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Subject:
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Background:
Expense:
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members of ~JCity Commission
Hector Mirabile, Ph.D, City Manager ;;, (
Keith A, Ng, CFM, Operations Mana6er
1001
Public Works & Engineering and Construction Di . ion 1-7
November 8, 2011 Agenda Item No.:J
Construction Contract with JVA Engineering Contractor, Inc. for Citywide
Sidewalk Repair Project Phase II -Downtown Area.
A resolution for the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute construction contract with
JVA Engineering Contractor, Inc., in the amount of $22,325.10 for the
Citywide Sidewalk Repair Project Phase II to be charged to the People's
Transportation Plan (PTP), Account Number 124-1730-541-6490.
In an effort to address public safety concerns, it is the City's intent to
perform citywide sidewalk repairs to the downtown and business areas in
an effort to eliminate tripping hazards. The above-mentioned areas are
delineated by Sunset Drive (known as SW 72 0d Street) to the north, SW 80th
Street to the south, Red Road (known as SW 57th Avenue) to the east and
US 1 to the west. An extensive inspection of sidewalks in the area was
conducted to identify cracks and uneven sidewalks caused by heaving from
tree roots. The City received three (3) quotes in response to the solicitation
-JVA Engineering Contractor Inc., Palm Construction Inc. and T J
Pavement Corp. at $22,345.10, $22,440.00 and $23,845.00 respectively.
Pursuant to review and negotiations, it was determined that JVA
Engineering Contractor Inc. was the lowest, responsive and responsible
bidder for this project.
$22,345.10
The expenditure is to be charged to the People's Transportation Plan
Account Number 124-1730-541-6490 with an account balance of
$707,750.00 before this request was made.
Backup Documentation:
Q Proposed Resolution
Q Bid Proposals
Q Contract Agreement and General Conditions
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RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to execute a construction contract with JVA
Engineering Contractor, Inc. in the amount of $22,325.15 for Citywide Sidewalk Repair
Project to be charged People's Transportation Plan account number 124-1730-541-6490.
WHEREAS, the Mayor and City Commission wishes to provide sidewalk repair delineated by SW 72 0d
Street (a.k.a. Sunset Drive) to the north, SW 80'h Street to the south, Red Road (a.k.a. SW 57'h Avenue) to the east,
and US1 to the west; and
WHEREAS, The City received three (3) quotes in response to the solicitation for sidewalk repairs from JVA
Engineering Contractor Inc., Palm Construction Inc. and T J Pavement Corp. at $22,345.80, $22,440.00 and
$23,845.00 respectively; and
WHEREAS, JVA Engineering Contractor Inc with a bid of $22,325.15 is the lowest, responsive and
responsible bidder for Citywide Sidewalk Repair Phase II; and .
WHEREAS, the total construction cost for all of the work, including the additional work, is an'amount not to
exceed $22,325.15 to be funded by People's Transportation Plan, account number 124-1730-541-6490.
WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute an
construction contract with JVA Engineering Contractor Inc. for Citywide Sidewalk repair Phase II in an amount of
$22,325.15 for all of the work
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 hereby authorized to execute a construction contract and issue a
purchase order to JVA Engineering Contractor Inc. for the Citywide Sidewalk repair Project in the amount not to
exceed $22,325.15; and
Section 2: The expenditure shall be charged to the People's Transportation Plan, account
number 124-1730-541-6490, with account balance of $707,750 before this resolution was adopted.
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 become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this ___ day of ______ , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
6600 NW nnd Avt
Miami, fl33147
Tel; (30S) 696·;<)02
Fa~, (305) 6%·7%3
PROPOSAL
SUBMITIED TO: City of South Miami
NAME
PROJECT:
ADDRESS:
City Sidewalk Repair Phase
CityWide
ADDRESS: CITY/STATE: Miami, FL 33155
DATE: 11/10/2011 CITY/STATE,
PHONE: 305668·7354 E·MAll: kng@southmiamlfl.qov
DESCRIPTION OF WORK TO BE PERFORMED
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
We prooo,ed Jall material"laborand 'the follow Sec oe of W "k:
I~ I Unit
iii
;
I I I
NOTE:
Permit fees Additionallnstlrante fees densities proctors Impact fees and pad certification not included
Adjust remove relocate or hold e~isting utilities not Included
Qlv lin" P"M
Any downtime as a result of unforeseen tonditions or work being perform~£!...Rv.Qthers affecting areas where JVA can
not complete their task wi!! be paid by owner/contractor
This proposal Is based on work being compJet(Jd during the hours of 7:00 am and 5:00 pm Monday through Friday.
Excluding holidays and weekends.
Grades by others shall ~1.1!:!j.Q .. :.!-.L: ... O.l fool ... <?iplan design prior 10 scheduling !VA to mobilizing to begin W9~".
Any downtime due to conflicting utilities will be paid by owner
No work other than specifies above is included in this prooosal.
EXCLUSIONS:
Removal of e.xlstlng trees
Removal of existing lighting poles
Removal of existing chain link fence
Removal of existing fencEt
Removal of existing material excavation relocation or import fill material.
The work and performed by tho Co may result in ~ lien bolng pla<ed o~ the premises described above. In <3SO the ownor
Of contfactor default it, In any payment uMer till, contract.
Owner hereby agree. tn .«ept full re'p<>n,lbllity for aU fente,. sidewalks, 011 underground pipe" wires, .eptlc tan~'.
drain lines, well, etc. uol •• , ""ted above.
Owner I, !f.ble In full amount of conl¥act 10 tile event owner CIIncal .lier wn,k II ••• tarted.
The Co .h311 not be responsible for dom.lge Of delay. do to ,trike" fir"" ".;eldent •• Of t~e olher. cuv,e beyond It.
control, not for Inll.rent Mfe<;t. In the W.ml •• , on which wOfk to be <:lone.
In the event of any default of ~hl' contract by OWMr-<lWMI ~g'ees 10 p~y ~II co,t ~nd fe3son.ble altomey' fees !ncu,,~d
by !VA Englnc~llng Contr~~tor, Inc. ~, a lewlt of s~ld <:Ielaul!.
All mateli~1$ ~re gueranteed 10 be 3$ sll.ciOed. All WOf~ to be comllfeted in a wo,km~n like m~nner ~C~0Idln8 to standard
practlce$. Any alle,ation or <:leviation from above .pe<:lfi<~tIQn~ Involvlng extra cost will be exe<:vted only upon written
ord .... and wm b.oome an extra charge Qver and abov" the es1!mat~.
