Res No 185-14-14279RESOLUTION NO.:185-14-14279
A Resolution authorizing the City Manager to negotiate and enter into a contract with Better Air
Conditioning,LLC.for a new AC unit installation at the Gibson-Bethel Community Center.
WHEREAS,in continuing efforts to provide the Gibson-Bethel Community Center with ventilation and
coolingof the gymnasium the existing ACunit will be replaced witha new 40ton Trane Air Conditioning System;
and
WHEREAS,in further review and an analysis of repair to the damaged unit regarding Resolution No.:
135-14-14229 it was determined to acquire anewunitto replace theexistingACunitfordurabilityand
dependability,thus cancelling the previously approved Resolution No.:135-14-14229;and
WHEREAS,pursuant toacompetitive selection process in accordance withtheCity Charter,it was
determined that Better AirConditioning,LLC submitted the best and most responsive proposal inthe amount of
$36,980.00;and
WHEREAS,the total expenditure will be $36,980.00;and
WHEREAS,theMayorandCityCommissiondesiretoauthorizetheCity Manager to negotiate and enter
into acontract with Better Air Conditioning,LLC.forthenewACunit installation attheGibson-Bethel Community
Center fora total amount of $36,980.00.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA THAT:
Section 1:TheCity Manager isauthorizedto negotiate the terms andconditionsandto execute a
contract with Better Air Conditioning,LLC.forthenewAC installation attheGibson-Bethel Community Centerfor
anamountof $36,980.00.Acopyoftheproposedcontractisattachedheretoandmadeaparthereofby
reference.
Section 2:TheexpenditureshallbechargedtotheParks&RecreationImprovementaccount
number301-2000-572-6450whichhasabalanceof $178,114.27,beforethis request wasmade.
Section 3:If anysectionclause,sentence,orphraseofthis resolution isforanyreasonheld invalid or
unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity ofthe remaining
portions of this resolution.
Section 4.This resolution shalltakeeffect immediately upon adoption.
PASSED AND ADOPTEDthis 161.dayof September.2014.
ATTEST:
READ AND APPROVED AS TO FORM
LANGUA§^M3EGALITY AJrfDI^XECUTION
THfi^D^
APPROVED:
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Welsh:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
South1'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of theCity Commission
From:Steven Alexander,CityManager
Date:September 16,2014 AgendaItem No.:
Subject:A Resolution authorizingtheCity Manager to negotiate andenterintoacontract
withBetterAirConditioning,LLCforatotalexpenditure of $36,980fortheAC
unitinstallationattheGibson-BethelCommunityCenter.
Background:IncontinuingeffortstoprovidetheGibson-BethelCommunityCenterwith
ventilationandcooling of the gymnasium theexistingACunitwillbe replaced
withanew40tonTraneAirConditioningsystem.
Infurtherreviewandananalysis of repairtothedamagedunititwas
determined thatthe replacement wasmorecost effective thantherepairthatwas
previouslyauthorizedbytheCommissionapprovedResolutionNo.:135-14-
14229.
TheCityreceivedone(1)quoteinresponsetoasolicitation,shownbelow.
Pursuanttoreview,itwas determined thatBetterAir Conditioning,LLC.The
bestandmostresponsiveproposalforthisproject.
One(1)quote received:
Better Air Conditioning,LLC
$36,980.00AMOUNT:
ACCOUNT:
$36,980.00
The expenditure shall be charged tothe Parks &Recreation Improvement
accountnumber 301-2000-572-6450 whichhasabalanceof $178,114.27,
beforethis request wasmade.
Attachments:Resolution
Bid Opening Report
Proposal
Previously Approved Resolution No.:135-14-14229
\*VlflCOJSPORATDV *^<
Bids were opened on:
BID OPENING REPORT
Wednesday,September 10,2014 after:10:00am
For:RFP#PW2014-08 -A/C UnitInstallationfor Gibson-Bethel Community Center
COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT:
].BETTER AIR ~7,/^aA^r**3^?££>^
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THEBIDSARESUBJECTTO CORRECTION AFTERTHEBIDSHAVE Bpf?jN COMPLETELY REVIEWED.
Citv Clerk:
Prinfl Xnpte C*~
IWitness:
Witness:
Print Name >)j
Print Name /'Signature
Proposal Submittal Checklist Form
Thischecklistindicatestheformsanddocumentsrequiredtobesubmittedforthissolicitationandtobepresented
bythedeadline set forwithinthesolicitation.Fulfillment ofallsolicitation requirements listedismandatoryfor
considerationofresponsetothesolicitation.Additional documentsmayberequiredand,ifso,they will be
identifiedinan addendum tothis RFP.The response shallinclude the followingitems:
Bid Form
N/A Proposal/Bid Bond
N/APerformanceBond(Asa Condition ofAward;Not
Required With the Submittal)
X
Respondents Qualification Statement
Non-Collusion Affidavit
PublicEntity Crimes andConflictsof Interest
Drug Free Workplace
Acknowledgement of Conformance with OSHA Standards
ListofProposedSubcontractorsand Principal Suppliers
Related Party Transaction VerificationForm
Indemnification and Insurance Documents
x Signed Contract Documents (All -including General Conditions
and Supplementary Conditions)
N/A
N/A
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
Thomas F.Pepe 8-26-14
Page 10 of 71
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
1.If this Proposal is accepted,the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this RFP Package,and to perform and furnish all work as specified or
indicated inthis RFP forthe Proposed Price,withintheContractTimeandin accordance withtheother
termsandconditionsofthe RFP Package.
2.Respondent accepts all ofthe terms and conditions ofthe RFP,Invitation for Proposals and Instructions to
Respondents,including without limitation those dealing with the disposition of Proposal/Bid Bond.This
Proposal will remain subject to acceptance for 180 calendar days after the day ofthe Proposal Opening.
Respondent agrees to sign and submit the Contract,ifnot already submitted,the Bonds,required
insurance documents,and other documents required bythe RFP,within ten (10)calendar days after the
date of the City's Notice of Award.
3.In submitting this Proposal,Respondent represents that:
a.Respondent has examined copies of all the RFP Documents and ofthe following Addenda,if any
(receiptof all whichishereby acknowledged.)
Addendum No.1 Dated:September 5,2014
Addendum No.Dated:
Addendum No.Dated:
Addendum No.Dated:
Addendum No.Dated:
Addendum No.Dated:
b.Respondent has familiarized himselfwiththenatureand extent of the Contract Documents,the
proposedwork,site,locality,and all local conditions and laws and regulations thatinanymanner
mayaffectcost,progress,performanceor furnishing ofthe Work.
c.Subsurface conditions:If applicable tothis RFP,theRespondentrepresentsthat:
i.Respondent hasstudied carefully all reportsand drawings,if applicable,of subsurface
conditions anddrawingsof physical conditions.
d.Respondent has obtainedand carefully studied(orassumes responsibility for obtaining and
carefully studying)all such examinations,investigations,explorations,testsandstudiesinaddition
toortosupplement those referredtointhis paragraph whichpertaintothesubsurfaceor
physical conditionsatthesiteorotherwisemayaffectthecost,progress,performance,orthe
furnishing of the Work atthe Contract Price,within the Contract Time andinaccordancewith
theothertermsandconditionsoftheContractDocuments.TheRespondenthereby
acknowledgesthatno additional examinations,investigations,explorations,tests,reportsor
similar information ordataare,orwill,berequiredby Respondent foranyreasonin connection
with the Proposal.The failureofthe Respondent to request apre-bidmarkingof the
construction sitebyanyorallutilitycompanies shall createanirrefutable presumption that the
Respondent'sbid,or proposal price,hastakeninto consideration all possible underground
conditionsand Respondent,ifawardedthecontract,shall not beentitledtoachangeorderfor
anysuch condition discovered thereafter.
Page II of 71
Thomas F.Pepe 8-26-14
ii.Respondent hascorrelatedthe results of all such observations,examinations,investigations,
explorations,tests,reports andstudieswith the terms andconditionsof the Contract
Documents.
Hi.Respondent has reviewed and checked all information anddata shown or indicatedinthe
RFP Package orintheContractDocumentswithrespectto existing Underground Facilities
or conditions ator contiguous tothesiteand assumes responsibility fortheaccurate
location of all Underground Facilities and conditions that may affect theWork.No
additional examinations,investigations,explorations,tests,reportsor similar information or
datainrespectto any Underground Facilities or conditions are,or will be,required by
Respondent in order to performandfurnish the Work at the Contract Price,withinthe
Contract Time and in accordance with the other terms and conditions of the Contract
Documents unless the Proposal specifically statesthatthecontractpriceissubjectto
adjustment for future discoveryofunderground facilities and/or conditionsthataffectthe
costoftheWorkand unless therespondentmakesawrittenrequesttotheCityfor
additional informationpriorto submitting thebidorproposalasrequiredinsubsectionii
above,
e.Respondent hasgiven the Citywrittennoticeofallconflicts,errors or discrepancies that ithas
discoveredinthe Contract Documentsand,ifany conflicts,errors or discrepancies havebeen
foundandnotice given,theRespondentrepresents,bysubmittingitsproposaltotheCity,that
theRespondenthasreceived sufficient noticeoftheresolution thereof fromtheCity,thatsuch
resolutionisacceptabletoRespondentandthattheRespondentwaivesany claim regardingthe
conflicts,errors or discrepancies.
f.ThisProposalisgenuineandnotmadeintheinterestoforonbehalfofany undisclosed person,
firmorcorporationandisnotsubmittedpursuanttoanyagreementorrulesofanygroup,
association,organization,or corporation;Respondent has not directly or indirectlyinduced or
solicitedany other Respondent tosubmitafalse or shamProposal;Respondent hasnotsolicited
or inducedany person,firm or corporation torefrainfromresponding;and Respondent hasnot
soughtbycollusion or otherwise toobtainforitselfanyadvantageoverany other Respondentor
over the CITY.
4.Respondent understands andagrees that the Contract Priceis the amount that itneeds to furnishand
install all ofthe Work completeandin place.TheScheduleof Values,ifrequired,isprovidedforthe
purposeofProposal Evaluation andwheninitiatedbythe CITY,itshallformthebasisfor calculating the
pricingofchange orders.The Contract Priceshallnotbeadjustedinanywaysoastoresultina
deviationfromtheScheduleof Values,excepttothe extent thattheCITYchangesthescopeofthe
Work after the Contract Date.Assuch,the Respondent shallfurnishalllabor,materials,equipment,
tools,superintendence andservicesnecessarytoprovideacomplete,inplace,ProjectfortheProposal
Price of:
LUMP SUM BASE PRICE;
INDICATE
MANUFACTURER
QUOTED:$36,980.00
dollars and
#1Alternates:Trane #5
#2 #6
#3 #7
#4 #8
Thomas F.Pepe 8-26-14
Page 12 of 71
cents
Afeebreakdown,if applicable,foreachtaskmustbecompletedinthetableshownabove.Failure to
complete thisinformation shall rendertheproposalnon-responsive.
5.The ENTIRE WORK shall becompleted,in full,within 10 daysfromthedate stipulated intheNOTICE
TO PROCEED.Failure tocompletetheentirework during the described time period shall resultinthe
assessment of liquidateddamagesas set forthin the Contract.
6.Communicationsconcerningthis Proposal shall beaddressedto:
RESPONDENT:BETTER AIR CONDITIONING,LLC
Address:16143 SW 107THPL
MIAMI,FL 33157
Telephone:786-210-9816
Facsimile:7 86-210-9816
Attention:KELLY,CHAD ,
7.The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned totheminthe Contract Documents,unless specifically defined inthis RFP Package.
SUBMITTED THIS _39 DAY OF SEPTEMBER 2014
PROPOSAL SUBMITTED BY:
BETTER AIR CONDITIONING,LLC 786-210-9816
Company Telephone Number
KELLY,CHAD 786-210-9816
Name of Person Authorized to Submit Fax Number
Proposal
betterair@govsalesteam.com
Signature Email Address
OWNER
Title
END OF SECTION
Page 13 of 71
Thomas F.Pepe 8-26-14
RESPONDENT QUALIFICATION STATEMENT
Theresponsetothisquestionnaire shall beutilizedaspartoftheCITY'Soverall Proposal Evaluation and
RESPONDENT selection.
I.Number ofsimilar construction projects completed,
a)In the past5years
In the past5yearsOn Schedule
b)In the past 10 years
In the past 10 yearsOnSchedule
2.List the last three (3)completed similarprojects.
a)ProjectName:
Owner Name:
Owner Address:
208 Plus
208 Plus
N/A
N/A
Star Marketing
Michael Laslovits
Miami,FL
Owner Telephone:(305)688-9199
Original Contract Completion Time
(Days):2 Days
Original Contract Completion Date:2 DaYs
Actual Final Contract Completion
Date:On Time
Original Contract Price:$52,000.00
Actual Final Contract Price:$52,000.00
b)Project Name:Builders Choice
Thomas F.Pepe 8-26-14
Owner Name:Lee Marrero
Owner Address:Miami,FL
Page20 of 71
OwnerTelephone:(786)356-3651
Original Contract Completion Time
(Days):1 Day
Original Contract Completion Date:3/2012
Actual Final ContractCompletion
Date:1 Day
Original Contract Price:$10,500.00
Actual Final Contract Price $10,500.00
c)ProjectName:Right Now Building Solutions
Owner Name:Alex Vidal
Owner Address:Miami,FL
Owner Telephone:(786)409-4444
Original Contract Completion Time
(Days):2 Days
Original Contract Completion Date:On going work since 2011
Actual Final Contract Completion
Date:On going work since 2011
Original Contract Price:$13,000.00
Actual Final Contract Price:$13,000.00
Thomas F.Pepe 8-26-14
Page 21 of 71
3.Current workload
Broward County A/C John C.Torrenga 954-357-6081 $9,980.00
4.The following information shall beattachedtothe proposal.
a)RESPONDENT'S homeoffice organization chart.see attached
b)RESPONDENT'Sproposed project organizational chart,see attached
c)Resumesofproposedkeyprojectpersonnel,including on-siteSuperintendent,see attached
5.Listanddescribeany:
a)Bankruptcypetitions filed byor against theRespondentoranypredecessor organizations,
b)Anyarbitrationor civil orcriminalproceedings,or
NONE
Suspension ofcontractsor debarring from Bidding or Responding byany public agency brought
c)againstthe Respondent inthelastfive(5)years
6.Government References:
List other Government AgenciesorQuasi-governmentAgenciesforwhichyouhavedonebusinesswithin
the pastfive(5)years.
Name of Agency:Broward County
Thomas F.Pepe 8-26-14
Page 22 of 71
Address:115 s*Andrews Ave Fort Lauderdale,FL 33301
Telephone No.:954-357-6081
Contact Person:John C.Torrenga
Typeof Project:A/C Replacement
Name of Agency.city of North Miami
Address:801 Nw 7tn Av®North Miami,FL
Telephone No.:305-457-2976
Contact Person:Marc
Type of Project:A/C Replacement
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Page23 of 71
Thomas F.Pepe 8-26-14
fO
CO
N
on
QJ
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTYOF MIAMI-DADE )
KELLY,CHAD
.beingfirstdulysworn,deposesandstatesthat:
(I)He/She/They is/are the OWNER
(Owner,Partner,Officer,Representative or Agent)of
BETTER AIR CONDITIONING,LLC
attachedProposal;
the Respondent thathas submitted the
(2)He/She/They is/are fully informed concerning the preparation and contents ofthe attached Proposal
andof all pertinent circumstances concerning such Proposal;
(3)Such Proposal is genuine and isnota collusive or sham Proposal;
(4)Neither the said Respondent nor any ofits officers,partners,owners,agents,representatives,
employees or parties in interest,including this affiant,have inanyway colluded,conspired,connived
or agreed,directly or indirectly,withanyother Respondent,firm,orpersontosubmita collusive or
sham Proposal in connection withtheWorkfor which the attached Proposal has been submitted;or
to refrain from Bidding or proposing in connection with such Work;or have in any manner,directly
or indirectly,sought by agreement or collusion,or communication,or conference with any
Respondent,firm,or person to fix any overhead,profit,orcost elements ofthe Proposal orof any
other Respondent,orto fix any overhead,profit,orcostelementsofthe Proposal Price orthe
Proposal Price ofanyother Respondent,ortosecurethroughany collusion,conspiracy,connivance,
or unlawful agreement any advantage against (Recipient),orany person interested inthe proposed
Work;
(5)The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion,conspiracy,connivance,or unlawful agreement onthepartofthe Respondent oranyother
ofits agents,representatives,owners,employeesor parties ofinterest,including thisaffiant
Signed,sealedanddeliveredinthepresenceof:
By:.
Witness Signature
KELLY,CHAD ,OWNER
Witness Print Name and Title
09/09/2014
Date
Page24 of 71
Thomas F.Pepe 8-26-14
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the 09 .day of SEPTEMBER
WITNESS myhandandofficialseal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Thomas F.Pepe 8-26-14
,14.,20 ,before me,the undersigned Notary Public of the State
of Florida,personally appeared (Name(s)of individual(s)who appeared before
notary)KgLLY'Chm:>and whose name(s)is/are Subscribed to the
within instrument,and he/she/they acknowledgethat he/she/they executed it
Notary Public,State of Florida
(NameofNotary Public:Print,Stamportypeas
commissioned.)
Personally known to me,or
Personal identification:
Type of IdentificationProduced
Did take an oath,or
Did Not take an oath.
Page25 of 71
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid ona Contract to provide any goods or services toa public entity,may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair ofa public building or public work,may
not submit bids or proposals on leases or real property toa public entity,may notbe awarded to perform Work
as a RESPONDENT,Sub-contractor,supplier,Sub-consultant,or Consultant under a Contract with any public
entity,and may not transact business with any public entity in excess ofthe threshold amount Category Two of
Section 287.017,Florida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor
list".
The award of any contract hereunder is subject tothe provisions of Chapter 112,Florida State Statutes.
Respondents must disclose with their Proposals,the name of any officer,director,partner,associate or agent who
is also an officer or employee oftheCityof South Miami orits agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES
THISFORMMUST BE SIGNED AND SWORN TOINTHE PRESENCE OFA NOTARY PUBLIC OROTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
L ci^^mfflPHMsubmjtted to
by
mmJprint individual's name andtitle]for BETTER AIR CONDITIONING,LLC
[printnameofthe public entity]
KELLY,CHAD OWNER
[printnameofentitysubmittingswornstatement]
whose business address is 16143 SW 107TH PL
MIAMI,FL 33157
and (if applicable)its Federal Employer Identification Number (FEIN)is 46-5494902 (|f the
entityhasno FEIN,include the Social Security Numberofthe individual signing thissworn statement:
-_0
2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes.
meansa violation ofanystateor federal lawbyapersonwithrespecttoanddirectly related tothe
transaction ofbusinesswithany public entityor with an agency or political subdivision ofanyotherstate
orofthe United States,including,butnot limited to,any bid,proposal orcontractforgoodsor services
tobe provided toany public entityoran agency or political subdivision ofanyotherstateorofthe
United Statesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material
misrepresentation.
3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b),Florida
Statutes,meansa finding ofguiltora conviction ofa public entity crime,withorwithoutan adjudication
of guilt,inany federal orstate trial courtofrecord relating to charges broughtbyindictmentor
information after July I,1989,asaresultofajuryverdict,non-jury trial,orentryofa plea of guilty or
nolo contendere.
4.I understand thatan "affiliate"as defined in Paragraph 287.133 (I)(a),Florida Statutes,means:
(a)Apredecessororsuccessorofapersonconvictedofa public entity crime;or
Page26 of 71
Thomas F.Pepe 8-26-14
(b)Anentityunderthecontrolofany natural personwhoisactiveinthe management oftheentity
and who hasbeen convicted of apublic entity crime.The term "affiliate"includes those officers,
directors,executives,partners,shareholders,employees,members,andagents who areactivein
the management ofan affiliate.Theownershipbyonepersonof shares constituting a controlling
interest inanyperson,orapooling of equipment or income amongpersons when not for fair
marketvalueunderanarm's length agreement,shall bea prima facie casethatoneperson
controlsanotherperson.Apersonwhoknowinglyentersintoajointventurewithaperson
who hasbeenconvicted of apublicentitycrimein Florida duringthepreceding36months shall
be considered an affiliate.
I understand thata"person"as defined in Paragraph 287.133 (I)(e),Florida Statutes,means any natural
person orentity organized underthe laws of any stateorofthe United States withthe legal powerto
enterintoa binding contractandwhichbidsor proposal or applies tobidorproposaloncontractsfor
the provision ofgoodsor services letbya public entity,orwhichotherwise transacts or applies to
transactbusinesswithapublicentity.Theterm "person"includes those officers,directors,executives,
partners,shareholders,employees,members,and agents whoareactivein management ofanentity.
Based on information and belief,the statement which I have marked belowistruein relation totheentity
submittingthisswornstatement.[Indicate whichstatement applies.]
