Agency and the City. c) Approval of payment requisition is subject to approval of the agency/contractor provision of all Davis -Bacon, Section 3: Releases of Lien, permits and other documents as the City may require. d) The City will not reimburse for any materials stored. MODIFICATIONS TO THIS DOCUMENT Additional terma and conditions-, At any time, the Agency/DCED may change the terms or incorporate additional conditions to this document and to any other document furnished for the bidding or contracting processes. The bidders will be notified and the bid time will be extended according to the impact of the modification. 4 Contractor Bidder Data Date issued: Frm or Independ-ent ConSultant Name: Project Pklanager. Business Address: Te'ephone. Cel, phone: Fax.- p.v µ P; J ess!onai L censzD No--.: InsL,rance Com, a in y 1 ,Policy No.: Omer Information: 01/17%2017 Maggolc inc. Mario Gonzalez 11020 SW 55 Street Miami, FL 33165 736-291-29=9 786-472-8331 maggolc�jLyahoo.com Colony In -Durance Co. Lic. E-251 302 /t/ -D f � Plaase enclose copies of your licenses and insurance. r� Addcndu111 to General Conditions Section of the Contract Davis Bacon and Section 3 Requirements Development Name: SNV ?''n STCtF.f l R()AIiW.X1 IMPROVEMENTS —CI>Bt<FL"\I)C\'C; Tele' c'otrtl'CRto:- to eoml,ltwith Federal Labor Stunclardy pi-ovi.6nu (Foo -m HID -4010), Cliel General Dccision Numher F'L160'21 (05-20-I6) F'L _)?1 (Wage Determination), and Sccrion 3 req,iirenrents (Section 3 Clause). which erre attached and incot pvrated herein. .Dayi,y Bacon: The understaned her,,by warrants and represents that all laborers and mechanics employed by the undcrsi4n4d shall be paid not less than the vagcs prevailing in the tocality o the dcveiopment as predetermined by the Secretary of' Labor pursuant to the Davis Bacon Act (40 USC 27ba-276a-5) and shall be paid overtime wauaes in accordance with the Contract Work HOLIrs and Safety Sty,ndards Act (fit) [_'SC 327-332), as applicable. Section 3: The undersi�mid hcrz-hy kvarrauts and represents that to the greatest extent feasible, when awarding contracts or providing training and,'or employmacnt opportunities for activitics sub -I'M to the regUirements of S_ctlOn 3, will skriv"e to comply v�ith the minimum numerical goals established and am.-rn t to reach the Section 3 mite mum numerical foals found at 24 (,FR Pat 13 5.30, Section 3 of the H3usin, and Urban Development ,pct of 196 S[ I' U.S.C. l 7t? l u] and 24 CFR fart 135 is HUD's Lglslane directive for providing prctcrencc to low- and vcrl' low- income residents at` thy: local community, and the businesses that substantially employ these persons, for now crnpIo%i :ent, training, and opportunifles resulting from HUD - funded projects. The undcrsigncd also herLby %\ arrants and represents to provide a rcpresentative of Florida Housing Finance Corporation with all records. forms or reports to evidence compliance Section 3 requirements. Contractor: Sufi -subcontractor: Prs rmcurCrna. ,n Prim\atmofC'ompany — 1 � I r k��Fktl llr Sign` Ire 6_� Printed Name and Title Printed :'dame and Title / �- f -�' Date I Date SECTION 3 & MBEIWBEIDBE CLA A- T^e work to be performed under this contrac: is subject to the requirements of Section 3 of the Housirg and Urban Development Act of 1968, as amended, 12 U.S. C- 170lu {Sect.on 3). The purpose of section 3 .s to ensure that employment and ott'ier ecoromic opportunities generated by HUD assistance of HUD -assisted projects covered by Section 3. slhV. to the greatest extent fear b'e be directed to icw- and very low-income persons. ca-ticufaflr persons viiia are recipients of HUD assistarce for mousing. B. The parties to ttis cortract agree to comply with HUD"s regulations in 24 CFR part 135, which implement section 3. As evidenced oy their execution of this contract, the parses to this contract certif•.v that they are under no contractual or other impediment that would prevent them from complying •Kith the part 135 regulations. Cr The contractcr agrees to sand to eacn iaoor organization or rep;esartanve of wcrkers wilt wt-icn the contractor has a c6lective bargaining agreement or other unde,stard:rg. f any a notice advising :he laLcr organization or workers' or the cortrar_lor's cotnn,itmer:s under this Section 3 -!,ilii =t --c m i :�s: cccres of the ncuca in conspicuous piaees at the W' S 3:,n_ ,vi,ere oot'i employees ar•� applicants for Vaanirg and empio'vr'ert ii can see the nctice. The notice shall descr-be rhe Secticn 3 oref�rPrce, shall se' Forth minimum number and job titles sublect to hire availability of apprenticeship and training poli€ions, the qualiFcaL:ons for each; ,and the name and location of the person(s) taking applicators for eacn of the positrons; and the anticipated date ',he work shall becin. D The cordr3ctor agrees to include fh:s Section 3 ciause in ever! subcontract srbjec: to comclance wrh regulaticns n 24 CFR par: 1.35, and a;rees to take appr.p^ate action. as prow ded it 3,1 apalirabEe provision of I i; bco^tract -cr in this sac:icn 3 clause upon a finding that the suncorirartor is in oclatior of the regulatiors n 2-1 CFR par' 135- The zontractcr mil rot s,.bccnTaci wiT anv subcor:raclor where the contractor has notice or x-cwiedge that ire sub- artr3ctor has been found in violation of the reguialicns in 24 CFR part 135. E. Tie eor,tractar will cenify that ary vacant errpto^yment positions. nciuding trairirg positions. that are filled {1 i after the eontr3etor is selected but cerore the oontra: t is executed, and (2' with persons other than those to whoa t^e regulations of 24 GFR parr 135 require employment apportunit:es to be directed. were not filled to circumvent the contractor's obligations under CFR part 135. I . I'varcompliarce Atli HrUD s regulati ris in 2-t CFR par# 135 may result it sanctions, term:nation of this contract for default. 2nd deaarmert or suspension from future HIED assisted contracts. A. MBEMJBEIDBE ;i) he Development Partner's selection policy arid procedures shall foster the utilization of minority-owned businesses and women -owned businesses. A minority business enterprises t"MSEs'i and worrier.. business enterprises (`VVBE3') combined utilization goal of not less than twerty-live percent (251•0) of the total contact value shall be required on all contracts. [ii) The Development Partner shall comply with Section 3 of the Housing and Urban Development Act of 136a and the impfementation regulations at 24 C.F,R_ part 135 (the "Section 3 Plan'). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance shall be to the greatest extort feasible. directed to low and very'ow-income persons, particularly those who -eceive HUD assistance for housing. (;ii} Tie Cevelopment Parser shall formulate plans for tvli3Es and INBEs participation aid -Section 3 HtJrg on terms approved by the Authority_ The Hiring and Trawir•g Plans shall specify how affirmative action and resident hiring reauirements snarl be €noosed" how the Authorty's minority goals shall be meL and hew all requtramerls of Secticn 3 of the Housing and Urbar. Ceveicement Act of 13E8 as amended shall be met. with respect to the Geyelcprne ;t ir. acccrdance with the Section 3 Ran and the Section 3 plans programs and policies of the Authority. Tie Hir r.g and Trasnirg Pfans snail be applicable to ser ir-es rendered by the Development Partner ary Owner Ert1,r and their respective contractors and subcortractors_ The Development Partner shall implement or cause the Owner Entities to rnpterrent the Hiring and Trairr.9 Plans as approved by the Authority tiv� The Development Partner shall rna.ce affrr.alve outreach efforts to publicize training. employment and subcontractirg opportunities. Notice shail be put in local nevvspape•s and flyers shall be distributed as appropriate. Local Li,mors elected officials and training organizatiors shall also be nctS.fed, The Development Partner's efforts under tt?e Section 3 Plan shall be documented monthly and as ev�der.ced by the exec.ticn of this Agreement, the Ce•.eicpmant Partrer certifies that it is under no contractual or other impediment that would prevent compliarce -Ai th 24 GFR Pari 135, B. MBE and WBE Partici ation. To achieve greater participation of %lBFs and VV3Es in contracts administered directly or indirectly by the Authority pursuant to Executive Orders 11625 and 12138. the Devetoper agrees tc use its good faith best efforts to: ;1; place qualified MBEs and WEEs and smatl business concerns on sclicitation lists (2i divide the Devolopmert Services irtc 3i-ar'er'ask; or quandt.es to permit maxanum partcipation by MK., and v';__s and small business correrns, tat use the services and assistance of the U.S. Small Business Admiristraaor, the Minority Business Develnpmert Agency of the U_S Decar?ment of Commerce, ary local mirority assistance organizations and vanoils stale and local government small busiress age;ides. ;4s comply with such additional •equirenents relating to MBEs-'AiBEs. and Section 3 as set forth in the hiring and rr3inirg plans developed by the Owner Entity, and appraoed by the ,Authority (the "Hiring and Training Plans") C. MBEs,WBEs Report, Each quarter, the Developer shall, and shall rause each Subcontractor to prepare and sisbmit to the Owner Entity the Section 3 MR Fs and '•P;6Es recent in the form prescr-tied by the Owner Entiiy_ D Section 3. The Develooer shall, and to the extent pract:cabic shall require its Subcontractors to, ensure that employment opportunities shalt be directed to, (11 the Authority's public housing residents, then (2) low income residents of Miami Dade County in accordance with the Hiring and Training Plans. E Local Selection. The Development Partner agrees to use best efforts, consistent with Applicable Public dousing Requirements and the selection policy and procedures set forth, as amended from time to time in the sole discretion of the Authority, to expend not less than Twenty-five percent (25',8, of all expenditures for goods and services relative to the construction and operation of the Development, with venders and companies located in the 4liami-Dade County area. All documentation to support this commitment and detwmination that the cornrnitmerl has been met, shall be subject to the firal approval of the Authority Initials: !Y &- Federal Labor Standards Provisions Applicability The Protect or Program to which the construction work covered by this cor'L act pe,tains is being assisted by the Unit>d Swes of America ana the following Federal Labor Sia oda - ds P-cvis:ons are inr,!ud3a in this Contract ,rs: ant to 'he provisions app! cable to such Federal asss!ance A. 1, (i) Minimum Wages. All laborers a^.d mechanics employed or working upon the site of the work, will be pa Cl unc.ondit-onally anc' not less often than once a week, and without subsequenf deduction or rebate on any account (except such payroll deductions as are permitted by re,isla'iaris issued by 'ne Secretary of Laoor under the Cope!-3.nd Ac, ('_g -'FR Par: 3' the full a-nn,;rt of 'Nates and bona f da fringe be.iefits (or cash equ ,ale:,+; hereof} due at time of plymenl comp+aled at rates ^ot les3 thin thaw conta net ir the wage determ. nation of t^.e Secretary of La'ao. ,vlti:h is a!tacn.ed hereto aria made a part hereof, regard'ess o` any contractual relationship which ma/ be a!le,a:; to exist between the contractor and such laborers an., cs. Contribu .cos made or Costs raas3nao!;z .1 ;)4,- f,.;' bona fire f,,ngq benef',.s. undo 5erti^n l':: _ Jf • i ..3J;s-i3Jcon. Act 01) b?ha!i of wages pad to such the prow sicns of 20 CFR i 7 ar bu'i ans made or costs A period (bat no, less often tari , finds. or programs, which cover t! a tar, . _'a period, ars oeemed to be eon-strv_t,•,aly mado r ,seed diring such weekl.l period. Such lo—,,ars and rnscran,ys shall be paid the appropriate wage rale and fringe benefits on the wage determination for the classl'icatio"i of work actually performed, without regard to skit) except as provided in 29 CFR 5.5(3)14). Labi;vers or rr:er_hanic3 ^erforn-6ng work in more than one classification may be corYSf}3nsated at the rata soeeified fo, each classification for the time actually worked the-ein: ,Provided, That the anip'rtyers payroll records accurately set forth the lima spent in each elassi` cation in which work is perfcrm,ed. The wage determination (irclud+ng any add .:oral classificatcn and wage rases conformed urder 29 CFR 5.5t.a)!limj and the Davis -S30 -un poster {WH - 1321 } shall be posted a' all times by the contractor and its subconlractors at :ha site of the work in a prominent and accessibie, place Nh'are it can be easily seer, by the workers. (I I) (a) Any class of laborers or rr,echanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in corformance w tin the wage delerminatior. HUD shat# approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met U,S. Department of Housing and Urban Development Office of Labor Reia!iors (1 j The work to be performed by the C13S31f1C3t10n requested ,s not performed by a classification :n the wage determinat on: and (2) The classif car on is u' I17ed in the area by the construci.c. • ,n :s:rr and (3) The propos? 