This prQPQs.1 ,ubJec~ to a.;eeptance within _N.. d~y, and Is void the,e3lier ~t the optloo Qf Ihe und~f ,Igned.
Work Ih~1I begin 10 <:I~Y1' of this conv~ct being ~lgMd by allp3rtle. here and retum to the co.
WE HEREBY PROPOSE TO fURNISH lABOR AND MATERIAts COMPLETE IN ACCORDANCE WITH WE ABOVE
SPECIFICATIONS, FOR THE SUM OF: TWENTY TWO THOUSAND THREE HUNDRfD TWENTY fIVE
AND TEN CENTS ($22,~2S.10)
WITH PAYMENT TO BE MADE AS FOLLOWS: InVOice
Authoriled Signaturt:
ACCEPTANCE OF CONTRACT
Tile above prices, specifications and conditlon$ and ~onditions are hereby a~~epttd. You are to do the work as
speclfled payment wlll be made as outlined above.
Accepted by: Signature: Date: _____ _
Total
$14G1
~
JVA Engineering Contractor, inc.
BID FORM
Citywide Sidewalk Repair Phase II
City of South Miami
Public Works Department
Engineering & Construction Division
Schedule of Values
Citywide Sidewalk Repair Phase II
Item Description
1 Mobilization
2 Maintenance of Traffic
3 Clearing and Grubbing ---,-------
4 Concrete Removal
5 4" Concrete Sidewalk
6 Root Barrier/Uner
7 Performance & Payment Bond
-
-_ .. ,-,._., .. ,-.-'."."-.. ----._-----",--_._ ... _-_ .. ,." ... _"--,,'-,,_.-
JVA Engineering Contractor, Inc.
Quantity Unit Unit Price
1 LS \ ISSG ,
1 LS _39~L_.
1 lS l s a ,) ---
430 SY 4 \0
.. 430 SY :A '20
60 FT la
SUBTOTAL
""---.-.. -.-"-'-~ .. -.. ,.-" .... ,----.. --,,-" , " ._,-, ... ,.,-,.,,",---",.,----,,'-----'" .. , -", .. ........ .-, .. ".
8 Contingency (10% of Subtotal) -Allowances for unforseen Conditions.
TOTAL
Scope 01 Work
Total Price
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$ \OJ '64 _ 10
$v?5ZS ~
• The scope of work is to perform repair work to existing sidewalks in the City of South Miami,
specifically in the area from Sunset Drive to the north, US 1, SW 80lh Street to the south, and
SW57th Avenue (Red Road) to the east.
• Work covered under this contract shall include and is not limited to maintenance of traffic, clearing
and grubbing, concrete placement, concrete removal and disposal.
• Repair work will be delineated at the site prior to construction. Additional areas may be
designated.
• The proposal shall be paid as a lump sum.
• Site Map is attached as reference
• All work shall comply with applicable standards, including but not limited to the Flarida Department
of Transportation, Miami-Dade Counrty Public Works Standards.
..
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PROPOSAL TO:
BID PROPOSAL
CITY OF SOUTH MIAMI
4795 SW 75 'h Avenue
South Miami, Florida 33155
PALM CONSTRUCTION AND DESIGN GROUP, INC. hereby proposes to furnish all labor,
material, equipment, tools and services necessary to perform all work required for the project
titled, "CITYWIDE SIDEWALK REPAIR PHASE 2", in accordance with the quantities provided
by the owner.
Dated: __ --'.1..!.1-.,.,,3'--1""1'--___ _
Carlos D. Rolle. President
(Printed Name and title)
c~c9E\~
(Signature)
12491 SW 134 Ct, #20 Miami, FI 3
(Address/City/StateIZip)
786-251-9289
(Telephone IFax)
crolle@palmengineering.com
(Email Address)
32-0193004
(FEIN or SSN)
BP-l
BID FORM
Citywide Sidewalk Repair Phase II
Palm Construction and Design Group, Inc.
Item Descri ption Quantity Unit Unit Price Total Price
1 Mobilization 1 LS $ 1,500.00 $ 1,500.00
2 Maintenance of Traffic 1 LS $ 860.00 $ 860.00
3 Clearing and Grubbing 1 LS $ 1,000.00 $ 1,000.00
4 Concrete Removal 430 SY $ 7.00 $ 3,010.00
5 4" Concrete Sidewalk 430 SY $ 26.00 $ 11,180.00
6 Root Barrier/Liner 60 FT $ 30.00 $ 1,800.00
SUBTOTAL $ 19,350.00
7 Performance & Payment Bond $ 1,161.00
8 Contingency (10% of Subtotal) -Allowances for unforseen Conditions. $ 1,935.00
TOTAL $ 22,446.00
Scope of Work
• The scope of work is to perform repair work to existing sidewalks in the City of South Miami,
specifically in the area from Sunset Drive to the north, US 1, SW 80'h Street to the south, and
SW57th Avenue (Red Road) to the east.
• This work excludes decorative concrete work.
• This work excludes work on Sunset Drive.
• Work covered under this contract shall include and is not limited to maintenance of traffic,
clearing and grubbing, concrete placement, concrete removal and disposal.
• Repair work will be delineated at the site prior to construction. Additional areas may be
designated.
• The proposal shall be paid as a lump sum.
• Standard Drawing R 13.1 is attached as reference
• All work shall comply with applicable standards, including but not limited to the Florida
Department of Transportation, Miami-Dade Counrty Public Works Standards.
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BID FORM
Citywide Sidewalk Repair Phase II
City of South Miami
Public Works Department
Engineering & Construction Division
Schedule of Values
Citywide Sidewalk Repair Phase II
Item Description
1 Mobilization
2 Maintenance ofTraffic
3 Clearing and Grubbing
4 Concrete Removal
S 4" Concrete Sidewalk
6 Root Barrier/liner
7 Performance & Payment Bond
.. -
.
.'-"'---'"""-_'"-_ .................. _--_._ •.... _ .•. _-... __ .. _ ......... -_ ... _ ........... -.
Quantity
1
1
1 ....
430
430
60
"."-,~--'""-.. -~-~""
Unit Unit Price
LS I, "tiCiO
LS '~5JO.
LS t 2,00
SY , A """ 4.T
SY 3""1' O .. ~\
FT \'2.,
SUBTOTAL
""-.""--"-"~'"--.-,.'--.. -,---... -""-,-----,--.---"--"' .. -... _".