Neither the entitysubmittingthisswornstatement,noranyofitsofficers,directors,executives,
partners,shareholders,employees,members,or agents whoare active inthe management ofthe entity,
norany affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to
July I,1989.
_The entity submittingthisswornstatement,oroneor more of itsofficers,directors,executives,
partners,shareholders,employees,members,or agents whoare active inthe management ofthe entity,
or an affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July
I,1989.
_Theentitysubmittingthisswornstatement,oroneormoreofitsofficers,directors,executives,
partners,shareholders,employees,members,or agents who are active in the management ofthe entity,
or an affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent of July
I,1989.However,there has beena subsequent proceeding beforea Hearing Officer oftheStateof
Florida,Division of Administrative Hearings and the Final Order entered bythe Hearing Officer
determined thatitwasnotinthe public interestto place theentity submitting thissworn statement on
theconvicted vendor list,[attachacopyofthe final order.]
I UNDERSTAND THAT THE SUBMISSION OFTHIS FORM TOTHE CONTRACTING OFFICER FORTHE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FORTHAT PUBLIC ENTITYONLY,ANDTHATTHIS FORM IS VALID
THROUGH DECEMBER 31 OFTHECALENDARYEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTOA CONTRACT IN EXCESS OFTHE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FORCATEGORY TWO OFANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
g [Signature]
Sworn to and subscribed before me this day of SEPTEMBER ^20 14
Personally known
OR Produced identification Notary Public -State of
Mycommissionexpires
(Type of identification)(Printed,typed or stamped commissioned
Form PUR 7068 (Rev.06/11/92)name of notary public)
Thomas F.Pepe 8-26-14
Page 27 of 71
DRUG FREE WORKPLACE
Whenever twoor more Bids or Proposals which are equal with respect to price,quality and service are received
bythe State orby any political subdivisions for the procurement of commodities or contractual services,a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process.Established procedures for processing tie Bids or Proposals shall be
followed if none ofthetied vendors have a drug-free workplace program.In order to have a drug-free workplace
program,a business shall:
1)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,
possession,oruseofa controlled substance is prohibited in the workplace and specifying the
actions that shall betaken against employees for violations of such prohibition.
2)Inform employees about the dangers of drug abuse in the workplace,the business*policy of
maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse
violations.
3)Give each employee engaged in providing thecommoditiesor contractual services thatareunder
Bid acopyofthestatement specified in Subsection (I).
4)In the statement specified in Subsection (I),notify the employees,that,as a condition of working
ofthe commodities or contractual services that are under Bid,he employee shall abide bythe
termsofthe statement and shall notify the employee of any conviction of,or plea of guilty or
nolo contendere to,any violation of Chapter 893orofany controlled substance law ofthe United
States or any state,for a violation occurring in the workplace no later than five (5)business days
after such conviction.
5)Impose a sanction on,or require the satisfactory participation ina drug abuse assistance or
rehabilitation program,if such is available inthe employee's community,by any employee whois
so convicted.
6)Make a good faith effortto continue to maintain a drug-free workplace through implementation
of this section.
Asthe person authorized to sign the statement,I certify that this firm complies fully with the above requirements.
RESPONDENT'SSignature:.
Print Name:KELLY,CHAD
Date:
Page 28 of 71
Thomas F.Pepe 8-26-14
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
XA/BETTER AIR CONDITIONING,LLC.rmMTDArxADN u u i .a __We,,(Nameof CONTRACTOR),hereby acknowledgeandagree that as
CONTRACTOR for the project asspecifiedhave the soleresponsibilityforcompliancewith
allthe requirements of the FederalOccupationalSafetyandHealthActof 1970,andallStateandlocalsafetyand
healthregulations,andagree to indemnifyandholdharmless the City of South Miami againstanyand all
liability,claims,damages,lossesand expenses theymayincurdueto the failureof (Sub-contractor's names):
to comply with such act or regulation.
CONTRACTOR
BY.KELLY,CHAD
Name
OWNER
Title
Page 29 of 71
Thomas F.Pepe 8-26-14
Witness
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
BIDDER shall list all Proposed Subcontractors tobe used on this project if they are awarded the Contract
Landscape NONE
Soddingand Turf Work
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
SoilFumigator
Signs
Other
Thislistshallbe provided to the CityofSouth Miami by the apparent lowest responsive and responsible Bidder
withinfive(5)businessdays after BidOpening.
Thomas F.Pepe 8-26-14
Page 30 of 71
RELATED PARTY TRANSACTION VERIFICATION FORM
I KELLY,CHAD jndjvidual|y „d Qn beha[fof BETTER AIR CONDITIONING,LLC
("Firm")have Name of Representative Company/Vendor/Entity readtheCityofSouth Miami ("City")'s Codeof Ethics,
Section8A-IoftheCity'sCodeofOrdinancesand I herebycertify,underpenaltyofperjurythattothebestofmy
knowledge,information andbelief:
(1)neither I northe Firm haveanyconflictofinterest (as definedinsection 8A-1)with regard tothecontractor
businessthat I,and/or the Firm,am(are)abouttoperformfor,ortotransactwith,the
City,and
(2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial interestgreater
than 5%inthe Firm,hasany relative(s),as defined in section 8A-1,whoisanemployeeoftheCityorwho is(are)
anappointedorelected official oftheCity,orwho is(are)amemberofany public bodycreatedbytheCity
Commission,/.e.,a board orcommitteeofthe City,[while theethicscode still applies,ifthe person executing this
formisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(2)shall be based
solelyonthe signatory's personal knowledge andhe/sheisnotrequiredtomakeanindependent investigation asto
the relationship ofemployeesorthosewhohavea financial interestinthe Firm.];and
(3)neither I northe Firm,noranyonewho has a financial interestgreaterthan 5%inthe Firm,noranymemberof
those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)has transacted orentered
intoanycontract(s)withtheCityorhasa financial interest,directorindirect,inanybusinessbeingtransacted
withthecity,orwithanypersonoragencyactingforthecity,other thanas follows:
_(use (if necessary,usea separate sheetto supply additional information that will not fit on this line;however,you
mustmake reference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under
oath),[while theethicscode still applies,ifthe person executing this form is doing soon behalf ofa firm whose
stockis publicly traded,thestatementinthis section (3)shall be based solely onthe signatory's personal
knowledgeand he/she isnotrequiredtomakeanindependent investigation astothe relationship ofthosewho
havea financial interestin the Firm.];and
(4)no elected and/or appointed official or employee ofthe City of South Miami,or any of their immediate family
members (i.e.,spouse,parents,children,brothers and sisters)has a financial interest,directly or indirectly,inthe
contractbetweenyouand/oryour Firm andtheCityotherthanthe following individuals whoseinterestisset
forth following theiruseaseparatenames:
(if necessary,use a separate sheetto supply additional information that will not fit on this line;however,you must
make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath).
The names of all City employees and thatof all elected and/or appointed city officials or board members,who
own,directly or indirectly,aninterestof five percent (5%)ormoreofthetotal assets of capital stockinthe firm
are as follows:
(if necessary,usea separate sheetto supply additional information that will not fit on this line;however,you must
make reference,onthe above line,tothe additional sheet and the additional sheet mustbe signed under oath),
[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis
publicly traded,the statement in this section (4)shall be based solely onthe signatory's personal knowledge and
he/she is not required to make an independent investigation as tothe financial interest in the Firm of city
employees,appointed officials orthe immediate family members of elected and/or appointed official or employee.]
(5)I and the Firm further agree not to use or attempt to use any knowledge,property or resource which may
cometousthroughourpositionoftrust,orthroughour performance ofourdutiesunderthetermsofthe
contract with the City,to secure a special privilege,benefit,or exemption for ourselves,or others.We agree that
we may not disclose oruse information,not available to members ofthe general public,for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity,outside ofthe normal gain or
benefitanticipatedthrough the performance ofthecontract.
(6)Iand the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City,and thatwe have not appeared in representation of any third party
Page 31 of 71
Thomas F.Pepe 8-26-14
before any board,commission or agency ofthe City within the past two years other than as
follows:/jf
necessary,usea separate sheetto supply additional information that will not fit on this line;however,youmust
make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath).
X:\PurchasingWendor Registration 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7)Neither I nor any employees,officers,or directors ofthe Firm,nor any of their immediate family (i.e.,as a
spouse,son,daughter,parent,brother or sister)is related by blood or marriage to:(i)any member ofthe City
Commission;(ii)any city employee;or (iii)any member of any board or agency ofthe City otherthan as follows:
.;.(if necessary,useaseparatesheettosupply additional
information that will notfitonthis line;however,youmustmake reference,ontheabove line,tothe additional
sheet and the additional sheet must be signed under oath),[while the ethics code still applies,ifthe person
executing this form is doing soon behalf ofa firm whose stock is publicly traded,the statement in this section (7)
shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent
investigation as tothe relationship by blood or marriage of employees,officers,or directors ofthe Firm,orof any
of their immediate family to any appointed or elected officials ofthe City,orto their immediate family members].
(8)No Other Firm,nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5%in thatOther Firm,nor any member of those persons'immediate family (i.e.,spouse,parents,children,
brothers and sisters)nor any ofmy immediate family members (hereinafter referred to as "Related Parties")has
responded toa solicitation bytheCityin which I orthe Firm that I represent or anyone who has a financial
interest greater than 5%inthe Firm,or any member ofthose persons'immediate family (i.e.spouse,parents,
children,brothers and sisters)have also responded,other than the following:
.Of
necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust
make reference,onthe above line,tothe additional sheet and the additional sheet must be signed under oath),
[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis
publicly traded,the statement in this section (8)shall be based solely onthe signatory's personal knowledge and
he/she isnot required tomakean independent investigation intotheOther Firm,orthe Firm he/she represents,as
totheir officers,directors or anyone having a financial interest inthose Firms or any oftheir any memberofthose
persons'immediate family.]
(9)I and the Firm agree thatwe are obligated to supplement this Verification Form and inform theCityof any
change in circumstances that would change our answers tothis document.Specifically,afterthe opening of any
responsestoa solicitation,I andthe Firm havean obligation tosupplementthis Verification Form withthenameof
all Related Parties who have also responded tothe same solicitation and to disclose the relationship ofthose
parties to me and the Firm.
(10)A violation ofthe City's Ethics Code,the giving of any false information orthe failure to supplement this
Verification Form,may subject meorthe Firm to immediate termination of any agreement withthe City,and the
imposition ofthemaximumfineand/orany penalties allowed by law.Additionally,violations maybeconsideredby
andsubjectto action bythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I
havemadea diligent efforttoinvestigatethematterstowhich I am attesting hereinaboveandthatthestatements
madehereinabovearetrueand correct tothebestofmyknowledge,informationandbelief.
Signature:
Print Name &Title:KELLY,CHAD OWNER
Date:
ATTACHED:
Sec.8A-1 -Conflict of interest and code of ethics ordinance.
MUnicode Page 10f4
Page32 of 71
Thomas F.Pepe 8-26-14
Sec.8A-1.-Conflict of interest and code of ethics ordinance.
(a)Designation.
This section shallbedesignatedand known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance."Thissectionshallbe applicable to all citypersonnelasdefinedbelow,and shall also constitute a
standardofethicalconductandbehaviorfor all autonomouspersonnel,quasi-judicial personnel,advisory
personnelanddepartmentalpersonnel.Theprovisionsofthissection shall beappliedinacumulativemanner.By
wayofexample,andnotasa limitation,subsections(c)and(d)maybe applied tothesamecontractor transaction.
(b)Definitions.Forthepurposesofthissectionthe following definitions shall beeffective:
(1)Theterm"commissionmembers"shall refertothemayorandthemembersofthecitycommission.
(2)Theterm"autonomous personnel"shall refertothemembersofautonomous authorities,boards and agencies,
suchas the city community redevelopment agencyandthehealth facilities authority.
(3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,theenvironmentalreview
and preservation board,the code enforcement boardandsuch other individuals,boards and
agencies of the cityas perform quasi-judicialfunctions.
(4)Theterm "advisory personnel"shall refertothemembersofthosecity advisory boards and agencies whose
soleorprimary responsibility istorecommend legislation orgiveadvicetothecitycommission.
(5)Theterm "departmental personnel"shall refertothecity clerk,thecity manager,department heads,thecity
attorney,and all assistants to thecityclerk,city manager andcityattorney,however titled.
(6)Theterm "employees"shall referto all other personnel employed bythecity.
(7)Theterm"compensation"shall refertoanymoney,gift,favor,thingofvalueor financial benefitconferred,or
to be conferred,in return for services rendered or to be rendered.
(8)Theterm "controlling financial interest"shall referto ownership,directly or indirectly,often percentormore
ofthe outstanding capital stockinanycorporationoradirectorindirectinterest often percentormoreina firm,
partnership,or other businessentityatthetimeof transacting businesswiththecity.
(9)Theterm "immediate family"shall refertothe spouse,parents,children,brothers and sisters ofthe person
involved.
(10)Theterm "transact any business"shall refertothe purchase or sale bythecityof specific goods or services
for consideration and to submitting a bid,a proposal in response toa RFP,astatementof qualifications in response
toarequestbythecity,orenteringintocontract negotiations forthe provision
onany goods or services,whichever first occurs.
(c)Prohibitionontransactingbusinesswiththecity.
No person included intheterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enterinto
anycontractortransactanybusinessinwhichthatpersonoramemberoftheimmediate family hasa financial
interest,directorindirectwiththecityoranypersonor agency acting forthecity,andanysuchcontract,
agreement or business engagement entered inviolation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasanceinofficeandshallaffect forfeiture of officeor
position.Nothinginthissubsection shall prohibitormake illegal:
(1)The payment of taxes,special assessments or fees for services provided bythecity government;
(2)The purchase of bonds,anticipation notesorother securities that may be issued bythecitythrough
underwriters ordirectlyfrom time to time.
Waiver of prohibition.The requirements ofthis subsection may be waived for a particular transaction only by four
affirmative votesofthecity commission after public hearing upon finding that:
(1)An bpen-to-all sealed competitive proposal has been submitted byacity person as defined in paragraphs (b)(2),
(3)and(4);
(2)The proposal has been submitted bya person or firm offering services within the scope ofthe practice of
architecture,professional engineering,or registered land surveying,as defined bythe laws ofthestate and
pursuant tothe provisions ofthe Consultants'Competitive Negotiation Act,and whenthe proposal has been
submitted byacity person defined in paragraphs (b)(2),(3)and (4);
(3)The property or services tobe involved in the proposed transaction are unique and the city cannot avail itself
ofsuchpropertyorservices without enteringa transaction whichwouldviolatethissubsectionbutforwaiverof
its requirements;and
(4)Thatthe proposed transaction will beinthebest interest ofthe city.
This subsection shall be applicable only to prospective transactions,and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbe construed to amend or repeal
any other lawpertainingtothesamesubjectmatter.
Page33 of 71
Thomas F.Pepe 8-26-14
(d)Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into
any contract or transact any business through a firm,corporation,partnership or business entity in which that
person or any member ofthe immediate family has a controlling financial interest,direct or indirect,with the city
or any person or agency acting forthe city,and any such contract,agreement or business engagement enteredin
violation ofthis subsection shall render the transaction voidable.The remaining provisions of subsection (c)will
also be applicable to this subsection as though incorporated by recitation.
Additionally,no person included in the term defined in paragraph (b)(1)shall vote on or participate in any way in
any matter presented tothe city commission ifthat person has any ofthe following relationships with any ofthe
persons or entities which would beor might be directly or indirectly affected by any action ofthe city commission:
(I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or
(2)Stockholder,bondholder,debtor,or creditor,ifin any instance the transaction or matter would affect the
person defined in paragraph (b)(1)in a manner distinct from the manner in which it would affect the public
generally.Any person included in the term defined in paragraph (b)(I)who has any ofthe specified relationships
or who would or might,directly or indirectly,realize a profit by the action ofthe city commission shall not vote on
or participate inanywayin the matter.
(E)Gifts.
(l)Defmition.Theterm "gift"shall refertothe transfer of anything of economic value,whether in the form of
money,service,loan,travel,entertainment,hospitality,item or promise,orin any other form,without
adequate and lawful consideration.
(2)Exceptions.The provisions of paragraph (e)(1)shall not apply to:
a.Political contributions specifically authorized bystate law;
b.Gifts from relatives or members of one's household,unless the person is a conduit on behalf ofa third party to
the delivery ofa gift thatis prohibited under paragraph(3);
c Awardsforprofessional or civicachievement;
d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising
nature.
(3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.It is
also unlawful for any personorentityto offer,give oragreeto give to any person included in theterms defined in
paragraphs (b)(1)through (6),or for any person included in the terms defined in paragraphs (b)(1)through (6)to
accept or agreeto accept from another personorentity,any gift for or becauseof:
a.An official public action taken,ortobe taken,or which could be taken,or an omission or failure to take a public
action;
b.A legal duty performed ortobe performed,or which could be performed,or an omission or failure to perform
alegalduty;
c.A legal duty violated ortobe violated,or which could be violated by any person included intheterm defined in
paragraph (b)(1);or
d.Attendanceorabsencefroma public meetingatwhich official actionistobetaken.
(4)Disclosure.Any person included in theterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or
series of gifts from anyone person or entity,having a value in excess of $25.00.The disclosure shall be made by
filing acopyofthedisclosureformrequiredbychapter 112,Florida Statutes,for "local
officers"withthe city clerk simultaneously with the filing ofthe form with theclerkofthe county and with the
Florida Secretary of State.
(f)Compulsory disclosure byemployees of firms doing business withthecity.
Should anyperson included intheterms defined in paragraphs (b)(1)through (6)be employed bya corporation,
firm,partnership or business entity in which that person orthe immediate family does not have a controlling
financial interest,and should the corporation,firm,partnership or business entity have substantial business
commitments toorfromthecityoranycity agency,orbesubjecttodirect regulation bythecityoracity agency,
thentheperson shall file aswornstatement disclosing such employment andinterestwiththeclerkofthe city.
(g)Exploitation of official position prohibited.
Noperson included intheterms defined in paragraphs (b)(l)through(6)shall corruptlyuseorattempttousean
official positionto secure specialprivileges or exemptions for that person or others.
(h)Prohibitionon use of confidential information.
Noperson included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in
anybusinessorprofessionalactivitywhichonemight
reasonably expectwouldrequireorinduceoneto disclose confidential information acquired byreasonofan
official position,nor shall thatpersoninfactever disclose confidential information garneredor gained throughan
Page 34 of 71
Thomas F.Pepe 8-26-14
official positionwith the city,nor shall that person everusesuchinformation,directly or indirectly,forpersonal
gain or benefit.
(i)Conflicting employment prohibited.
No person includedin the terms definedinparagraphs (b)(1)through (6)shall accept other employment which
wouldimpair independence of judgment in the performance ofanypublicduties.
(j)Prohibition on outside employment.
(1)No person includedin the terms definedin paragraphs (b)(6)shall receive any compensation for services asan
officer or employee of the cityfromany source other than the city,except asmaybe permitted asfollows:
a.Generally prohibited.Nofull-timecityemployeeshall accept outsideemployment,either incidental,occasional or
otherwise,where citytime,equipment or materialis to beused or where such employment or any part thereof is
tobe performed oncitytime.
b.When permitted.Afull-timecity employee may accept incidental or occasional outside employment solongas
such employment is not contrary,detrimental or adverse to the interest of the city or anyofits departments and
the approval required in subparagraph c.is obtained.
c.Approvalof department head required.Any outside employment byanyfull-timecity employee mustfirstbe
approved inwritingby the employee's department head who shallmaintaina complete record ofsuch
employment.
d.Penalty.Any person convictedofviolatinganyprovisionofthis subsection shallbepunishedasprovidedin
section I-11 of the Code ofMiami-DadeCountyand,inadditionshallbe subject todismissalbytheappointing
authority.Thecitymayalsoassessagainsta violator afine not toexceed$500.00and the costsofinvestigation
incurred by the city.
(2)All full-timecityemployeesengagedinanyoutsideemploymentforanyperson,firm,corporation or entity
other than the city,or anyofitsagencies or instrumentalities,shall file,under oath,anannual report indicatingthe
source of the outside employment,the nature ofthe work beingdoneandany amount ofmoney or other
consideration received by the employee from the outside employment City employee reports shallbefiledwith
thecityclerk.The reports shallbe available atareasonabletimeandplaceforinspectionbythe public.Thecity
managermay require monthly reports from individual employees or groups ofemployeesforgood cause..
(k)Prohibited investments.
Noperson included inthetermsdefinedin paragraphs (b)(1)through(6)oramemberofthe immediate family
shall havepersonalinvestmentsinanyenterprisewhich will createa substantial conflictbetweenprivateinterests
and the public interest.
(I)Certain appearances and payment prohibited.
