Res No 116-13-13934RESOLUTION NO..
kr,
116 -13 -13934
A Resolution authorizing the City Manager to enter into a contract with R.P. Utility and
Excavation Corp. for a contract price not to exceed $19,850.00 for the Sylva Martin
Drainage Project, to be charged to Capital Improvement Program Fund account number
301 - 1790 -519 -64500
WHEREAS, the Mayor and City Commission wishes to provide installation of a drainage system outside of
the Sylva Martin building, and
WHEREAS, pursuant to a competitive selection process, it was determined that R.P. Utility and Excavation
Corp. submitted a proposal in the amount of $19,850.00 that was the most comprehensive and cost effective in its
construction approach; and
WHEREAS, the work shall consist of the installation of a drainage system to address the flooding problem
along the rear of the Sylva Martin building; and
WHEREAS, the total expenditure is not to exceed $19,850.00; and
WHEREAS, the Mayor and
City Commission desire to authorize
the City Manager
to
enter into
a contract
with Coreland Construction Corp. for
Sylva Martin Drainage Project for an
total amount not
to
exceed $19,850.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1:
The City
Manager is authorized to
enter into
a contract with R.P. Utility and Excavation Corp.
for the Sylva Martin
Drainage
Project for an amount not
to exceed
$19,850.00.
Section 2: The expenditure shall be charged to the Capital Improvement Program Fund account
number 301 - 1790 - 519 -6450 which has a balance of $42,572.99 before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4th
ATTEST:
day of June , 2013.
APPROVED:
READ AND APP MDTION M COMMISSION VOTE: 5 -0
LANGUAGE G I Mayor Stoddard Yea
T Vice Mayor Liebman Yea
Commissioner Newman Yea
Commissioner Harris Yea
ITY O NEY Commissioner Welsh Yea
&:
City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, FL 33155
Tel. (305) 403 -2063 Fax (305) 668 -7208
d.
South Miami
TO; Steven Alexander, City Manager
FROM: Jorge L. Vera, Capital Improvement Project Manager
DATE June 4, 2013
Resolution. A Resolution authorizing the City Manager to enter into a contract with R.P.
Utility and Excavation Corp. for a contract price not to exceed $19,850.00 for
the Sylva Martin Drainage Project, to be charged to Capital Improvement
Program Fund account number 301 - 1790 -519 -6450.
Background: The City has undergone interior remodeling of the Sylva Martin building, which
will be used to house several of the City's departments. As part of the
renovation, the area outside the former Central Services office also requires
some up grading. The area outside is prone to flooding due to insufficient
drainage. In order to address the flooding issue, a drainage system needs to
be installed. This will prevent infiltration into the building.
The City received 7 proposals from qualified contractors to perform the
drainage work. Upon evaluating all the proposals and the current status of
vendors, it was determined that R.P. Utility and Excavation Corp was the
most responsive and responsible bidder. Additionally, the City contacted
prior work references to assure that R.P. Utility and Excavation Corp had
completed their prior projects on time within budget and without any
incidents.
Expense. Contract amount not to exceed $19,850.00.
Account: The expenditure is charged to the Capital Improvement Program
Fund account number 301- 1790 - 519 -6450 which has a balance of
$42,572.99 before this request was made.
Attachments: Proposed Resolution
Bid Form
Bid Opening report
Sunbiz Corporate Information for each vendor.
vasaw
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COMPANIES THAT SUBMITTED PROPOSALS ' AMOUNT,
THE ABOVE BIBS HAVE NOT BEEN CHECKED,
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE HEt COMPLETELY REVIEWED,
City Cleric:, �
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print 'Naarao i . ►turr �
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Print Name ti's►►: ►ture�
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The following is a Lump Sum Bid Proposal is presented to the City. The Bid Amounts includes all
items described in the Bid Documents (Detailed Specifications). Upon receiving a Notice of
Award contractor shall submit a detail schedule of Values. Payment shall be made on the basis
of Work actually performed and completed.
The Base Bid Amount includes all. material and labor for the construction of the project entitled'
SYLVA MARTIN DRAINAGE PROJECT:
LUMP SUM BASE BID AMOUNT
LUMP SUM BASE BID AMOUNT (IN WORDS)
f
Taxpayer Identification Number,
_
..... ...., -. (Company Name)
(Signature Authorized Representative)
(Printed Name and Title)
(Company Address)
(Company Phone Number)
[END OF SECTION]
Page 22 of 91
Detail by Entity Name
Page 1 of 3
dW 134th Place'
11; FL 33165
ge , 02116/2013
BOX 941286
,MI, FL 33194
inged; 04108/2013
SERE, RAIDEL
1110 SW 110TH AVENUE
WAMI, FL 33165
Nddress Changed: 02/16/2013
Dffieer /Director Detail
Dame & Address
F1tte P
" REZ, RAIDEL
H 10 SW 110TH AVENUE
MIAMI, FL 33165
http:// search. sunbiz. org/ InquirylCorporationSearc.h/ SearchResultDetaillEntityName ldomp "... 5/20/2013
SECTION 3
CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS CONTRACT is dated as of the day of in the year 2013 (which
shall be the Effective Date of the Contract) by and between the CITY OF SOUTH MIAMI
/� 10r3 41"
(hereinafter called "OWNER" or "CITY ") and �P. �1i!<° P�C�✓ (hereinafter called
"CONTRACTOR ").
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
SYLVA MARTIN DRAINAGE PROJECT.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
CITY OF SOUTH MIAMI
SYLVA MARTIN DRAINAGE PROJECT
Article 2.
CONSULTANT. The
Project's
construction, design and inspection services will be
provided
Owner's representative
or by the
following :
Who is hereinafter called "CONSULTANT" and who will assume all duties and responsibilities and
will have the rights and authority assigned to CONSULTANT in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1 If awarded the Base Bid Work, he contractor may not mobilize prior to �`� The Work will be
substantially completed by 2�Vand within 90 calendar days after the date when the Contract
Time commences to run as prWded in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraph 14.07 of the General Conditions within
120 calendar days after the date when the Contract Time commences to run, after such time
liquidated damages begin.
3.2 If awarded the Base Bid, the contractor may not mobilize lP 7;; the Base Bid Work prior to ` .
The Base Bid Work will be substantially completed by '� and the Base Bid Work ill be
substantially completed within calendar days after the date when the Contract Time
commences upon receiving Notice to Proceed as provided in the General Conditions, and
completed and ready for final payment in accordance with the General Conditions within
X calendar days after the date when the Contract Time commences to run.
Page 12 of 91
1.
33 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this
Contract and that OWNER will suffer financial loss and other damages if the Work is not
substantially or finally complete within the time specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions. They also
recognize the expense and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by OWNER if the Work is not substantially or finally complete on time.
CONTRACTOR acknowledges and agrees that the actual delay damages which OWNER will suffer
in the event of delay in achieving Substantial Completion or Final Completion of the Work are
difficult, if not impossible, to determine and that the liquidated damages described herein are a
fair and reasonable estimate of the delay damages which the OWNER is expected to suffer in the
event of such delay. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree, that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay
OWNER Five Hundred and and 00/100 dollars ($500.00) for each day that expires after the time
specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete.
Liquidated damages shall be deducted from the CONTRACTOR's Applications for Payment.
However, if at the time of the CONTRACTOR's Final Application for Payment, CONTRACTOR is
owed insufficient amounts to fully cover the deduction for liquidated damages, then
CONTRACTOR shall nnv nnv amnnnt Him within 1(1 d2XIC of Writtan rlamnnA by (1WKWO
P d_.. _..., '..'�..... .�..,... ... y._........ ..."Y. v. e.. ...........w.....w....ar....r.. v r._.. V.....
Article 4. CONTRACT PRICE,
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents and the Schedule of Values provided for payment request purposes in current funds
as follows:
OZ
Contract Price
Contract Price (in words) `1l n e,07 -�f" U $,¢�'J /�/�Y �f 1/41 01
492 Included in the Agreement Sum is an
for unforeseen conditions, potenti;
additional work or materials that the
City Manager in accordance with the
account at the prior approval of the
the City Manager.
Article S. PAYMENT PROCEDURES.
allowance account of 6 for the Base Bid Form
)I construction changes and quantity adjustments, and
City may deem necessary if ordered and authorized by the
Contract Documents. Money may only be taken from this
CONSULTANT and pursuant to any procedures outlined by
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by CONSULTANT as provided in the
General Conditions,
5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price
on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on
or before the 28th day of each month during construction as provided below. The Application for
Payment shall be in AIA format or other City approved format. All progress payments will be on
Page 13 of 91
the basis of the
progress of the Work measured
by the Schedule
of Values provided within 10
days of Notice of
Award as required under Article
14 of the General
Conditions.
50181 Prior to Substantial Completion, progress payments will be in an amount equal to: 90%
of the Work completed and 90% of materials and equipment not incorporated in the
Work but delivered and suitably stored, less in each case the aggregate of payments
previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total
payments to CONTRACTOR to 95% of the Contract Price, less such amounts as
CONSULTANT shall determine in accordance Article 14 of the General Conditions.
592. FINAL PAYMENT. Upon Final Completion and acceptance of the Work in accordance with
paragraph 14.07.6.1 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by CONSULTANT as provided in Article 14 of the General Conditions.
Article 6. INTEREST. Not Applicable
Article 7. CONTRACTOR'S REPRESENTATIONS.
791. In order to induce OWNER to enter into the Contract, CONTRACTOR makes the following
representations:
CONTRACTOR has thoroughly and to its full satisfaction familiarized himself with the nature and
extent of the Contract Documents, Work, locality, and with all local conditions and federal, state
and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work. CONTRACTOR has: (a) examined the Contract Documents, Project
Specifications and Drawings thoroughly to its full satisfaction and has undertaken the
responsibility to determine, within the scope of CONTRACTOR's competence as a licensed
General Contractor, that the Project Specifications and Drawings are fit and proper for the
performance of the Work and to the best of CONTRACTOR's knowledge are: (i) free from material
errors, omissions, and /or inconsistencies; and (ii) are in compliance with applicable laws,
statutes, building codes, ordinances, rules and regulations, recognizing however, that
CONTRACTOR is not responsible for the design of the Project; (b) visited the site to familiarize
himself with local conditions that may in any manner affect cost, progress or performance of the
Work; (c) examined the Project Site to its full satisfaction, including any existing work or
improvements in place, and has determined that the same are fit and proper to receive the Work
in their present condition and CONTRACTOR waives all claims that same are not in accordance
with all data and information with respect to the Project as specified in the Drawings and Project
Specifications and /or as provided by OWNER and CONSULTANT; (d) familiarized himself with
federal, state and local laws, ordinances, rules, policies, and regulations that may in any manner
affect cost, progress or performance of the Work; (e) studied and carefully correlated
CONTRACTOR's observations with the Contract Documents; and (f) at CONTRACTOR's own
expense, made or obtained any additional examinations, investigations, explorations, tests and
studies, and obtained any additional information and data which pertain to the physical
conditions (surface, sub - surface and underground facilities) at or contiguous to the Project or
otherwise which may affect cost, progress, performance or furnishing of the Work and which
CONTRACTOR deems necessary to determine its Contract Price for performing and furnishing the
Page 14 of 91
Work in accordance with the time, price and other terms and conditions of the Contract
Documents.