8 Contingency (10% of Subtotal) -Allowances for unforseen Conditions.
TOTAL
Scope of Work
Total Price
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• The scope of work is to perform repair work to existing sidewalks in the City of South Miami,
specifically in the area from Sunset Drive to the north, us 1, SW 80'h Street to the south, and
SW57th Avenue (Red Road) to the east.
.
~
• Work covered under this contract shall include and is not limited to maintenance of traffic, clearing
and grubbing, concrete placement, concrete removal and disposal.
• Repair work will be delineoted at the site prior to construction. Additional areas may be
designated.
• The proposal shall be paid as a lump sum.
• Site Map is attached as reference
• All work shall comply with applicable standards, including but not limited to the Florida Department
of Transportation, Miami-Dade Counrty Public Works Standards.
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CONTRACT
, P. ..
THIS CONTRACT was made and entered into on this day of , 20 I I, by and
between IVA Engineering Contractor. Inc. hereafter referred to as "Contractor", and the City of South
Miami, hereafter referred to as "Owner".
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I, The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation
necessary to perform all of the work shown on the
2, Drawings and described in the Project Manual the Contractor shall furnish all the materials, and perform all
of the Work as provided for in the Bid Documents and Construction Documents, drawings, plans,
specifications and General Conditions of the documents and shall do everything required by this Contract
and the other Contract Documents,
3, The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a written order of the Owner and shall complete all Work hereunder within the length of time stipulated
in the Bid,
4, The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount
of:
Twenty-two thousand three hundred twenty-five and 1011 00 . (written dollars amount)
($22.325.10) Lump Sum.
5, The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and
approved estimate of Work performed during each calendar month by the Contractor, less the retainage
provided in the General Conditions, which is to be withheld by the Owner until completion and acceptance
of the complete project in accordance with this Contract and until such Work has been accepted by the
Owner.
6, Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, materials bills,
and other costs incurred by the Contractor in connection with the construction of the Work have been
paid in full, final payment on account of this Contract shall be made within sixty (60) days after the
completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by
the Owner.
7, In the event that the Contractor shall fail to complete the Work within the time limit stipulated on the Bid
Form in #5, or the extended time limit agreed upon, as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of $388 per day, plus any monies paid by the City
to the Consultant for additional engineering and inspection services associated with such delay.
8, It is further mutually agreed between the parties hereto that if, at any time after the execution of this
Contract and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall
deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to
be adequate to cover the performance of the Work, the Contractor shall, at its expense within five (5) days
after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and
amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further
payment to the Contractor shall be deemed to be due under this Contract until such new or additional
security for the faithful performance of the Work is furnished in manner and form satisfactory to the
Owner.
9, No additional Work or extras shall be done unless the same is duly authorized by appropriate action by the
Party of the Owner,
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above
written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be
deemed an original Contract. .
WITNESSES
-------------------------
AUTHENTICATION:
Signature:
Maria M. Menendez, CMC
City Clerk
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF:
SIGNATURE: ----,,--c---------
THOMAS PEPE, ESQ.
CiTY ATTORNEY
CONTRACTOR
Signature:
Name:
----"------Title:
OWNER: CITY OF SOUTH MIAMI
Signature:
Hector Mirabile, PhD
City Manager
GENERAL CONDITIONS
ARTICLE I -Definitions
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall
have the meaning indicated. These definitions shall always apply when the section of the Contract specifically
refers to this article for the purpose of interpreting a word or group of words in that section of the Contract
Documents. However, when the section of the Contract, where the word to be defined is used, does not
specifically refers to this article to define the word or group of words, these definitions shall not apply unless the
word, in the context of its use in the Contract Document in question, is ambiguous and open for interpretation.
In addition, these definitions shall also not apply to contradict a definition that is given in a specific provision of a
Contract Document:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the
Contract Documents, Drawings and Specifications. by addition, deletions, clarifications or correction.
Application for Payment: The form furnished by the CONSULTANT which is to be used by the
CONTRACTOR in requesting progress payments.
Bid: the offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the
Work to be performed.
BIDDER: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law
of the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after execution of the
Contract.
CITY: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143.
Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work
performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the
CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this
representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract all
Bid Documents including but not limited to the Invitation to Bid, CONTRACTOR'S Bid, the Bonds Insurance
Certificates and the Notice of Award, the Notice to Proceed, these General Conditions, Special Conditions, if
any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated
specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction
Change Directives and any written order for a minor change in the Work, and written modifications to any of
the Contract Documents and Acknowledgment of Conformance with the City of South Miami.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S
governing body.
CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as
designated by the CITY in writing and delivered to the CONTRACTOR.
Day: A calendar day of twenty-four hours measured from the beginning of the day at 12:0 I a.m.
Days The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I 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 Worl" Work that is unsatisfactory, -faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection. reference standard, test, or
approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S
recommendation of final payment (unless responsibility for the protection thereof has been delegated to the
City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and
equipment; materials and equipment furnished under the Contract that are not good quality and new unless
otherwise required or permitted by the Contract Documents.
Drawings: The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by the CONSULTANT and are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract
Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with
paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in
accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract,
it must be in writing and signed by the party against whom the modification is sought to be enforced.
Notice of Award: The written notice by CITY to the apparent successful BIDDER stating that upon compliance
with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the
Contract to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULT ANT) fixing
the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to
perform its obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the
equipment, material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by
which the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or
a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the
Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or
limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such
certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall
the project, or portion thereof, be deemed to be substantially completed until a certificate of occupancy or
certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial
Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate
information, from any source, or when it would not have been issue but for the consideration of Work that is
thereafter found to be defective to a degree greater than that which would normally to be considered by the
City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the
fabrication of an item, but who does not perform labor at the site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for
the full and faithful performance of the Contract and for the payment of all labor, services and materials used on
the project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and
completion of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or to an authorized representative of such individual,
firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless
otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to
the CITY's Manager and the CONSULTANT.
ARTICLE 2 -Preliminary Matters
Award:
2.1 The CITY reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the
CITY to the lowest responsive and responsible BIDDER. No Notice of Award shall be given until the CITY
has concluded such investigations as it deems necessary to establish the responSibility, qualifications and
financial ability of the BIDDER to complete the Work in accordance with the Contract Documents to the
satisfact'lon of the CITY within the time prescribed. The CITY reserves the right to reject the Bid of any
BIDDER who does not pass such investigation to the CITY'S satisfaction. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful BIDDER a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance. the written notice of designated supervisor or superintendent as provided in Section 6.1 of the
General Conditions and such other Documents as required by the Contract Documents shall be executed
and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of
Award.