7 Nage rate, including ary bona `:de fringe beref:ls• bears a rea-3cnaole relation hio to the wage rates contained in the wage determina:icrs (b) If the contrac€,r and the laborers and mecha^ics to be employed in the classification (if known), or their reoresentat!ves, and HUD or its des gnee agree an the classificat'on and wage rale (including the d nount des gna:ed fcr fringe benefits where appropriates, a report of the action taken s -%all be sent by HUD or its designee to the Ad-niristra!or of the Wage a^d Hour Divis on.. Employrnert Standards Administration, U.S. Depa-:-rent of Labor, 4V33h,ngton, D C 211210. The. Administrator or an authorized reo.,Lsarita7 ve will approve, mod fy, or disapprove every additional classification action within 30 days of receipr. and so advise HUD or its designee or will notify HUD or Rs designee w-th,n the 30 -day period that add'ional time is necassary- t4pc-aved by the Office o` Ml.aragemanl and 8udgot undo. GMEl control number 1215- 0140 1 (c) Ir .-3 exsit the cunt a.`or. t',e laborers or mecharics to be cloyed in the .sass f:catior cr the i r rebresenta',ive3 anu 'rC. or its J33 gree do nor[ a'gre3 on the propos:d classification anJ wage rate fineiud ng the amo•.,nt oesagnate! for fiinge benafifi, wiare appropr atef. HUD or its designee steal re`er the questions nclud rig the views of all interested partes and the recommen.da,ion of HUD or its designee, to the Administrator for de€erminat on. The Administrator, or an authorized representative, will issue a determination within 30 days of rece,;,t and so advise H'L,D or its designee or will ncl:fy HUD or its designee within the 30 -day per ad that aJditionai time s necessary, (Approved by t'ne Of` ce of Management and Budget under OMB Control Number 1215-6140-1 (d) The wage rata iincluding fringe benef-+ts where ap;,ropriate) determined purs,iant to suboa•agra_chs (1),it){b) or (c) of this paragraph, shall be paid to all wor<ers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborer; or mechanics includes a fringe ber eiit which is not expressed as an hourly rate, the contractor shall e trta:r pay the benefit as stated to the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 i0612009j Previous editions are ocsoiete Page 1 of 5 ref. Hardbcok 1344 1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided that the Secretary of Labor has found. upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have beer met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under Ohfa Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or Upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Feder3ily-33313:ed cancra^[ subject to Davis -Basan prevailing wage re4uirements, which is held by the same prime contractor so much of the accrued payments or adeances as may be considered necessary to pay laborers acid mechanics, including apprentices, trainees and helpers, employed by the contractor or ar.y subcint-actor the full amount of wages required by the contrast In the event of failure to pay any laborer or mechanic, Including any apprentice trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notrca to the contractor, sponsor, applicant, or owner, take such acct on as may be necessary to cause the 3uspersion of any further payrnan;, advance. or guarantee of funds until such violations na•re ceased. HUD or its designee may. after written notice to the conl'actar, d,sburse suet amounts withheld for and on account of the contractor or subcontractor to the respective employees to whore they are due. The Comptroller General shall make such disbursements it the case of direct Davis-B3con Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalonts thereof of the types described in Section I(b)(2)(8) of the Davis-bacor Act) daily and sommun ca!ed in writing to the laborers or mechanics affected. and records which show the costs anticipated or the actual cost incurred in providing such benefits - Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the reglstrat on of apprenticeship programs and certification of tra nee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the appifeable programs, (Approved by the Office of Management and Budget under OMB Control Numbers 1215.0140 and 1215-0017.) (ii) (a) The contractor snall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or Ti designee if the agency Is a party to the contract, but if the agency is not surh a party. the contractor w•!I submit the payrolls to the applicant sponsor• or owner as the case may be, for transmission to HUD or its designee. Tie payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5la)(3)(1) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrotis shall only need to include an ind vrdually identifying number for each employee (e,g , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at s 0r Its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the f,,ft soc.af security number and current address of eavh covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for tf3n3MIS314n to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation. or audit of compliance with prevailing wage requirements. It Is not a violation of this sLjbparagraph for a prune contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Maragement and Budget under ©MB Control Number 1215-0149.) weekly number of hours worked. deductions made and (b) Each payroll submitted shah be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance,' signed by the contractor or found under 29 CFR 5 5 (a){1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in provid-ng benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act. the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a+(3)(ii), the appropriate information is being maintained enforceable. that the plan or program is financially under 29 CFR 5.5(a)t3)(i), and that such information is responsible, and that the plan or program has been correct and complete Previous editions are obsolete form HUD -4010 (061'2009) Page 2 of 5 ref. Handbook 1344,1 (2) That each labcre- or rnec^a'nic (f-irlud rg each helper apprentice. and trai*reei employed on the contract during the payroll perloh has been paid the full weekly wages earned, without rebase. either d -ectil or indirectly, a,nd tha! ra deductions have been made either d ractly or nd:recf,y from the full wages earned. other thar oermiss;ble ded:cl:ons as set forth in 29 Ci Part 3. (3) That each laborer or imecranic has been paid not less than the applicabie Nage rates and fringe benefits or cash equivalents for the classification of work pertormed. as specified in ti,,a aopI i cable wage de'erin in lien incorporated into the ccn:ra.:t_ (c) The weekly submission of a properly executed certification se: forth an the reverse side of rJotionai -orm 'P+'M-347 sna'I sat sly the regiirar~ieri for submission of the .StaCement of Ccm11-anca required by subparagraoh A.3.