7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent
physical conditions at the site or otherwise affecting cost, progress or performance of the Work
which were relied upon by CONSULTANT in the preparation of the Drawings and Specifications.
7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies
of such reports and related data in addition to those referred to in paragraph 7.2 as he deems
necessary for the performance of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents; and no additional
examinations, investigations, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
7.4. CONTRACTOR has correlated and considered the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents
and in reaching the Contract Price and Contract Time.
7.5. CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies that
he has discovered in the Contract Documents and the written resolution thereof by CONSULTANT
is acceptable to CONTRACTOR. CONTRACTOR shall not rely on any conflicts, errors or
discrepancies that CONTRACTOR knew or should have known exist in the Contract Documents as
a basis for a claim for an extra to the Contract Price or Contract Time.
I _ Tw
Article 8. LVIV 1 KALT UVLUIVIUM T J.
The Contract Documents that comprise the entire Contract between OWNER and CONTRACTOR
are attached to this Contract, made a part hereof and consist of the items listed in the general
conditions and the following:
891. This Contract
8.2. Request for Proposal
8.3. Bid Form
8.4. Standard General Conditions
8.5. Supplementary Conditions (if applicable)
8.6. Detailed Specifications as included in this package and as referenced
8.7. Cone of Silence /Campaign Contribution Ordinance /Lobbyist Registration Requirements
8080 Addendum Acknowledgement
8090 Anti - Kickback Affidavit
8.10. Non- Collusive Affidavit
8.11. Sworn Statement
8.12. Qualification Statement
Page 15 of 91
8.13. Performance Bond
8.14. Payment Bond
8915. Drug -Free Work Place Form
8.16. Related Transaction Verification Form
8.17. Acknowledgement of Conformance with OSHA Standards
8.18. Construction Plans titled — "SYLVA MARTIN DRAINAGE PROJECT"
8.19. Any Modifications, including Work Authorizations, duly delivered after execution of the Contract.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be altered, amended or repealed by a Modification (as defined in Section 1
of the General Conditions).
Article 9. MISCELLANEOUS
9010 Terms used in this Contract which are defined in Article 1 of the General Conditions shall have
the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
93. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, his partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.4. This Contract may be executed in counterparts.
905 The OWNER shall retain the ownership of all shop drawings and design drawings once payment
therefore is made.
9.6 OWNER and CONTRACTOR hereby knowingly, irrevocably, voluntarily and intentionally waive any
right either may have to a trial by jury in respect to any action or proceeding based upon the
contract documents or arising out of, under, or in connection with the work or the project.
93 The law of the State of Florida shall govern the contract between the City of South Miami and the
successful bidder and any action shall be brought in Miami -Dade County, Florida. In the event of
litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled
to recover against the other party its costs and expenses, including reasonable attorney fees,
which shall include any fees and costs attributable to appellate proceedings arising on and of
such litigation.
Page 16 of 91
998 INDEMNIFICATION. The parties agree that 1% of the total compensation paid to the Contractor
for the performance of this agreement shall represent the specific consideration for the
Contractor's indemnification of the City as set forth in this Section and in the Terms and
Conditions.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless the City and their consultants, agents and employees from and against all claims,
damages, losses and expenses, direct, indirect or consequential (including but not limited to fees
and charges of attorneys and other professionals and court costs) arising out of or resulting from
the performance of the work, provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the work itself) including the loss of use resulting there from and
(b) is caused in whole or in part by any willful and wanton or negligent or gross negligent acts
or omission of Contractor, any subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified
herPiindpr nr arkpr by or is imnncari by I aw and Raaulatinnc raanrrllacc of tha naaliaanrc of
any such party.
In any and all claims against the City or any of their consultants, agents or employees by any
employee of Contractor, any Subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, the indemnification obligation under the above paragraph shall not be
in"itea in any way by any limitation on the amount or type 0T damages, compensation or Denetits
payable by or for Contractor or any such Subcontractor or other person or organization under
workers or workman's compensation acts, disability benefit acts or other employee benefit acts.
It is the specific intent of the parties hereto that the foregoing indemnification complies with
Florida Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties
that all of the Contract Documents on this project are hereby amended to include the foregoing
indemnification and the "Specific Consideration" therefore.
The official title of the City is "CITY OF SOUTH MIAMI ". This official title shall be used in all
insurance, or other legal documentation. City of South Miami is to be included as "Additional
Insured" with respect to liability arising out of operations performed for City of South Miami by
or on behalf of Contractor or acts or omissions of Contractor in connection with such operation.
969 WARRANTIES OF CONTRACTOR. The CONTRACTOR hereby warrants and represents that at all
times during the term of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws necessary to perform the
Specified Services.
9010 DEFAULT /FAILURE TO PERFORM. The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful bidder to accept the award, to furnish required
documents, and /or to fulfill any portion of this contract within the time stipulated.
Page 17 of 91
Upon default by the successful bidder to meet any terms of this agreement, the City will notify
the bidder three (3) days (weekends and holidays excluded) to remedy the default. Failure on
the contractor's part to correct the default within the required three (3) days shall result in the
contract being terminated and upon the City notifying in writing the contractor of its intentions
and the effective date of the termination. The following shall constitute default:
A) Failure to perform the work required under the contract and /or within the time
required or failing to use the subcontractors, entities and personnel as identified
and set forth, and to the degree specified in the contract.
B) Failure to begin the work under this contract within the time specified.
C) Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
D) Neglecting or refusing to remove materials or perform new work where prior work
has been rejected as non conforming with the terms of the contract.
E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment renders the successful bidder incapable of
performing the work in accordance with and as required by the contract.
F) Failure to comply with any of the terms of the contract in any material respect.
In the event of litigation or arbitration arising from a default by the contractor, the contractor
shall also be liable for all damages caused by its default which damages may include but not be
limited to any and all costs incurred by the City in completing the project, and damages arising
out of the contractor's failure to adhere to the contract requirements and all attorney's fees and
costs incurred by the City in seeking legal relief for the default.
9.11 OTHER CAUSES FOR TERMINATION, The CITY OF SOUTH
MIAMI reserves
the right to
cancel
this
contract by written notice to the contractor effective the
date specified in the notice
should
any
of the following apply:
A) The City has determined that such cancellation will be in the best interest of the City
to cancel the contract for its own convenience. In the event the contract is
terminated for the City's convenience the contractor will be paid for all labor and
materials provided as of the termination date. No consideration will be given for
anticipated lost revenue, overhead, mobilization or demobilization or the canceled
portions of the contract.
B) Funds are not available to cover the cost of the services. The City's obligation is
contingent upon the availability of appropriate funds.
9.12 ANTI - DISCRIMINATION. The bidder certifies compliance with the non - discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative
to equal employment opportunity for all persons without regard to race, color, religion, sex or
national origin. Furthermore the bidder shall comply with all other State and local laws and
policies that prohibit discrimination.
9.13 If any provision of this Contract or any Authorization under this Contract or the application
thereof to any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of the is Contract, and the application of such provisions to persons or situations other
Page 18 of 91
than those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
9.14 Whenever either party desires to give notice to the other, it must be given by hand delivery or
written notice, sent by certified United States mail, with return receipt requested or a nationally
recognized private mail delivery service, addressed to the party for whom it is intended, at the
place last specified.
9.15 Contractor shall abide by the applicable provisions of Chapter 119, Florida Statutes (Public
Records).
IN WITNESS WHEREOF, the parties hereto have signed 6 copies of this Contract. At least one
counterpart each has been delivered to OWNER, CONTRACTOR, and CONSULTANT. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by CONSULTANT
on OWNER'S behalf.
nwhiFR t r\ rnKiTRArTr)O
CITY OF SOUTH MIAMI ti X o4i ce(`
ADDRESS ADDRESS �
6130 Sunset Drive -7 STRE ET 4I l o &6 110 A`
South Miami Ida 33143 CITY, STATE & ZIP CODEGI(VI�
BY:
City Manager
WITNESS ` ` ZJLZIL
[CORPORATE SEAL]
[END OF SECTION]
Page 19 of 91
BY: rte. " L
i ®Si`r
T iTLE - C I P NY.- / �-
WITNESS
[CORPORATE SEAL]
&;
Proposal of
(Name)
h4
SECTION 4
BIDDER'S REPRESENTATION
(Address)
to furnish all materials, equipment, and labor and to perform all work in accordance with the
Contract Documents for:
SYLVA MARTIN DRAINAGE PROJECT
( "THE PROJECT ")
TO: CITY OF SOUTH MIAMI
Attn: City Clerk
6139 Sunset Drive
South Miami, Florida 33143
The undersigned, as Bidder, hereby declares that the only person or persons interested in the
Bid, as principal or principals, is or are named herein and that no other person than herein
mentioned has any interests in the Bid of the Agreement to which the Work pertains; that this
Bid is made without connection or arrangement with any other person, company, or parties
making Bids or Proposals and that the Bid is in all respects fair and made in good faith without
collusion or fraud.
The Bidder further declares that he or she has examined the geographic location and sites of the
Work; that he has made sufficient investigations to fully satisfy himself that such sites are
suitable for this Work; and he assumes full responsibility therefore; that he has examined the
specifications for the Work and from his own experience or from professional advice that the
specifications are sufficient for the Work to be done and he has examined the other Contract
Documents relating thereto, including the Instructions to Bidders, the Agreement, Bid, Detailed
Scope of Work /Specifications, Qualification Statement, Public Entity Crime Form, and Insurance
requirements and he has read all addenda prior to the opening of Bids, and that he has satisfied
himself fully, relative to all matters and conditions with respect to the Work to which this Bid
pertains.