Forfeiture of Bid Security/Performance and Payment Bond:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered in such Contract as
well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance
Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any
patent defective or faulty Work or materials which appear within one year after final completion of
the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or
materials which appear within five year after final completion of the Contract.
2.3.3 Pursuant to the requirements of Section 255.05( I), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety. having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY will accept a surety bond from a company with a rating A:VII or better.
2.3.7 Failure of the successful BIDDER to execute and deliver the Contract and deliver the required
bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul
the Notice of Award and declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications and
made such ·additional surveys and investigations as it deems necessary for the performance of the Work
reflected in the Contract Documents and that he has correlated the results of all such data with the
requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the
date on which the Contract Time commences to run, except with the written consent of the CITY
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements. It
shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover;
however, it shall not be liable to CITY or CONSULTANT for its failure to discover any conflict, error, or
discrepancy in the Drawings or Specifications.
Schedule of Completion:
2.8 Within Five (5) days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR
shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and
completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing
submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7)
days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility
for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions.
2.9 Within five (5) days after delivery of the executed Contract by CITY to CONTRACTOR, but before
starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to
establish procedures for handling Shop Drawings and other submissions, and for processing Applications for
Payment, and to establish a working understanding between the parties as to the Project. Present at the
conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives,
CONTRACTOR and its Superintendent.
Oualifications of Subcontractors. Material men and Suppliers:
2.10 Within five (5) calendar days after bid opening, the apparent lowest responsive and responsible BIDDER
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of
materials or equipment) proposed for those portions of the Work as to which the identity of
Subcontractors and other persons and organizations must be submitted as specified in the Contract
Documents. Within thirty (30) working days after receiving the list, the CONSULTANT will notify the
CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to
make objection to any Subcontractor, person, or organization on the list within thirty (30) days of the
receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of
any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or
the CONSULTANT to reject defective Work, material or equipment, or any Work, material or
equipment not in conformance with the requirements of the Contract Documents.
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,
subm'it an acceptable substitute without an increase in its bid price.
ARTICLf. 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 I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by
all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract
Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the
CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of
conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the
maximum benefit to the City shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning
shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place
and ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous
items and accessories shall be of the same quality standards, including material, style, finish, strength,
class, weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT
before installation. The above requirement is not intended to include major components not covered
by or inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the
Work shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under
this Contract rain proof, and for making equipment and utility installations properly perform the
specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications,
the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before
proceeding with construction in the area where the problem limitation exists.
3.7 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 shall use the brand, make and
model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.1 DAII technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.llln the event that there is a conflict between or among the Contract Documents, only the latest version shall
apply and the latest version of following documents are set forth in the order of their precedence sO
that all the documents listed above a given document shall have precedence over all the documents
listed below it.
(a) Amendments and Change Orders
(b) Addenda, Witotho,,,
(c) Drawings
(d) Draw'lngs of a larger scale
(e) Drawings of a smaller scale
(f) Written dimensions
(g) Scaled dimensions
(h) Specifications, having
(i) Contract with all Exhibits thereto
0) Special Conditions; and
(k) General Conditions
ARTICLE. 4 -Availability of Lands Subsurface Conditions Reference Paints
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 (or all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4. The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
5. The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed
preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that
he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or
obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection
of the site, including all exploratory work done by the CITY! CONSULTANT on the site or any
contiguous site, as well as from information presented by the Drawings and Specifications made part of
this Contract, or any other information made available to it prior to receipt of bids. Any failure by the
CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility
for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no
responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the
information made available by the CITY! CONSULTANT.
Differing Site Conditions:
6. The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
i. Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
7. 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
AlA Insurance Provision
5.0 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor
from claims set forth below which may arise out of or result from the Contractor's operations under
the Contract and for which the Contractor may be legally liable, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable:
5.0.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
5.0.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees;
5.0.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other
than the Contractor's employees;
5.0.4 Claims for damages insured by usual personal injury liability coverage;
5.0.5 Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property, including loss of use resulting therefrom;
5.0.6 Claims for damages because of bodily injury, death of a person or property damage arising out
of ownership, maintenance or use of a motor vehicle;
5.0.7 Claims for bodily injury or property damage arising out of completed operations; and
5.0.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under
this contract
Contractor's Liability Insurance:
5.1 CONTRACTOR and all Subcontractors shall provide and maintain in full force and effect until all the
Work is performed under this Contract by the Contractor and all subcontractors, has been completed
and accepted by CITY and Miami-Dade County and is in full compliance with all applicable state, county
and municipal laws, rules and regulations (or for such duration as is otherwise specified hereinafter), the
insurance coverage set forth below:
5.1.1 Worker's Compensation insurance as to all employees or borrowed servants in compliance
with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws.
In addition, the policy must include Employers' Liability. The CONTRACTOR shall further
require in all contracts with Subcontractors that all of its Subcontractors maintain Worker's
Compensation Insurance. All contracts with subcontractors must be filed with the City prior
to the commencement of any work to be performed by that subcontractor.
5.1.2 Comprehensive General Liability with minimum limits of Comprehensive General Liability with
minimum limits of Worker's Compensation; Employer's Liability ($1,000,000); 'Commercial
Liability ($1,000,000); Business Auto Liability ($1,000,000) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General Liability policy
without restrictive endorsements, as filed by the Insurance Services Office, and must include:
5.1.3 5.1.2 (a) Premises and Operation
5.1.4 5.1.2 (b) Independent Contractors
5.1.5 5.1.2 (c) Products andlor Completed Operations Hazard
5. 1.6 5. 1.2 (d) Explosion, Collapse and Underground Hazard Coverage
5.1.7 5.1.2 (e) Broad Form Property Damage
5.1.8 5.1.2.(1) Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless andlor indemnification agreement.
5.1.9 5. I. 2 (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and Property
Damage Liability.
5.1.10 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus
an additional Five Million Dollar ($5,000,000.00) 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:
5.1.11 5.1.3 (a) Owned Vehicles.
5.1.12' 5.1.3 (b) Hired and Non-Owned Vehicles
5.1.13 5. 1.3 (c) Employers' Non-Ownership
5.2 Before starting the Work, the CONTRACTOR and each subcontractor shall file with the CITY and
CONSULTANT certificates of such insurance, acceptable to the CITY, listing the City and Miami-Dade
County as an additional, Named Insured with the right of recovery and of direct enforcement of the
terms of the insurance policy with the name, address and telephone number of the insurance agent or
broker through whom the policy was obtained; these certificates shall contain a provision that the
coverage afforded under the policies shall not be canceled, endorsed, modified or changed without
prior written approval of the CITY upon at least thirty (30) days prior written notice given by the
insurer to the CITY and CONSULTANT by certified mail. The insurer shall be rated AVII or better per
A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida.