{ii}Ib). (d) The falsificah;n or any of the above cerci' casions may suo eci the contractor ar SLD.-Ont-aGtOr to c''r!I or crim na. prosecution Linder Sac;ion 1071 of Title '8 and Section 231 of Title 31 of the United Sta:;�s Code. (Iii) The cortract3r or subcontractor snail make tie records reyuirsd under s.rbpara3raph A_3 f:+ available for inspection. copying. or trarts.ription by aulhorized reoresentat ves of HUD or its designee or the Deoartmer.t Of Labor, aid s^al pe- irf sjcr, rep =,enLa`. vel !o int=_rview employees du- ng working hp+jrs an tre joa If the Contractor or 3ab::3n:ractor fa ;3 to s,bi,it tier rep"-- req records or to make the peas€aura hi,'[) air its designee mar. after written n•alic2 Io the contra.to-, sponsor apJlicant or owner, ta,ce such act on as may he necessary to cause the suspension of any fu•tner payment, advance, or guarantee of funds Furthermore, failure to submit the required reCOrdS upert request or to make such records available may be grounds for debarment actio -i pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices well be permitted to work at Iasi than the predetzrrrineci rate for the, worst they performed when they are employed pursuant to and individually registered m a bona fide apprenticeship program registered with the 'J S 13epartrrent of Labor, Employment and Training Administration, O'`ice of Apprent ceship Tra nine, Employer and Labor Services or with a State Apprenticeship Agency recogn,zed by the Office_ or if a person .s ernployed in his or her first 90 days of probationary employment as an apprentice in such an apprent.ceship program. who is not individually registered in the program, but who has beer certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eiigibfe for probationary employment as an apprent ce. The allowable ratio of apprentices to journeymen on the job site !n any craft classification shall not be greater than the rat o permitted to the contractor as to the entire work fore .ander the registered program_ Any k I 't d, I' at r a r nti to h is not registared or otherwise employed as slated abJve. shall be paid rot fess 11i the applicable wage rase on the wage dete-miration for the class'ficatio'h of work actual.:'/ performed. In addition, any apprentice performing work on the lot} site in excess of the. rat;, permitted under the registered prograrn sha'i be paid not less liar - the applicable ,N ae rate on t:he .wage dettlrminat,oxh for the work actua'ly performed Where a contractor s pe-fo,ining construction on a protect. in a locality other t'ran tial .n which its program is registered :he rasics and wage rates (expresses in percentages of the journeyman's hourfy ratej sp,ec;fiea in thQ contractor s or subcontracter's registered progra!r shall ne observed. Every appy -entice rn,ist be pad ai ro' less than the rate specified in the registered program far the apprentice's level of progress. expressed as a o r:e:n+age of the journeymen hourly rate specified rr the applicable wage d-aterrmina'ian, Apprentices shall be paid irirae benefits in accordarce with the provisions of the apprenticeship program. If rhe apprenticesh p program does not specify fringe benefits apprentices mus: be pa -d the'uil amount of fringe benefits listed on the wage deterrrina:io9 for the applicable class ficat;cn I` the Adm n::stra'or determ nes that a different p; n•:. .-.2 n .', s !s for the applicable apprentice classification, frirge snail be paid in accordan.e with that de term,nat.on. In the eve -ht the Office of Apprenticesh p Training. Empioy4r and Late' Services or a State Aporerticihip Afgenc.r rec..grized oy the O"ice. with•.raws approval of a-)apore-tticesnip program, t,a ti, 'a.lar w II no longer be permittee to utilize at less than the apoiicabie prvdeterm:ned rate for t:r= wor> performed until ars acble ceptaprogram is approved (ii) Trainees. Excep; as provided in 29 CFR 5.18, trainees will not be permitted to wore at less than ine predete•mined rale for the work performed unless they are emloyed ppursuant 'JO ane individually registered in a program which has rec-2ived prior approval. evidenced by formal certification by the U S. Department of Labor, Employn"ant and Training Administration- The ratio of Ira nees to journeymen on the job site shall not be greater than permitted under the plan, approved by Lire Employment and Training Adrnin:stration, Every t-a.nee must be paid at not less than tt•e rate specified in !-e approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly -ale specified :n the apu',cable wage determination, Trainees shall be pa',d fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits. trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that 11e,e is an apprenticesh o program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on t:^e payroll at a trainee rate who is ,not registered and pamcipating in a training plan approi,ed by wor ar i� e on a par o a pp p ce peas_ ra w a Previous editions are oosolene form HUD -4010 '08r20M Page 3 of 5 ref Hardboo,( 1344 1 the Employ -neat and Tri ring Adrr€nivra! on shall be pa;.d not less than the app''icable wage rate on the wage determination for the work ac;uaffl performed. In addition, any trainee pe -form nq work on the job site in excess of the ra' o pe-mitled urde' the registered program shall be paid not less than the applicable wage rate on the wage det?rm ration for the work ac;ug ly ps•f.rmej. In the eveni the Employment and Training Ad•nir stralion withdra,vs aporn,�al of a trainirg program, the contractor will no longer be perr, lied to utilize trainees at less than the appticable predeterm r.ed rate for the xofk performed until an acre?table program is approved. (iii} Equal employment opportunity. Tete utilization of aperentices ria ne."s 3n� lo-urnerm-gin u,ider 29 CFR Part 5 shall ba i -i `^rin,ty wi[H th.e eguaempioy^nent opcortun€ty re:,: aMerts cf Fxecutive Order 11246, as amended, and Y 3 ; tR fart 33. 