The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Agreement with the
City in the form attached and to furnish all necessary materials, all equipment, all necessary
machinery, tools, apparatus, means of transportation, and labor necessary to complete the Work
specified in the Bid and the Agreement, and called for by the specifications and in the manner
specified and to timely submit all required bonds and insurance certificates.
Page 20 of 91
NOTE: THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM
AMOUNT /QUANTITY OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF
ANY CONFLICT BETWEEN THIS SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS,
THE DETAILED SPECIFICATIONS WILL PREVAIL.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the Work as stated in the Agreement.
The Bidder agrees to execute the Agreement and furnish the executed Agreement, all
required bonds, insurance certificates, and other required information to City within
ten (10) ten calendar days after written notice of the Award of contract. Failure on the
part of the Bidder to timely comply with this provision shall give City all rights and
remedies set forth in the Instructions to Bidders.
The undersigned agrees to accept as full compensation therefore the total of the lump
sum prices and extended unit prices items named in the following schedule. It is
onuerstoou anal die unit prices quoted or estaoirsneu for a particular item are tube
used for computing the amount to be paid to the Contractor, based on the Work
actually performed as determined by the Agreement and the City. However, in utilizing
the schedule, the Bidder agrees that in no event shall compensation paid to the Bidder
under the Agreement exceed the dollar amount of the Bidder's Bid amount, as set forth
in the attached Bid.
It is intended that all Work to be performed under this Bid shall commence
approximately thirty (30) days after Agreement execution.
In no event shall City be obligated to pay for Work not performed or materials not
furnished. 0 L)
Bidder's Certificate of Competency No. L
N Y
is Occupational License No.
' By:
Sign ure of Authorized Agent
[SEAL]
Page 21 of 91
FOR •ate
The following is a Lump Sum Bid Proposal is presented to the City. The Bid Amounts includes all
items described in the Bid Documents (Detailed Specifications). Upon receiving a Notice of
Award contractor shall submit a detail schedule of Values. Payment shall be made on the basis
of Work actually performed and completed.
The Base Bid Amount includes all material and labor for the construction of the project entitled
SYLVA MARTIN DRAINAGE PROJECT.
LUMP SUM BASE BID AMOUNT $
LUMP SUM BASE BID AMOUNT (IN WORDS)
Taxpayer Identification Number. 0
t v � ��j4
g IP
(Signature of'Authorized Representative)
� /2 We/ 17ele e
(Printed Name and Title)
(Company Address)
(Company Ph
Z*-a(� el 9
Number)
exo�
z6er
P
mpany Name)
� loez�,
i
[END OF SECTION]
Page 22 of 91
SECTION 6
DETAILED SPECIFICATIONS
1. SCOPE OF SERVICES
The project consists of furnishing of all labor, materials, tools, equipment, machinery, superintendence
and services necessary for the complete in place construction of drainage project. The proposed
drainage project is designated to be located at the 6130 Sunset Drive.
2. PLANS AND SPECIFICATIONS
The
proposed
project
is
to
be estimated
and
constructed in accordance with
plans entitled
Exhibit #1
"'Sylva
Martin
Drainage
Improvements"
prepared
by Palm Engineering dated
revised 3/6/13.
3. PROJECT DURATION
The current estimate to complete construction of the project is 14 days from issuance of Notice to
Dr^rnp rl Tk;c is nn pc+imn +n nnrl +hc nnbll;r hirlrlinn nrnrccc mill roc +prm;np +hp n� +unl gmnnc +roar +ir,n rnc+
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A Performance and Payment Bond is required for the full amount of the project
[END OF SECTION]
Page 24 of 91
STATE OF FLORIDA }
}
COUNTY OF MIAMI -DADE }
&,
SECTION 9
ANTI - KICKBACK AFFIDAVIT
SS:
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the CITY OF SOUTH MIAMI, its elected officials, and
6j ne'° .Ile or its design consultants, as a commission, kickback, reward or gift,
directly or indirectly by me or any member of my firm or by an officer of the corporation.
Sworn and subscri
da1v of
before this
Notary Public, State of Florida
D pr fL K�
(printed Name)
k of ,7
2013
My commission expires,: _, y
\\ , ` `' . • • D • , MAR % N � f i i �
• : arch i4,
Z • ��' N•
#DD 949132
�O %'�G °':�nlnsuratwe .•° Qom°
Title:
[END OF SECTION]
Page 27 of 91
State of 1 1 oi% 6U )
) SS:
County of IQ1'uw �ixu4, }
I
that:
e
SECTION 10
NON - COLLUSIVE AFFIDAVIT
being first duly sworn, deposes and says
a) He /she is the V�°�- ( ner, Partner, Officer,
Representative or Agent) . (� (�,` (fiiv �• WOO" � �•, the Bidder that has
submitted the attached Proposal; I
b) He /she is fully informed respecting the preparation and contents of the attached Proposal
and of all pertinent circumstances respecting such Proposal;
c) Such Proposal is genuine and is not collusive or a sham Proposal;
d) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
omnlnliccc nr nnr +ioc in into ro c+ inrlurlina +hic nfGnn+ knvo in nnv IAInv rnIht A r�ncnirorl cnnni ioA
V114VIV3/.44. W1... VM1. Lil. ..11.t_1t1441.4d4,. 11141""1115.. 6t11J.. Uagg"L16,. 11G.YA. Ilt_. U. Idr.. YYG.11 4V11UM(... N,..4VJ. 1.]'./II.MN, 4WIII..II.Y.6M
or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from proposing in connection with such work; or have in any manner, directly or indirectly,
sought by person to fix the price or prices in the attached Proposal or of any other Bidder, or to fix
any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Bidder,
or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against (Recipient), or any person interested in the proposed work;
e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance; or unlawful agreement on the part of the Bidder or any other
of its agents, representatives, owners, employees or parties in interest, including this affiant,
seale land delivered
re en of:
pIsa 77
State of i I0,�deu )
) SS:
County of 'lau )
By:
1041 1 a / %'- e -9
(Printed Na►�y)e)
%�z 5 f �c%.*A9 74
(Title)
BEFORE ME, the undersigned authority, personally appeared
to me well known and known by me to be the person described herein and who executed the
foregoing Affidavit and acknowledged to and before me that
executed said Affidavit for the purpose therein expressed.
WITNESS, my hand and official seal this day of L 2013.
Page 28 of 91
C6 Qd
ommiss,ion ppires:
ry Public State of Flo
31#41 2 C4 4
4 4, Cft(r "D �Aiii1Hi11lPtt /!
ida at Large ��rO D MAR /N' /' //
e
�•�V °OpIR 14,
.�� 0
• e
; #DD 949132 �.
• "
Page 29 of 91
SECTION 11
SWORN STATEMENT ON PUBLIC ENTITY CRIMES
SECTION 287.133(3)(x), FLORIDA STATUTES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.
This orn sta ement i fb}mitted to the CITY O SOUTH MIAMI
by
[print individual's name and title]
for
[print n me of entity submitting sworn statement]
_whose business address is
10 sto I 16 - U C
and (if applicable) its Federal Employer Identification Number (FEIN) is �` b"I
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement: )
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)9g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or the United States, including, but not limited to, any bid or contract for goods and services to be
provided to any public entity or an agency or political subdivision of any other state or of the United
States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction or a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand than an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
Page 30 of 91
a,
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 Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business with
a public entity. The term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an entity.
6. Based on information and belief, the statement that I have marked below is true in relation to
the entity sub itting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
This entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 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 has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer
of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND HAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this /3
Signature of Entity Submitting Sworn Statement
day of 2013.
Page 31 of 91
Personally known
OR produced identification
(type of identification)
No ary Public — State of Or -t 'co
M commission expires 17
t!
d, typed or stamped Commissioned Name Notary Public)
®e�q��i�yNltlHiOdta ®`
��a� ®a• 0 M °AA /Ay ®asd�s
�° e •��,M►SSIOiyF . °•
cAt Wo oo F .o� .e
e °
• #DD 949132 • Ott
ell 000�01!% 00
S XT
9 • °.•T�ndedri� Qs
[END OF SECTION]
Page 32 of 91
a
filTm
k'.
vendor in
a /0/ .
(Name of gusin
b.:
SECTION 15
DRUG -FREE WORKPLACE FORM
e with Section 287.087, Florida Statutes, hereby certifies that
6 . ene4o � does:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Proposers signature
[END OF SECTION]
Page 43 of 91
� IF
ate
SECTION 16
RELATED PARTY TRANSACTION VERIFICATION FORM
ually and on behalf of
-i2 J v VE y ( "Firm ")
have read the City of Sou h Miami ( "City ")'s Code of Ethics, Section 8A -1 of the City's Code of
Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information
and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the
contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City,
and
(2) neither I nor
any employees,
officers, directors
of the Firm, nor anyone who has a financial interest
greater than 5%
in the Firm, has
any relative(s), as
defined in section 8A -1, who is an employee of the
City or who is(are) an appointed
or elected official
of the City. or who is(are) a member of any public
body created by
the City Commission, i.e., a board
or committee of the City, and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any
member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has
transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in
any business being transacted with the city, or with any person or agency acting for the city, other than
A
as follows: �.t ) lV %`_ (use a separate sheet to supply additional
information that will not fit on this line but make reference to the additional sheet which must be signed
under oath).
(4) no elected and /or appointed official or employee of the City of Miami, or any of their immediate
family members (i.e., spouse, parents, children, brothers and sisters) has a financially interest, directly or
indirectly, in the contract between you and /or your Firm and the City other than the following
individuals whose interest is set forth following their names:
(use a separate sheet to supply additional
information that will not fit on this line but make reference to the additional sheet which must be signed
under oath). The names of all City employees and that of all elected and /or appointed city officials or
board members, who own, directly or indirectly, an interest of five percent (5 %) or more of the total
assets of capital stock in the firm are as follows: ao a Z (use a separate
sheet to supply additional information that will not fit on this line but make reference to the additional
sheet which must be signed under oath).
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which
may come to us through our position of trust, or through our performance of our duties under the terms
of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others.
We agree that we may not disclose or use information, not available to members of the general public,
for our
personal gain
or benefit or
for the personal gain or benefit of
any other person or
business entity,
outside of the
normal gain
or benefit anticipated
through the
performance of the
contract.
Page 44 of 91
&) &c b: =.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the
City or any person or agency acting for the City, and that we have not appeared in representation of any
third party befo e any board, commission or agency of the City within the past two years other than as
follows: N I -' t�J.0 M C� (use a separate sheet to supply additional information that
will not fit on this line but make reference to the additional sheet which must be signed under oath).
Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as
a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of
the City Commission; (ii) ary city employee; or (iii) any member of any board or agency of the City other
than as follows: { k- "G N -c _(use a separate sheet to supply additional
information that will not fit on this line but make reference to the additional sheet which must be signed
under oath).
(7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial
interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e.,
spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter
referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I
represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those
persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded,
other than the following:
(use a separate sheet to supply additional information that will
not fit on this line but make reference to the additional sheet which must be signed under oath).
(8) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City
of any change in circumstances that would change our answers to this document. Specifically, after the
opening of any responses to a solicitation, I and the Firm have an obligation to supplement this
Verification Form with the name of all Related Parties who have also responded to the same solicitation
and to disclose the relationship of those parties to me and the Firm.
(9) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement
this Verification Form, may subject me or the Firm to immediate termination of any agreement with the
City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally,
violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics.
Under penalty of perjury, 1 declare that I have made a diligent effort to investigate the matters to which
I am attesting hereinabove and that the statements made hereinabove are true and correct to the best
of my knowledge, infoD,axltaprafld4aelief.
Signature: 4 -
Print Name & Title:
Date: f (ter
Page 45 of 91
f
I t V
We,i j�t X (Name of CONTRACTOR), hereby acknowledge and agree that
as CONTRACTORS for the 4ylva Martin Drainage Project as specified have the sole responsibility for
compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all
State and local safety and health regulations, and agree to indemnify and hold harmless the City and
Consultant against any and all liability, claims, damages, losses and expenses they may incur due to the
failure of (Sub - consultant's names):
[0i.
to comply with such act or regulation.
CUN I RAC; I UK
BY: I p o i J-d H" Z.,- f
e
1/11
Page 46 of 91
Witness
SECTION 17
CONTRACT GENERAL CONDITIONS
ARTICLE 1— DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following
terms shall have the meaning indicated. These definitions shall always apply when the section of the
Contract specifically refers to this article for the purpose of interpreting a word or group of words in that
section of the Contract Documents. However, when the section of the Contract, where the word to be
defined is used, does not specifically refers to this article to define the word or group of words, these
definitions shall not apply unless the word, in the context of its use in the Contract Document in
question, is ambiguous and open for interpretation. In addition, these definitions shall also not apply to
contradict a definition that is given in a specific provision of a Contract Document:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or
interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or
correction.
Application for Payment: The form furnished by the CONSULTANT which is to be used by the
CONTRACTOR in requesting progress payments.
Bid: the offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
BIDDER: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by
the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with
the law of the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after
execution of the Contract.
CITY: City of South Miami, 6130 Sunset Drive, South Miami, FL 331430
Construction Observer: An authorized representative of the CONSULTANT assigned to observe
the Work performed and materials furnished by the CONTRACTOR or such other person as may be
appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity
of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner
and the Contractor, other documents listed in the Contract and modifications issued after execution of
the Contract all Bid Documents including but not limited to the REQUEST FOR PROPOSAL,
CONTRACTOR'S Bid, the Bonds Insurance Certificates and the Notice of Award, the Notice to Proceed,
these General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical
Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior
Page 54 of 91
to execution of the Contract, Change Orders, Construction Change Directives and any written order for a
minor change in the Work, and written modifications to any of the Contract Documents and
Acknowledgment of Conformance with the City of South Miami,
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the
Contract Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf
of the CITY'S governing body.
CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as
9- OW aesignatea by the U i r m writing an aeoiverea to the wiv i KAL I UR;
Day: A period of twenty -four hours measured from the beginning of the day at 12:01 a.m. and it
shall be presumed to be a calendar day unless specifically designated as a business day.
Days The number of twenty -four (24) hour periods following the event to which the word
"days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period
of time prescribed or allowed by the Contract Documents, the day of the act, event or default from
which the designated period of time begins to run shall not be included. The last day of the period so
computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period
shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to
the Contract Documents, or does not meet the requirements of any applicable inspection, reference
standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the
CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has
been delegated to the City); substitutions that are not properly approved and authorized, any deficiency
in the Work, materials and equipment; materials and equipment furnished under the Contract that are
not good quality and new unless otherwise required or permitted by the Contract Documents,
Drawings: The drawings which show the character and scope of the Work to be performed and
which have been prepared or approved by the CONSULTANT and are referred to in the Contract
Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the
Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in
accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a
Change Order signed by both parties, (c) a written clarification or interpretation if issued by the
CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in
the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued
Page 55 of 91
QV; Ct 0: t+; &x,
after execution of the Contract, it must be in writing and signed by the party against whom the
modification is sought to be enforced.
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon
compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute
and deliver the Contract to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT)
fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall
start to perform its obligations under the Contract Documents,
Person: An individual or legal entity.
Proiect: The entire construction operation being performed as delineated in the Contract
Documents.
Shop Drawinjzs: All drawings, diagrams, illustrations, brochures, schedules and other data which
are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which
illustrate the equipment, material or some portion of the work and as required by the Contract
Documents.
Samples:
Physical
examples
which
illustrate materials, equipment or workmanship and
establish standards
perform
by which
the Work
will be
judged.
Specifications: Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as applied to
the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or
with any other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of
the Project or a certified part thereof is sufficiently completed, in accordance with the Contract
Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was
intended without restriction or limitation to any degree, other than for the repair of minor "punch list"
items; or if there be no such certification, the date when final payment is due in accordance with
paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be
substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the
applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT,
shall be null and void if it is based on false, misleading or inaccurate information, from any source, or
when it would not have been issue but for the consideration of Work that is thereafter found to be
defective to a degree greater than that which would normally to be considered by the City to be minor
"punch list" work.
Supplier: Any person
or organization who
supplies
materials or equipment for the Work,
including the fabrication of an
item, but who does not
perform
labor at the site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the
CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor,
Page 56 of 91
services and materials used on the project.
Work: Any and all obligations, duties and responsibilities necessary for the successful
performance and completion of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands,
instructions, claims, approvals and disapprovals required to obtain compliance with Contract
requirements. Written notice shall be deemed to have been duly served if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an
authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered
mail to the last known business address. Unless otherwise stated in writing, any notice to or demand
upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents, The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates
of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of
the General Conditions, a detail schedule of values and such other Documents as required by the
Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10)
calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a
party may be executed in counterparts separately by each of the parties and, in such event, each
counterpart separately executed shall, without proof or accounting for the other counterpart be
deemed an original Contract Document.
Forfeiture of Bid Security /Performance and Payment Bond:
23 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond
and Payment Bond attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered in such
Contract as well as full payment of all suppliers, material man, laborers, or
Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety
Page 57 of 91
company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
23.2 Each Bond shall continue in effect for five year after final completion and acceptance of
the Work with the liability equal to one hundred percent (100 %) of the Contract Sum.
The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification
by CITY, correct any patent defective or faulty Work or materials which appear within
one year after final completion of the Contract and shall, upon notification by CITY,
correct any latent defective or faulty Work or materials which appear within five year
after final completion of the Contract.
233 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall
ensure that the Bond(s) referenced above shall be recorded in the public records of
Miami -Dade County and provide CITY with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State
of Florida as a surety, having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for a least five (5) years.
23.5 The surety company shall hold a current certificate of authority as acceptable surety on
federal bonds in accordance with the United States Department of Treasury Circular
570, current revisions.
23.6 The CITY will accept a surety bond from a company with a rating A. VII or better.
2.33 Failure of the successful Bidder to execute and deliver the Contract and deliver the
required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause
for the CITY to annul the Notice of Award and declare the Bid and any security therefore
forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for
having familiarized itself with the nature and extent of the Contract Documents, Work, locality,
and with all local conditions and federal, state and local laws, ordinance, rules and regulations
that may in any manner affect performance of the Work, and represents that it has correlated
its study and observations with the requirements of the Contract Documents. CONTRACTOR
also represents that it has studied all surveys and investigations, reports of subsurface and
latent physical conditions referred to in the specifications and made such additional surveys and
investigations as it deems necessary for the performance of the Work reflected in the Contract
Documents and that he has correlated the results of all such data with the requirements of the
Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
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Starting the Proiect:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date
the Contract Time commences to run. No Work shall be done at the site (as defined in Article
1), prior to the date on which the Contract Time commences to run, except with the written
consent of the CITY
Before Starting Construction:
23 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements and conditions. It shall at once report in writing to CONSULTANT any
conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT
shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to
discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the
CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the
CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents.
_V _1. .1- - C^- - -
Scneauie or omple ion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary
schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require
revisions thereto within seven (7) calendar days of its submittal. If there is more than one
CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all
CONTRACTORS shall be provided in the Special Conditions,
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR,
but before starting the Work at the site, a pre- construction conference shall be held to review
the above schedules, to establish procedures for handling Shop Drawings and other
submissions, and for processing Applications for Payment, and to establish a working
understanding between the parties as to the
Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident
Project Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors, Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible
Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of
Subcontractors and such other persons and organizations (including those who are to furnish
principal items of materials or equipment) proposed for those portions of the Work as to which
the identity of Subcontractors and other persons and organizations must be submitted as
specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the
CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has
reasonable objection to any Subcontractor, person, or organization on such list. The failure of
the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization
on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such
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Subcontractor, person or organization. Acceptance of any such Subcontractor, person or
organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject
defective Work, material or equipment, or any Work, material or equipment not in conformance
with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of
Award, submit an acceptable substitute without an increase in its bid price.
ARTICLE 3— CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be
constructed in accordance with the Contract Documents. The Contract Documents comprise
the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a
modification as defined in Article 1.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called
for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract
Documents, it shall, before proceeding with the Work affected thereby, immediately call it to
the CONSULTANVs attention in writing. The various Contract Documents are complementary; in
case of conflict, error or discrepancy, the more stringent interpretation and requirement that
shall provide the maximum benefit to the City shall apply
33 The words "furnish" and "furnish and install ", "install', and "provide" or words with similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install
complete in place and ready for service ".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are
essential to produce a complete and properly operating installation, or usable structure,
providing the indicated functions, shall be furnished and installed without change in the
Contract Price. Such miscellaneous items and accessories shall be of the same quality standards,
including material, style, finish, strength, class, weight and other applicable characteristics, as
specified for the major component of which the miscellaneous item or accessory is an essential
part, and shall be approved by the CONSULTANT before installation. The above requirement is
not intended to include major components not covered by or inferable from the Drawings and
Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of
the Work shall be installed or erected in accordance with the best practices of the particular
trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures
under this Contract rain proof, and for making equipment and utility installations properly
perform the specified function. If he is prevented from so doing by any limitations of the
Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in
writing of such limitations before proceeding with construction in the area where the problem
limitation exists.