5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract
shall contain the same insurance provision as set forth in section 5. I and 5.2 above and substituting the
word SUBCONTRACTOR for the word CONTRACTOR where applicable.
Fire and Extended Coverage Insurance (Builders' Risk):
5.4 The CONTRACTOR shall maintain, as applicable, in an Insurance Company or Insurance Companies
acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance listing
the City as an additional, Named Insured with the right of recovery and of direct enforcement of the
terms of the insurance policy on buildings and structures, while in the course of construction, including
foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of
said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery
is included in the Contract, or if the machinery located in a building that is being renovated by reason of
this contract. The amount of insurance must at all times be full replacement cost with no limitations at
least equal to the actual cash value of replacement of the insured property.
The policy shall be in the name of the CITY and Miami-Dade County and the CONTRACTOR, as their
interest may appear, and shall also cover the interests of all Subcontractors performing Work.
5.5 The CONTRACTOR shall provide the CITY with a Certificate of Insurance certifying that the foregoing
insurance is in full force and effect; and such evidence shall include provisions that the insurance shall
not be canceled, endorsed, modified or changed without prior written approval of the City upon at
least thirty (30) days prior written notice given by the insurer to the CITY by certified mail.
Cancellation and Re-Insurance:
5.6 If any notice of endorsement, modification, change or cancellation of insurance by the insurance
company is served as provided herein or should any insurance required by this contract have an
expiration date that will occur during the period of this contract, the CONTRACTOR and
Subcontractors shall be responsible for purchasing insurance which is in compliance with this contract
and acceptable to the City which becomes effective prior to such endorsement, modification, change
,cancellation or expiration of the existing coverage so as to provide continuous coverage without any
gap in coverage as specified in this section and so as to maintain coverage during the life of this
Contract.
5.7 All deductibles must be declared by the CONTRACTOR and Subcontractors and must be approved by
the CITY. At the option of the CITY, either the CONTRACTOR and Subcontractors shall eliminate or
reduce such deductible or the CONTRACTOR/Subcontractor shall procure a Bond, in a form
satisfactory to the CITY covering the same.
ARTICLE 6 -Contractor's Responsibilities
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ
and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the
Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR
commences the Work and within the time required by the Contract, as the CONTRACTOR'S
representative at the site. The Supervisor or so designated shall have full authority to act on behalf of
the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to
the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform
adequate supervision and coordination of the Work. (Copies of written communications given to the
Supervisor shall be mailed to the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings,. Addenda,
Modifications and Shop Drawings at the site at all times, in good order and annotated to show
all changes made during the construction process. These shall be available to the
CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built"
drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop
Drawings with annotations, must be made available at all times and shall be delivered to the
CITY upon completion of the Project.
Labor. Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary
facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and
completion of the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents.
When special makes or grades of material which are normally packaged by the supplier or manufacturer
are specified or approved, such materials shall be delivered to the site in their original packages or
containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or
processors, except as otherwise provided in the Contract Documents.
Materials, Equipment, Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them
to determine their acceptability and obtain their approval, within ninety (90) calendar days after award
of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or
equal" equipment will be approved until this list has been received and approved by the
CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or
Specifications by reference to brand name or catalog number, it shall be understood that this is
referenced for the purpose of defining the performance or other salient requirements and that
other products of equal capacities, quality and function shall be considered. The
CONTRACTOR may recommend the substitution of a material, article, or piece of equipment
of equal substance and function for those referred to in the Contract Documents by reference
to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material,
article, or piece of equipment is of equal substance and function to that specified, the
CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental
changes or extra component parts required to accommodate the substitute will be made by
the CONTRACTOR without a change in the Contract Price or the Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the
CONSULTANT who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or mater'"ls, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work
or materials shall be removed and replaced, together with any Work disarranged by such
alterations, at any time before completion and acceptance of the Project. All such Work shall
be done at the expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement
by which an interest is retained by the Seller. The CONTRACTOR warrants that they have
good title to all materials and supplies used by them in the Work.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY may have reasonable
objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been
accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is
good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the
part of CITY or CONSULTANT to payor 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.
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 ofthese
General Conditions and other Contract Documents insofar as applicable to the Work of
Subcontractors, and give the CONTRACTOR the same power as regards to terminating any
subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the
Contract Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the
CONTRACTOR if and when directed by the CONSULTANT in writing.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of
any invention, design, process or device which is the subject of patent rights or copyrights held by
others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or
indirectly employed by either of them from against all claims, damages, losses and expenses (including
attorney's fees) arising out of any infringement of such rights during or after the completion of the
Work, and shall defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for
such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid,
When such charges are normally made by the CITY and when so stated in the Special Conditions, there
will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when
necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility
charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship. for inspection or for safety. No temporary power shall
be used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices. laws. ordinances. rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance
therewith. it shall give the CONSULTANT prompt written notice thereof. and any necessary changes
shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing
it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
CONSULTANT. it shall bear all costs arising there from; however. it shall not be its primary
responsibility to make certain that the Drawings and Specifications are in accordance with such laws,
ordinances, rules and regulations.
Taxes:
6.18 Cost of all applicable sales consumer use. and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The 'CONTRACTOR shall be responsible 'for initiating." maintaining and supervising all safety
precautions and programs in connection with the Work. They shall take all necessary precautions for
the safety of. and shall provide the necessary protection to prevent damage. injury or loss to:
6.19.1 All employees and other persons. who may be affected thereby.
6.19.2 All the Work and all materials or equipment to be incorporated therein. whether in storage
on or off the site, and
6.19.3 Other property at the site or adjacent thereto. including trees. shrubs. lawns. walks.
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto.
the CONTRACTOR. without special instruction or authorization from the CONSULTANT or CITY. is
obligated to act. at his discretion. to prevent threatened damage. injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by
him in an emergency which arose from causes beyond his control entitles him to an increase in the
Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in
Articles II 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.
6.24 All samples shall have been checked by and stamped with the approval of the CONTRACTOR,
identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which
intended.