(1)Noperson included inthetermsdefinedin paragraphs (b)(1),(5)and(6)shall appearbeforeanycityboardor
agencyandmakea presentation onbehalfofathirdpersonwith respect to any matter,license,contract,
certificate,ruling,decision,opinion,rateschedule,franchise,or other benefitsoughtbythethirdperson.Nor shall
thepersonreceiveanycompensation or gift,directlyor indirectly,forservices rendered toathirdperson,who
has applied fororisseekingsomebenefitfromthecityoracity agency,inconnectionwiththe particular benefit
soughtbythethirdperson.Norshallthepersonappearinanycourtorbeforeany administrative tribunalas
counselor legal advisortoapartywhoseeks legal relieffromthecityoracity agency throughthesuitinquestion.
(2)Noperson included intheterms defined in paragraphs (b)(2),(3)and(4)shall appearbeforethecity
commission or agencyonwhichthe person serves,either directly or through anassociate,andmakea
presentationon behalf ofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision,
opinion,rate schedule,franchise,or other benefitsoughtbythethirdperson.Nor shall suchperson receive any
compensation or gift,directlyor indirectly,for services renderedtoathirdpartywhohas applied fororis seeking
some benefit fromthecity commission or agency on which thepersonservesin connection withthe particular
benefitsoughtbythethirdparty.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as
counselor legal advisortoathirdpartywhoseeks legal relieffromthecity commission or agency on which such
person serves through the suitin question.
(m)Actions prohibited when financial interests involved.
Noperson included intheterms defined in paragraphs (b)(I)through (6)shall participate inany official action
directly or indirectly affecting a business in which thatpersonor any member ofthe immediate family has a
financial interest.A financial interestis defined in this subsection to include,butnotbe limited to,any direct or
indirect interest inanyinvestment,equity,or debt.
(n)Acquiring financial interests.
Noperson included intheterms defined in paragraphs (b)(1)through(6)shall acquirea financial interestina
project,businessentity or property atatimewhenthepersonbelievesorhasreasontobelievethatthe financial
Page35 of 71
Thomas F.Pepe 8-26-14
interest may be directly affected by official actions or by official actions by the city or city agency ofwhich the
personisan official,officer or employee.
(0)Recommending professional services.
No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany
lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional
or otherwise,to assist in any transaction involving the city or any of its agencies,provided thata recommendation
may properlybemadewhenrequiredtobe made bythedutiesof
office and in advance ata public meeting attended by other city officials,officers or employees.
(p)Continuing applicationaftercityservice.
(1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after
his or her city service or employment has ceased,lobby any city official [as defined in paragraphs
(b)(1)through (6)]in connection with any judicial or other proceeding,application,RFP,RFQ,bid,request for
ruling or other determination,contract,claim,controversy,charge,accusation,arrest or other particular subject
matterin which thecityoroneofits agencies isa party or has any interest whatever,whetherdirectorindirect
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application toa city department or agency during the two-year period after his orher service has ceased.
(2)The provisions ofthe subsection shall not apply to persons who become employed by governmental entities,
501 (c)(3)non-profit entities or educational institutions or entities,and who lobby on behalf of those entities in
their official capacities.
(3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whose city service or
employment ceasedafter the effectivedateof the ordinancefromwhichthissectionderives.
(4)No person described in paragraph (p)(l)whose city service or employment ceased within two years prior to
the effective date ofthis ordinance shall for a period oftwo years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l)in
which thecityoroneofits agencies isapartyor has anydirectand substantial interest;andin which heorshe
participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of
advice,investigation,or otherwise,during his or her city service or employment A person participated "directly"
where heor she was substantially involved in the particular subject matter through decision,approval,disapproval,
recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or
employment A person participated "indirectly"where heor she knowingly participated in any way in the particular
subject matter through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or
otherwise,during his orher city service or employment.All persons covered by this paragraph shall execute an
affidavit ona form approved by the city attorney prior to lobbying any city official attesting thatthe
requirements ofthis subsection donot preclude theperson from lobbying city officials.
(5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p).
(q)City attorney torenderopinionsonrequest.
Whenever any person included in the terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)is in
doubtastotheproperinterpretationor application ofthis conflict ofinterestandcodeofethics ordinance,or
whenever any personwhorenders services tothe city isindoubtastothe applicability ofthe ordinance that
person,may submit tothe city attorney a full written statement ofthe facts and questions.The city attorney shall
thenrenderan opinion to such person and shall publish these opinions without useofthe name ofthe person
advisedunless the personpermitstheuseofaname.
(Ord.No.6-99-1680,§2,3-2-99)
Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-I and 8A-2 intheir entirety and replaced
them withnew§§
8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration of policy and definitions,respectively,and
derived fromOrd.No.634,§§I (I A-1),I (IA-2)adopted Jan.11,1969.
END OF SECTION
Page 36 of 71
Thomas F.Pepe 8-26-14
"Air Conditioning Unit Installation for the Gibson-Bethel Community Center"
•-...o -.-*k.--oa,~-.1 j _.•_.09 j r SEPTEMBER -A 14 _THISCONTRACTwasmadeand entered into on this u:?dayof ,20,by
and between BETTER AIR CONDITIONING,LLC (hereafter referred to as
"Contractor"),andtheCityofSouth Miami (hereafterreferredtoas"Owner"),throughitsCityManager (hereafter
referred to as"City").
WITNESETH:
That,the Contractor,for the consideration hereinafter fully set out,hereby agreeswith the Owner asfollows:
1.The Contractor shallfurnishalllabor,materials,equipment,machinery,tools,apparatus,transportation
andany other items necessary to performallofthe work shownonand described in the Contract
Documents andshalldoeverything required bythis Contract and the other Contract Documents,and
hereinafter referred to as the Work.
2.The Contract Documents shallincludethis Contract,the General Conditions to the Contract,ifany,the
drawings,plans,specificationsand project manual,ifany,any supplementary or special conditions,other
documents referring to this contract andsignedby the parties,the solicitation documents ("hereinafter
referred toas"Bid Documents")andany documents to which those documents refer and that are used
by the Owner aswellasany attachments or exhibits that aremadea part ofanyof the documents
described herein.
3.The Contractor shall commence the Work tobe performed under this Contract ona date to bespecified
ina Notice to Proceed andshall complete all Work hereunder within the lengthoftime set forthin the
Contract Documents.
4.The Owner hereby agrees to payto the Contractor for the faithful performance ofthis Contract,subject
to additions and deductions asprovidedin the Contract Documents andany properly approved,written
change orders,inlawful money of the United States,the amount of:
^\V-a^K^Lo^^>^btW|^Wac>(Dollars ($*\C/)fd .00 ),Lump Sum
("Contract Price").g^J /'
(SpellDollarAmountonlineabove)\|
5.The expenses of performing Work afterregularworkinghours,andonSundayandlegalholidaysshallbe
includedin the Contract Price.However,nothingcontainedhereinshall authorize work ondaysand
during hours that are otherwise prohibitedby ordinance unlessspecifically authorized or instructed in
writing by the City.
6.Ifthe Work is expected to requiremorethanonemonth,the Owner shallmakemonthlypartial
paymentsto the Contractor on the basisofadulycertifiedandapprovedscheduleofvaluesfor the Work
performed duringeachcalendarmonthbythe Contractor,less the retainage (all asprovidedforin the
Contract Documents),whichistobewithheldbythe Owner until completion and acceptance ofthe
complete project in accordance withthis Contract and the other Contract Documents anduntilsuch
Work hasbeen accepted by the City.
7.Uponsubmissionby the Contractor ofevidencesatisfactorytothe Owner that alllabor,material,and
other costsincurredbythe Contractor inconnectionwiththeconstructionofthe Work havebeen paid
in full,andaftercompliancewiththe terms forpaymentprovidedforin the Contract Documents,final
paymentonaccountofthis Contract shall bemadewithinsixty(60)calendardaysafterthecompletionby
the Contractor ofall Work coveredbythis Contract and the acceptanceofsuch Work bytheOwner.
8.In theeventthatthe Contractor shall fail tocompletetheWorkwithinthetime limit stipulated inthe
Contract Documents,ortheextendedtime limit agreedupon,inaccordancewiththeprocedureasmore
particularly setforthinthe Contract Documents,liquidated damages shall bepaidbythe Contractor at
therateof $150.00 dollarsperday,plus any monies paid bytheOwnertotheConsultant,if any,for
additional engineeringandinspection services,if any,associatedwithsuch delay.
9.Itisfurther mutually agreedbetweenthepartiesheretothatifaPaymentand/orPerformanceBond
("Bond")is required and if,atanytime after the execution ofthis Contract and the Bondforitsfaithful
performanceand payment,theCity shall deemtheSuretyorSuretiesuponsuchbond(s)tobe
unsatisfactory,or if,foranyreasonsuchbondceasestobeadequatetocovertheperformanceofthe
Workor payment to subcontractors and suppliers,theContractor shall,atitsexpense within five (5)
businessdaysafterthereceiptofnoticefromtheCitysotodo,furnishanadditionalbondorbondsin
suchformandamountandwithsuchSuretyorSuretiesas shall be satisfactory tothe City.In suchevent,
Page 38 of 71
Thomas F.Pepe 8-26-14
no f^r^h0'*r>^vT!r'r!t to **hc Ccptrcio*"or ^^^U ^r*dorirr}od to bo d'io I'ndo*"^hic Con^mct '.!P.t''ruch new or
additional securityforthe faithful performanceofthe Work is furnished inthemannerandintheform
satisfactory to the City.
10.Noadditional Work orextras shall bedoneunlessthesameisdulyauthorizedinwritingandinadvanceof the
work byappropriateactionbytheCityandinaccordancewiththe Contract Documents.
11.Thedate that this contract was"madeand entered into"is the datethat the lastpartysignsthis contract The
EffectiveDate of this contract is the dateitwasmadeand entered into or,if the contract is required to be
approved by resolution of the City Commission,then the EffectiveDateis the date of the resolution.
12.The date that this contract was "made and entered into"and its effective date is the date that the contract is
the signedby the City.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the dayanddate set forth next to
their name below andmaybesignedinoneor more counterparts,each of whichshall,without proof or
accounting for the other counterpart,be deemed anoriginal Contract.
AUTHENTICATION:
City Clerk
Readand Approveia£tcw£cTrm,Lan
Legality ajyi-^KecXtfiop thereof:
Signature:
Thomas F.Pepe 8-26-14
CONTRACT
Signature:_£
Name:KELLY,
Title:OWNER
OWNER:CITYOI
Signature:
St^vgD-Alexander
CityManager
Page 39 of 71
CONDITIONING,LLC
GENERAL CONDITIONS
ARTICLE I -DEFINITIONS
Whenever usedin these General Conditions orin the other Contract Documents,the following terms
shall havethe meaning indicated.These definitions shall always apply whenthesectionoftheContract specifically
referstothisArticleforthepurposeofinterpretingawordorgroupofwordsinthatsectionoftheContract
Document.However,when the section of the Contract,where the word to be defined is used,does not
specifically referstothisArticletodefinethewordorgroupofwords,thedefinitionscontainedinthisArticle shall
notapplyunlessthewordorgroup of words,inthe context ofitortheiruseinthe Contract Document in
question,is/areambiguousandopenforinterpretation.In addition,thesedefinitions shall alsonotapplyto
interprettermsinaspecificprovisionofaContract Document ifthatspecificprovisioncontainsadefinitionof
these terms:
Addenda:Written orgraphic documents issuedpriorto the Bid Openingwhichmodifyor interpret the
Contract Documents,DrawingsandSpecifications,byaddition,deletions,clarificationsor correction.
ApplicationforPayment:Aformapprovedby the CONSULTANT whichis to beusedby the
CONTRACTOR in requesting progress payments.
Bid:The offer orproposal of the Bidder submitted on the prescribedform setting forth the pricesand
other terms for the Work to be performed.
Bidder:Any person,firmor corporation submittinga response to the City'ssolicitationforproposalsor
bids for Work.
Bid Documents:The solicitation forbidsorproposalsandall documents that make up the solicitation
including the instructions,form of documents and affidavits.
Bonds:Bidbond,performance and payment bondsand other instruments of security,furnishedby the
CONTRACTOR andits surety in accordance with the Contract Documents andin accordance with the laws of
the State of Florida.
Change Order A written order to the CONTRACTOR signedby the City authorizing anaddition,
deletion or revisionin the Work,or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract
CITY:The City Managerfor the City of South Miami,6130 Sunset Drive,South Miami,FL 33143.
Construction Observer:An authorized representative of the CONSULTANT assigned to observe the
Work performedandmaterialsfurnishedby the CONTRACTOR orsuch other personasmaybeappointedby
the CITYashis representative.The CONTRACTOR shall benotifiedinwriting 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 as
wellasallBid Documents including but not limited to the solicitationforBid,CONTRACTOR'S Bid,the Bonds,
Insurance endorsements,Insurance Certificates andpolicies,the Notice of Award,the Notice to Proceed,the
GeneralConditions,Special Conditions,ifany,anySupplementaryConditions,theTechnical Specifications,
Drawings,includinganyincorporatedspecifications,addendato the drawingsissuedprior to execution ofthe
Contract ChangeOrders,Construction ChangeDirectivesandany written order foraminorchangein the
Work,and written modifications to anyof the Contract Documents.
Contract Price:Thetotal moneys payable tothe CONTRACTOR pursuantto the terms ofthe Contract
Documents.
Contract Time:The number ofcalendardaysstatedinthe Contract for the completion of the Work.
Contracting Officer:The individual who isauthorizedtosign the contract documents onbehalf of the
CITY'Sgoverningbody.
CONTRACTOR:The person,firmor corporation with whom the CITY has executed the Contract
CONSULTANT:Thepersonidentifiedasthe CONSULTANT intheSupplementaryConditionsoras
designatedby the CITY in writing and delivered to the CONTRACTOR.
Day:Aperiodof twenty-four hoursmeasuredfromthe beginning ofthedayat 12:01 a.m.andit shall be
presumedtobeacalendardayunless specifically designatedasabusinessday.
Days:The number of twenty-four (24)hourperiodsfollowingthe event towhich the word "days"refers
commencingat 12:01 a.m.atthestartofthe next day.Therefore,incomputinganyperiodoftimeprescribedor
allowedbytheContractDocuments,thedayofthe act eventordefaultfromwhichthe designated periodoftime
beginstorun shall notbeincluded.Thelastday of theperiodso computed shall beincludedunlessitisa
Saturday,Sundayor legal holiday,inwhicheventtheperiod shall rununtiltheendofthe next businessdaythatis
not aSaturday,Sundayor legal holiday.
Page 40 of 71
Thomas F.Pepe 8-26-14
Defective Work:Work t^.t Is L!n_?.t'sf?ctorv/,fc*u!tv,or deficient In thst It does not conform to the
Contract Documents,ordoes not meet the requirements ofany applicable inspection,reference standard,test,or
approval referredtointheContractDocuments,orhasbeen damaged priortotheCONSULTANT'S
recommendation of final payment (unless responsibility fortheprotectionthereofhasbeen delegated tothe City);
substitutionsthatarenotproperlyapprovedandauthorized,anydeficiencyinthe Work,materialsand equipment
materials and equipment furnishedunderthe Contract thatarenotgoodqualityandnewunless otherwise
requiredor permitted by the Contract Documents.
Drawings:Thedrawingswhich show the characterandscopeof the Work to be performed andwhich
havebeenpreparedorapprovedbythe CONSULTANT andarereferredtoin the Contract Documents.
Field Order:A written order issuedbythe CONSULTANT which clarifies or interprets the Contract
Documents inaccordancewith Paragraph 9.3orordersminorchangesin the Work inaccordancewith paragraph
10.2.
Modification:(a)A written amendment of the Contract Documents signedbybothparties,(b)aChange
Order signedbybothparties,(c)a written clarification orinterpretationifissuedby the CONSULTANT in
accordancewith paragraph 9.3or(d)a written order forminorchangeoralterationin the Work issuedby the
CONSULTANT pursuantto Paragraph 10.2.Amodificationmayonlybeissuedafter execution of the Contract,it
mustbeinwritingandsignedby the partyagainstwhom themodificationissought to beenforced.
Notice of Award:The written notice byCITY to the apparentsuccessfulBidderstating that upon
compliancewith the conditions precedent to be fulfilled byitwithin the time specified,CITY will execute and
deliver the Contract to him.
Notice to Proceed:A written notice givenbyCITY to CONTRACTOR (with copy to CONSULTANT)
fixing the dateonwhich the Contract Time shall commence to runandonwhich CONTRACTOR shall start to
perform itsobligations under the Contract Documents.
Person:Anindividual or legal entity.
Project:The entire construction operation being performed asdelineatedin the Contract Documents.
ShopDrawings:Alldrawings,diagrams,illustrations,brochures,schedules and other datawhichare
preparedby the CONTRACTOR,a Subcontractor,manufacturer,supplier,or distributor,and which illustrate the
equipment material or some portion of the work andas required by the Contract Documents.
Samples:Physical examples whichillustratematerials,equipment or workmanship andestablishstandards
by which the Work willbejudged.
Specifications:Those portions of the Contract Documents consisting of written technical descriptions of
materials,equipment construction systems,standardsand workmanship asapplied to the Work.
Subcontractor:An individual,firmorcorporation having adirect contract with CONTRACTOR orwith
any other Subcontractor for the performance ofapartof the Work at the construction site.
Substantial Completion:The date,ascertifiedby the CONSULTANT,when the construction of the
Projectoracertifiedpart thereof issufficiently completed,inaccordancewith the Contract Documents,so that
the Project,orasubstantialpart,canbeutilizedfor the purposesforwhichitwas intended without restrictionor
limitation to anydegree,other thanfor the repair of minor"punchlist"items;orif there benosuchcertification,
the datewhen final paymentisdueinaccordancewith paragraph 14.9.However,inno event shall theprojector
portion thereof,be deemed to besubstantially completed untilacertificate of occupancy orcertificate of useis
lawfully issuedby the applicable governmentalagency.Acertificateof Substantial Completion,issuedby the
CONSULTANT,shall benullandvoidifitisbasedon false,misleading orinaccurateinformation,fromanysource,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
adegreegreaterthanthatwhichwouldnormallytobeconsideredbytheCitytobeminor"punchlist"work.
Supplier:Anypersonororganizationwhosuppliesmaterialsor equipment forthe Work,including the
fabrication of anitem,but who does not perform laborat the site of the Work.
Surety:The individualor entity who isanobligoronaBondand who isboundwith the CONTRACTOR
for the full and faithful performance of the Contract andfor the payment of all labor,servicesandmaterialsused
on the project.
Work:Anyand all obligations,dutiesand responsibilities necessaryforthesuccessfulperformanceand
completion of the Contract
Notice:The term "Notice"as used herein shall mean and include all written notices,demands,
instructions,claims,approvalsand disapprovals requiredtoobtaincompliancewith Contract requirements.
Written notice shall bedeemedtohavebeendulyservedifdeliveredinpersontothe individual ortoamemberof
the firm ortoanofficerofthecorporationforwhomitisintended,ortoanauthorizedrepresentativeofsuch
individual,firm,orcorporation,orifdeliveredatorsentbyregistered mail tothelastknownbusinessaddress.
Page 41 of 71
Thomas F.Pepe 8-26-14
Up.'°ss r>*'herwisri «*tpfT>ri ip wjrjtfnrr np\'not're to or ^ri^ri'\r>^'.?nop the CITY under this Contr?.ct shsl!be delivered
to the CITY'S Managerand the CONSULTANT.
ARTICLE 2-PRELIMINARY MATTERS
Award:
2.1 TheCITYreserves the righttorejectanyand all Bids,atitssolediscretion.Bids shall beawardedby the
CITYtothe lowest responsiveandresponsibleBidder.NoNoticeofAward shall begivenuntiltheCITY
hasconcludeditsinvestigation,asitdeemsnecessary,toestablish,to the satisfactionoftheCITY,which
Bidderis the most responsive andresponsible of all the Biddersto complete the Work within the time
prescribedandinaccordancewith the Contract Documents.TheCITY reserves the right to reject the
Bid of anyBidder who is not believed to be,in the solediscretionandsatisfaction of the City,to be
sufficientlyresponsible,qualifiedand financial able to perform the work InanalyzingaBid,the CITY may
also take into consideration alternate andunitprices,if requested by the Bidforms.If the Contract is
awarded,the CITY shallissue the Notice of Award andgive the successful Bidder a Contract for
execution within one hundred eighty (180)calendardayafteropening of Bids.
Execution of Contract:
2.2 At leastfour counterparts of the Contract thePerformanceandPaymentBond,the Certificatesof
Insurance,the written notice of designated supervisor or superintendent asprovidedinSection 6.1 of the General
Conditions andsuch other Documents asrequiredby the Contract Documents shallbe executed and delivered by
CONTRACTOR to the CITY within ten (10)calendardays of receipt of the Notice of Award.A Contract
Document that requires the signature of apartymaybe executed in counterparts separatelybyeach of the parties
and,insuch event each counterpart separately executed shall,without proof oraccountingfor the other
counterpart be deemed anoriginal Contract Document
Forfeiture of Bid Security/Performance andPaymentBond:
2.3 Within ten (10)calendardays of beingnotified of the Award,CONTRACTOR shallfurnishaPerformance
BondandaPaymentBondcontaining all the provisions of the PerformanceBondandPaymentBond
attached.