5. Compliance with Copeland Act requirements. The coniractcr sha�I comply with tno rega!rements or 29 Cl Part 3 which are incorporated by reference in this cor!racl 6, Subcontracts, The or subcontractor will ,_„ert in an. I srjbcGr,tr3cts the clauses contained in s.baaragraP-3 t Etre^.ugh 11 in Ihis paragraph A and sich other clause, as HUD or its des gree may by acpropriat? instruction; rilvre, and a cc. -y of the ao-alicabie preen iii; wa e s cn and also a clause req,a.,!ng the tJ ^ncluda t`'eSe Cia,1ses In a"y lowgr t er saCcJ^. acts. Tr n-: ne ^--;ra shat; be responsible for the compliance by a-; s.,b .a_tor o' lower her SvbCCn -a'-":)F Wier' 311 me cortra ! cib.rses in this paragraph_ 7. Contract termination; debarment. A brea,;h of the contra,t clauses in 29 CFR 5 5 may be grounds for termination or the contract and for da'carment as a ccntra',tcr and a subcoritra_tor as provided in 29 CFR 5. 1 2. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and intarpretar,ors or t^e Darts -Bacon.: and Related Acts conrained in 29 CFP, Parts 1. 3. a,;J 5 are harem incorporated by reference i' this contract 9. Disputes concerning labor standards. DisouIes arising out o= 1. e laoor standards provisions of this contract scall not t> subject to the general disputes clause of t'nis cun'ra•:t. Such lisp Ae} shall be resolved in accordance with the procedures of the Department of Labor set forth in.. 29 CFR Parts 5 6. and 7. Disputes within the meari,ng of this clause rnclude disputes between the ccintracior (or any of its subcontractors) and HUD or its desigree, the U.S. Departmert of (3hor. or the employees or their reurasoniatives. 10. (i) Certification of Eligibility. By eiterinrg into Chis contract the contractor certifies that neither it mor he or she) no, any person or firm who has an interest in the cant-3etcr's firm is a person or firm ineligible to be awarded Government contracts by virlue of Section 3;3; of the Days -Bacon Act or 29 CFR 5.121a}tl} or to be awarded 1,11D „on!r,,:,• , o' parr•c€pata in HUS programs pursuant to 24 CFR Fa [ 24, (€€) No par of this c.. ~aa snail oe suocontracted to any person or f -m ira .; e for a.vard o` a Government contract oy , rlue '-.. -r 3 a) a' the Cavi -Baton A.t or 29 CFis 5.12fu; 3r .s ae awarded HJD contra,-�ts or part ci,cat in HJ 3 pF, gra"ns pur,,,an, to 24 CFR Par; 21. (€i€) The penalty for making fa se sta'ernerts is presr,ribad in the U.S. Cr€rmnal Code 13 U 5 C 1C?1 Add�lion allrr. U.S. Criminal Code. Section 1 01 0 Title 18. €J, S.C.. -f=ederal Housing Adm€r€strat on transact ors'. provr des in part. "Whoever. for the purpose of . . . influencing in any way the achon of such Ad-nrn strat on rrakes utters or publishas any staiement kn3•ving lne same tc De false..... shall be fined rot more tl-an $5.000 or irnprsoned not mora than i'N3 years or boti) 11, Complaints, Proceedings, or Testimony by Employees. No laborer or rrez,ia^ic to ul•om the wage, salary or other labor stan;3-�s prowssons of this Contract are applicable shall be ^arge•d or in any other manner discriminated against by the Contractor nr any subcontractor because sun^ erp€ayae has f any complaint or irst -luteb or ca -�>e" to be €n5 a -y proceeding or has testified or is about to tP r a -y proceeding under it ra'-a,€ng to the labor sterile 7s aoplicable under this Contra,' to h€s =m-!orer S. Contract Work Hours and Safety Standards Act. The provis cns of this parag•.aph B are ac•pii-axle *here tre ar-curt of the prime contract exceeds $100,001CO, As used €n this paragraph, the terms",laborers' and-rna&anics'inciude watchmen and guards. {1) Overtime requirements. Ho cor,tr3ctor or subcontractor cJnlrac:ing for ary part of the contract work which may require or involve the employment of laborers or machan=cs shall ,require or permit any such iaberer or mechanic in any workweek in which the €rdividual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receves compersat on at 3 rate not less than one and ore -half times the basic rate of pay for all hours hcrkodt in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the even. of any violation of the clause set forth in subparagraph i 1) of this paragrap'i, the contra lar and any subcontractor responsible therefor shall be liable for the url wages- In addition, Such contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the Distnzt of Columbia or a tern -tory to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each irdiv!duai labore- or mechanic, including watchmen and guards employed in vIolat on of the clause set farm in subparagraph ( 1 ) of this paragraph. to the sum of V-9 'or each caierdar day on which such individual Nas required or perritted to work it excess of the standard rrorkiveEK of 40 hours without payment of the overtime wages regL!red by the Clause ser fo"n in sub paragraph t11 of tnis paragraph. Previous editions are apsoe!e form HUD4010 06,Kt391 Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon, its own action or upon written reauest of an autnorize.J, represenlanve of 'he Department of Laoor wrt^hufd or cans= to be withheld. frorr. any moneys payable on accc�,^! of work performed by the contra. -'or or Subcontractor under any Such contract or any airier Federal contra --t Nath the sante. prime contract. or any other Federal ly-a>s sted contract sublect to the Contract Wori Hours and Safety Starda�rds Act which is held by the same prime contractor such sums as may be dctorm ned to be nevessary to satisfy any liabilities of such contractor or subcontractur for unpain gages and liquidated Barrages as provided in we clause set forth in sut)paragraph ;2, of tFis para�rapn. (4) Subcontracts. The contractor cr s, o:cortr3otor shal6 insert in any subcontracts the crause:s se_ forth in subparagraon (ti Inroug*i tar o` this parag°aph aid also a clause requ•fing the suos,_ 'yet ss to include iheso clauses in any lower t s_,ncontra:ts. The prime- contractor rimecontractor s;na!I be res�ans.c �- for corro?rance by any subcontractor or lower ter suc -cntractor with the clauses set fo•th in subparagraphs r1; throucr 14i of this paragraph C. Health and Safety. T -)e crov!siors of this naracraph C are appiicabie wl-ere the amount ort"a prime cortr3cl exceeds 3' 30,OG0. (1) No laborer or mschanic mall be re•aui,ed to work rn surroundings or unCer w.r'-Wig co,dit ons whim are unsanitary, hazardous. or da^ge.fou, to his health and safety as datermlrad under construction safety and health standards prorrulgata�: by the 5e rotary of Labor by regular on. (2) The Contractor spall comply w;th all regulations issued by the 5acre}ary o° Laaa, p,,rsuart to Title 29 Part 1925 and failure to comply may result in i(r•position of sanctions pursuant to the Ccntract 1,9ork Hours and safety St.anda-ds Act tPubli:; Law 91-54, 83 Stat 96). 