6.25 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of.any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.26 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with
the information given in the Contract Documents. The review of a separate item as such will not
indicate review of the assembly in which the items functions. The CONTRACTOR shall make any
corrections required by the Non-Applicable 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 andlor verified
all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they
assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing
or sample with the requirements of the Work and the Contract Documents.
6.27 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission
has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and
each approved sample shall be kept in good order, in a book or binder, in chronological order orin
such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and
shall be available to the CONSULTANT.
6.28 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions
in the Shop Drawings or samples.
6.28.1 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused
by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop
Drawings or due to errors in the Shop Drawings or samples.
Cleaning Up:
6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by
the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from
the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that
no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property,
both public and private, which has been disturbed or damaged during the prosecution of the Work so
as to leave the whole Work and Work Site in a neat and presentable condition.
6.30 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the
materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.31 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents
along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with
the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the
Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are
required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the
City of South Miami Police Department, before the street is closed and again as soon as it is opened.
Access to frre hydrants and other frre extinguishing equipment shall be provided and maintained at all
times.
Sanitary Provisions:
6.32 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be
kept in a clean and sanitary condition and shall comply with the requirements and regulations of the
Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and
sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.33 Unless prohibited by law, or by the terms of applicable and viable insurance policies required by the
Contract Documents, of a solvent insurer whose policy covers the same matters as described herein.
the Contractor shall indemnify and hold harmless the CITY, Miami-Dade County, their official and
employees and the CONSULTANT, as well as their agents and employees br any of them from and
against claims. damages. losses and expenses, including but not limited to attorneys' fees, received or
sustained by any person or persons during or on account of or arising out of any operations connected
with the Work, but only to the extent caused by the negligent acts or omissions of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they are
liable. In consideration of the separate sum of One Hundred Dollars ($100.00) or other valuable
consideration, CONTRACTOR shall indemnify and hold harmless the CITY, Miami-Dade County, their'
official and employees and the CONSULTANT from any claim, damage, loss or expense that is caused
in part by a party indemnified hereunder. This indemnification provision is cumulative with all other
remedies or other indemnification provisions contained in the Contract Documents.
6.34 In the event that any action or proceeding is brought against CITY, Miami-Dade County, their official
and employees or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon
written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY,
Miami-Dade County, their official and employees. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any
and all claims of liability and all suits and actions of every name and description that may be brought
against CITY, excluding only those claims that allege that the injuries arose out of the sole negligence of
CITY or CONSULTANT.
6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps,
drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the
failure to give directions or instructions by the CONSULTANT, its agents or employees provided such
act or omission is ,the primary cause of injury or damage.
6.36 All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part.
Responsibility for Connection to Existing Work:
6.37 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.38 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall
be done in accordance with requirements of the special conditions. The CITY will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.38.1 The CITY will cooperate with the CONTRACTOR .in obtaining action from any utilities or
public authorities involved in the above requirements.
6.38.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters,
pavement, storm drainage structures, and other items which must be established by
governmental departments as soon as grading operations are begun on the site and, in any
case, sufficiently early in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities, Etc.:
6.39 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, pUblic carriers, service companies and corporations (hereinafter referred
to as "third parties") owning or controlling roadways. railways, water, sewer, gas, electrical conduits.
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order
that such items are properly shored, supported and protected, that their location is identified and to
obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the
item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third
parties in the performance of his Work, shall permit entrance of such third parties on the Project in
order that they may perform their necessary work, and shall pay all charges and fees made by such third
parties for their work.
6.39.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project
due to work to be done by governmental departments, public utilities, and others in repairing
or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in
every way possible, so that the construction can be completed in the least possible time.
6.39.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials
and equipment use in or upon the Work, or in any way affect the conduct of the Work, and
no plea of misunderstanding will be considered on account of damage or delay caused by his
ignorance thereof.
Use Premises:
6.40 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.40.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that
will endanger it.
6.40.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT
and CITY as well as their instructions with regard to signs, advertisements, fires and smoking.
6.40.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles
of its employees, subcontractors and other personnel, as well as that of the material delivery
trucks and other vehicles that come to the Project site.
6.40.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall
be fenced to protect the job site and the general public.
6.40.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities
for all workers employed by it or by its Subcontractors. Temporary offices shall be prOVided
and located where directed and approved by the CONSULTANT. All such fadlities shall be
furnished in strict accordance with existing governing regulations. Field offices shall include
telephone facilities.
Protection of Existing Property Improvements:
6.41 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, adjacent or nearby property,
not indicated on the Drawings or noted in the Specifications as being removed or altered shall be
protected from damage during construction of the Project. Any such improvements damaged during
construction of the Project shall be restored at the expense of the CONTRACTOR to a condition
equal to that existing at the time of award of Contract.
ARTICLE 7 -Work by Others
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts
therefore which shall contain General Conditions similar to these.
The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or
the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and
storage of materials and equipment and the execution of Work, and shall properly connect and
coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of
any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT
in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other'Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering
their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and
of the other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the CITY or others will cause the CONTRACTOR additional
expense or entitles him to an extension of the Contract Time, he may make a claim therefore as
provided in Articles I I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots,
etc., are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress
of the work of other contractors. Should lack of progress or defective workmanship on the part of
other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify
the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as
being satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice and failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
ARTICLE 8 -City's Responsibilities
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
· 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -Consultants' Status During Construction
City's ReRresentative:
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the
terms of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and
other matters in question between the CITY and the CONSULTANT arising out of or relating
to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction
within the State of Florida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work
is proceeding in accordance with the Contract Documents. His efforts shall be directed toward
providing assurance for the CITY and all applicable regulatory agencies that construction is in
compliance with the Construction Documents and applicable laws, rules and regulations. On the basis
of these on site-observations as an experienced and qualified design professional, he shall keep the
CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in
the Work of CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine
necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the
Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of
Contract Time based on a written clarification and/or interpretation it shall be required to submit a
timely claim as provided in Articles II and 12.
Measurement of Quantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or
vertically as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections andlor 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, II, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment,
etc., see Article 14.
Decisions on Disagreements:
9.9 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.10 The CONSULTANT will not be responsible for the construction means, methods, techniques,
sequences or proced~res, or the safety precautions and programs incident thereto.
9.11 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees. or any other person performing any of
the Work under or through them.