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33 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to
establish the minimum requirements acceptable. Whenever reference is given to codes, or
standard specifications or other data published by regulating agencies or accepted
organizations, including but not limited to National Electrical Code, applicable State Building
Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute
specifications, and the like, it shall be understood that such reference is to the latest edition
including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or
quality required for the particular material or product. The term "equal' or "equivalent ", when
used in connection with brand names, shall be interpreted to mean a material or product that is
similar and equal in type, quality, size, capacity, composition, finish, color and other applicable
characteristics to the material or product specified by trade name, and that is suitable for the
same use capable of performing the same function, in the opinion of the CONSULTANT, as the
material or product so specified. Proposed equivalent items must be approved by CONSULTANT
before they are purchased or incorporated in the Work. (When a brand name, catalog number,
model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR
_1_11 _ _ i.1_ 1__�d .L_ .._J ._ _J.1 _ :X:_ J1
Brian use UU2 uranu,_i1lane arlu rrlouei specineu1.
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and
vice versa and the singular words substituted for plural and plural words substituted for singular
wherever applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 In the event that there is a conflict between or among the Contract Documents, only the latest
version shall
apply and the latest version of the following documents which are set forth in the order of
their precedence so that all the documents listed above a given document shall have precedence over
all the documents listed below it.
(a)
Amendments and Change Orders
(b)
Addenda to drawingd
(c)
Drawings
(d)
Drawings of a larger scale
(e)
Drawings of a smaller scale
(f)
Written dimensions
(g)
Scaled dimensions
(h)
Specifications
( i)
Solicitation Documents unless the contract expressly excludes them or their provisions
( 1) Solicitation letter
( 2) Instructions to Repsondent /Bidder
( 3 ) Request for Proposal /Bid (RFP), with all Exhibits thereto, and with
Exhibits taking precedence over the RFP
(j)
Contract with all Exhibits thereto and with Exhibits taking precedence over the Contract.
(k)
Special Conditions with all Exhibits thereto, and with Exhibits taking precedence over
the Special Conditions.
( I)
Supplemenary Conditions, with all Exhibits thereto, and with Exhibits taking precedence
over the Special Conditions; and
(m)
General Conditions,
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6:
ARTICLE 4— AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be done, rights -of -way for access thereto, and such other lands which are designed for the
use of the CONTRACTOR. Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the
Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S
convenience shall be the responsibility of the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of material and equipment.
1.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
43 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself
as to the conditions affecting the Work, including but not limited to those bearing upon
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, roads and uncertainties of weather, river stages, tides, water tables or similar physical
conditions at the site, the conformation and conditions of the ground, the character of
equipment and facilities needed preliminary to and during prosecution of the Work. The
CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and
quantity of surface and subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site, including all exploratory
work done by the CITY/ CONSULTANT on the site or any contiguous site, as well as from
information presented by the Drawings and Specifications made part of this Contract, or any
other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR
to acquaint itself with the available information shall not relieve it from responsibility for
estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no
responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of
the information made available by the CITY/ CONSULTANT,
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions
are disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those
indicated in the Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from
those ordinarily encountered and generally inherent in Work of the character provided
for in this Contract. The CITY shall promptly investigate the conditions, and if it finds
that such conditions do materially differ to the extent as to cause an increase or
decrease in the CONTRACTOR'S cost of, or the time required for, performance of any
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part of the Work under this Contract, an equitable adjustment shall be made and the
Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has
given the notice required in 4.4 above; provided, however, the time prescribed therefore may
be extended by the CITY, but only if done in writing signed by the City Manager or the
CONSULTANT.
ARTICLE 5 — INSURANCE
Insurance Provisions
5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company
or companies lawfully authorized
to do business in the
State
of Florida as will
protect the
Contractor from claims as set forth
below which may arise
out of
or result from the
Contractor's
operations under the Contract and
for which the Contractor may
be legally liable, whether such
operations be by the Contractor
or by a Subcontractor
or by
anyone directly
or indirectly
employed 'oy any of them, or by anyone for whose acts any
of them maybe nabie: -
- --
5.0.1 claims under workers' compensation, disability benefit and other similar employee
benefit acts which are applicable to the Work to be performed;
5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death
of the Contractor's employees;
5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person
other than the Contractor's employees;
5.0.4 claims for damages insured by usual personal injury liability coverage;
5.0.5 claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property, including loss of use resulting there from;
5.0.6 claims
for
damages because of bodily
injury, death of
a person or property damage
arising
out
of ownership, maintenance or use of a motor
vehicle;
5.0.7 claims for bodily injury or property damage arising out of completed operations; and
5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations
under the Contract.
Contractor's Liability Insurance:
5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed
under this Contract has been completed and accepted by CITY (or for such duration as is
otherwise specified hereinafter), the insurance coverage set forth below:
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6.
5.11 Worker's Compensation insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at
the statutory coverage amount. The CONTRACTOR shall further insure that all of its
Subcontractors maintain appropriate levels of Worker's Compensation Insurance.
5.1.2 Comprehensive General Liability insurance with broad form endorsement, on a Florida
approved form including automobile liability, completed operations and products liability,
contractual liability, severability of interest with cross liability provision, and personal injury and
property damage liability with limits of $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate, including:
• Personal Injury:
• Medical Insurance:
• Automobile Liability:
• Excess /Umbrella:
$1,000,000;
$5,000 per person;
$1,000,000 each accident /occurrence.
$1,000,000 per claim
Excess /Umbrella Comprehensive General Liability insurance shall be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of
$1,000,000 per claim. Coverage must be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed
by the Insurance Services Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and /or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and /or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
5.1.3 Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury 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:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non - Ownership
5.2 Before starting the
Work, the CONTRACTOR
shall
file with the CITY and CONSULTANT certificates
of such insurance,
acceptable to the CITY,
the
name, address and telephone number of the
insurance agent or
broker through whom
the
policy was obtained; these certificates shall
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contain a provision that the coverage afforded under the policies shall not be canceled or
materially changed until at least thirty (30) calendar days prior written notice has been given by
the insurer to the CITY and CONSULTANT by certified mail. The insurer shall be rated A.VII or
better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the
State of Florida.
53 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the
.subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above
and substituting the word SUBCONTRACTOR for the word CONTRACTOR where applicable.
Fire and Extended Coverage Insurance (Builders' Risk):
5A In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, Fire,
Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures,
while in the course of construction, including foundations, additions, attachments and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies shall also cover machinery, if the cost of machinery is included in the Contract,
or if the machinery located in a building that is being renovated by reason of this contract. The
- - - -i __ •.- - a _ a all ..•. -- - - ,. ...
-
amount of insurance must at au times ue at least equal to the actual cash vaiue of the insured - -- -
property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest
may appear, and shall also cover the interests of all Subcontractors performing Work.
5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing
insurance is in force; and such evidence shall include provisions that the insurance shall not be
canceled or materially changed until at least thirty (30) calendar days prior written notice has
been given by the insurer to the CITY by certified mail.
Cancellation and Re- Insurance:
5.6 If any notice of cancellation of insurance or changed by the insurance company or should any
insurance have an expiration date that will occur during the period of this contract, the
CONTRACTOR shall be responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At
the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the
CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction. The CONTRACTOR
shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as
"Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before
the CONTRACTOR commences the Work and within the time required by the Contract, as the
CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full
authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor
Page 65 of 91
shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each
site at all times as required to perform adequate supervision and coordination of the Work.
(Copies of written communications given to the Supervisor shall be mailed to the
CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and
annotated to show all changes made during the construction process. These shall be
available to the CONSULTANT and any CITY Representative at all reasonable times. A
set of "As- Built" drawings, as well as the original Specifications, Drawings, Addenda,
Modifications and Shop Drawings with annotations, shall be made available to the City
at all times and it shall be delivered to the CITY upon completion of the Project.
Labor Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
63 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and
sanitary facilities and all other facilities and incidentals necessary for the execution, testing,
initial operation and completion of the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the
supplier or manufacturer are specified or approved, such materials shall be delivered to the site
in their original packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or
processors, except as otherwise provided in the Contract Documents.
Materials Equipment Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before
being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list
of proposed materials, equipment or products, together with such samples as may be necessary
for them to determine their acceptability and obtain their approval, within ninety (90) calendar
days after award,of Contract unless otherwise stipulated in the Special Conditions. No request
for payment for "or equal" equipment will be approved until this list has been received and
approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or
Specifications by reference to brand name or catalog number, it shall be understood
that this is referenced for the purpose of defining the performance or other salient
requirements and that other products of equal capacities, quality and function shall be
considered. The CONTRACTOR may recommend the substitution of a material, article,
Page 66 of 91
or piece of equipment of equal substance and function for those referred to in the
Contract Documents by reference to brand name or catalog number, and if, in the
opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution
and use by the CONTRACTOR. Incidental changes or extra component parts required to
accommodate the substitute will be made by the CONTRACTOR without a change in the
Contract Price or the Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the
CONSULTANT who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered
justifiable grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of
the Drawings and Specifications or become damaged during the progress of the Work,
such Work or materials shall be removed and replaced, together with any Work
---- ul5arra ilgcu...uy $uUn- a11ClalIVL1J,- al - any ._wile -WCFVr e...LViIiP1eHV11 df1U- acceptance -off Lfi2. _. .._....
Project. All such Work shall be done at the expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest is retained by the Seller. The CONTRACTOR warrants
that they have good title to all materials and supplies used by them in the Work.
Concerning Subcontractors:
63 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ
any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the
CONSULTANT determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and
of persons and organizations directly or indirectly employed by it and of persons and
organizations for whose acts any of them may be liable to the same extent that they are
responsible for the acts and omissions of persons directly employed by them. Nothing in the
Contract Documents shall create any contractual relationship between CITY or CONSULTANT
and any Subcontractor or other person or organization having a direct contract with
CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to
see to payment of any persons due subcontractor or other person or organization, except as
may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or
other person or organization, to the extent practicable, evidence of amounts paid to the
CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not
control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work
performed by any specific trade.