2.3.1 Each Bondshallbein the amount of one hundred percent (100%)of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered insuch Contract as
wellas full paymentof all suppliers,materialman,laborers,or Subcontractor employed pursuant
to this Project Each BondshallbewithaSuretycompany whose qualifications meet the
requirements of Sections 2.3.4,2.3.5,and2.3.6.
2.3.2 Each Bond shall continueineffectforfiveyearafter final completionandacceptance of the Work
with the liability equaltoonehundredpercent (100%)ofthe Contract Sum.ThePerformance
Bond shall beconditionedthat CONTRACTOR shall,uponnotificationbyCITY,correct any
patentdefectiveor faulty Work ormaterialswhichappearwithinoneyearafter final completion
oftheContractand shall,upon notification byCITY,correctanylatentdefectiveor faulty Work
ormaterialswhichappearwithinfiveyearafter final completion of the Contract.
2.3.3Pursuant to the requirements ofSection255.05(1),Florida Statutes,CONTRACTOR shall
ensurethat the Bond(s)referencedabove shall4be recorded inthepublicrecordsof Miami-Dade
County andprovideCITYwithevidenceofsuchrecording.
2.3.4 Each Bond must be executed byasuretycompanyauthorizedtodobusinessintheState of
Florida asasurety,having aresidentagentintheStateof Florida andhavingbeeninbusinesswith
arecord of successfulcontinuousoperationforaleastfive(5)years.
2.3.5Thesuretycompany shall holdacurrentcertificateofauthorityasacceptablesuretyon federal
bondsinaccordancewiththeUnitedStates Department ofTreasuryCircular570,current
revisions.
2.3.6TheCITYwillacceptasuretybondfromacompanywitharatingA.VII or better.
2.3.7 Failure ofthe successful Bidder toexecute and deliver theContractand deliver the required
bondsandInsuranceCertificatesasstipulatedin Paragraph 2.2 shall becausefor the CITY to
annul the Notice of Award anddeclare the Bidandany security therefore forfeited.
Contractor's Pre-Start Representation:
2.4CONTRACTORrepresentsthatit has familiarized itselfwith,and assumes full responsibility for having
familiarized itselfwiththenatureandextentoftheContract Documents,Work,locality,andwith all local
conditionsand federal,stateand local laws,ordinance,rulesand regulations thatmayinanymanneraffect
performanceofthe Work,andrepresentsthatithascorrelateditsstudyandobservationswiththe
Page 42 of 71
Thomas F.Pepe 8-26-14
renu'remen*"^of th°Contract Doc,?n-irtn*"c CONTR.ACTOR also re^^e^^tr that It has studied all si?p/evs.
andinvestigations,reports ofsubsurfaceandlatent physical conditionsreferredtoin the specifications
andmadesuch additional surveysand investigations asitdeemsnecessaryfortheperformanceofthe
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 shallstart to performitsobligationsunderthe Contract Documents on the date the
Contract Time commences to run.No Work shall bedoneat the site(asdefinedin Article I),priorto
the dateonwhich the Contract Time commences to run,except with the written consent of the CITY
Before Starting Construction:
2.7 Before undertaking eachpart of the Work,CONTRACTOR shallcarefully study and compare the
Contract Documents and check andverify pertinent figures shown thereon andallapplicablefield
measurements and conditions.Itshallat once report inwritingto CONSULTANT any conflict error,or
discrepancywhichitmaydiscover.Neither the CITYnor the CONSULTANT shallbeliableforany
harm,damageorlosssufferedby CONTRACTOR asaresultofitsfailure to discoverany conflict error,
ordiscrepancyin the DrawingsorSpecificationsnorshall the CONTRACTOR be entitle to any
compensation foranyharm,damageorlosssufferedby the CONTRACTOR due to any conflict error,
or discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five(5)business days after delivery of the Notice to Proceedby CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT forapproval,an estimated construction schedule
indicating the startingand completion dates of the variousstages of the Work,andapreliminary schedule
of ShopDrawingsubmissions.The CONSULTANT shall approvethisscheduleorrequirerevisions
thereto within seven (7)calendardays of itssubmittal.If there is more than one CONTRACTOR
involvedin the Project the responsibilityforcoordinating the Work of all CONTRACTORS shallbe
provided in the Special Conditions.
2.9 Within five(5)businessdaysafterdeliveryof the executed Contract byCITY to CONTRACTOR,but
before starting the Work at the site,a pre-construction conference shallbeheld to review the above
schedules,to establishproceduresfor handling Shop Drawings and other submissions,andforprocessing
Applicationsfor Payment andtoestablishaworkingunderstanding between the partiesastotheProject.
Presentat the conference willbetheCITY'Srepresentative,CONSULTANT,ResidentProject
Representatives,CONTRACTOR anditsSuperintendent.
Qualifications of Subcontractors.Material menand Suppliers:
2.10 Within five (5)businessdaysafterbid opening,theapparentlowestresponsiveandresponsibleBidder
shall submit to the CITYand the CONSULTANT foracceptancealistofthenamesof Subcontractors
andsuch other personsand organizations (including thosewhoareto furnish principal itemsof materials
orequipment)proposedforthoseportionsofthe Work astowhichtheidentityofSubcontractorsand
other personsandorganizations must be submitted asspecifiedin the Contract Documents.Within
thirty(30)calendar daysafter receiving thelistthe CONSULTANT willnotifythe CONTRACTOR in
writingifeithertheCITYortheCONSULTANT has reasonable objectiontoany Subcontractor,person,
or organization onsuchlistThe failure oftheCITYorthe CONSULTANT tomakeobjectiontoany
Subcontractor,person,or organization onthelist within thirty (30)calendar days ofthereceipt shall
constituteanacceptanceofsuchSubcontractor,personor organization.Acceptanceofanysuch
Subcontractor,personor organization shall notconstituteawaiverofanyrightoftheCITYorthe
CONSULTANTtoreject defective Work,material orequipmentoranyWork,material orequipment
not in conformance with the requirements of the Contract Documents.
2.11 If,prior totheNoticeof Award,theCITYorthe CONSULTANT has reasonable objection to any
Subcontractor,personor organization listed,the apparent low Bidder may,priortoNoticeofAward,
submit anacceptable substitute without anincreaseinitsbidprice.
ARTICLE 3-CORRELATION.INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 Itistheintentofthe Specifications and Drawings to describe acomplete Project tobe constructed in
accordance withtheContractDocuments.TheContractDocumentscomprisetheentireContract
Page43 of 71
Thomas F.Pepe 8-26-14
hofw^ep *h^CITY and the ^"ON^RACTOR."I"hey mav be altered cnlv bw a modification as defined In
Article I.
3.2TheContractDocumentsare complementary;whatis called forbyoneisas binding asif called forby all
the documents.If CONTRACTOR findsaconflict,error ordiscrepancyin the Contract Documents,it
shall,beforeproceedingwiththe Work affectedthereby,immediately call ittotheCONSULTANT'S
attentioninwriting.ThevariousContractDocumentsarecomplementary;incaseofconflict,erroror
discrepancy,themorestringentinterpretationandrequirementthat shall providethemaximumbenefitto
the City shallapply
3.3 The words "furnish"and"furnishand install","install",and "provide"or words withsimilarmeaningshall
beinterpreted,unlessotherwise specifically stated,tomean"furnishand install completein place and
readyforservice".
3.4Miscellaneous items and accessories whichare not specifically mentioned,but whichareessential to
producea complete andproperlyoperating installation,orusablestructure,providingtheindicated
functions,shallbefurnishedandinstalled without changein the Contract Price.Such miscellaneous items
andaccessoriesshallbe of the samequalitystandards,includingmaterial,style,finish,strength,class,
weightand other applicable characteristics,asspecifiedforthemajor component ofwhich the
miscellaneousitemoraccessoryisanessentialpart,and shall beapprovedby the CONSULTANT before
installation.The above requirement is not intendedtoincludemajor components not covered byor
inferablefrom the DrawingsandSpecifications.
3.5 The Work of all trades under this Contract shallbe coordinated by the CONTRACTOR insucha
mannerasobtain the bestworkmanshippossiblefortheentireProject,and all components of the Work
shallbeinstalledor erected inaccordancewith the best practices of the particulartrade.
3.6 The CONTRACTOR shallberesponsibleformaking the construction of habitable structures under this
Contract rainproof,andformaking equipment andutilityinstallations properly perform the specified
function.Ifheis prevented fromsodoingbyanylimitations of the Drawings or Specifications,the
CONTRACTOR shall immediately notify the CONSULTANT in writing of suchlimitations 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 isgiven to codes,orstandardspecificationsor
other datapublishedbyregulatingagencies or accepted organizations,including but not limited to
NationalElectrical Code,applicableStateBuilding Code,FloridaBuilding Code,FederalSpecifications,
ASTMSpecifications,various institute specifications,and the like,itshallbe understood that such
reference is to the latesteditionincludingaddendain effect on the date of the Bid.
3.8Brandnames where usedin the technical specifications,areintended to denote the standardorquality
requiredfor the particularmaterialorproduct.The term "equal"or"equivalent",when usedin
connection withbrandnames,shall be interpreted to meanamaterialor product that issimilarandequal
intype,quality,size,capacity,composition,finish,colorand other applicablecharacteristics to the material
or product specifiedbytradename,andthatissuitablefor the sameusecapable of performing the same
function,in the opinionof the CONSULTANT,asthematerialor product sospecified.Proposed
equivalentitems must beapprovedby CONSULTANT before they arepurchasedorincorporatedin the
Work.(When abrandname,catalognumber,model number,or other identification,isused without the
phrase"orequal",the CONTRACTOR shall use the brand,makeandmodelspecified).
3.9 Throughout this agreement the malepronounmaybe substituted forfemaleand neuter andviceversa
and the singular words substituted for plural and plural words substituted forsingular wherever
applicable.
3.10 Alltechnical interpretations shallbemadeby the CONSULTANT as set forthinSection9.3below.
3.11 The CONTRACTOR shall advisedthe CONSULTANT,priortoperformingany work involving aconflict
in the Contract Documents and the CONSULTANT shall make the final decision as to which of the
documents shall take precedence.In the event that there isaconflict between oramongthe Contract
Documents,only the latest version shallapplyand the latestversion of the Contract Documents.The
CONSULTANT shall usethe following listofContractDocumentsasa guide.Thesedocumentsareset
forth below in the order of their precedence so that all the documents listedaboveagiven document
should have precedence over all the documents listed below it.
(a)Amendments andChange Orders
(b)Addenda to Contract
(c)Contract withallExhibits thereto
(d)Supplementary Conditions
Page 44 of 71
Thomas F.Pepe 8-26-14
\/~t--—*-w--•-
(f)General Conditions
(g)Written orfigureddimensions
(h)Scaled dimensions
(i)Drawings of alargerscale
(j)Drawings of asmallerscale
(k)DrawingsandSpecificationsaretobe considered complementary to each other
ARTICLE 4-AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The CITY shallfurnish,asindicatedin the Contract Documents,the landsuponwhich the Work is to be
done,rights-of-wayforaccess thereto,andsuch other landswhicharedesignedfor the use of the
CONTRACTOR.Easements for permanent structures or permanent changesin existing facilitieswillbe
obtainedandpaidforby the CITY,unless otherwise specifiedin the Contract Documents.Other access
to suchlandsorrights-of-wayfor the CONTRACTOR'S convenience shallbe the responsibility of the
CONTRACTOR.
The CONTRACTOR shallprovideforalladditionallandsandaccess thereto that mayberequiredfor
temporary construction facilitiesorstorage of materialand equipment.
4.2 The CITY will,upon request,furnish to the Bidders,copies of all available boundary surveysand
subsurface tests at no cost
Subsurface Conditions:
4.3 The CONTRACTOR acknowledgesthathehasinvestigatedpriortobiddingandsatisfiedhimselfasto
the conditions affecting the Work,includingbut not limited to those bearingupon transportation,
disposal,handlingandstorage of materials,availability of labor,water,electric power,roadsand
uncertainties of weather,riverstages,tides,water tablesorsimilar physical conditions at the site,the
conformationandconditionsof the ground,thecharacterof equipment and facilities neededpreliminary
to andduring prosecution of the Work.The CONTRACTOR further acknowledges that hehassatisfied
himselfas to the character,qualityandquantityofsurfaceandsubsurfacematerialsorobstacles to be
encountered insofarasthisinformationisreasonablyascertainablefromaninspection of the site,
including all exploratory work donebytheCITY/CONSULTANT onthesiteoranycontiguoussite,as
wellasfrominformationpresentedbythe Drawings and Specifications madepartofthis Contract orany
other informationmade available toitpriortoreceiptofbids.Any failure bythe CONTRACTOR to
acquaint itselfwiththe available information shall notrelieveitfrom responsibility for estimating properly
the difficulty orcostof successfully performing Work.TheCITYassumesno responsibility forany
conclusions or interpretations madeby the CONTRACTOR on the basis of the information made
availableby the CITY/CONSULTANT.
DifferingSite Conditions:
4.4The CONTRACTOR shall withinfortyeight(48)hoursofits discovery,andbeforesuchconditionsare
disturbed,notify the CITY inwriting,of:
4.4.1 Subsurface orlatent physical conditions atthesite differing materially fromthose indicated inthe
Contract Documents,and
4.4.2Unknown physical conditions atthesite,ofan unusual nature,differing materially fromthose
ordinarily encounteredand generally inherentin Work ofthecharacterprovidedforinthis
Contract.TheCITY shall promptlyinvestigatetheconditions,andifitfindsthatsuchconditions
domateriallydiffer to the extent as to causean increase or decrease in the CONTRACTOR'S
costof,orthetimerequiredfor,performanceofanypartofthe Work underthis Contract an
equitable adjustment shall bemade and theContract modified in writing accordingly.
4.5 No claim ofthe CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above;provided,however,thetime prescribed thereforemaybe extended by
theCITY,butonlyifdoneinwriting signed bytheCity Manager ortheCONSULTANT.
ARTICLE 5-INSURANCE AND INDEMNIFICATION
5.0 Insurance
Page45 of 71
Thomas F.Pepe 8-26-14
A Wi^h^ut lirn!t!Pfr Its !?a.bl!itv the contractor consultant or consi!'t'nrr f*rm ^hereinafter referred to as
"FIRM"withregard to Insuranceand Indemnification requirements)shall berequiredtoprocureand
maintainatitsown expense during the lifeof the Contract,insurance of the typesandintheminimum
amountsstatedbelowaswill protect the FIRM,fromclaimswhichmayarise out of orresultfromthe
contract ortheperformance of the contract withtheCityofSouth Miami,whether suchclaimis against
the FIRM oranysub-contractor,orbyanyonedirectlyorindirectlyemployedbyany of them orby
anyone for whose actsany of them maybe liable.
B.Noinsurancerequiredby the CITYshallbeissuedor written byasurpluslinescarrierunlessauthorized
inwritingby the CITY andsuchauthorization shall beat the CITY'Ssoleand absolute discretion.The
FIRM shallpurchaseinsurancefromandshallmaintain the insurance with a company orcompanies
lawfully authorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as
will protect the FIRM,ataminimum,fromallclaimsassetforth below whichmayarise out of orresult
from the FIRM'S operations under the Contract andforwhich the FIRM maybe legally liable,whether
such operations beby the FIRM orbya Subcontractor orbyanyonedirectlyorindirectly employed by
any of them,orbyanyonefor whose actsanyof them maybe liable:(a)claimsunder workers'
compensation,disability benefit and other similar employee benefit actswhichareapplicable to the Work
to be performed;(b)claimsfordamagesbecause of bodilyinjury,occupational sickness ordisease,or
death of the FIRM's employees;(c)claimsfordamagesbecause of bodilyinjury,sicknessordisease,or
death of any person other than the FIRM's employees;(d)claimsfordamages insured byusualpersonal
injury liability coverage;(e)claimsfordamages,other than to the Work itself,because of injury to or
destruction of tangible property,includingloss of useresulting there from;(f)claimsfordamagesbecause
of bodilyinjury,death of apersonor property damagearising out of ownership,maintenanceoruse of a
motor vehicle;(g)claimsforbodilyinjuryor property damagearising out of completed operations;and
(h)claimsinvolvingcontractual liability insurance applicable to the FIRM's obligations under the Contract
5.1 Firm'sInsuranceGenerally
The FIRM shall provideand maintain inforceandeffectuntil all the Work tobe performed underthis
Contract hasbeen completed andacceptedbyCITY(orforsuchdurationasis otherwise specified
hereinafter),the insurancecoverage written on Florida approvedformsandas set forthbelow:
5.1.1 Workers'Compensation Insuranceat the statutory amountasto all employees incompliancewith the
"Workers'Compensation Law"oftheStateof Florida including Chapter440,Florida Statutes,aspresentlywritten
or hereafter amended,and all applicable federallaws.
5.1.2 Commercial Comprehensive General Liability insurancewithbroadform endorsement aswellasautomobile
liability,completedoperationsandproducts liability,contractual liability,severability ofinterestwithcross liability
provision,andpersonalinjuryand property damage liability withlimits of $1,000,000combinedsinglelimitper
occurrence and $2,000,000 aggregate,including:
•Personal Injury:$1,000,000;
•MedicalInsurance:$5,000perperson;
•Property Damage:$500,000 each occurrence;
•Automobile Liability:$1,000,000each accident/occurrence.
•Umbrella:$1,000,000 perclaim
5.1.3 Umbrella Comprehensive General Liability insurance shall bewrittenona Florida approvedformwiththe
samecoverageastheprimary insurance policybutintheamountof$1,000,000per claim and$2,000,000 Annual
Aggregate.Coverage mustbe afforded ona form nomore restrictive thanthelatesteditionofthe Comprehensive
General Liability policy,without restrictiveendorsements,as filed bythe Insurance Services Office,andmust
include:
(a)Premisesand Operation
(b)Independent Contractors
(c)Productsand/or Completed Operations Hazard
(d)Explosion,Collapse and Underground Hazard Coverage
(e)BroadForm Property Damage
(f)Broad Form Contractual Coverage applicable tothis specific Contract including anyhold harmless
and/orindemnification agreement.
(g)Personal InjuryCoveragewithEmployeeandContractual Exclusions removed,withminimumlimitsof
coverage equal tothose required for Bodily Injury Liability andProperty Damage Liability.
Page 46 of 71
Thomas F.Pepe 8-26-14
K (4 Rftcinnrc Automobile Liability yith nvn'rym limits of One M'lllon Ho'lars ^'000,000.00^olus an add't'ona'
Five Million Dollar($5,000,000.00)umbrellaper occurrence combined singlelimitforBodilyInjury Liability and
PropertyDamage Liability.Umbrellacoverage must beaffordedonaformno more restrictive than the latest
edition of the Business Automobile Liability policy,without restrictive endorsements,asfiledbywith the state of
Florida,and must include:
(a)Owned Vehicles.
(b)Hiredand Non-Owned Vehicles
(c)Employers'Non-Ownership
5.2 SUBCONTRACTS:
The FIRM agrees that ifanypart of the Work under the Contract is sublet the subcontract shallcontain the same
insuranceprovisionas set forthin section 5.1 aboveand5.4 below and substituting the word SUBCONTRACTOR
for the word FIRM and substituting the word FIRM for CITY where applicable.
5.3Fireand Extended Coverage Insurance(Builders'Risk).IF APPLICABLE:
A.In the event that this contract involves the construction of a structure by the FIRM,the FIRM shall
maintain,withanInsurance Company orInsurance Companies acceptable to the CITY,"Broad"form/All
Risk Property Insuranceon buildings and structures,whilein the course of construction,including
foundations,additions,attachments andall permanent fixturesbelonging to and constituting apart of said
buildingsor structures.The policyorpolicies shall also cover machinery,if the cost of machineryis
includedin the Contract orif the machineryislocatedinabuilding that isbeing renovated byreasonof
this contract.The amount of insurance must atall times,beatleastequal to the replacement value of the
insured property.The policyshallbein the name of the CITY and the FIRM,as their interest mayappear,
andshallalso cover the interests of all Subcontractors performing Work.
B.All of the provisions set forthinSection5.4herein below shallapply to this coverage unlessit would be
clearly not applicable.
5.4 Miscellaneous:
A.Ifany notice of cancellation of insuranceorchangeincoverageisissuedby the insurance company or
shouldanyinsurancehaveanexpirationdatethatwilloccurduring the period of this contract the FIRM
shallbe responsible forsecuring other acceptableinsuranceprior to suchcancellation,change,or
expiration soas to provide continuous coverageasspecifiedinthis section andsoas to maintain
coverage during the life of this Contract.The CITY shallhave the option,but not the duty,to payany
unpaid premium and the right to terminate orcancel the policy thereafter without notice to FIRM or
liabilityon the part of the CITY to the FIRM forsuchcancellation.