ARTICLE 10 -Changes in the Work
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall be authorized by written Change Orders. Upon
receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work
shall be performed under the applicable conditions of the Contract Documents. If any Change Order
causes an increase or decrease in the Contract Price or an extension or shortening of the Contract
Time, an equitable adjustment will be made as provided in Article I I or Article 12. A Change Order
signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the
Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness
and value of the change in the Work as well as to any change in the time to complete the Work under
the circumstances.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents. These may be accomplished
by a Field Order. If the CONTRACTOR believes that any minor change or alteration authorized by
the CONSULTANT's Field Order entitles the CONTRACTOR to an increase in the Contract Price or
extension of Contract Time, he must make a timely claim as provided in Articles II and 12 or
otherwise the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes
in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract
Time or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify 'its Surety of any changes affecting the general scope
of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds
shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the
CITY before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE. I I -Change of Contract Price
I 1.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the
CONTRACTOR shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the
Contract, including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
I 1.2.3 CITY-furnished facilities, equipment, materials, services, or site; or
11.2.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections referred to in this section. no order, statement, or
conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a
written Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY
in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree
with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in
the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work
under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an
equitable adjustment based on the cost of the Work shall be made and the Contract modified
accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (I 0) days after receipt of a written Change
Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the
genera! nature and monetary extent of such claim for equitable adjustmen~ 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.
I 1.6 No claim by the CONTRACTOR for an eqUitable adjustment hereunder shall be allowed if not
submitted in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
11.7.1 By negotiated lump sum.
I 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus
a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to
exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of
reasonable costs, the CONTRACT shall provide a list of all costs together with backup
documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by
CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be
limited to: salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment. excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees
shall include superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Sunday or legal holidays shall be included in the above only if
authorized by CITY and provided it was not in any way, whether in whole or in part the result
of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting
by or through him or due in whole or in part to Defective Work of the CONTRACTOR.
I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available
and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the
payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless
the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits
funds with CONTRACTOR with which to make payments in which cases the cash discounts
shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall
be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall
be substituted for the word "CONTRACTOR".
1 1.8.4 I 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts
thereof whether rented from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of CONSULTANT, and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof -all in
accordance with terms of said rental agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by any governmental authority.
11.8.6 Payments and fees for permits and licenses. CostS for permits and licenses must be shown as a
separate item. Payment fees of CITY permits may be waived.
I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I 1.8.8 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 80nds 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 sale proprietorships). general managers, engineers, architects, estimators,
lawyers, agents, expediters, timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in its principal or a branch office for general
administration of the Work and not specifically included in the schedule referred to in
Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR
is required by the Contract Documents to purchase and maintain the same (except as
otherwise provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but
not limited to. the correction of defective work. disposal of materials or equipment wrongly
supplied and making good any damage to property.
I 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 1.8.
I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall
be determined as follows:
I 1.10.1 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%).
I 1.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a
net decrease in cost wi!! be the amount of the actual net decrease in costs calculated in the same
manner as provided in I 1.8. When both additions and credits are involved in anyone change, the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTICLE 12 -Time for Completion, Liquidated Damages and Chance of the Contract Time
12.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract
Documents and the Work shall be commenced on the date specified in the Notice to Proceed.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the CITY that the Contract Time for the completion of the Work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due to inclement weather
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fail to.complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages
as specified in the Contract Documents for each calendar day after the scheduled date for completion
as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its
inability to obtain full use of the Project. liqUidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained as a consequence of such delay, and both parties desiring to
obviate any question or dispute concerning the amount of said damages and the cost and effect
of the failure of CONTRACTOR to complete the Contract on time. The above-stated
liquidated damages shall apply separately to each phase of the Project for which a time for
completion is given.
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for
the Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) days of the occurrence of the event giving rise to the claim and stating the general nature of the
claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and
recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in
the Contract Time reSUlting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of I
fourteen (14) days after demand has been made in writing to the CONSULTANT for such Drawings.
Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole
remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather 'IS documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due
to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages
shall be limited to increased cost of materials that were unanticipated and that would not have been
incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited
to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for
such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an
increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect,
consequential. impact or other costs, expenses Of damages, including but not limited to, costs of
acceleration or inefflc'tency. overhead or lost profits, aris'lng because of delay, disruption, 'rnterference or
hindrance from any cause whatsoever, whether such delay. disruption, interference or hindrance be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
ARTICLE 13 -Guarantee
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or
the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent
Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the
CONSULT ANT Letter of Recommendation of Acceptance or from the date when the defect was first
observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five
(5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of
Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed
defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to
correct such Defective Work within ten (10) days after having received written notice of the defect, or
should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work
continuously and diligently and in accordance with the Contract Documents, applicable law, rules and
regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and
cause the Defective Work to be removed or corrected and to complete the Word at the
CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred.
The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time
listed in Section 13.1, shall take precedence over Section 13.1.
ARTICLE 14 -Payments and Completion
Payments to Contractor
14.1 At least ten (10) days before each progress payment falls due (but not more often than once a month),
the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and
signed by the CONTRACTOR covering the Work performed during the period covered by the partial
payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases
of lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was
made, releasing such claims and lien rights, if any, of those persons.
If payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by
such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and
equipment as well as certificates of insurance providing coverage for 100% of the value of said material
and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire
and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are
either damaged or stolen before installation. The CONSULTANT will within ten (10) days after receipt
of each partial payment estimate, either certifying in writing its approval of payment and present the
partial payment estimate to the CITY. or return the partial payment estimate to the CONTRACTOR,
indicating in writing his reasons for refusing to approve payment. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The
CITY, will within thirty (30) days of presentation to it of any approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY
shall retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of
all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the
benefit of the CITY.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's
Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of
lien executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Worle If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by an Application for Payment whether the Work, material or equipment is incorporated in the Project
or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear.
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred
to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will
have been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The 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 I, to the results of any subsequent tests called
for in the Contract Documents and any qualifications stated in his approval); and that the
CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such
payment the CONSULTANT shall not thereby be deemed to have represented that he made
exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that
he has reviewed the means, methods, techniques. sequences and procedures of construction or that he
had made any examination to ascertain how or for what purpose the CONTRACTOR has used the
moneys paid or to be paid to him on account of the Contract Price, or that title to any Work,
materials, or equipment has passed to the CITY free and clear of any liens,
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed
work or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a JOint check shall be made payable to the person in
question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money
shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in
which case the money shall be paid according with said judgment. Nothing contained herein shall
indicate an intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the CITY as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of
subsequently discovered evidence or the results of subsequent inspection or tests to such extent as
may be necessary in its opinion to protect the CITY from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or
replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by
paragraphs 6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure
to carry Qut'ihe-Work -iil accordance WIth the' Contraci" 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 Documents.