Page 67 of 91
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the CITY.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an
appropriate agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors
material and men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all
subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by
the terms of these General Conditions and other Contract Documents insofar as
applicable to the Work of Subcontractors, and give the CONTRACTOR the same
power as regards to terminating any subcontract that the CITY may exercise over
the CONTRACTOR under any provisions of the Contract Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.123 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the
CONTRACTOR if and when directed by the CONSULTANT in writing.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
of any invention, design, process or device which is the subject of patent rights or copyrights
held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and
anyone directly or indirectly employed by either of them from against all claims, damages,
losses and expenses (including attorney's fees) arising out of any infringement of such rights
during or after the completion of the Work, and shall defend all such claims in connection with
any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and
royalties materials, appliances, articles or systems prior to bidding. However, he shall not be
responsible for such determination on systems which do not involve purchase by them of
materials, appliances and articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for
all governmental charges and inspection fees necessary for the prosecution of the Work, which
are applicable at the time of his Bid. When such charges are normally made by the CITY and
when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The
CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The
CONTRACTOR shall also pay all public utility charges.
Electrical Power and Lighting:
Page 68 of 91
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power
shall be used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations
applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at
variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR
performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the CONSULTANT, it shall bear all costs arising there from; however,
it shall not be its primary responsibility to make certain that the Drawings and Specifications are
in accordance with such laws, ordinances, rules and regulations.
Taxes.
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable
under the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
r All rl__ _L_11 1__ _!1_1 r- -
0.17 lilt! I.VIV rcHl.� Vrc slldll be re!iponsibie Tor initiating, maintaining and supervising an safety
precautions and programs in connection with the Work. They shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or Ions to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose
duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S
Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent
thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT
or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He
shall give the CONSULTANT prompt written notice of any significant changes in the Work or
deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that
additional Work done by him in an emergency which arose from causes beyond his control
Page 69 of 91
entitles him to an increase in the Contract Price or an extension of the Contract Time, he may
make a claim therefore as provided in Articles 11 and 12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing
submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop
Drawings, which shall have been checked by and stamped with the approval of the
CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may
require. The data shown on the Shop Drawings shall be complete with respect to dimensions,
design criteria, materials of construction and the like to enable the CONSULTANT to review the
information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents. All samples shall have
been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to
material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of
any deviations between the Shop Drawings or samples and the requirements of the Contract
Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance
with the information given in the Contract Documents. The review of a separate item as such
will not indicate review of the assembly in which the items functions. The CONTRACTOR shall
make any corrections required by the CONSULTANT and shall return the required number of
corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to
the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop
Drawing or revisions to Shop Drawings that are in conflict with each submission or re-
submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall
constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either
determined and /or verified all quantities, dimension, field construction criteria, materials,
catalog numbers and similar data or they assume full responsibility for doing so, and that they
have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work
and the Contract Documents,
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the
submission has been reviewed and approved in writing by the CONSULTANT. A copy of each
Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in
chronological order or in such other order required by the CONSULTANT in writing, by the
CONTRACTOR at the site and shall be available to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless
the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall
Page 70 of 91
any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or
omissions in the Shop Drawings or samples.
6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings
or due to errors in the Shop Drawings or samples.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the
Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials,
excavated material and rubbish as well as all other material and equipment that does not form a
part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent
property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building
under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy
and he shall restore all property, both public and private, which has been disturbed or damaged
,J. +L%^ . +: ^4C+L. ,. �� /....I, +, 1„ aL. ... L_1., AA/...I. _J 1A1_..1_ rc.._ _1
-- - -UU1- 1115- L11C- plVJelullV1l V1 Me VVUlr% )V ClJo LV- ICaVt= Lilt: VVIIVit :: VVVIR- dllU -VVUrr %JILL- -111 a neat d -liU
presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the
materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the
residents along and adjacent to the area of Work shall be provided for in a satisfactory manner,
consistent with the operation and local conditions. "Street Closed" signs shall be placed
immediately adjacent to the Work, in a conspicuous position, at such locations as traffic
demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law
enforcement agencies and in particular, the City of South Miami Police Department, before the
street is closed and again as soon as it is opened. Access to fire hydrants and other fire
extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from
public observation, for use of all personnel on the Work Site, whether or not in his employ.
They shall be kept in a clean and sanitary condition and shall comply with the requirements and
regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance.
Temporary field office and sanitary facilities shall be removed upon completion of the Work and
the premises shall be left clean.
Indemnification:
6.32 Unless prohibited by law, or by
the terms
of applicable and viable
insurance policies
required
by
the Contract Documents, of
a solvent
insurer whose policy
covers the same
matters
as
Page 71 of 91
(;
k 9k,
described herein, the Contractor shall indemnify and hold harmless the CITY and the
CONSULTANT, as well as their agents and employees or any of them from and against claims,
damages, losses and expenses, including but not limited to attorneys' fees, received or sustained
by any person or persons during or on account of or arising out of any operations connected
with the Work, but only to the extent caused by the negligent acts or omissions of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they are liable. In consideration of the separate sum of One Hundred Dollars
($100.00) or other valuable consideration, CONTRACTOR shall indemnify and hold harmless the
CITY and the CONSULTANT from any claim, damage, loss or expense that is caused in part by a
party indemnified hereunder. This indemnification provision is cumulative with all other
remedies or other indemnification provisions contained in the Contract Documents.
6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such
action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall
obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S
option, any and all claims of liability and all suits and actions of every name and description that
may be brought against CITY or CONSULTANT, excluding only those claims that allege that the
injuries arose out of the sole negligence of CITY or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps,
drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of
or the failure to give directions or instructions by the CONSULTANT, its agents or employees
provided such act or omission is the primary cause of injury or damage.
6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which
these General Conditions are a part.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings
and Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in
rights -of -ways of streets, highways, public carrier lines, utility lines, either aerial, surface or
subsurface, etc., shall be done in accordance with requirements of the special conditions. The
CITY will be responsible for obtaining all permits necessary for the Work described in this
paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT'
certificates, in triplicate, from the proper authorities, stating that the Work has been done in
accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or
public authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters,
pavement, storm drainage structures, and other items which must be established by
governmental departments as soon as grading operations are begun on the site and, in
any case, sufficiently early in the construction period to prevent any adverse effect on
the Project.
Page 72 of 91
Cooperation with Governmental Departments, Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with
governmental departments, public utilities, public carriers, service companies and corporations
(hereinafter referred to as "third parties ") owning or controlling roadways, railways, water,
sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks,
piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected
therewith, that are encountered in the Work in order that such items are properly shored,
supported and protected, that their location is identified and to obtain authority from these
third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR
shall give all proper notices, shall comply with all requirements of such third parties in the
performance of his Work, shall permit entrance of such third parties on the Project in order that
they may perform their necessary work, and shall pay all charges and fees made by such third
parties for their work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the
Project due to work to be done by governmental departments, public utilities, and
ntknrc in rn no irinn nr mnvir.n !`l1NT[)A/`Trin ,.4..11 cooperate
,s. {auu_n.,s... v, LilV.Y.1- tJb_.'d.V.IGJ,... L.VIIUUILat E: L%... I..I IG VVItl -1 nm%1 IOR shall cooperate
with the above parties in every way possible, so that the construction can be completed
in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or
materials and equipment use in or upon the Work, or in any way affect the conduct of
the Work, and no plea of misunderstanding will be considered on account of damage or
delay caused by his ignorance thereof.
Use Premises:
6.38 CON T RACTOR shall confine its apparatus, storage of materials, and operations of its workmen to
the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and
shall not unnecessarily encumber any part of the site or any areas off site.
6.38.1
CONTRACTOR shall not overload or permit any part of any structure to be loaded with
such weight as will endanger its safety, nor shall it subject any work to stresses or
pressures that will endanger it.
6.38.2
CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT
and CITY as well as their instructions with regard to signs, advertisements, fires and
smoking.
6.383
CONTRACTOR shall arrange and cooperate with CITY in routing and parking of
automobiles of its employees, subcontractors and other personnel, as well as that of the
material delivery trucks and other vehicles that come to the Project site.
6.38.4
The City will designate specific areas on the site for storage, parking, etc. and the job
site shall be fenced to protect the job site and the general public.
6.38.5
The CONTRACTOR shall furnish, install and maintain adequate construction office
facilities for all workers employed by it or by its Subcontractors. Temporary offices shall
be provided and located where directed and approved by the CONSULTANT. All such
facilities shall be furnished in strict accordance with existing governing regulations. Field
offices shall include telephone facilities.
Page 73 of 91
Protection of Existing Property Improvements:
6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or
utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated
on the Drawings or noted in the Specifications as being removed or altered shall be protected
from damage during construction of the Project. Any such improvements damaged during
construction of the Project shall be restored at the expense of the CONTRACTOR to a condition
equal to that existing at the time of award of Contract.
ARTICLE 7 — WORK BY OTHERS
7.1 The CITY may perform additional Work
therefore which shall contain General
afford the other contractors who are
performing the additional Work itself),
of materials and equipment and the
coordinate its Work with theirs.
related to the Project or may let other direct contracts
Conditions similar to these. The CONTRACTOR shall
parties to such direct contracts (or the CITY, if it is
reasonable opportunity for the introduction and storage
execution of Work, and shall properly connect and
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work
of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT
in writing any defects or deficiencies in such Work that render it unsuitable for the
CONTRACTOR's Work,
73 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and fit to receive or be received by such other
Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or
otherwise altering their Work and shall only cut or alter their Work with the written consent of
the CONSULTANT and of the other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the CITY is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be given
to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes
that the performance of such additional Work by the CITY or others will cause the CONTRACTOR
additional expense or entitles him to an extension of the Contract Time, he may make a claim
therefore as provided in Articles 11 and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors
or shall leave chases, slots and holes as required to receive and to conceal within the general
construction Work the work of such other separate contractors as directed by them. Where
such chases, slots; etc., are impracticable, the Work shall require specific approval of the
CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the
separate contractor requiring such alterations after approval of the CONTRACTOR. The
CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut
by them and such patching and finishing shall be at the expense of CONTRACTOR
Page 74 of 91
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work.
Each contractor shall coordinate their operation with those of the other Contractors for the best
interest of the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the
progress of the work of other contractors. Should lack of progress or defective workmanship on
the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR
shall notify the CONSULTANT immediately and in writing. Lack of such notice to the
CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of
other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work
resulting from lack
of notice, untimely notice,
failure to respond to
notice, Defective Work or
lack of coordination
shall be the CONTRACTOR's
cost.
ARTICLE 8— CITY'S RESPONSIBILITIES
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a
CONSULTANT whose status under the Contract Documents shall be that of the former
CONSULTANT.
83 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The
01 r`S
duties in respect
to providing iands and
easements are set forth in Paragraphs 411
and
4.2.