40 USC 373, at seq (3! The ccntra:tor sha!l include tie orovisions of this parag,aah in every subcontract so that such provisions will be b rd ng on each subcontractor. The contractor shall take such art.on watt respect to any subcontractor as the Secretary of Housing and Urban Cevetoament or the Secretary of Labor sha!I dire -c! as a means of enforcing such provisions. Previous editions are opso+ete form HU0 4010 06,2009; Page 5 of 5 ref. Handbook 1344 1 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the: SW 277H STREET ROADWAY IMPROVEMENTS - 6-50204 - ITB No.: 15-16-036 tName.7f xolect) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the ---requirements contained in Mage General Decision Number - FL160221 05/2012016 FL221 - that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD -4010 and those requirements contained in Wage General Decision dumber - FL160221 05/20/2016 FL22T - for this project. Name: / �� ; � l_ � _0 (C - Employer ID # rr.; ;F L 4' i / t Authorized Signature: Print Name: / f`E-�- l _ '✓ �_..,, Title:"'`- i Date; 1 Full Address (including Zip Code) �/d' e7_'0' Li'. Telephone Dumber: Check -one, as applicable: V/ Contractor Subcontractor Other PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS A. "DAVIS-BACON" ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis -Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract, subcontract, and any lower -tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal 'Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in Form HUD -4010 and those requirements contained in Wage General Decision Number: rL150221 0512e«016 FL221, for this project,° B. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide fcr such sanctions and penalties as may be appropriate. Provisions for termination are as follows: 1. Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor/Agency upon no less than ten (10) working days' notice when the Principal Contractor/Agency determines that it would be in the best interest of the Principal Contractor/Agency and the City of Miami. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Breach The Principal Contractor/Agency may terminate this contract, in whole or in part, when the Principal Contractor/Agency determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Agency in writing, the Principal Contractor/Agency may, by written notice to the Contractor, terminate this contract upon no less than Nventy-four (24) hours' notice. Said notice shall be delivered by certified ma1 return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not by construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's/Agency's right to legal or equitable remedies. 3. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. C. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records ar;d documents must be maintained during the operation of this project and for a period of fide (5) years per CFR following close out in compliance with 24 CFR 85.42. The City of Miami, the U.S. Department of Housing and Urban Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing entities which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements In excess of $100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 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 an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loar, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or mod ficanon of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have beery paid or will be paid to any person for influencing cr attempting to influence an officer or employee of any agency, a Member of Congress. an off'cer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, tear, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose a,xordirg€y. This certification is a material representation of fact upon which reliance was placed when this transaction wa�made or entered into. Submission of this certification is a prerequisite for making or erterinrg into this transaction imposed by section 1352, tit'e 31, U.S. Code. Any person who fails to file the required ceriilcation shall be subject to a c`vil pena,ty of not less than $10.000 and not more than $100,000 f6r each su,Gkrfailure. By: Print: ��'' / !� J\ �� ct/L �✓ Title:} Date: Business Address: % �` 57 5~ 15 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents; The undersigned has �, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has ✓ has not _ filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) B. AFFIRMATIVE ACTION The bidder represents that (a) it has ---developed and has on file, has not developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 6+0-2), or (b) it has not _ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. COPELAND ANTI -KICKBACK By submission of a bid, the bidder certifies that it has read and compiles with the General Provision entitled "Anti -Kickback Procedures" as stated in 24 CFR part 35.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "anti -Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repairof public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. D. BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C, 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. E, FULL DISCLOSURE BY THE CONTRACTORlB1DDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR the City of Miami AT TIME OF AWARD. - - This certification applies to a contract or subcontract in excess of $25,000 By subrnis 'of an offer, the bidder ce ies that it has provided full disclosure in writing to 7Y-7 0 � � ; t �t -L- (name of impleme ting agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or the City of Miami. By commencing performance of the Contr 4 work, the selected contractor ertifies that it has made full disclosure in writing to / Gig---eo -E' �✓" ( name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government. State of Florida, or the Cite of Miami. F. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109„ Housing and Community Deveiopment Act of 1974. G. AGE DISCR11MI;NATION ACT OF 1075, AS AMENDED Non-discrimination on the Basis of Age No quafified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. H, SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. r By: Print:�/� Title: r-- Date: Business Address: STATE OF COUNTY OF—l-It r til The foregoing instrument was acknowledged before me this i day of 20-±, by who is personally known to m4 or has produced `i as identification and who didldid not take an oath. My Commission Expires: Irv')`A� 5LWIA 1. Wk"CES NOTARY r't lauc STATE of FLCR aA camaw FF' G&W Evkw 8Ji+aM19 Type, Print or Stamp Name .A - �l atu e of Notary State of Florida Date CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INMVIRUALS) As required by the Drug -Free Workplace Act of 1588, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.616 and 67.629- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession. or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs,- and rograms;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace,- (c) orkplace;(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement, and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing. within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; M BY: Print: f" G � Title: Date: % r Business Address: STATE OF dd� COUNTY 0Fl::J, t.�-1 The foregoing instrument was acknoWedged before me this. day of ro_g.h'� � r ; 20, by who is persnaliy known to me or has 1 produced as identification and who did/did not tape an oath. Poly Commission Expires; �` `� t�' ` '_ZI NOTARY PUBLIC: ANA 1. VALDES NOTARY PUBLIC *4tar STATE OF FLOE JOA ------- Type, Prin'Momr tTamp Mme Signature of Notary Date "----State--ef- Frorid a 20 SECTION 3 REQUIREMENTS ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: (a) Sat forth the approximated number and dollar value of all contracts proposed to be @ arded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. (d'> Analyze the information set forth to paragraph (a) and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated Collar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. (c) Outline the anticipated program to be used to achieve the goals for each business and,'cr professional category identified. This program should include but not be limited to the following actions: (1) Insertion in the bA documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and (2) Identification within the bid documents. if any, of the applicable Section 3 project area. (3) Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a—are_l urinary statement of work force needs (skilled, semi -skilled, unskilled labor and trainees by category) where known, where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV, UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Se:t;on 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income protect area residents. SECTION 3 CLAUSE 24 CFR Part 135 - at 135.38. This clause must be included in all Section 3 covered contracts. The contractor and subcontractors (where applicable) will be bound by its provisions. a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1958, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by HUD assistance of HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organizat;on or worker's representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 GFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR park 135. f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 21) DISABILITY NON-DISCRIMINATION CERTIFICATION Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certJifes that it is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the latus listed above including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities. renovations, and new construction in the following laws: The Americans with Disabilities Act of 1999 (ADA), Pub. L, 101-336, 194, Stat. 327, 42 U.S.G. 12191-12213 and 47, U.S.C. Sections 325 and 611 including Title I, Employment; Title li, Public Services; Title Ill, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications. and Title V. Miscellaneous Provisions; The rehabilitation Act of 1973, 29 U.S.C. Section 794, The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended 42 U.S.G. Section 3601-3631. The foregona regpirlments shall not pertain to contracts with the United States or any department or agency thereof. th,4 State bf any,poiitical subdivision or agency thereof or any municipality of this State. i d, Al r+ C) C�— tom, rz (Bidder Stggnatu e'l (Print Bidder Name) STATE OF ► �tlf. tx_� t - COUNTY OF.[ The foregoing in,trument was acknowledged before me this by produced take an oath. My Commission Expires: Niro RY PL16-r.VALCES NOTARY Pt eUC STATE OF FLOMA FF9t1K369 Type, Print or Stamp Name Signature of Noiary State of Flor's i� day of .' PI ', I', t who is personally known to mg or has as identification and who did/did not " ' i J Date 24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlernent, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental 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 applicaticr had one or more public transactions (Federal, State, or local) terminated for cease or default; and r i 2. Where the applicant is unable to certify to any of the statemer)ts in,this certification, he or she shale attach an explanation to this application, i I STATE OF''-'' ; I COUNTY OF 1 i_�'�I 4J The foregoing instrument was acknowledged before me this 20 produced take an oath. My Commission Expires: No UL VALDE3 MY tit. STATE OF FLORDA Canrrll FF9Q63d1 e110=14 Type. Print or Stamp Name igrMlu'r�e of Notary --•-S#�I�FEorida day of who is personally known to me or has as identification and who did/did not �_ i� _201 Date SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SIAiORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by rim a d i–O For Print idMdual's name and title) Z�, C, (P•int narxeloi=shtity suam tting sworn statement) whose business address s— and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 understand that a "public entity crime" as defined in paragraph 287.133(l)(g), Florida Statues. means a violation of any state or federal lain, by a person Kith respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including. but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, briber/, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted' or "conviction" as defined in Paragraph 237.133(1) (b), Florida Statures, means a find°ng of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an 'Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime, or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one ,person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a ''person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives. partners. shareholders. employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity s'ubmitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners, shareholders. employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been changed with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING ll`�TO A'C.ONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOP, A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM, (Signafure'r- % STATE OF COUNTY OF f ' . 