14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such
portions of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the
sole responsibility for the care and protection of the Work, or the restoration of any damaged Work
except such as may be caused by agents or employees of the CITY.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the
CONTRACTOR within thirty (30) days of completion and acceptance of the Work.
14.10 The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the
City. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file. This card has unique security features, with $0 of available
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval, an electronic remittance advice will be sent via e~mail. or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the
amount listed on the invoice andlor 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 discov~red evidence or the results of subsequent inspection or tests, that:
14.12.1 The Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is not longer Finally Competed.
14.12.2 The Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 Claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 There is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and
5% in the case of Final Completion.
ARTICLE. 15 -Suspension of work and Termination
15.1 The CITY may, at anytime and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) days by notice in writing to the CONTRACTOR and the CONSULTANT,
which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to
any suspension and if a claim is timely made and if it is allowed under the terms of Articles II or Article
12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under
bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for
labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he
otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to
any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) days written
notice, terminate the services of the CONTRACTOR and take possession of the Project and of all
materials, equipment, tools, construction equipment and machinery thereon owned by the
CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the
unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project,
including compensation for additional professional services, such excess shall be paid to the
CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the
Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be
determined by the CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
CITY and the CONTRACTOR shall be the same as ',f the termination had been issued pursuant to
Section I 5.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue.
Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the
CONTRACTOR from liability.
15.4 Upon seven (7) days written notice to the CONTRACTOR and the CONSULTANT, the CITY may,
without cause and without prejudice to any other right or remedy, elect to terminate the Contract for
the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed
and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Worle No payment shall be made for profit for Work which has not been performed.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its
equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop ,Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) days by the CITY or by order of other public authority, or under an order of court or the
CONSULTANT fails to act on any Application for Payment within thirty (30) days after it is submitted,
or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty
(30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20)
calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY
may remedy the delay or neglect within the twenty (20) calendar days time frame. If timely remedied by
the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the
CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any
payment as afore said, the CONTRACTOR may upon ten (10) calendar days notice to the CITY and
the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Consultant
15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to
rule on any disputes concerning the Contract Documents or on the performance of the
CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY
or the CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT with a
written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT
harmless before the CONSULTANT makes an interpretation, de-certifies a payment application,
decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or
approves any action which requires the approval of the CONSULTANT.
ARTICLE: 16 -Mi$~e"aneou$
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) days
of the first observance of such injury or damage.
ARTICLE 17 -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 I Venue I Governing Low
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any
claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action
to enforce the Contract shall be in Miami-Dade County, Florida.
18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court
proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but
not limited to, court costs, and reasonable attorney's fees.
18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes
and other matters in question between the CITY and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of Florida.
ARTICLE 19 -Project Records
19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial
and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain
and make available to CITY all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three (3) years following final completion of the
Project. During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) days written notice.
ARTICLE 20 -Severability
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such
provisions to persons or situations other than those as to which it shall have been held invalid or
unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
ARTICLE 21 -Independent Contractor
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by
the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures. applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their
inclusion as part of the Contract dated the day of , 20 __ ,
WITNESSES CONTRACTOR
Signature:
Name:
Title:
AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI
Signature: --.c..-cc-;c.-.:-;;---.---c==-------Signature:
Maria M. Menendez, CMC Hector Mirabile, PhD
City Manager City Clerk
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF:
SIGNATURE: ---=---::c--::---------
THOMAS PEPE, ESQ.
CiTY ATTORNEY
SUPPLEMENTARY CONDITIONS
Citywide Sidewalk Repair Phase II
A. In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as follows
Principal Consultant, Civil Engineer of Record, and City Engineer
Non-Applicable
B. Work that is unsatisfactory, faulty, or deficient in that it: does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test,
or approval referred to in the Contract Documents, or has been damaged prior to Engineer's -
recommendation of final payment (unless responsibility for the protection thereof has been
C. Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from
substituting another "person" as defined in Article I
D Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination
for default or convenience, the CONTRACTOR and the City department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute
cannot be resolved by agreement, then the department with the advice of the City Attorney shall rule
on the disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be
binding on both parties.
E. Non-conformance to Contract: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements. Upon written
notification of rejection, items shall be removed within five (5) calendar days by the CONTRACTOR at
his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar
days shall be regarded as abandoned and the City shall have the right to dispose of them as its own
property and the CONTRACTOR thereby waives any claim to the good or to compensation of any
kind. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract
being found in default.
1 Default Provision: In case of default by the CONTRACTOR, the City of South Miami
may procure the articles or services from other sources and hold the CONTRACTOR responsible for
any excess costs occasioned or incurred thereby.
2 Indemnification: The CONTACTOR shall indemnify, save harmless, and defend the
City of South Miami, its officers, agents and employees from and against any claims, demands or causes
of action of whatsoever kind or nature arising out of error, omission. negligent act, conduct, or
misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the
performance of services pursuant to the Contract and/or from any procurement decision of the CITY
including without limitation, awarding the Contract to the CONTRACTOR.
3 Secondary/Other Contractors: The CITY reserves the right in the event the
CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain
the good and/or services from other sources and deducting the cost from the Contract Price without
violating the intent of the Contract.
4 Assignment: The CONTRACTOR shall not transfer or assign the performance
required by this Bid without prior written consent of the City Manager. Any award issued pursuant to
the Invitation to Bid and monies, which may be due hereunder, are not assignable except with prior
written approval of the City Manager.
5 Plans for Construction: The successful BIDDER will be furnished four sets of
Contract Documents without charge. Any additional copies required will be furnished to the BIDDER
at a cost to the BIDDER equal to the reproduction cost.
6 Warranty/Guarantee: CONTRACTOR shall act as agent, on a limited basis for the
City, solely for the follow-up concerning warranty compliance for all items under manufacturer's
Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage
under this Contract.
____ PAGE of a ____ page Special Conditions to the Contract.
IN WITNESS WHEREOF, the parties hereto have executed the Special Conditions to acknowledge their inclusion as
part of the Contract made and entered into on this day of , 20 I I, by and between
________________ and the City of South Miami.
WITNESSES:
(Print name of Witness)
(Print name of Witness)
AUTHENTICATION:
Signature: _____ -,-____ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: _-:-_,-_______ _
City Attorney
CONTRACTOR:
Signature: _______________ _
Name:
Title:
OWNER:
Signature:
CITY OF SOUTH MIAMI
Dr. Hector Mirabile
City Manager