B.All deductibles must bedeclaredby the FIRM and must be approved by the CITY.At the option of the
CITY,either the FIRM shalleliminateorreducesuch deductible or the FIRM shall procure aBond,ina
formsatisfactory to the CITY covering the same.
C.The policiesshallcontainwaiver of subrogationagainst CITY where applicable,shall expressly provide
that suchpolicyorpoliciesareprimary over any other collectibleinsurance that CITY mayhave.The
CITY reserves the rightatany time to request acopy of the requiredpoliciesforreview.Allpolicies
shall contain a "severability of interest"or "cross liability"clause without obligationfor premium
payment of the CITY.
D.Before starting the Work,the FIRM shalldeliver to the CITY and CONSULTANT certificates of such
insurance,acceptable to the CITY,aswellas the insurancebinder,if one isissued,the insurancepolicy,
including the declarationpageandallapplicable endorsements andprovide the name,addressand
telephone number of the insuranceagentor broker through whom the policywasobtained.The insurer
shallberatedA.VII or better perA.M.Best'sKeyRatingGuide,latest edition and authorized to issue
insurancein the State of Florida.Allinsurancepolicies must be written onforms approved by the State
of Florida and they must remainin full forceand effect for the duration of the contract periodwith the
CITY.The FIRM must providea"certifiedcopy"of the Policy(asdefinedin Article I of this document)
whichshallinclude the declarationpageandall required endorsements.Inaddition,the FIRM shall
deliver,at the time of deliveryof the insurancecertificate,the following endorsements:
(a)an endorsement to the policystating:
"The City of South Miamiisanadditionalnamedinsured with the right but not the obligation to
payanyunpaid premium andproviding that the city does not haveany duty orobligation to
provide first notice of claimforanyliabilityitincursand that arises out of the acts,omissions or
operations of the namedinsured.Theinsurerwillpayallsums that the City of South Miami
becomes legally obligatedtopayasdamagesbecauseof 'bodily injury",'property damage',or
"personalandadvertisinginjury"anditwillprovide to the City all of the coveragethatistypically
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Thomas F.Pepe 8-26-14
DPovid'^d ^'P^^*"the ct?ndard Fl^P'da ^nr*roved ^rms f°r commercla'ocineni ''ability co^'^^^^q A.
and coverage B";
(b)an endorsement that states:
"Thispolicyshall not becancelled(includingcancellationfor non-payment of premium),terminated or
materially modified without firstgiving the City of South Miami 10 daysadvanced written notice of
the intent to materially modify the policyor to cancelor terminate the policyforanyreason.The
notificationshallbedelivered to the Citybycertifiedmail,with proof of delivery to the City."
5.5 Indemnification
5.5.1 The Contractor accepts andvoluntarilyincursallrisks of anyinjuries,damages,orharmwhichmightarise
during the work or event that isoccurringon the CITY's property due to the negligenceor other fault of the
Contractor or anyone acting through or onbehalf of the Contractor.
5.5.2 The Contractor shallindemnify,defend,saveandholdCITY,itsofficers,affiliates,employees,successors
andassigns,harmlessfromanyandalldamages,claims,liability,losses,claims,demands,suits,fines,judgments or
cost and expenses,including reasonable attorneys fees,paralegal feesand investigative costs incidental there to
andincurredpriorto,during or followinganylitigation,mediation,arbitrationandatallappellatelevels,whichmay
besufferedby,oraccruedagainstcharged to or recoverable from the City of South Miami,itsofficers,affiliates,
employees,successors andassigns,byreason of anycauses of actionsorclaim of anykindornature,including
claimsforinjuryto,ordeath of anypersonorpersonsandfor the lossordamage to any property arising out of a
negligent error,omission,misconduct,oranygrossnegligence,intentionalactorharmful conduct of the
Contractor,its contractor/subcontractor orany of theirofficers,directors,agents,representatives,employees,or
assigns,or anyone acting through or onbehalf of any of them,arising out of this Agreement incident to it,or
resultingfrom the performance or non-performance of the Contractor's obligations under this AGREEMENT.
5.5.3 The Contractor shallpayallclaims,lossesand expenses of anykindor nature whatsoever,in connection
therewith,including the expense orloss of the CITYand/oritsaffectedofficers,affiliates,employees,successors
andassigns,including their attorney's fees,in the defense of anyactioninlawor equity brought against them and
arisingfrom the negligent error,omission,oract of the Contractor,its Sub-Contractor orany of their agents,
representatives,employees,or assigns,and/orarising out of,orincidentto,this Agreement orincident to or
resultingfrom the performance or non-performance of the Contractor's obligations under thisAGREEMENT.
5.5.4 The Contractor agreesandrecognizes that neither the CITY noritsofficers,affiliates,employees,
successors andassignsshallbeheldliableor responsible foranyclaims,including the costs and expenses of
defendingsuchclaims which may result fromorarise out of actions or omissions of the Contractor,its
contractor/subcontractor orany of their agents,representatives,employees,orassigns,or anyone acting through
oronbehalf of the them,andarising out of orconcerning the work or event that isoccurringon the CITY's
property.Inreviewing,approvingorrejectinganysubmissionsoracts of the Contractor,CITY innowayassumes
orsharesresponsibilityor liability for the actsoromissions of the Contractor,its contractor/subcontractor orany
of their agents,representatives,employees,orassigns,oranyoneacting through oronbehalf of them.
5.5.5The Contractor has the duty to providea defense withan attorney orlawfirmapprovedby the City of
South Miami,whichapprovalwill not beunreasonablywithheld.
5.5.6 The obligations of the CONTRACTOR under paragraph 5.5shall not extend to the liability of the
CONSULTANT,itsagentsor employees arising out of(a)the preparationorapproval of maps,drawings,
opinions,reports,surveys,Change Orders,designsorspecificationsor(b)the giving of or the failure to
give directions or instructions by the CONSULTANT,itsagentsor employees providedsuchactor
omission is the primarycause of injuryordamage.
5.5.7All of the forgoingindemnificationprovisionsshallsurvive the term of the Contract to which these
General Conditions areapart.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
Supervisionand Superintendence:
6.1 The CONTRACTOR shall superviseanddirect the Work.It shall besolelyresponsiblefor the means,
methods,techniques,sequences and procedures of construction.The CONTRACTOR shall employ and
maintainaqualified supervisor or superintendent (hereinafter referred to as "Supervisor"at the Work
site who shallbe designated inwritingby the CONTRACTOR,before the CONTRACTOR commences
the Work andwithin the time requiredbythe Contract asthe CONTRACTOR'S representative atthe
site.The Supervisororsodesignated shall have full authority to actonbehalfof the CONTRACTOR and
all communications given to the Supervisor shall beasbindingasifgiven to the CONTRACTOR.The
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Thomas F.Pepe 8-26-14
Supcp'fc'^^s^shall be opesent at each site a*al'timer as required t°nn^o^m adeoi'ate supervision an^
coordination of the Work.(Copies of written communications given to the Supervisor shallbemailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one recordcopy of allSpecifications,Drawings,Addenda,
ModificationsandShopDrawingsat the siteat all times andingood order and annotated to
show allchanges made during the construction process.These shallbeavailable to the
CONSULTANT andany CITY Representative atall reasonable times.A set of "As-Built"
drawings,aswellas the original Specifications,Drawings,Addenda,ModificationsandShop
Drawings with annotations,shallbemade available to the Cityatall times anditshallbe
delivered to the CITY upon completion of the Project.
Labor.MaterialsandEquipment:
6.2 The CONTRACTOR shallprovide competent suitablyqualifiedpersonnel to lay out the Work and
perform construction asrequiredby the Contract Documents.Itshallatall times maintaingood
disciplineand order at the site.
6.3 The CONTRACTOR shallfurnish all materials,equipment labor,transportation,construction equipment
and machinery,tools,appliances,fuel,power,light,heat,local telephone,water andsanitaryfacilitiesand
all other facilities andincidentalsnecessaryfor the execution,testing,initial operation and completion of
the Work.
6.4Allmaterialsand equipment shallbenew,except as otherwise providedin the Contract Documents.
When special makes or grades of materialwhicharenormallypackagedby the supplier or manufacturer
arespecified or approved,suchmaterialsshallbedelivered to the sitein their originalpackagesor
containers with seals unbroken and labels intact
6.5Allmaterialsand equipment shallbeapplied,installed,connected,erected,used,cleaned and conditioned
in accordance with the instructions of the applicablemanufacturer,fabricator,or processors,except as
otherwise provided in the Contract Documents.
Materials.Equipment.Products and Substitutions:
6.6Materials,equipment and products incorporated in the Work must be approved foruse before being
purchasedby the CONTRACTOR.The CONTRACTOR shall submit to the CONSULTANT alist of
proposed materials,equipment orproducts,together withsuchsamplesasmaybe necessary for them to
determine their acceptability andobtain their approval,within one hundred eighty (180)
calendardaysafteraward of Contract unless otherwise stipulatedin the Special Conditions.No request
forpaymentfor"orequal"equipment willbeapproveduntilthislisthasbeenreceivedandapprovedby
the CONSULTANT.
6.6.1 Whenever amaterial,articleorpiece of equipment isidentifiedon the Drawingsor
Specificationsby reference to brandnameorcatalog number,itshallbe understood that thisis
referenced for the purpose of defining the performance or other salient requirements and that
other products of equalcapacities,qualityandfunctionshallbe considered.The
CONTRACTOR may recommend the substitutionofamaterial,article,orpieceof equipment of
equal substance andfunctionfor those referred to in the Contract Documents by reference to
brandname or catalog number,andif,in the opinion of the CONSULTANT,suchmaterial,
article,orpiece of equipment is of equalsubstanceandfunction to that specified,the
CONSULTANT may approve its substitution anduseby the CONTRACTOR.Incidental
changes or extra component parts required to accommodate the substitute willbe made by the
CONTRACTOR without achangein the Contract Priceor the Contract Time.
6.6.2 No substitute shallbe ordered orinstalled without the written approval of the CONSULTANT
who shallbe the judge of quality.
6.6.3Delaycausedbyobtainingapprovalsfor substitute materials shall not beconsidered justifiable
grounds foran extension of construction time.
6.6.4Shouldany Work ormaterials,equipment orproducts not conform to requirements of the
DrawingsandSpecificationsor become damagedduringtheprogress of the Work,such Work
ormaterialsshallbe removed andreplaced,together withany Work disarrangedbysuch
alterations,atany time before completion and acceptance of the Project.Allsuch Work shallbe
done at the expense of the CONTRACTOR.
6.6.5Nomaterialsorsuppliesforthe Work shall bepurchasedbythe CONTRACTOR orany
Subcontractorsubjecttoanychattelmortgageorunderaconditionalsaleor other agreementby
whichan interest isretainedbythe Seller.The CONTRACTOR warrantsthattheyhavegood
title to allmaterialsandsuppliesusedby them in the Work.
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Thomas F.Pepe 8-26-14
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor,against whom the CITY or the
CONSULTANT mayhavereasonableobjection,norwill the CONTRACTOR be required to employ any
Subcontractor who hasbeenacceptedby the CITYand the CONSULTANT,unless the CONSULTANT
determines that there is good causefordoingso.
6.8 The CONTRACTOR shallbefully responsible forallactsand omissions of its Subcontractors and of
persons and organizations directly or indirectly employed byitand of persons and organizations for
whose actsany of them maybeliable to the same extent that they are responsible for the actsand
omissions of persons directly employed by them.Nothing in the Contract Documents shall create any
contractualrelationship between CITYor CONSULTANT andany Subcontractor or other personor
organizationhavinga direct contract with CONTRACTOR,norshallit create anyobligationon the part
of CITY or CONSULTANT to payor to see to payment of any persons due subcontractor or other
personororganization,except asmay otherwise berequiredbylaw.CITY or CONSULTANT may
furnish to any Subcontractor or other personororganization,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 divisionsand sections of the Specificationsand the identifications of anyDrawingsshall not control
the CONTRACTOR individing the Work among Subcontractors ordelineating the Work performed by
anyspecifictrade.
6.10 The CONTRACTOR agreestobind 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 bya Subcontractor shallbepursuant to anappropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall beresponsibleforthecoordinationofthetrades,Subcontractorsmaterialand
menengaged upon their Work.
6.12.1 The CONTRACTOR shall causeappropriateprovisions to be inserted in all subcontracts
relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these
General Conditions and other Contract Documents insofarasapplicable to the Work of
Subcontractors,andgive the CONTRACTOR the same power asregards to terminatingany
subcontractthattheCITYmayexerciseoverthe CONTRACTOR underanyprovisionsof
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 Ifin the opinionof the CONSULTANT,any Subcontractor on the Projectprovestobe
incompetent or otherwise unsatisfactory,they shall be promptly replacedbythe
CONTRACTOR ifand when directedby the CONSULTANT inwriting.
PatentFeesandRoyalties:
6.13 The CONTRACTOR shall pay all licensefeesandroyaltiesandassume all costsincidenttotheuse of any
invention,design,processordevicewhichis the subjectofpatentrightsorcopyrightsheldby others.He
shall indemnifyandholdharmless the CITYandthe CONSULTANT andanyonedirectlyorindirectly
employedbyeitherofthemfrom against all claims,damages,lossesand expenses (including attorney's
fees)arising out ofanyinfringementofsuchrightsduringorafterthecompletionofthe Work,and shall
defendallsuchclaimsin connection withanyalleged infringement of suchrights.
6.14 The CONTRACTOR shallberesponsiblefordetermining the application of patent rightsandroyalties
materials,appliances,articlesor systems prior to bidding.However,heshall not be responsible forsuch
determination on systems whichdo not involvepurchaseby them of materials,appliancesandarticles.
Permits:
6.15 The CONTRACTOR shall secureandpayfor all construction permitsandlicensesand shall payfor all
governmental chargesandinspectionfeesnecessaryfor the prosecution of the Work,whichare
applicableat the time of hisBid.
When suchchargesare normally madeby the CITY and when so stated in the Special Conditions,there
willbeno charges to the CONTRACTOR.The CITY shallassist the CONTRACTOR,when necessary,
in obtaining such permits andlicenses.The CONTRACTOR shallalsopayallpublicutilitycharges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shallbe provided byeachprime CONTRACTOR as
required byit.This service shallbeinstalledbyaqualifiedelectrical Contractor approved by the
CONSULTANT.Lightingshallbeprovidedby the CONTRACTOR inallspacesatall times where
Page50 of 71
Thomas F.Pepe 8-26-14
p.eressapv for ^ood and r,rnricr yorkmanshl^,for lnr^ectlon or fop cafety.No temr,oprr>/^owor shallbe
usedofftemporary lighting lines without specific approval ofthe CONTRACTOR.
LawsandRegulations:
6.17 The CONTRACTOR shall complywith all notices,laws,ordinances,rulesand regulations applicable to
the Work If the CONTRACTOR observesthatthe Specifications orDrawingsareatvariance therewith,
it shall givethe CONSULTANT promptwrittennoticethereof,andanynecessarychanges shall be
adjustedbyanappropriate modification.Ifthe CONTRACTOR performsany Work knowingittobe
contrarytosuch laws,ordinances,rulesand regulations,and without suchnoticetothe CONSULTANT,
it shall bear all costs arising there from;however,it shall notbeitsprimaryresponsibilitytomakecertain
thatthe Drawings and Specifications areinaccordancewithsuch laws,ordinances,rulesand regulations.
Taxes:
6.18 Cost of all applicable sales,consumeruse,and other taxesforwhichthe CONTRACTOR is liable under
the Contract shallbeincludedin the Contract Pricestatedby the CONTRACTOR.
SafetyandProtection:
6.19 The CONTRACTOR shall beresponsiblefor initiating,maintaining andsupervising all safetyprecautions
andprogramsin connection withthe Work.They shall take all necessaryprecautionsfor the safetyof,
andshallprovide the necessary protection to prevent damage,injury or lossto:
6.19.1 All employees and other persons,who maybeaffected thereby,
6.19.2 All the Work andallmaterialsor equipment to be incorporated therein,whether in storage on
or off the site,and
6.19.3 Other property at the siteoradjacent thereto,including trees,shrubs,lawns,walks,pavements,
roadways,structures andutilities not designatedforremoval,relocationor replacement in the
course of construction.
6.20 The CONTRACTOR shalldesignatea responsible member of their organization at the site whose duty
shallbe the prevention of accidents.Thispersonshallbe the CONTRACTOR'S Superintendent unless
otherwise designatedin 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 orCITY,is
obligated to act athisdiscretion,to prevent threatened damage,injuryorloss.Heshallgive the
CONSULTANT prompt written noticeofany significant changesin the Work ordeviationsfrom the
Contract Documents causedthereby.Ifthe CONTRACTOR believesthatadditional Work donebyhim
inan emergency whicharosefromcausesbeyondhis control entitles him to anincreasein the Contract
Priceoran extension of the Contract Time,hemaymakeaclaim therefore asprovidedin Articles 11 and
12.
ShopDrawingsandSamples:
6.22 After checkingandverifying all field measurements,the CONTRACTOR shall submit to the
CONSULTANT forreview,inaccordancewiththeacceptedschedule of shopdrawingsubmissions,six
(6)copies(oratthe CONSULTANT option,onereproduciblecopy)of all Shop Drawings,which shall
havebeencheckedbyandstampedwiththeapprovalofthe CONTRACTOR.TheShopDrawings shall
benumberedandidentifiedasthe CONSULTANT mayrequire.ThedatashownontheShop Drawings
shall be complete with respect todimensions,designcriteria,materials of construction and the liketo
enablethe CONSULTANT toreviewtheinformation without anyunnecessary investigation.
6.23 The CONTRACTOR shall alsosubmittotheCONSULTANTforreview,withsuchpromptnessasto
causenodelayin Work,allsamplesrequiredby the Contract Documents.
Allsamples shall havebeencheckedbyandstampedwiththeapprovalofthe CONTRACTOR,identified
clearlyas to material,manufacturer,anypertinentcatalognumbersand the useforwhichintended.
6.24Atthetimeof each submission,theCONTRACTOR shall notifytheCONSULTANT,in writing,ofany
deviations between theShop Drawings orsamplesandtherequirementsoftheContractDocuments.
6.25 TheCONSULTANT shall reviewwith responsible promptness Shop Drawings and Samples,but his
review shall beonlyforconformancewiththe design conceptoftheProjectandfor compliance withthe
informationgivenin the Contract Documents.Thereviewofaseparateitemassuchwill not indicate
reviewoftheassemblyinwhichtheitems functions.The CONTRACTOR shall makeanycorrections
requiredbythe CONSULTANT and shall returntherequirednumberofcorrectedcopiesofShop
Drawings andresubmitnew samples until thereviewis satisfactory totheCONSULTANT.The
CONTRACTOR shall notifytheCONSULTANT,in writing,ofanypriorShop Drawing or revisions to
Shop Drawings thatarein conflict with each submission or re-submission.The CONTRACTOR'S stamp
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Thomas F.Pepe 8-26-14
of anrNPOval °p ^nv Shon Drawings or sample shall constitute rc^^esen^ation to the CITY and the
CONSULTANT that the CONTRACTOR has eitherdetermined and/or verifiedallquantities,dimension,
field constructioncriteria,materials,catalog numbersand similar dataortheyassume full responsibility
for doing so,and thattheyhave reviewed or coordinated eachShop Drawing or sample withthe
requirementsofthe Work andtheContractDocuments.
6.26No Work requiring a submittal ofaShop Drawing orsample shall becommenceduntilthe submission has
beenreviewedandapprovedinwritingbytheCONSULTANT.AcopyofeachShop Drawing andeach
approvedsample shall bekeptingoodorder,inabookor binder,in chronological orderorinsuchother
orderrequiredbythe CONSULTANT in writing,bythe CONTRACTOR atthesiteand shall be available
to the CONSULTANT.
6.27The CONSULTANT'S reviewofShop Drawings orsamples shall notrelievethe CONTRACTOR from
hisresponsibilityforanydeviationsfromtherequirementsofthe Contract Documentsunlessthe
CONTRACTOR has informed the CONSULTANT,inwriting,to eachdeviationat the time of
submissionand the CONSULTANT hasgiven written approvalto the specificdeviation,nor shall any
reviewby the CONSULTANT relievethe CONTRACTOR fromresponsibilityforerrorsoromissionsin
the ShopDrawingsorsamples.
6.271 The CONTRACTOR shallbeliableto the CITYforanyadditional cost or delay that iscausedbyits
failure to notify the CONSULTANT ofany of saiddeviationsorconflicts between ShopDrawingsordue
to errors in the Shop Drawings or samples.