0't-1 Q The foreg61ng1ins urnent was acknowledged before me this 20 V'�, by produced take an oath. My Commission Expires:�F) day of who is personally known to me or has as identification and who did/did not tARYPT4A1LV&0ES zl-� NOTARY PUBUC s-rAT€ of FLORIDA Cavy* FF508381� E 4/10/2019 v Type, Print or Stamp Name Signature of,Notary State- of Fibrida l-1�'�L,Jf7 Date City of Miami - Department of Community and Economic Development Conflict of Interest Disclosure Form Conflict of Interest Regulations: U z", --CA 0 i"K: V I norest prow - ar-2 set 24 (--FP 57,-) 611 n404 qvW V Ir, slava A ri" �r ' - pot sons ':re's . , ed t paggn; - pi of !- q wnq- V, e wase or 1: 7 A -y JrwO 03 -- rQ10q:170 CITE 1 OV --- -!- ' t.rk" '' -.; :r xU jQ r j VC, ti, TjjVp,rj ", 1 : drjo&33 wgw- r Go w1h rgy a" :w 3. aw ten r.t 1 -a 03 �W nt-07- LV: ;r3m a 3.-!,; :_ cr.-? 3 .,- j.' 't7 ary wWacn � yw-_ -, i- -, r.�spect to a CDSG-a,33+s- activity, or w9h respe at tc we pr3ceeW NO j CD53o;5 W- ! jyi v'—fir tly-4,n ar Pose 7;W Wom Key have bushes s or 0 Yes 24 WR 570 C �wbes Me iclaws c,,. -2:-)d Ly the aboie rule, a3 beirg applicable to "Persorls cove."ird V 3 aw- 01 VN; S 3 spo cn appq Q anjp4war Wng is 0"' 3frP;'_)je-3. �v 1 w7. 41 of Wa r9opwr or any dasjoNnd pubhc Tre purp®rs:D r_' 7�is d zciwrrv',+ A M ?T, A 0 7e djnr7 n' P7 o she, ,10er 34; aP7 Prr jr:. A -q az j jimne, 70,� "Cap! v- ci 7 w v rQA so v :-n *W �Fnm w zte- -pas :-n n-vww ns r - 'i.'! A tool AAGnarlcirri on —0 1 10.ylled f 7w 7wripetad a- "ma -ed to &A 07 -n:* C :mphane C 7 P, A. Family Ralat'onships: Does a , P. an Owl rrwrbor c- abovr_: , r a.] arcy have a farrily.-arnber d rel , 7 r a 7- invoibed or ery _ wo the Q 7 3ment cf LN. - 'i _i� DevaiopM.�rt a- 7 7 v c s 3 9 3 D 2 A a' 11 a - a s' r ' h -3 a - p ea i- -i a c.- under tiP, 0 c rr! i c t o ✓ 0 Yes El V �ES p4asy sonpem NaAcf Teakuhman, B. Program Relationships: Nes 3 , -vA a Deparner- �:- 3nd EcorornDevelopment aid;ar City of %Irni BoardiConnmittoci tha' rriy cra-i a c -.)n- _-,' of in ter -'s-. �r the appearance of a cunfl'ct under ti'e Conf"ict of Interest Reg ulaJon? 0 Yes El NU (J YES, please complete Part A of the attachment) Dces a, employee of the Depa-:rrent of Ccn)rr-Lniy and Ecorom:c De-ve'oprne,)t and, or City of V, ami serge it the agony s Board of D rectors whO m3y create aconflict of intera3t or the appearance ol a conflict unfer the Corflv a` Interest PegLla!ion? 0 Yes 0 �"c ( ' y 23 p'ea3e comptete Par! A of tte ata.:-.hmert,, Dces a^-/ e offi:ial of the City of N/Iiaini serve ir 11,,e 3ganOYA 303d of VWXY WASh AWY create 3 ccrflict of irtee-2s, or the ajoe3rance of a conflict uncler the Conflict of Interest Regulation) B d YCs Q No ,:= YES. please Cor-pict-3 pa," 4 rf t;r} a ta•,"mP_rf; me. boar -i r^em er ard,3, -erson(g.5 d2SCr°�Gi} 7.",'1 '!a1 In J'r'l P �ywnGf InvC -/ed .i' )- A rr indirectly, with the De a, ;neat of CorrmknAy ani: _ dromic Develop-ent an-:'. or Cit,; FJ'f '•,ll i '- ma.r create a conflict of in;arast or the appearance c€ a ccrflict unc;er the Conf:i+:t of I terest Q; Y C No t f YES please complete Par'. A of t` c at`achr -nnt; C. Business Relationships: is any empl.: ; boa, t r ler ;r or person in ylv agency or a family r^em. ber (spouse, child. stepchi'(,. _ ed as a;' Ir'�'3tJf, civrer, empirjj .,_nsultant, cortractor. cr r- _il,urishIp with t',P of Ccr" minir; and -[;rnor a3 0-:. Wil°= ie t ]r' ' -I: to rr gceds cr sArt"4•'g, 5 +,° .aveicp Ment aCt'r'i:9S ar",:!,'r)r re'.? 2fv-rgls `r"m ti- D _ If C. :i' Fl arc,^.:'.f ; v CI'I NI,arr. ? yea _ _ �_, .. -':'r_,-.. .. - _'� _: . _-� -�T "". I ha'FB Cr.,"..ns� :r dlI tr•r";r: ; Y I1.S.jr','J.J?t._ .�' 9:'ya'v-'�i.. Jai'..r .;.d�.:4.i.t;,.,ic:�.•t': '�f�'i �_':�?�. f- 'i r^-,,ri ,rzm-! D "?.'_, e"% .., ;? cPi( _.,'�',?; •� J'' ..; ':. 44i'?Ti 'r' lIS? �rrot r5:.! Mario Gonzalez 01!17/2017 Printed Da'a •I F r ✓ ,� { +i', - 01/17/2017 Signa`ure Date City of PAiami - Department of Community and Economic Development Conflict of interest Disclosure Form Attachment -S ,.= L �. F:.Wng Source Comma A. -mint: Open Namber. if You anskarad YES to _iq:F ,ef3 r• :_ the novicis page. please =rnpi-�:v the re!e,lant sect;on(s) teicoo If r e : 41 .. A.L We q _esvrsp_ _ ma/ discard this attar:hn,e-t. Pr.)=n.#,e this completed fora~ to your A. Family Relationships: �r_l�"' _ .�e' f :'"'I�j f`iO.iT�d�t"='�;ir WWI or AdOccy invo!'ied or eT—,,pioye'd# by the Depad.rnent cT Qw—r ! rr l . D,�. el Armen: andr'or City of kliarr+i Z Does any W file f3`r-4y rl,, raters 'work in the progran'I ar; ii? low 1 is any of Vie `a::nqy mer!,.a.s an elected offba! or the cit; of Viar i? ',c 4 P•,eWnship , Depaomenr ''' Pcs.t cn. A, ;7 oe jo „ I B. Program Pe!3,.,ons'lips: V (IreNara a4 mAxte. Me al'. m ly and ir nr ` gr ?#m i' at you xi d noty or Ir!f?ir�?'L,t y 140--2 2. l ava ycu used (ne agan es r"•ame resin ras ,faclines personnel, ]r a ,ii.p ,ent, cr cCrif d-z-rti3i infor ma -,i n r eorr:eaor ARA we a ;t:vitj ardi-cr prc,rim des„rihed in m1 atcva? ED Yes 10 tai:# (If YES, des;ribe the rasource Lse 't ^:f ern 9.__ .t r -a :ems c n j ? z # 'er appointed to, e a �. ca.;Y'?? ., t ,: .s ]{- r).3`_ fill r r �'t', 'j^ �j $yriiJttr 30#]'fe� Jc ilf;: cr��;... Int_ 5... 1� In a 0e:pa:'r-.,3n! of r^om ; unit, and Eronoric DeWopu ent and,'cr City of Uam, Con-mWes cr Scafd W 4. Name of Board: 0A 5_ !'Jame of the Department in Community Development and;or City of Miami Committee employee or City o5dal Ma sees on YOUr agency's 003rd 0f Directors. Name: `,4re Department: ria C. Business Relationships: Position: %A Supervisor4 ;i) ri -ase -cniplwz`-3 'fis syct.v�n f?" EA --H buzin-ss r-313-ensh-P. or a-ach a se:,,ar3t� aAp:anaIi,-)r-, of and rsearch activi ies. ca-.m-;�rz� -h-� bL.S;ne�:!, viith tne De.p-4rI.T-,1nt ofCorrm,-,rity ans� E,Cr'Ornm�3 D��i-eloprrert and,'o,r Cit., .rA411. -;s, or licei-srg actim/Ity. Ic ChP-C'4 all t'')at 3- ^Pkj 7ti , +:--i- `f' R- - , 1- -, , , ^t - che ;,, k 0. 11 that R p PI 'Verte- Vanager C 0t ner 4. A. -a y-11- (a Yes E: 'S, c4, a 5 -- r te N Title: Depari—?r,t %, phore. S itjr"' a u,l p Date al