8.5 T he C. shall have the right to take possession of aria use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or
any portion thereof may not have expired; but such taking possession and use shall not be
deemed an acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION
City's Representative:
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties
and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S
representative during construction are set forth in Articles 1 through 16 of these General
Conditions and shall not be extended without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the
terms of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes
and other matters in question between the CITY and the CONSULTANT arising out of or
relating to this Contract or the breach thereof, shall be decided in a court of competent
jurisdiction within the State of Florida.
Visits to Site:
Page 75 of 91
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the
Work is proceeding in accordance with the Contract Documents. His efforts shall be directed
toward providing assurance for the CITY and all applicable regulatory agencies that construction
is in compliance with the Construction Documents and applicable laws, rules and regulations.
On the basis of these on site- observations as an experienced and qualified design professional,
he shall keep the CITY informed of the progress of the Work and shall guard the CITY against
defects and deficiencies in the Work of CONTRACTOR.
Clarifications and Interpretations:
93 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may
determine necessary, which shall be consistent with, or reasonably inferable from, the overall
intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price
or extension of Contract Time based on a written clarification and /or interpretation it shall be
required to submit a timely claim as provided in Articles 11 and 12.
Measurement of Quantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally
or vertically as required by the item measured.
Reiecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article 1. It shall also have authority to require special inspection or testing of the
Work including Work fabricated on or off site, installed or completed as provided. In the event
that the CONSULTANT requires testing of completed Work, the cost of such inspections and /or
testing shall be approved in writing by the CITY. All consequential cost of such inspections and
testing, including but not limited to the cost of testing and inspection, the cost of repairing any
of the Work, or the work of others, the cost to move furniture and equipment and /or the cost
to provide alternative facilities until the repair work can be completed, shall paid by the
CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings, Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see
paragraphs 6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and
12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for
Payment, etc., see Article 14.
Page 76 of 91
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques,
sequences or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing
any of the Work under or through them.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order
additions, deletions or revisions in or to the Work which shall only be authorized by a written
Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the
Contract Price or an extension or shortening of the rnntrnrt Timp nn ar•Illitmhia =riinctmnnt ,n,in
- - - - -- --_— - - - --..,._w-.....,. , �.._ ..w.._ u .� . �..., .. _....1
be made as provided in Article 11 or Article 12. A written Change Order signed by the CITY
MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order.
All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of
the change in the Work as well as to any change in the time to complete the Work under the
circumstances. The failure to include a time extension in the Change Order or in the request for
a change order shall result in a waiver of any extension of time due to the change in the work as
r
CIICl.LCU CU 111 111C %.IIdI%C VIUCI.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra
cost and "o - inco�l *fs ent with the overall intent of the Contract Documents without the need
for a formal written Change Order provided the CONTRACTOR does not request additional time
or additional compensation. These may be accomplished by a written Field Order. If the
CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field
Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of
Contract Time, it must submit a written notice of intent to demand a Change Order within
twenty four (24) hours of the issuance of the Field Order and submit a written proposal for
Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to
have waived such claim.
103 Additional Work performed by the CONTRACTOR without authorization of a written Change
Order shall not entitle it to an increase in the Contract Price or an extension of the Contract
Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided
in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering
changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an
emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change
in the Contract Time or the Contract Price which is approved by the CONSULTANT.
Page 77 of 91
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general
scope of the Work or change in the Contract Price or Contract Time and the amount of the
applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an
adjustment to the CITY before commencement of the Change Order Work. The Work shall be
stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any
such delay shall be charged to the CONTRACTOR.
ARTICLE 11— CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for
Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
the CONTRACTOR shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the
Contract, including but not limited to changes to or in:
11.21 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
11.23 CITY - furnished facilities, equipment, materials, services, or site; or
11.2.4 Acceleration in the performance of the Work.
113 Except as provided in
this section, or sections referred to in
this section, no
order, statement,
or
conduct
of the CITY
shall be treated as a Change Order
or entitle the
CONTRACTOR to
an
equitable adjustment unless and until the change in the Work is specifically and expressly
provided for in a written Change Order, or as otherwise provided in another section of the
Contract Documents,
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the
CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not
agree with the dollar amount of the Change Order. If any Change Order causes an increase or
decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of
the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely
agreement, an equitable adjustment based on the cost of the Work shall be made and the
Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the
equitable adjustment
made by the CONSULTANT, it shall, within ten
(10) calendar days after
receipt of a written
Change Order, submit to
the CITY and CONSULTANT a written notice
including a statement
setting forth the general
nature and monetary
extent of such claim for
equitable adjustment,
time extension requested
and supporting data.
In determining the cost
of the Change Order, the costs shall be limited to
those listed in section
11.7 and 11.8.
11.6 No claim by
the CONTRACTOR for an equitable adjustment
hereunder shall be
allowed if not
submitted in
accordance with this section or if asserted after
final payment under
this Contract.
11.7 The
value of
any Work
covered by a Change Order or of any claim for an increase or decrease in
the
Contract
Price shall
be determined
in one of
the
following
ways:
Page 78 of 91
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work
plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not
to exceed 15 %. If the CONTRACTOR disagrees with the CONSULTANTs determination of
reasonable costs, the CONTRACT shall provide a list of all costs together with backup
documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid
by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may
be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in
Miami -Dade County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of
the Work described in the Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on
the Work shall be apportioned on the basis of their time spent on the Work. Payroll
costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall
include social security contributions; unemplovment; excise and nayr0ll taxes, workers'
compensation, health and retirement benefits, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the
site. The expenses of performing Work after regular working hours, on Sunday or legal
holidays shall be included in the above only if authorized by CITY and provided it was
not in any way, whether in whole or in part the result of the fault of the CONTRACTOR
due to negligence of the CONTRACTOR or those acting by or through him or due in
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V V nvlc vI I I I JJUI L LV vcIIUL uvc V V V11%. V I U IC CON 1 RAC I VR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including
rOStS of transportation and storage, and IlIailufacturerS' field JC I., J required in
connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that
are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR
for the payment for items that offer a discount. Cash discounts shall accrue to
CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or
if the CITY deposits funds with CONTRACTOR with which to make payments in which
cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to
CITY, and CONTRACTOR shall make provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then
determine, with the advice of the CONSULTANT, which Bids will be accepted. No
subcontract shall be a cost plus contract unless approved in writing by the CITY. If a
Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work
plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and
in such case the word "Subcontractor" shall be substituted for the word
"CONTRACTOR ".
Page 79 of 91
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts
thereof whether rented from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of CONSULTANT, and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof - all in
accordance with terms of said rental agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the
Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be
shown as a separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as
telegrams, long distance
telephone calls,
telephone service at
the
site, expressage and
similar petty cash items in
connection with
the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of
changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the
Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals
(of partnership and sole proprietorships), general managers, CONSULTANTS, architects,
estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in its principal or a branch office for
general administration of the Work and not specifically included in the schedule
referred to in Subparagraph 11.51
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.93 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against CONTRACTOR for delinquent
payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not
CONTRACTOR is required by the Contract Documents to purchase and maintain the
same (except as otherwise provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable,
including but not limited to, the correction of defective work, disposal of materials or
equipment wrongly supplied and making good any damage to property.
Page 80 of 91
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 11.8,
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall
be determined as follows:
11.10.1
A
mutually
acceptable
firm fixed price; or if none can be agreed upon.
11.10.2
A
mutually
acceptable
fixed percentage
(not to
exceed 15%).
11.11 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results
in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the
same manner as provided in 11.8. When both additions and credits are involved in any one
change, the net shall be computed to include overhead and profit, identified separately, for
both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim
lost profits for any Work not performed.
ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of
the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on
the date specified in the Notice to Proceed and completed within the time specified for
completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full
completion within the Contract Times It is avnracciv sindnrctnnfl mnri orrroorl t+•, -+ A tom,. +.....,...
- - - - - -- ---- - ----- - -- ....._. ._ ._ ....,.,....,...� ............,....... w..0 •+51.. 1 my anu vcwvccu
the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work
described herein is a reasonable time, taking into consideration the average climatic and
economic conditions and other factors prevailing in the locality of the !A1ork. No extension of
time shall be granted due conditions that the Contractor knew of or should have known of
before bidding on the project or due to inclement weather, except as provided in section 123.
123 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of
time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated
damages as specified in the Contract Documents for each calendar day after the scheduled date
for completion as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its
inability to obtain full use of the Project. Liquidated damages are hereby fixed and
agreed .upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained as a consequence of such delay, and both
parties desiring to obviate any question or dispute concerning the amount of said
damages and the cost and effect of the failure of CONTRACTOR to complete the
Contract on time. The above - stated liquidated damages shall apply separately to each
phase of the Project for which a time for completion is given.
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR
for the Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension
in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT
3
4P /8 4u
within five (5) business days of the occurrence of the event giving rise to the claim and stating
the general nature of the claim including supporting data. All claims for adjustment in the
Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by
the CITY'S representative. Any change in the Contract Time resulting from any such claim shall
be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration
of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for
such Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
123 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not
be granted unless the weather was unusual for South Florida and could not have been
anticipated, the abnormal weather is documented by records from the national weather service
and the abnormal weather is documented to have had a substantial affected on the
construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages
due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then
the damages shall be limited to increased cost of materials that were unanticipated and that
would not have been incurred but for the delay. Other than as set forth above, the only remedy
for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall
be the sole and exclusive remedy for such resulting delay. Other than as set forth above,
CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from CITY for direct, indirect, consequential, impact or other costs,
expenses or damages, including but not limited to, costs of acceleration or inefficiency,
overhead or lost profits, arising because of delay, disruption, interference or hindrance from any
cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the
21St day following the date of the event upon which the claim is based.
ARTICLE 13 — GUARANTEE
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer
or the CONTRACTOR directly, all materials and equipment furnished and Work performed for
patent Defective Work for a period of one (1) year from the date of Final Acceptance as
indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when
the defect was first observable, whichever is later. The same guarantee and unconditional
warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will
give notice of observed defects with reasonable promptness. In the event that the
CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar
days after having received written notice of the defect, or should the CONTRACTOR commence
the corrective work, but fail to prosecute the corrective work continuously and diligently and in
Page 82 of 91
accordance with the Contract Documents, applicable law, rules and regulations, the CITY may
declare an event of default, terminate the Contract in whole or in part and cause the Defective
Work to be removed or corrected and to complete the Word at the CONTRACTOR's expense,
and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond
shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of
time listed in Section 13.1, shall take precedence over Section 13.11
ARTICLE 14 - PAYMENTS AND COMPLETION
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance
of a Notice to Proceed on the form described in the Contract Documents and the issuance by
the City of a "purchase order ", or any other document, does not and shall not authorize the
commencement of the Work. At least ten (10) calendar days before each progress payment falls
due (but not more often than once a monthl. the CONTRArrnR Shan cuhmi+ +n +ho
- 11,.11 mow.,.....
CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the
Work performed during the period covered by the partial payment estimate and supported by
such data as the CONSULTANT may reasonably require. All progress payment applications after
the first progress payment shall be accompanied by partial releases of lien executed by all
persons, firms and corporations who have furnished labor, services or materials incorporated
into the work during the period of time for which the previous progress payment was made,
r cicpJ111s JIAUI l.1p 1111) a11U IIeII I lb'II W, 11 dlly, VI IfIVSC persons,
If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at or near site, the partial payment estimate shall also be
accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title
to the material and equipment as well as certificates of insurance providing coverage for 100%
of the value of said material and equipment covering the material and equipment from all
casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its
expense any stored materials paid for which are either damaged or stolen before installation.
The CONSULTANT will within ten (10) calendar days after receipt of each partial payment
estimate, either certifying in writing its approval of payment and present the partial payment
estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in
writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may
make the necessary corrections and resubmit the partial payment estimate. The CITY, will
within thirty (30) calendar days of presentation to it of any approved partial payment estimate,
pay the CONTRACTOR a progress payment on the basis of the approved partial payment
estimate. The CITY shall retain ten (10 %) percent of the amount of each payment until Final
Completion and Acceptance of all Work covered by the Contract Documents. Any interest
earned on the retainage shall accrue to the benefit of the CITY.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's
Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final
releases of lien executed by all persons who have performed or furnished labor, services or
materials, directly or indirectly, which was incorporated into the Work. if any person refuses to
Page 83 of 91
provide such a release or provides a conditional release, the CITY shall have the right to issue a
joint check made payable to the CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by an Application for Payment whether the Work, material or equipment is
incorporated in the Project or not, shall have passed to the CITY prior to the making of the
Application for Payment, free and clear of all liens, claims, security interest and encumbrances
(hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or
equipment, covered by an Application for Payment, will have been acquired by the
CONTRACTOR or by any other person performing the Work at the site or furnishing materials
and equipment for the Project, under or pursuant to an agreement under which an interest
therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTNT's approval of any payment requested in an Application for Payment shall
constitute a representation by him to the CITY, based on the CONSULTANT's on site
observations of the Work in progress as an experienced and qualified design professional and on
his review of the Application for Payment and supporting data, that the Work has progressed to
the point indicated in the Application for Payment; that, to the best his knowledge, information
and belief, the quality of the Work is in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning Project upon substantial completion as defined in Article
1, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the
amount approved. However, by approving, any such payment the CONSULTANT shall not
thereby be deemed to have represented that he made exhaustive or continuous on -site
observations to check the quality or the quantity of the Work, or that he has reviewed the
means, methods, techniques, sequences and procedures of construction or that he had made
any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys
paid or to be paid to him on account of the Contract Price, or that title to any Work, materials,
or equipment has passed to the CITY free and clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used
in the construction of this Work and that all materials included in this request for payment and
not yet incorporated into the construction are now on the site or stored at an approved
location, and payment received from the last request for payment has been used to make
payments to all his Subcontractors and suppliers, except for the amounts listed below beside
the names of the persons who performed work or supplied materials ".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the
same amount of money shall be withheld from the CONTRACTOR's payment until the issue is
resolved by written agreement between them and then a joint check shall be made payable to
the person in question and the CONTRACTOR in accordance with the settlement agreement,
otherwise the money shall be held by the CITY until a judgment is entered in favor of the
Page 84 of 91
CONTRACTOR or the person, in which case the money shall be paid according with said
judgment. Nothing contained herein shall indicate an intent to benefit any third persons who
are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion,
it is unable to make such representations to the CITY as required this Section 14. It may also
refuse to approve any payment, or it may void any prior payment application certification
because of subsequently discovered evidence or the results of subsequent inspection or tests to
such extent as may be necessary in its opinion to protect the CITY from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or
replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating
the probable filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article
13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by
paragraphs 6.29 and 6.30,
14.63 of persistent failure to cooperate with other contractors on the Project and persistent
failure to carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract
r1n�N�mente
14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any
comnleted or substantially completed portions of the Work provided such use does not
interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an
acceptance of such portions of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered
by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR
of the sole responsibility for the care and protection of the Work, or the restoration of any
damaged Work except such as may be caused by agents or employees of the CITY.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate
attached to the Final Application for Payment that the Work has been accepted by it under the
conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR,
including the retained percentages, but except such sums as may be lawfully retained by the
CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and
acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables
Vendor with the City. The Bank of America ePayables Solution is an automated card payment
process that shifts accounts payable disbursements to corporate purchasing cards. ePayables,
streamline the process of making payments to your organization going forward, the City will
provide the CONTRACTOR with a credit card account number to keep on file. This card has
Page 85 of 91
unique security features, with $0 of available funds until an invoice is approved for payment.
After an invoice has received proper and complete approval, an electronic remittance advice will
be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred
in to the account linked to the card for the amount listed on the invoice and /or remittance
email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact
the CITY's Finance department at (305) 663 -6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to
the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims
previously filed and unresolved. The waiver shall include all things done or furnished in
connection with the Work and for every act and neglect of the CITY and others relating to or
arising out of this Work. Any payment, however, final or otherwise, shall not release the
CONTRACTOR or its sureties from any obligations under the Contract Documents or the
Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of
the Work as may be necessary in his opinion to protect the CITY from loss if he determines,
because of subsequently discovered evidence or the results of subsequent inspection or tests,
that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault
of the CONTRACTOR or any individual or entity operating under or through it requiring
correction or replacement to the extent that the project is no longer Substantially
Completed, or in the case of Final Completion certification, is no longer Finally
Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating
the probable filing or receipt thereof that, if valid and paid, would reduce the amount
owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the
case of Final Completion.
14.12.5 there is Defective Work the value of which, if deducted from the contract price would
reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial
Completion and 5% in the case of Final Completion.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and
the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR
shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both,
directly attributable to any suspension and if a claim is timely made and if it is allowed under the
terms of Articles 11 or Article 12.
City May Terminate
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15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for
the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for
any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize
under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or
suitable materials or equipment, or if he repeatedly fails to make prompt payments to
Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or if he disregards the authority of
the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the
CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and
the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR
and take possession of the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by
whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct and indirect costs of completing the Project, including compensation for
additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay
the difference to the CITY. Such costs incurred by the CITY shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of
competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and
obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been
issued pursuant to Section 15.5
153 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall
not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter
accrue. Any retentinn or payment of moneys by the CITY due the CONTRACTOR shall not
release the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the
CITY may, without cause and without prejudice to any other right or remedy, elect to terminate
the Contract for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all
Work executed and accepted by the CITY as of the date of the termination, minus any deduction
for damage or Defective Work. No payment shall be made for profit for Work which has not
been performed.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its
equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove
such equipment and supplies, the CITY shall have the right to remove them at the expense of
the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or
damage to such equipment or supplies. Equipment and supplies shall not be construed to
include such items for which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
Page 97 of 91
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of
court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar
days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the
CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the
CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the
CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the
twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be
considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act
on an Application for Payment or the CITY has failed to make any payment as afore said, the
CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop
the Work until it has been paid all amounts then due.
Indemnification of Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to
rule on any disputes concerning the Contract Documents or on the performance of the
CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the
CITY or the CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT
with a written indemnification and hold harmless agreement to indemnify and hold the
CONSULTANT harmless before the CONSULTANT makes an interpretation, de- certifies a
payment application, decertifies Substantial Completion, decertifies Final Completion, certifies
an event of default, or approves any action which requires the approval of the CONSULTANT.
ARTICLE 16 - MISCELLANEOUS
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall
be deemed to have been validly given if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon
completion of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and
Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in
particular but without limitation, the warranties, guarantees and obligations imposed upon
CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and
CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law, by special guarantee or by other
provisions of the Contract Documents,
16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because
of any error, omission, or act of the other or of any of their employees or agents or others for
whose acts they are legally liable, claim shall be made in writing to the other party within twenty
one (21) calendar days of the first observance of such injury or damage.
rh T
ARTICLE 17 a WAIVER OF JURY TRIAL
17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right
either may have to a trial by jury in State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance
of the Work thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW
18.1 The Contract shall be construed in accordance with and governed by the law of the State of
Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding
any claim or action arising out of or relating to the Contract or Contract Documents. Venue of
any action to enforce the Contract shall be in Miami -Dade County, Florida.
183 If either the CITY or CONTRACTOR seeks to enforce
proceedings, the prevailing party shall be entitled to
including, but not limited to, court costs, and reasonable
18.4 Except as may be otherwise provided in the Contract
disputes and other matters in question between the CITI
relating to this Contract or the breach thereof, shall
jurisdiction within the State of Florida.
ARTICLE 19 - PROJECT RECORDS
the terms of the Contract by court
recover all such costs and expenses,
attorney's fees.
Documents, all claims, counterclaims,
and the CONTRACTOR arising out of or
be decided in a court of competent
19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense,
the books and records and accounts of CONTRACTOR which relate in any way to the Project, and
to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the
financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR
shall retain and make available to CITY all such books and records and accounts, financial or
otherwise, which relate to the Project and to any claim for a period of three (3) years following
final completion of the Project. During the Project and the three (3) year period following final
completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon
five (5) business day's written notice.
ARTICLE 20 - SEVERABILITY
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
ARTICLE 21— INDEPENDENT CONTRACTOR
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by
the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax
Page 89 of 91
ft
&,
responsibilities, social security and health insurance, employee benefits, purchasing policies and
other similar administrative procedures, applicable to services rendered under the Contract
shall be those of the CONTRACTOR.
IN WITNESS WHEREOF, the parties hereto have executed,the General Conditions to acknowledge their
inclusion as part of the Contract on this i? day of , 20
CONTRACTOR:
Signature:
Name( ► .X� d
Title: \ vu�S �( .e Ch ✓
AUTHENTICATION: OWNER: CITY OF SOUT AN
Signatu e: Signature:
aria Menendez Ste Al der.
City Clerk City Manager
Read and App
Legality, and E
Si
:o Form,
Thereof:
[END OF SECTION]
Page 90 of 91