CleaningUp:
6.28 The CONTRACTOR shallcleanupbehind the Work asmuchasisreasonablypossibleas the Work
progresses.Upon completion of the Work,and before acceptance of final payment for the Projectby the
CITY,the CONTRACTOR shall remove allhissurplusanddiscardedmaterials,excavated materialand
rubbishaswellasall other materialand equipment thatdoes not formapart of the Work,from the
property,roadways,sidewalks,parkingareas,lawnandalladjacent property.Inaddition,the
CONTRACTOR shallcleanhis portion of Work involvedinanybuilding under this Contract so that no
further cleaningby the CITY is necessary prior to its occupancy andheshall restore all property,both
publicandprivate,which has been disturbed ordamagedduring the prosecution of the Work soas to
leave the whole Work and Work Siteinaneatand presentable condition.
6.29If the CONTRACTOR does not clean the Work site,the CITYmayclean the Work Site of the materials
referred to in paragraph 6.28andcharge the cost to the CONTRACTOR.
Public Convenience andSafety:
6.30 The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least
practicable obstruction to publictravel.The convenience of the generalpublicand of the residents along
andadjacent to the area of Work shall beprovidedforinasatisfactorymanner,consistent withthe
operation andlocal conditions."Street Closed"signs shall beplaced immediately adjacent to the Work,in
aconspicuousposition,atsuchlocationsastrafficdemands.At any time that streets arerequired to be
closed,the CONTRACTOR shall notifylaw enforcement agenciesandin particular,the City of South
Miami Police Department before the street isclosedand again assoonasitis opened.Access to fire
hydrantsand other fireextinguishing equipment shall beprovidedandmaintainedatalltimes.
SanitaryProvisions:
6.31 The CONTRACTOR shall provideon-site office,andnecessarytoilet facilities,secludedfrom public
observation,foruseof all personnelonthe Work Site,whetherornotinhisemploy.They shall bekept
inacleanandsanitaryconditionand shall complywith the requirements andregulationsof the Public
Authorities having jurisdiction.They shall commitno public nuisance.Temporary field officeand sanitary
facilities shallbe removed uponcompletionofthe Work and the premises shall beleftclean.
6.32 through 6.34have been deleted.
Responsibilityfor Connection to Existing Work:
6.35 It shall bethe responsibility oftheCONTRACTORtoconnectits Work toeachpartofthe existing
Work,existing building or structure or Work previously installed asrequiredbythe Drawings and
Specifications to provide a complete installation.
6.36 Excavations,grading,fill,storm drainage,paving andanyotherconstructionor installations in rights-of-
ways of streets,highways,publiccarrier lines,utility lines,either aerial,surfaceorsubsurface,etc.,shall be
donein accordance withrequirementsofthe special conditions.TheCITY will be responsible for
obtaining all permitsnecessaryforthe Work described inthis paragraph 6.36.Uponcompletionofthe
Page 52 of 71
Thomas F.Pepe 8-26-14
Wor*k "CONTRACTOR shall resent to CONSULTANT certificates,in triplicate,from the ^roper
authorities,stating that the Work hasbeen done in accordance withtheir requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR inobtainingactionfromanyutilitiesor
public authorities involvedin the above requirements.
6.36.2 The CONSULTANT shallberesponsibleforobtainingelevations of curbsand gutters,pavement
storm drainage structures,and other itemswhich must beestablishedby governmental
departments as soon asgrading operations arebegunon the siteand,inanycase,sufficiently
earlyin the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments.PublicUtilities.Etc.:
6.37 The CONTRACTOR shallbe responsible formakingall necessary arrangements with governmental
departments,publicutilities,publiccarriers,service companies and corporations (hereinafter referred to
as "third parties")owning or controlling roadways,railways,water,sewer,gas,electrical conduits,
telephone,and telegraph facilitiessuchas pavements,tracks,piping,wires,cables,conduits,poles,guys,
etc.,includingincidental structures connected therewith,that are encountered in the Work in order that
such items are properly shored,supported and protected,that their locationisidentifiedand to obtain
authority from these thirdpartiesforrelocationif the CONTRACTOR desires to relocate the item.The
CONTRACTOR shallgive all proper notices,shall comply with all requirements of suchthirdpartiesin
the performance of his Work,shall permit entrance of suchthirdpartieson the Projectin order that they
may perform their necessary work,andshallpayallchargesandfeesmadebysuchthirdpartiesfor their
work.
6.37.1 The CONTRACTOR'S attention iscalled to the fart that there maybedelayson the Projectdue
to work to be done by governmental departments,publicutilities,and others inrepairing or
movingpoles,conduits,etc.The CONTRACTOR shall cooperate with the abovepartiesin
every way possible,so that the construction canbe completed in the leastpossible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes,laws,ordinances,and
regulationswhichinany manner affect those engagedor employed in the Work,ormaterialsand
equipment usein or upon the Work,orinanywayaffect the conduct of the Work,andnoplea
of misunderstanding willbe considered on account of damageordelaycausedbyhisignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine itsapparatus,storage of materials,and operations of its workmen to the
limitsindicatedbylaw,ordinances,permits and directions of CONSULTANT andCITY,andshall not
unnecessarily encumber anypart of the siteoranyareasoffsite.
6.38.1 CONTRACTOR shall not overloadorpermitanypart of any structure to beloadedwithsuch
weight aswill endanger itssafety,norshallit subject any work to stresses or pressures that will
endanger it
6.38.2 CONTRACTOR shall enforce the rulesandregulationpromulgatedby the CONSULTANT and
CITYaswellas their instructions withregard to signs,advertisements,firesandsmoking.
6.38.3 CONTRACTOR shallarrangeand cooperate withCITYinroutingandparkingof automobiles of
its employees,subcontractors and other personnel,aswellas that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The Citywilldesignatespecificareason the siteforstorage,parking,etc.and the jobsiteshallbe
fenced to protect the jobsiteand the generalpublic.
6.38.5The CONTRACTOR shall furnish,install andmaintainadequate construction office facilities for
all workers employed byitorbyits Subcontractors.Temporary offices shall beprovidedand
located where directed andapprovedby the CONSULTANT.Allsuch facilities shallbe
furnishedin strict accordancewithexistinggoverningregulations.Field officesshallinclude
telephone facilities.
Protection of Existing Property Improvements:
6.39Anyexistingsurfaceorsubsurfaceimprovements,suchaspavements,curbs,sidewalks,pipesor utilities,
footings,orstructures (including portionsthereof),treesandshrubbery,notindicatedonthe Drawings
or noted in the Specificationsasbeing removed or altered shallbe protected fromdamageduring
construction of the Project.Any such improvements damagedduring construction of the Projectshallbe
restored at the expense of the CONTRACTOR toaconditionequal to that existingat the time of award
of Contract.
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Thomas F.Pepe 8-26-14
ARTICLE 7-WORK BY OTHEpS
7.1 TheCITYmayperformadditional Work relatedtotheProjertormaylet other direct contracts therefor
which shall contain General Conditions similar to these.The CONTRACTOR shall afford the other
contrartors who areparties to suchdirect contracts (or the CITY,ifitis performing the additional Work
itself),reasonable opportunity fortheintroductionandstorageofmaterialsand equipment andthe
execution of Work,andshall properly connect and coordinate its Work withtheirs.
7.2Ifanypartofthe CONTRACTOR'S Work dependsuponproperexecutionorresultsofthe Work ofany
other contrartor or the CITY,the CONTRACTOR shall promptly report to the CONSULTANT in
writingany defects ordeficienciesinsuch Work that render itunsuitablefor the CONTRACTOR'S
Work.
7.3The CONTRACTOR shall do all cutting,fittingand patching ofthe Work thatmayberequired to make
itsseveralparts come together properlyandfittoreceiveorbe received bysuch other Work.The
CONTRACTOR shall not endangerany Work of others bycutting,excavatingor otherwise altering their
Work andshall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contrartor whose work will be affected.
7.4If the performance of additional Work by other contrartors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract written notice thereof shallbegiven to the
CONTRACTOR prior to startinganysuchadditional Work.If the CONTRACTOR believes that the
performance of suchadditional Work by the CITYor others willcause the CONTRACTOR additional
expense or entitles him to an extension of the Contract Time,hemaymakeaclaim therefore asprovided
in Articles 11 and 12.
7.5 Where practicable,the CONTRACTOR shall buildaroundthe work of other separate contrartors or
shallleavechases,slots andholesasrequired to receiveand to concealwithin the general construction
Work the work of such other separate contrartors asdirectedby them.Where suchchases,slots,etc.,
areimpracticable,the Work shallrequirespecificapprovalof the CONSULTANT.
7.6 Necessary chases,slots,andholes not builtorleftby the CONTRACTOR shallbe cut by the separate
contrartor requiringsuchalterationsafter approval ofthe CONTRACTOR.The CONTRACTOR shall
do all patchingand finishing of the work of other contrartors where itiscutby them andsuch patching
and finishing shallbeat the expense of CONTRACTOR
7.7 Cooperation isrequiredintheuseofsite facilities andinthedetailed execution of the Work.Each
contrartor shall coordinate their operation with those of the other Contrartors for the best interest of
the Work in order to prevent delayin the execution thereof.
7.8 Each of several contrartors working on the ProjertSiteshallkeep themselves informed of the progress of
the work of other contrartors.Shouldlackofprogressor defertive workmanship on the part of other
contrartors interfere with the CONTRACTOR'S operations,the CONTRACTOR shall notify the
CONSULTANT immediately andinwriting.Lackofsuchnotice to the CONSULTANT shallbe
construed as acceptance by the CONTRACTOR of the status of the work of other contractors asbeing
satisfactory for proper coordination of CONTRACTOR'S own Work.
7.9 The cost of extra Work resultingfromlack of notice,untimely notice,failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR'S cost.
ARTICLE 8-CITY'S RESPONSIBILITIES
8.1 The CITY willissueall communications to the CONTRACTOR through the CONSULTANT.
8.2Incases of termination of employment of the CONSULTANT,the CITY willappointa CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the datarequired of them under the Contract Documents.
8.4 The CITY'S dutiesin respect to providinglandsand easements are set forthin Paragraphs 4.1 and4.2.
8.5 The CITY shallhave the right to take possession of anduseany completed orpartially completed
portions of the Work,notwithstanding the fartthat the time for completing the entire Work orany
portion thereof may not have expired;butsuchtaking possession anduseshall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9-CONSULTANTS'STATUS DURING CONSTRUCTION
City's Representative:
Page 54 of 71
Thomas F.Pepe 8-26-14
9.'The CONSULTANT shall be the CITY'S representative durln^the construction oeriod.The duties and
responsibilitiesand the limitationsofauthorityofthe CONSULTANT astheCITY'S representative during
construction are set forthin Articles I through 16 of these General Conditions andshall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT'S decision,in matters relating to aesthetics,shallbe final,ifwithin the terms
of the Contrart Documents.
9.1.2 Except asmaybe otherwise provided inthis contract allclaims,counterclaims,disputes and
other matters in question between the CITYand the CONSULTANT arising out of orrelating
to this Contract or the breach thereof,shallbedecidedina court of competent jurisdiction
within the State of Florida.
Visits to Site:
9.2 The CONSULTANT shallprovidean inspertor to makeperiodicvisits to the siteateachphaseof
construction to observe the progressandquality of the executed Work and to determine if the Work is
proceeding in accordance with the Contrart Documents.His efforts shallbe directed toward providing
assurancefor the CITY andallapplicableregulatoryagencies that construction isincompliancewith the
Construction Documents andapplicablelaws,rulesandregulations.On the basis of these onsite-
observations asan experienced andqualifieddesignprofessional,heshallkeep the CITY informed of the
progress of the Work andshallguard the CITYagainst defects anddeficienciesin the Work of
CONTRACTOR.
Clarificationsand Interpretations:
9.3 The CONSULTANT shallissue,withreasonable promptness,such written clarifications or interpretations
of the Contrart Documents (in the formof Drawings or otherwise)asitmay determine necessary,which
shall be consistent with,orreasonablyinferablefrom,theoverall intent of the Contrart Documents.If
the CONTRACTOR seeks an increase in the Contrart Price or extension of Contrart Time based on a
written clarification and/or interpretation itshallberequired to submit a timely claimasprovidedin
Articles II and 12.
Measurement of Quantities:
9.4All Work completed underthe Contrart shall bemeasuredbythe CONSULTANT accordingtothe
UnitedStatesStandardMeasures.Alllinearsurface measurements shallbemade horizontally orvertically
asrequiredby the item measured.
Rejecting Defertive Work
9.5 The CONSULTANT shallhave authority to disapproveorreject Work that is "Defertive Work"as
definedin Article I.Itshallalsohave authority to requirespecialinspectionor testing of the Work
including Work fabricatedonoroffsite,installedor completed asprovided.In the event that the
CONSULTANT requirestestingof completed Work,the cost of suchinspectionsand/ortesting shall be
approvedinwritingby the CITY.Allconsequential cost ofsuchinspectionsandtesting,includingbut not
limited to the cost of testing andinspection,the cost of repairingany of the Work,or the work of others,
the cost to move furnitureand equipment and/or the cost to providealternative facilities until the repair
work canbe completed,shallpaidby the CONTRACTOR if the Work isfound to be Defertive Work.
ShopDrawings.Change Orders andPayments:
9.6In connection with the CONSULTANT responsibility as to ShopDrawingsandsamples,see paragraphs
6.25 through 6.28,inclusive.
9.7 In connection with the CONSULTANT'S responsibility forChange Orders see Articles 10,II,and 12.
9.8In connection with the CONSULTANT responsibilities with respect to the Application for Payment etc.,
see Article 14.
Decisionson Disagreements:
9.10 The CONSULTANT shallbe the initial interpreter of the Construction Documents.
Limitationson Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means,methods,techniques,sequences
or procedures,or the safety precautions andprogramsincident thereto.
9.12 The CONSULTANT willnotberesponsiblefortheactsoromissionsofthe CONTRACTOR,orany
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 Contrart,the CITYmay,atany time orfrom time to time,order additions,
deletionsorrevisionsinorto the Work which shall onlybeauthorizedbya written Change Orders.
Page55 of 71
Thomas F.Pepe 8-26-14
(fnon receint of a Change Order,thn CONTRACTOR shall eroceed ^"th the Work involved.All such
Work shall be performed underthe applicable conditions oftheContrart Documents.Ifany authorized
writtenChangeOrdercausesanincreaseordecreaseinthe Contrart Price oranextensionor
shortening oftheContrartTime,an equitable adjustment will bemadeas provided inArticle 11 or
Article 12.AwrittenChangeOrder signed bytheCITY MANAGER andthe CONTRACTOR indicates
theiragreementtothetermsofthe Change Order.All Change Orders shall be certified bythe
CONSULTANT asto the appropriatenessandvalueofthechangein the Work aswellastoanychange
inthetimeto complete the Work underthecircumstances.The failure toincludeatimeextensionin
the Change Orderorintherequestfora change order shall resultinawaiverofanyextensionoftime
duetothechangeinthe work asreflectedintheChangeOrder.
10.2 The CONSULTANT mayauthorizeminorchangesoralterationsinthe Work not involving extracost
and not inconsistent with the overall intent of the Contrart Documents without the need for a formal
writtenChangeOrderprovidedthe CONTRACTOR doesnotrequest additional timeor additional
compensation.Thesemaybeaccomplishedbyawritten Field Order.Ifthe CONTRACTOR believes
thatanychangeoralterationauthorizedbythe CONSULTANT'S Field Order wouldentitlesthe
CONTRACTOR to an increase in the Contrart Price or extension of Contrart Time,it must submit a
written notice of intent to demandaChange Order within twenty four(24)hours of the issuance of the
Field Order and submit a written proposalforChange Order withinfour(4)days thereafter,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 Contrart Price or an extension of the Contrart Time,except in
the case of an emergency asprovidedin paragraph 6.22and except asprovidedin paragraph 10.2.
10.4 TheCITYwill execute appropriateChangeOrderspreparedby the CONSULTANT coveringchangesin
the Work,to be performed asprovidedin paragraph 4.4,and Work performed inan emergency as
providedin paragraph 6.22andany other claim of the CONTRACTOR forachangein the Contrart Time
or the Contrart Pricewhichis approved by the CONSULTANT.
10.5 Itis the CONTRACTOR'S responsibility to notifyits Surety of anychangesafferting the general scope of
the Work or changein the Contract Priceor Contrart Time and the amount of the applicable bonds shall
beadjustedaccordingly.The CONTRACTOR shall furnish proof ofsuchan adjustment to the CITY
before commencement of the Change Order Work.The Work shallbe stopped until the
CONTRACTOR providessuch proof of adjustment in the Bond amount andanysuchdelayshallbe
charged to the CONTRACTOR.
ARTICLE 11 -CHANGE OF CONTRACT PRICE
11.1 The Contrart Price constitutes the total compensation payable to the CONTRACTOR forPerforming
the Work.Allduties,responsibilitiesandobligationsassigned to or undertaken by the CONTRACTOR
shallbeatits expense without changing the Contract Price.
11.2 TheCITYmay,atanytime,without written noticeto the sureties,by written order designatedor
indicated to beaChangeOrder,makeanychangeinthe Work within the generalscopeofthe Contract
includingbut not limited to changes to orin:
11.2.1 Specifications(includingdrawingsanddesigns);
11.2.2 Methodor manner of performance of the Work.
11.2.3 CITY-furnished facilities,equipment materials,services,orsite;or
11.2.4 Acceleration in the performance of the Work.
11.3 Exceptasprovidedinthissection,or sections referred to inthis section,no order,statement or conduct
oftheCITY shall betreatedasaChangeOrderorentitlethe CONTRACTOR toanequitable
adjustmentunlessanduntilthechangeinthe Work is specifically andexpresslyprovidedforina written
Change Order,oras otherwise providedin another section of the Contrart Documents.
11.4 Whena Change Orderis issued bytheCONSULTANT and signed bytheCITYor issued bytheCITYin
writing,the CONTRACTOR shall performthe Work evenifthe CONTRACTOR doesnotagreewith
the dollar amount of the Change Order.IfanyChange Order causesanincrease or decrease in the
CONTRACTOR'S costof,orthetimerequiredfor,theperformanceofanypartofthe Work underthis
Contract forwhichtheCITYandthe CONTRACTOR cannotreachatimelyagreement,an equitable
adjustment based onthecostofthe Work shall bemadeandtheContrart modified accordingly.
11.5 IftheCONTRACTORintendstoasserta claim foran equitable adjustmentorcontestthe equitable
adjustmentmadebytheCONSULTANT,it shall,withinten (10)calendar days afterreceiptofawritten
Page 56 of 71
Thomas F.Pepe 8-26-14
r"*j-,-»ncrn Order submit to th°OTY and CONSULTANT a written notice including a staf-ement sotting
forththegeneralnatureandmonetary extent ofsuch claim forequitable adjustment timeextension
requested and supporting data.In determining thecostofthe Change Order,thecosts shall be limited to
those listed in section 11.7 and 11.8.
11.6 No claim bythe CONTRACTOR foran equitable adjustmenthereunder shall be allowed ifnotsubmitted
inaccordancewiththis section orifassertedafter final paymentunderthis Contrart.
11.7 Thevalueofany Work coveredbyaChangeOrderorofany claim foranincreaseordecreaseinthe
Contrart Priceshallbe determined in one of the followingways:
II .7.1 By negotiated lumpsum.
11.7.2 On the basis of the reasonable cost and savings that resultsfrom the changein the Work plusa
mutuallyagreeduponfeetothe CONTRACTOR tocoveroverheadandprofitnottoexceed
15%.If the CONTRACTOR disagreeswiththe CONSULTANTS determination of reasonable
costs,the CONTRACT shallprovidealistof all costs together withbackup documentation
11.8 The term cost of the Work means the sum of all dirert extra costs necessarilyincurredandpaidby the
CONTRACTOR in the properperformanceoftheChangeOrder.Exceptas otherwise maybeagreed
to inwritingbyCITY,suchcosts shall beinamountsnohigherthan those prevailing in Miami-Dade
County andshallincludeonly the followingitems:
11.8.1 Payroll costsfor employees inthedirertemployof CONTRACTOR in the performance of the
Work describedin the Change Order underschedules of jobclassificationsagreeduponbyCITY
and CONTRACTOR.Payroll costs for employees not employed full time on the Work shallbe
apportioned on the basisoftheirtimespenton the Work.Payroll costs shall belimitedto:
salariesandwages,plus the costs of fringebenefitswhichshallincludesocial security
contributions,unemployment exciseandpayrolltaxes,workers'compensation,healthand
retirement benefits,sickleave,vacationandholidaypayapplicable thereto.Such employees shall
include superintendents andforemenat the site.The expenses of performing Work after
regular working hours,onSundayor legal holidaysshallbeincludedin the aboveonlyif
authorized byCITYandprovideditwas not inanyway,whether in whole orinpart the result of
the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those actingby or
through him or duein whole orinpart to Defertive Work of the CONTRACTOR.
11.8.2 Cost of allmaterialsand equipment furnishedand incorporated in the Work,including costs of
transportation andstorage,andmanufacturers'fieldservicesrequiredin connection therewith.
The CONTRACTOR shallnotify the CITY of all cash discounts that are available and offer the
CITY the opportunity to deposit fundswith 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 orif the CITY deposits fundswith
CONTRACTOR withwhich to makepaymentsinwhichcases the cash discounts shallaccrue to
theCITY.Alltradediscounts,rebatesandrefunds,and all returnsfromsale of surplusmaterials
and equipment shallaccrue to CITY,and CONTRACTOR shallmakeprovisionsso that they
maybe obtained.
11.8.3 Paymentsmadeby CONTRACTOR totheSubcontractorsfor Work performedby
Subcontractors.IfrequiredbyCITY,CONTRACTOR shall obtain competitive bidsfrom
Subcontractors acceptable to himand shall deliversuchbids to CITY who will then determine,
with the advice of the CONSULTANT,whichBidswillbeaccepted.No subcontract shall bea
cost plus contrart unlessapprovedinwritingbytheCITY.IfaSubcontractprovidesthatthe
Subcontractor istobe paid onthe basis of Cost of Work plusafee,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".
11.8.4 Rentals of all constructionequipmentand machinery,except handtools,andtheparts thereof
whether rentedfrom CONTRACTOR or others inaccordancewithrentalagreements
approvedbyCITYwiththeadviceof CONSULTANT,andthecostsoftransportation,loading,
unloading,installation,dismantlingandremoval thereof -allinaccordancewith terms of said
rental agreements.The rentalofanysuch equipment machineryorpartsshallcease when the
use thereof isnolongernecessaryfor the Work.
11.8.5 Sales,useor similar taxesrelatedtothe Work,andforwhich CONTRACTOR is liable,imposed
byany governmental authority.
11.8.6 Paymentsandfeesforpermitsandlicenses.Costsforpermitsandlicenses must beshownasa
separate item.
Page57 of 71
Thomas F.Pepe 8-26-14
I 1.8.7 The coct of utilities,fueland sanitary fac'^'os at the site.
11.8.8 Minor expensessuchas telegrams,long distance telephone calls,telephoneserviceatthesite,
expressageand similar pettycashitemsinconnectionwiththe Work.
11.8.9 Costof premiums for additional Bonds and insurance required solelybecauseof changes inthe
Work,nottoexceed two percent (2%)oftheincreaseinthe Cost ofthe Work.
11.9 The term Cost of the Work shall NOT includeany of the following:
11.9.1 Payroll costsandother compensation ofCONTRACTOR'S officers,executives,principals (of
partnershipandsoleproprietorships),general managers,engineers,architects,estimators,
lawyers,agents,expediters,timekeepers,clerksand other personnelemployedby
CONTRACTOR whether at the siteorinits principal orabranchofficeforgeneral
administration of the Work and not specificallyincludedin the schedule referred to in
Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal andbranchoffices other thanitsofficeat the site.
11.9.3 Anypartof CONTRACTOR'S capital expenses,including interest on CONTRACTOR'S capital
employed for the Work andcharges against CONTRACTOR fordelinquentpayments.
11.9.4 Cost of premiumsfor all bondsandfor all insurancepolicies whether or not CONTRACTOR is
requiredby the Contrart Documents topurchaseandmaintain the same (except as otherwise
providedinSubparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR,any Subcontractor,or anyone directlyor
indirectly employed byany of them orfor whose actsany of them maybe liable,includingbut
not limitedto,the correction of defective work,disposal of materialsor equipment wrongly
supplied andmaking good anydamage to property.
11.9.6 Other overhead or general expense costs of anykindand the costs of anyitem not specifically
and expressly includedin Paragraph 11.8.
11.10 The CONTRACTOR'S feewhichshallbeallowed to CONTRACTOR forits overhead andprofitshallbe
determined as follows:
11.10.1 Amutuallyacceptablefirmfixedprice;orifnonecanbeagreedupon.
11.10.2 Amutuallyacceptablefixedpercentage(not to exceed 15%).
11.11 The amount of credit to beallowedby CONTRACTOR to CITY foranysuchchangewhichresultsina
net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner
asprovidedin 11.8.When both additionsandcreditsareinvolvedinany one change,the net shall be
computed to includeoverheadandprofit,identifiedseparately,forbothadditionsand credit provided
however,the CONTRACTOR shall not beentitled to claimlostprofitsforany Work not performed.
ARTICLE 12 -TIME FOR COMPLETION.LIOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME
12.1 Timeisoftheessence to thiscontractandthedateof beginning andthetimeforcompletionofthe Work
areessentialconditionsofthe Contract Therefore,the Work shall be commenced on the datespecified
in the Notice to Proceedand completed within the timespecifiedfor completion of the work.
12.2 The CONTRACTOR shall proceedwiththe Work atsuchrateofprogresstoensure full completion
within the Contract Time.Itisexpressly understood andagreed,byand between the CONTRACTOR
and the CITY,that the Contrart Time for the completion of the Work describedhereinisareasonable
time,takingintoconsiderationthe average climatic andeconomicconditionsand other factors prevailing
inthelocality of the Work.No extension oftime shall begranteddueconditionsthatthe Contractor
knewoforshouldhaveknownofbefore bidding ontheprojectorduetoinclementweather,exceptas
provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work withinthe Contrart Time,or extension oftime
grantedbytheCITY,thenthe CONTRACTOR shall paytotheCITYtheamountof liquidated damages
as specified intheContrartDocumentsforeach calendar dayafterthescheduleddateforcompletionas
adjustedby written ChangeOrdersthatextendedthecompletiondate.
12.3.1 Theseamountsarenot penalties butare liquidated damages incurred bytheCITYforits inability
toobtain full useoftheProjert.Liquidated damages areherebyfixedandagreedupon between
the parties,recognizing the impossibility of precisely ascertaining theamountof damages that will
besustainedasaconsequenceofsuch delay,andboth parties desiring toobviateanyquestionor
disputeconcerning the amount ofsaiddamagesand the cost andeffect of the failure of
CONTRACTOR tocompletetheContrartontime.The above-stated liquidated damages shall
applyseparatelytoeachphaseoftheProjertforwhichatimeforcompletionis given.
Page58 of 71
Thomas F.Pepe 8-26-14
17.?.?CITY Is authorized to deduct ^h^!inu!dated damages from monies due to CONTRACTOR ^or
the Work under this Contrart.
12.4 The Contrart Time mayonlybechangedbya written Change Order.Any claimforan extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five(5)businessdays of the occurrence of the event giving rise to the claimandstating the generalnature
of the claimincluding supporting data.Allclaimsfor adjustment in the Contrart Time shallbeevaluated
and recommended by the CONSULTANT,with final approvalby the CITY'S representative.Any change
in the Contrart Time resultingfromanysuchclaimshallbe incorporated ina written Change Order.
12.5 All time limits stated in the Contrart Documents are of the essence of the Contrart.
12.6 Noclaimfordelayshallbeallowedbecauseof failure to furnishDrawings before the expirationof
fourteen (14)calendardaysafterdemandhasbeenmadeinwriting to the CONSULTANT forsuch
Drawings.Furthermore,there shallbeno monetary compensation forsuchdelayand the
CONTRACTOR'S sole remedy shallbean extension of time for the period of delay.
12.7 Extensions to the Contrart Time fordelayscausedby the effects of inclement weather shall not be
grantedunless the weather wasunusualforSouthFloridaandcould 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 NoDamagesforDelay:The CONTRACTOR agreesthathe shall not haveanyclaimfordamagesdueto
delayunless the delay exceeds 6 months,whether individually orcumulatively,and then the damagesshall
belimited to increased cost of materials that were unanticipatedand that would not have been incurred
butfor the delay.Other thanas set forthabove,the only remedy foranydelayshallbelimited to an
extension oftimeasprovidedforinSection 12.4 which shall be the soleandexclusive remedy forsuch
resultingdelay.Other thanas set forthabove,CONTRACTOR shall not be entitled to anincreasein the
Contrart Price or payment or compensation of anykindfrom CITY for direct indirect consequential,
impartor other costs,expenses ordamages,includingbut not limitedto,costs of accelerationor
inefficiency,overhead orlostprofits,arisingbecause of delay,disruption,interference orhindrancefrom
anycause whatsoever,whether suchdelay,disruption,interference orhindrancebereasonableor
unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claimsthatarenotpresentedto the Cityinwritingonorbeforethe 21st
dayfollowing the date of the event uponwhich the claimisbased.
ARTICLE 13 -GUARANTEE
13.1 The CONTRACTOR shallguaranteeandunconditionally warrant through either the manufacturer or the
CONTRACTOR directly,allmaterialsand equipment furnishedand Work performed for patent
Defertive Work foraperiod of one (I)yearfrom the date of Final Acceptance asindicatedin the
CONSULTANT Letter of Recommendation of Acceptance orfrom the date when the defect wasfirst
observable,whichever islater.The sameguaranteeandunconditional warranty shallbe extend forfive
(5)yearsfrom the date of Final Acceptance asindicatedin the CONSULTANT Letter of
Recommendation of Acceptance forlatent Defertive Work.The CITY willgive notice of observed
defects withreasonable promptness.In the event that the CONTRACTOR should fail to commence to
correct such Defective Work withinten (10)calendardaysafterhaving received written notice of the
defect or should the CONTRACTOR commence the corrective work,but fail to prosecute the
corrective work continuously anddiligentlyandin accordance with the Contrart Documents,applicable
law,rulesandregulations,the CITY maydeclarean event of default terminate the Contrart in whole or
inpartandcause the Defertive Work to be removed or corrected and to complete the Word at the
CONTRACTOR'S expense,and the CITYshallcharge the CONTRACTOR the cost thereby incurred.
The PerformanceBondshallremainin full forceand effect through the guaranteeperiod.
13.2 The specific warranty periodslistedin 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 Contrartor
14.1 The Contractor shall not beentitled to any money forany work performed before the issuanceofa
Notice to Proceedon the formdescribedin the Contrart Documents and the issuanceby the City of a
Page59 of 71
Thomas F.Pepe 8-26-14
"nnrch-2.se order"or anv other document does not a^d shnl'not authorize the comrnpr!^r>p?or!f ^f th^
Work At least ten (10)calendardays before eachprogress payment falls due(but not more often than
oncea month),the CONTRACTOR shall submittothe CONSULTANT a partial payment estimate filled
out andsignedbythe CONTRACTOR coveringthe Work performed during the period covered by the
partial payment estimate and supported bysuchdataas the CONSULTANT mayreasonablyrequire.All
progresspaymentapplicationsafterthefirstprogresspayment shall beaccompaniedby partial releasesof
lien executed byallpersons,firmsand corporations who havefurnishedlabor,servicesormaterials
incorporated into the work during the period of time forwhich the previousprogress payment wasmade,
releasingsuchclaimsandlienrights,ifany,of those persons.
Ifpaymentis requested on the basisofmaterialsand equipment not incorporatedinthe Work but
deliveredandsuitably stored atornearsite,the partial payment estimate shallalsobeaccompaniedby
such supporting data,satisfactoryto the CITY,whichestablishes the CITY'Stitle to the materialand
equipment aswellas certificates of insuranceproviding coverage for 100%of the value of saidmaterial
and equipment covering the materialand equipment fromallcasualtiesaswellas theft,vandalism,fireand
flood.The CONTRACTOR shallreplaceatits expense any stored materialspaidforwhichare either
damaged or stolen before installation.The CONSULTANT will within ten (10)calendardays after
receipt of eachpartial payment estimate,either certifyinginwritingitsapproval of payment and present
the partial payment estimate to the CITY,orreturn the partial payment estimate to the CONTRACTOR,
indicatingin writing his reasons forrefusing to approve payment.In the latter case,the CONTRACTOR
may make the necessary corrections and resubmit the partial payment estimate.The CITY,willwithin
thirty (30)calendardays of presentation to it of any approved partial payment estimate,pay the
CONTRACTOR aprogresspaymenton the basis of the approved partial payment estimate.The CITY
shallretain ten (10%)percent of the amount ofeachpaymentuntil Final Completion and Acceptance of all
Work covered by the Contrart Documents.Any interest earnedon the retainageshallaccrue to the
benefit of the CITY.
14.2 The CONTRACTOR,before itshall receive final payment shalldeliver to the CITY a Contractor's Final
Payment Affidavit as set forthin the Florida Construction Lien Statute aswellas final releases of lien
executed by all persons who have performed orfurnishedlabor,servicesormaterials,directlyor
indirectly,whichwas incorporated into the Work.Ifanypersonrefuses to providesuchareleaseor
providesa conditional release,the CITY shallhave the right to issueajoint check madepayable to the
CONTRACTOR andsuch person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants andguaranteesthattitle to all Work,materialsand equipment covered by
anApplicationforPayment whether the Work,materialor equipment is incorporated in the Projertor
not shallhavepassed to the CITY prior to the making of the Application for Payment freeandclear of all
liens,claims,security interest and encumbrances (hereafter in these General Conditions referred to as
"Liens");and that no Work,materialsor equipment covered byan Application for Payment willhave
been acquiredby the CONTRACTOR orbyany other person performing the Work at the siteor
furnishingmaterialsand equipment for the Project underorpursuant to an agreement underwhichan
interest therein or encumbrance thereon isretainedby the seller or otherwise imposed by the
CONTRACTOR orsuch other person.
Approval of Payment
14.4 The CONSULTNT's approval of any payment requested inan Application forPaymentshall constitute a
representation byhim to the CITY,basedon the CONSULTANT'S onsite observations of the Work in
progressasan experienced andqualifieddesignprofessionalandonhis review of the Applicationfor
Paymentand supporting data,that the Work hasprogressed to the pointindicatedin the Applicationfor
Payment;that to the best hisknowledge,informationandbelief,the quality of the Work isin accordance
with the Contrart Documents (subject to anevaluationof the Work asafunctioningProjertupon
substantial completion asdefinedin Article I,to the results of any subsequent tests calledforin the
Contrart Documents andany qualifications statedinhis approval);andthat the CONTRACTOR is
entitled to payment of the amountapproved.However,byapproving,anysuchpaymentthe
CONSULTANT shall not thereby be deemed to have represented that hemade exhaustive or continuous
on-site observations to check the qualityor the quantity of the Work,or that hehas reviewed the means,
methods,techniques,sequences andproceduresof construction orthathehadmadeanyexaminationto
ascertain how orforwhatpurpose the CONTRACTOR hasusedthe moneys paid or to be paid to him
onaccountof the Contrart Price,orthattitletoany Work,materials,or equipment haspassed to the
CITY freeandclear of anyliens.
Page 60 of 71
Thomas F.Pepe 8-26-14
14.5 The CONTRACTOR shnli make the foilowlna certification on each reeuest for navment:
"I hereby certifythat the laborandmaterialslistedonthis request forpaymenthavebeenusedinthe
construction of this Work and that allmaterialsincludedinthis request for payment and not yet
incorporated into the construction arenowonthesiteor stored atanapprovedlocation,andpayment
receivedfrom the last request forpaymenthasbeenused to makepayments to all hisSubcontractors
andsuppliers,except fortheamountslistedbelowbeside the names of the persons who performed work
orsuppliedmaterials".
In the event that the CONTRACTOR withholds payment froma Subcontractor orSupplier,the same
amount of money shallbe withheld from the CONTRACTOR'S payment until the issueisresolvedby
written agreement between them and then ajoint check shallbemadepayable to the person in question
and the CONTRACTOR in accordance with the settlement agreement,otherwise the money shallbe
heldby the CITY untila judgment is entered infavor of the CONTRACTOR or the person,inwhichcase
the money shallbepaidaccordingwithsaidjudgment.Nothing contained hereinshallindicatean intent
to benefit anythird persons who are not signatories to the Contrart.
14.6 The CONSULTANT mayrefuse to approve the whole oranypart of any payment if,initsopinion,itis
unable to makesuch representations to the CITYasrequiredthisSection 14.Itmayalsorefuse to
approve anypayment,or itmayvoidanyprior payment applicationcertificationbecause of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent asmaybe necessary
inits opinion to protect the CITY fromlossbecause:
14.6.1 of Defertive Work,or completed Work hasbeendamagedrequiring correction or replacement
14.6.2 the Work forwhich payment is requested cannot beverified,
14.6.3 claims of Lienshave been filedor received,or there is reasonable evidence indicating the
probable filing or receipt thereof,
14.6.4 the Contrart Price has been reduced because of modifications,
14.6.5 the CITY has correct Defertive Work or completed the Work inaccordancewith Article 13.
14.6.6 of unsatisfactory prosecution of the Work,includingfailure to cleanupasrequiredby paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contrartors on the Projertand persistent failure to
carry out the Work in accordance with the Contrart Documents,
14.6.8 of liquidateddamagespayableby the CONTRACTOR,or
14.6.9 of any other violationof,orfailure to comply withprovisions of the Contrart Documents.
14.7 Prior to Final Acceptance the CITY,with the approval of the CONSULTANT,mayuseany completed or
substantially completed portions of the Work providedsuchusedoes not interfere with the
CONTRACTOR'S completion of the Work.Suchuseshall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shallhave the right to enter the premisesfor the purpose of doing Work not covered by the
Contrart Documents.Thisprovisionshall not be construed asrelieving the CONTRACTOR of the sole
responsibility for the careand protection of the Work,or the restoration of anydamaged Work except
suchasmaybecausedbyagentsor employees of the CITY.
14.9 Upon completion and acceptance of the Work the CONSULTANT shallissuea Certificate attached to
the Final ApplicationforPayment that the Work hasbeen accepted byitunder the conditions of the
Contrart Documents.The entire balancefound to bedue the CONTRACTOR,including the retained
percentages,but except such sums asmaybelawfully retained by the CITY,shallbepaid to the
CONTRACTOR within thirty (30)calendardays of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR willbestronglyencouraged to registerasanePayables Vendor with
the City.The Bank of America ePayablesSolutionisan automated card payment process that shifts
accounts payable disbursements to corporate purchasingcards.ePayables,streamline the process of
making payments to your organizationgoingforward,the Citywillprovide the CONTRACTOR witha
creditcardaccount number to keepon file.Thiscardhasuniquesecurityfeatures,with$0of available
fundsuntilaninvoiceisapprovedforpayment.After aninvoicehasreceivedproperand complete
approval,an electronic remittance advice willbe sent viae-mail,or fax,which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listedon the invoice and/or remittance email.Please refer to the ePayables Questions &Answers Form
containedinthis RFP or contact the CITYs Finance department at(305)663-6343withany questions.
Page 61 of 71
Thomas F.Pepe 8-26-14
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shallbeandshall operate asa release to the
CITYandawaiver of allclaimsandall liability to the CONTRACTOR other thanclaimspreviouslyfiled
and unresolved.The waiver shallincludeallthings done orfurnishedin connection with the Work and
for every artandneglect of the CITY and others relating to orarising out of this Work.Any payment
however,final or otherwise,shall not release the CONTRACTOR orits sureties fromanyobligations
under the Contrart Documents or the Performance BondandPaymentBonds.
14.12 The CONSULTANT mayvoidanycertificationofSubstantial Completion or Final Completion of the
Work asmaybenecessaryinhisopinion to protect the CITYfromlossifhe determines,becauseof
subsequently discovered evidence or the results of subsequent inspection or tests,that:
14.12.1 the Work is defertive,or that the completed Work has been damageddue to the fault of the
CONTRACTOR oranyindividualor entity operating under or through itrequiring correction
or replacement to the extent that the projert isnolongerSubstantially Completed,or in the
case of Final Completion certification,isnolonger Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work asbeing
Substantially Completed or Finally Completed cannot beverified,
14.12.3 claims or Lienshave been filed or received,or there is reasonable evidence indicating the
probable filing or receipt thereof that ifvalidandpaid,would reduce the amount owing to the
CONTRACTOR BY20%in the case of Substantial Completion and5%in the case of Final
Completion.
14.12.5 there is Defertive Work the value of which,if deducted from the contrart price would reduce
the amount owing to the CONTRACTOR BY20%in the case of Substantial Completion and5%
in the case of Final Completion.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION
15.1 TheCITYmay,atany time and without cause,suspendthe Work oranyportion thereof foraperiodof
not more than one hundredeighty (180)calendardaysbynoticeinwriting to the CONTRACTOR and
the CONSULTANT,which shallfix the date on which Work shall be resumed.The CONTRACTOR
shallbe allowed an increase in the Contract Price or an extension of the Contrart Time,or both,directly
attributable to any suspension andifaclaimistimelymadeandifitisallowed under the terms ofArticles
11 or Article 12.
CityMay Terminate
15.2 If the CONTRACTOR isadjudged bankrupt or insolvent orifhemakesageneral assignment for the
benefit of its creditors,orifa trustee orreceiveris appointed for the CONTRACTOR orforanyits
property,orifhefilesapetition to takeadvantage of any debtor's art,or to reorganizeunder bankruptcy
orsimilarlaws,orifhe repeatedly fails to supplysufficientskilled workmen orsuitablematerialsor
equipment,orifhe repeatedly fails to make prompt payments to Subcontractors orforlabor,materialsor
equipment orhedisregardslaws,ordinances,rules,regulationsor orders of anypublic body having
jurisdiction,orifhedisregards the authority of the CONSULTANT,or ifhe otherwise violates any
provisionof,the Contrart Documents,then the CITYmay,without prejudice to any other right or
remedy andaftergiving the CONTRACTOR and the Surety seven (7)calendardays written notice,
terminate the services of the CONTRACTOR and take possession of the Projert and of allmaterials,
equipment,tools,construction equipment and machinery thereon owned by the CONTRACTOR,and
finish the Work by whatever method itmay deem expedient.Insuchcase the CONTRACTOR shall not
be entitled to receive any further payment until the Work isfinished.If the unpaidbalance of the
Contrart Price exceeds the dirert andindirect costs of completing the Project including compensation
foradditionalprofessionalservices,such excess shall bepaid to the CONTRACTOR.Ifsuch costs
exceed suchunpaidbalance,the CONTRACTOR or the Surety on the Performance Bondshallpay the
difference to the CITY.Such costs incurredby the CITY shall be determined by the CONSULTANT and
incorporated ina Change Order.
Ifafter termination of the CONTRACTOR underthisSection,itis determined bya court of competent
jurisdictionforanyreason that the CONTRACTOR was not in default the rightsandobligations of the
CITYand the CONTRACTOR shall bethesameasif the termination hadbeenissuedpursuantto
Section 15.5
15.3 Where the CONTRACTOR'S serviceshavebeenso terminated by the CITYsaid termination shall not
affectanyrightsof the CITYagainstthe CONTRACTOR thenexistingorwhichmay thereafter accrue.
Page62 of 71
Thomas F.Pepe 8-26-14
payrr.rint °^moneys bv the CITY dv*the CONTP.ACTOR,shai'not r^jr^se the
CONTRACTOR fromliability.
15.4 Uponseven(7)calendar days writtennoticetotheCONTRACTOR and theCONSULTANT,theCITY
may,withoutcauseandwithout prejudice toanyother right orremedy,electtoterminatetheContrart
for the convenience of the CITY.Insuchcase,the CONTRACTOR shallbepaidfor all Work executed
andacceptedbytheCITYasofthedateofthe termination,minusanydeductionfor damage orDefertive
Work.Nopayment shall bemadeforprofitfor Work whichhasnotbeenperformed.
Removal of Equipment
15.5 In the case of termination of this Contrart before completion foranycause whatever,the
CONTRACTOR,ifnotifiedtodosobytheCITY,shall promptly remove anypartor all ofits equipment
andsuppliesfromthepropertyoftheCITY.Shouldthe CONTRACTOR not remove suchequipment
andsupplies,theCITY shall havetherighttoremovethematthe expense ofthe CONTRACTOR and
the CONTRACTOR agrees that the CITYshall not beliableforlossordamage to such equipment or
supplies.Equipmentandsupplies shall notbeconstruedtoincludesuchitemsforwhichthe
CONTRACTOR has been paidin whole or inpart.
Contrartor May Stop Work or Terminate
15.6 If,throughnoartorfault of the CONTRACTOR,the Work issuspendedforaperiodof more thanone
hundredeighty (180)calendardaysbytheCITYorby order of other publicauthority,orunderan order
of court or the CONSULTANT fails to artonanyApplicationforPaymentwithin thirty (30)calendar
daysafteritis submitted,or the CITY fails topaythe CONTRACTOR anysumapprovedby the
CONSULTANT,within thirty (30)calendardaysofitsapproval,and presentation,then the
CONTRACTOR may,upon twenty (20)calendardays written notice to the CITYand the
CONSULTANT,terminate the Contrart.The CITY may remedy the delay or neglect within the twenty
(20)calendarday time frame.Iftimelyremediedby the CITY the Contrart shall not be considered
terminated.Inlieu of terminating the Contract if the CONSULTANT has failed to artonanApplication
forPaymentor the CITY has failed to makeanypaymentasaforesaid,the CONTRACTOR mayupon
ten (10)calendardays'notice to the CITYand the CONSULTANT stop the Work untilithasbeenpaid
all amounts then due.
Indemnification of Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT maybe reluctant to
ruleonany disputes concerning the Contrart Documents or on the performance of the CONTRACTOR
or the CITY pursuant to the terms of the Contrart Documents.Therefore,the CITY or the
CONTRACTOR,at the CONSULTANT'S request agree to provide the CONSULTANT witha written
indemnificationandholdharmless agreement to indemnifyandhold the CONSULTANT harmless before
the CONSULTANT makes an interpretation,de-certifiesa payment application,decertifies Substantial
Completion,decertifies Final Completion,certifiesan event ofdefaultorapprovesanyactionwhich
requires the approval of the CONSULTANT.
ARTICLE 16 -MISCELLANEOUS
16.1 Whenever anyprovision of the Contract Documents requires the giving of written notice itshallbe
deemed to have been validlygivenif delivered inperson to the individual or to a member of the firmor
toanofficerof the corporationfor whom itisintended,orifdeliveredator sent byregisteredor
certified mail,postage prepaid,to the last known businessaddress.
16.2 The Contrart Documents shall remain the property of the CITY.The CONTRACTOR and the
CONSULTANT shall havetherighttokeeponerecordsetoftheContrartDocumentsuponcompletion
of the Projert.
16.3 Thedutiesand obligations imposedbythese General Conditions,Special Conditionsand Supplemental
Conditions,ifany,andtherightsandremedies available hereunder,and,in particular but without
limitation,thewarranties,guaranteesand obligations imposedupon CONTRACTOR bythe Contrart
Documents and the rightsand remedies available to the CITY and CONSULTANT thereunder,shallbein
additionto,and shall notbeconstruedinanywayasa limitation of,anyrightsandremedies available by
law,byspecialguaranteeorby other provisions of the Contrart Documents.
16.4 Should theCITYorthe CONTRACTOR suffer injury or damage toitspersonorproperty because ofany
error,omission,orartoftheotherorofanyoftheiremployeesoragentsorothersforwhoseactsthey
are legally liable,claim shall bemadeinwritingtotheotherpartywithin twenty one (21)calendar daysof
the first observance of suchinjuryordamage.
Page63 of 71
Thomas F.Pepe 8-26-14
ARTICLE 17 -WAIVER OFJURYTRIAL
17.1 CITYand CONTRACTOR knowingly,irrevocablyvoluntarilyandintentionallywaiveanyrighteithermay
havetoatrialbyjuryinStateor Federal Courtproceedingsinrespect to anyaction,proceeding,lawsuit
orcounterclaimarising out of the Contract Documents or the performance of the Work thereunder.
ARTICLE 18 -ATTORNEYS FEES JURISDICTION/VENUE/GOVERNING LAW
18.1 The Contract shall be construed inaccordancewithand governed by the law of the Stateof
Florida.
18.2 The parties submit to the jurisdirtionofany court of competent jurisdictionin Florida regardinganyclaim
oractionarising out of orrelating to the Contract or Contract Documents.Venue of anyaction to
enforce the Contrart shallbeinMiami-Dade County,Florida.
18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contrart by court proceedings,
the prevailingpartyshallbe entitled to recover all suchcostsand expenses,including,but not limitedto,
court costs,and reasonable attorney's fees.
18.4 Except asmaybe otherwise provided in the Contrart Documents,allclaims,counterclaims,disputes and
other matters in question between the CITYand the CONTRACTOR arising out of orrelating to this
Contrart or the breach thereof,shallbedecidedina court of competent jurisdictionwithin the State of
Florida.
ARTICLE 19 -PROJECT RECORDS
19.1 The CITY shallhaveright to inspect andcopyduringregularbusinesshoursat CITYS expense,the books
and records andaccounts of CONTRACTOR whichrelateinanyway to the Project and to anyclaimfor
additional compensation made by CONTRACTOR,and to conduct anaudit of the financial and
accounting records of CONTRACTOR whichrelate to the Projert.CONTRACTOR shallretainand
make available to CITY all such books and records and accounts,financial or otherwise,which relate to
the Projertand to anyclaimforaperiod of three (3)yearsfollowing final completion of the Project
During the Projertand the three (3)yearperiodfollowing final completion of the Project
CONTRACTOR shall provideCITYaccesstoitsbooksandrecordsuponfive(5)businessday's written
notice.
19.2 ACCESSTO PUBLIC RECORDS.CONTRACTOR and all ofits subcontrartors arerequired to comply
withpublicrecordslaws (s.l 19.0701)andthe CONTRACTOR agreestoincorporatethis paragraph in all
of itssubcontractsforthisProjert.CONTRACTOR andits subcontractors are specifically requiredto:
a.Keepandmaintainpublicrecordsthatordinarilyandnecessarilywouldberequiredbythepublicagency
in order to perform the service.
b.Providethe public withaccessto public recordsonthesame terms andconditionsthatthe public
agencywouldprovide the recordsandatacostthatdoesnot exceed the cost providedinthis
chapter oras otherwise providedbylaw.
c.Ensurethatpublicrecordsthatare exempt orconfidentialand exempt frompublicrecordsdisclosure
requirements are not disclosed except as authorized bylaw.
d.Meet all requirementsfor retaining public recordsandtransfer,atno cost tothe public agency all
public recordsinpossessionofthecontrartoruponterminationofthecontrartanddestroyany
duplicate public recordsthatare exempt or confidential and exempt from public recordsdisclosure
requirements.Allrecordsstored electronically mustbeprovidedtothe public agencyinaformat
thatiscompatiblewiththe information technologysystemsofthe public agency.
e.If CONTRACCTOR oritssubcontractordoesnotcomplywitha public records request theCITY
shall havetherighttoenforcethiscontrart provision by specific performanceandthepersonwho
violatesthis provision shall be liable toCITYforitscostsofenforcingthis provision,including
attorneyfees incurred in all proceedings,whether administrative or civil courtandin all appellate
proceedings.TheCity shall alsohavetherighttoimmediatelyterminatethisAgreementforthe
refusal bythe Contrartor tocomplywithChapter 119,Florida Statutes.
f.The Contractor shall retain all records associated withthisAgreementfora period ofthree (3)years
fromthedateofTerminationorasotherwiserequiredbyChapter 119.
Page64 of 71
Thomas F.Pepe 8-26-14
ARTICLE 20 -SEVERABILITY
20.1 If any provision oftheContrartorthe application thereof toanypersonorsituation shall toany extent
beheldinvalidor unenforceable,the remainder of the Contrart,and the application of suchprovisions to
personsor situations otherthanthoseastowhichit shall havebeenheld invalid or unenforceable shall
notbeaffectedthereby,and shall continuein full forceand effect andbeenforced to thefullest extent
permitted bylaw.
ARTICLE 21 -INDEPENDENT CONTRACTOR
21.1 The CONTRACTOR isan independent CONTRACTOR under the Contrart.Servicesprovidedby the
CONTRACTOR shall beby employees ofthe CONTRACTOR andsubjecttosupervisionbythe
CONTRACTOR,and not asofficers,employees,oragents of the CITY.Personnelpolicies,tax
responsibilities,socialsecurityandhealthinsurance,employee benefits,purchasingpoliciesand other
similaradministrativeprocedures,applicable toservicesrenderedunder the Contrart shall be those of
the CONTRACTOR.
IN WITNESS WHEREOF,the parties hereto have executed the General Conditions to acknowledge their
inclusion as part ofthe Contrart Documents on this it?day of SxA Tx.mL/J^O^20 rf,
WITNESSES:
AUTHENTICATION:
Signatu
Read and
Legality,
Maria Menendi
City Clerk
Thomas F.Pepe 8-26-14
CONTRACT
Signature:
Name:
Title:OWNER
7ZZ KELLY,L£H*_J
OWNER:CITY OF SOUTH MIAMI
Signatun
Steven Alexander.
CityManager
\
Page65 of 71
Supplementary Conditions
A.Consultant:The CONSULTANT is defined as set forth in ARTICLE I of the General Conditions;
however,ifno consultant is listed below,all references in the Contrart Documents to the
CONSULTANT shall meantheCity's designee.Thename,address,telephonenumberand facsimile
number of the Consultant,ifany,and the City'sdesigneeareasfollows:
Consultant City of South Miami
Kelly Barket Superintendent Public Works
4795 SW 75 Ave 400
Miami,Fl.33155
Phone Phone 305-403-2063
Fax Fax 305-668-7208
B.SupplementalDefinition:Work that isunsatisfactory,faulty,or deficient shallmean work that does not
conform to the Contrart Documents,ordoes not meet the requirements of anyapplicable inspection,
reference standard,test or approval referred to in the Contrart Documents,or has been damagedprior
to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been
assumed in writing by CITY).
C.Termination or Substitution:Nothing hereinshall prevent the CITY from terminating the services of the
CONSULTANT or from substituting another "person"asdefinedin Article I.
D.Disputes:Ifany dispute concerning a question of fartarisesunder the Contract other than termination
fordefaultorconvenience,the CONTRACTOR andtheCity department responsiblefor the
administration of the Contrart shallmakeagoodfaith effort to resolve the dispute.If the dispute cannot
be resolved by agreement then the department with the advice of the City Attorney shallruleon the
disputedissueandsenda written copy of itsdecision to the CONTRACTOR,whichshallbebindingon
both parties.
E.Non-conformance to Contrart:TheCityofSouth Miami maywithholdacceptanceof,orrejectitems
whicharefounduponexamination,notto meet the specification requirements.Upon written notification
of rejection,itemsshallbe removed withinfive(5)businessdaysby the CONTRACTOR athisown
expense andredeliveredathis expense.Rejectedgoodsleftlongerthanthirty(30)calendardays shall be
regardedasabandonedand the City shall havetherighttodisposeof them asitsown property and the
CONTRACTOR thereby waivesanyclaimtothegoodorto compensation of anykind.Rejectionfor
non-conformance or failure to meet deliveryschedulesmayresultin the Contrart beingfoundindefault
F.Default Provision:In caseofdefaultbythe CONTRACTOR,theCityofSouth Miami mayprocurethe
articlesorservicesfrom other sourcesandholdthe CONTRACTOR responsibleforanyexcesscosts
occasioned or incurred thereby
G.Indemnification:The CONTACTOR shall indemnify,save harmless,anddefendtheCityofSouth Miami,
itsofficers,agentsandemployeesfromand against any claims,demandsorcausesofactionof whatsoever
kindornaturearising out oferror,omission,negligentart,conduct or misconduct of the
CONTRACTOR,itsagents,servantsoremployeesinthe provision ofgoodsortheperformanceof
servicespursuantto the Contractand/orfromany procurement decisionoftheCITY including without
limitation,awarding the Contract to the CONTRACTOR.
H.Secondary/Other Contrartors:TheCITYreservestherightinthe event the CONTRACTOR cannot
provideanitem(s)orservice(s)inatimelymannerasrequested,toobtainthegoodand/orservicesfrom
other sourcesanddeductingthecostfromtheContrart Price without violating theintentofthe
Contrart.
Page 66 of 71
Thomas F.Pepe 8-26-14
i A^ss'^nroer.t"The CONTRACTOR rhall not transfer or ars'^n the performance reoL'!r*4ad h>A the Contract
withoutpriorwrittenconsentoftheCity Manager.CONTRACTOR shall not assign ortransferits rights
underthis Agreement without theexpresswrittenconsentoftheCity.The CONTRACTOR shall not
assign anyofits duties,obligations and responsibilities.TheCity will not unreasonably withholdand/or
delayitsconsenttotheassignmentofthe CONTRACTOR'S rights.TheCitymay,initssole discretion,
allow the CONTRACTOR to assign itsduties,obligations andresponsibilitiesprovided the assignee
meets all oftheCity'srequirementstotheCity'ssole satisfaction,executes all oftheContrart
Documentsthat were requiredtobeexecutedbythe CONTRACTOR andprovidedthe
CONTRACTOR remainsjointlyandseverally liable foranybreachofthe Agreement by the assignee.
J.Plans forConstrurtion:ThesuccessfulBidderwillbe furnished foursetsof Contract Documents without
charge.Any additional copiesrequiredwillbe furnished totheBidderatacosttotheBidderequaltothe
reproduction cost
K.Warranty/Guarantee:CONTRACTOR shall artas agent onalimitedbasisfor the City,solelyforthe
follow-upconcerningwarrantycompliancefor all itemsundermanufacturer's Warranty/Guarantee and
for the purpose of completing all formsforWarranty/Guaranteecoverageunderthis Contrart.
INWITNESSWHEREOF,the parties hereto have executed theSupplementaryConditions to acknowledgetheir
inclusionaspartofthe Contrart onthis9dayof SEPTEMBER ,20 14,
WITNESSES:
AUTHENTICATION:
Signature:
faria Menem
City Clerk
Readand Appro;
Legality an
Signature:
Thomas F.Pepe 8-26-14
CONTRACTOR:
Signature:
Name:
Title:
OWNER:
Signature:
END OF SECTION
Page 67 of 71
,20 14,j
KELLY,CHAD
OWNER
CITY OF
RICKSCOTT,GOVERNOR KEN LAWSON,SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
LICENSE NUMBER
CAC1817451
The CLASS AAIR CONDITIONING CONTRACTOR
Named below IS CERTIFIED
Undertheprovisionsof Chapter 489FS.
Expiration date:AUG 31,2014
KELLY,CHAD ALLEN
BETTERAIRCONDITIONING,LLC
16143 SW107TH PLACE
MIAMI FL 33157'
'••,'rv.
ISSUED:07/13/2014 DISPLAY AS REQUIRED BY LAW SEQ#L1407130002925
South'Miami
THE CITY OF PLEASANT LIVING
ADDENDUM No.#1
Project Name:AC Unit Installation f<
Center
RFP NO.PW2014-08
Date:September 5,2014
Sent:Fax/E-mai 1/webpage
This addendum submission is issued to clarify,supplement and/or modifythe previously issued
Request for Qualifications (RFQ)Documents,and is hereby made part of the Documents.All
requirements of the Documents not modified hereinshallremaininfullforceand effect as
originallyset forth.Itshallbethesole responsibility of thebiddertosecureAddendumsthat
may beissuedfora specific solicitation.
Question #1:
Do we bid only Trane,or will other manufacturers be considered?
Answer to Question #1:
TheCitywill accept bids for ACunits manufactured by Trane as specified inExhibit#1"Scope
of Services,"orequivalentmodels.Biddersmaysubmitmultipleequivalent manufacturers to
theTrane model intheirproposal.
Question #2:
Doesthe work sitecontainingthecontractor'sequipmentandmaterialsneedtobesecured?
Answer to Question #2
Yes,thecontractorisresponsibletosecuretheworksiteatthe Community Centerduring,
beforeandafterthescheduled work hoursspecifiedin Exhibit #1 "Scope of Services"with
eitherbarricades,orangeplastic construction fencing,or yellow cautiontape.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of 1
RESOLUTION NO.:135-14-14229
AResolutionauthorizing the CityManagerto expend $16,900 with Florida
State Refrigeration,Inc.for necessary repairs to the 40 ton A/CUnitlocated
at the Community Center.
WHEREAS,the A/Cunitisinneedof major repairs,including but not limited to Trane
condenser coils,refrigerant recovery,brazingmaterials,pressure testing,liquidlinedriers,
evacuation to 500 microns and crane lift services.Includes parts,materials and labor;and
WHEREAS,the system failed and isnow inoperable;and
WHEREAS,the City sought three quotes and obtained 2 quotes for emergency repair;
and
WHEREAS,Florida State Refrigeration Inc.was the lowest quote;and
WHEREAS,the vendors have indicated the 2002 unit isin good condition with
replacement ofcoilsas the onlyneedof immediate attention.Anewunitof replacement was
not recommended with an estimated cost in excess pf $40,000.00.
NOW,THEREFORE,BEIT RESOLVED THE MAYOR AND CITY COMMISSION OFTHECITY
OF SOUTH MIAMI,FLORIDA:
Section 1.TheCity Manager Is authorized to expend $16,900 withFlorida State
Refrigeration,Inc.for repairs to40tonA/Cunit,charged to account number 001-1710-519-
4670,Maintenance &Repair-Grounds &Structures.
Section2.Severability.Ifanysection,clause,sentence,or phrase ofthisresolutionis
forany reason held invalid or unconstitutional by acourtof competent jurisdiction,this holding
shallnotaffect the validityof the remainingportionsofthisresolution.
Section3.Effective Date:This resolution shall takeeffect immediately upon
enactment.
PASSEDANDENACTED thisl 5thdav of July 2014.
ATTEST:APPROVED:
CITY CI
READ AND APP^OVpD ASTO FORM,
LANGUAQEJ^GAl^AND.
EXECJ^TOtfTHEREOF
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Commissioner Welsh:Yea