4THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
September 16,2014 Agenda Item No.: __
A Resolution authorizing the City Manager to negotiate and enter into a contract
with Better Air Conditioning, LLC for a total expenditure of $36,980 for the AC
unit installation at the Gibson-Bethel Community Center.
BACKGROUND: In continuing efforts to provide the Gibson-Bethel Community Center with
ventilation and cooling of the gymnasium the existing AC unit will be replaced
with a new 40 ton Trane Air Conditioning system.
AMOUNT:
ACCOUNT:
In further review and an analysis of repair to the damaged unit it was
determined that the replacement was more cost effective than the repair that was
previously authorized by the Commission approved Resolution No.: 135-14-
14229.
The City received one (1) quote in response to a solicitation, shown below.
Pursuant to review, it was determined that Better Air Conditioning, LLC. The
best and most responsive proposal for this project.
One (1) quote received:
Better Air Conditioning, LLC $36,980.00
$36,980.00
The expenditure shall be charged to the Parks & Recreation Improvement
account number 301-2000-572-6450 which has a balance of $178,114.27,
before this request was made.
ATTACHMENTS: Resolution
Bid Opening Report
Proposal
Previously Approved Resolution No.: 135-14-14229
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RESOLUTION NO.: _____ _
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
cooling of the gymnasium the existing AC unit will be replaced with a new 40 ton 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 a new unit to replace the existing AC unit for durability and
dependability, thus cancelling the previously approved Resolution No.: 135-14-14229; and
WHEREAS, pursuant to a competitive selection process in accordance with the City Charter, it was
determined that Better Air Conditioning, LLC submitted the best and most responsive proposal in the amount of
$36,980.00; and
WHEREAS, the total expenditure will be $36,980.00; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter
into a contract with Better Air Conditioning, LLC. for the new AC unit installation at the Gibson-Bethel Community
Center for a 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: The City Manager is authorized to negotiate the terms and conditions and to execute a
contract with Better Air Conditioning, LLC. for the new AC installation at the Gibson-Bethel Community Center for
an amount of $36,980.00. A copy of the proposed contract is attached hereto and made a part hereof by
reference.
Section 2: The expenditure shall be charged to the Parks & Recreation Improvement account
number 301-2000-572-6450 which has a balance of $178,114.27, before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ___ day of ______ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
BID OPENING REPORT
Bids 'were opcned on: Wednesday. September 10. 2014 aftcl': IO:OOam
For: RFP # P\V 2014-08 -AIC Unit Installation for Gibson-Bethel Communitv Center
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT:
--~'-"'-""'-""¥""'-'---'
r-------.---------.--... ---.---~-.--~.-.-.-.-.--... ----------,
1. BETTERAIR -r;~
!-----------.. -....... ---.--.. ------........ --............ -... -...... --.. -----_._--------1
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER TIlE BIDS HAVE BI(j~'i'l COMPLETELY REVIEWED.
( /
l \ / 1 \ i
I ! D' '({,
Witness:
Proposal Submittal Checklist Form
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this RFP. The response shall include the following items:
X Bid Form X
N/A Proposal/Bid Bond N/A
N/A Performance Bond (As a Condition of Award; Not
Required With the Submittal) N/A
X Respondents Qualification Statement X
X Non-Collusion Affidavit X
X Public Entity Crimes and Conflicts of Interest X
X Drug Free Workplace X
X Acknowledgement of Conformance with OSHA Standards X
X List of Proposed Subcontractors and Principal Suppliers X
X Related Party Transaction Verification Form X
X Indemnification and Insurance Documents X
X Signed Contract Documents (All -including General Conditions
and Supplementary Conditions) X
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
Page 10 of 71
Thomas F. Pepe 8-26-14
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami. FL 33143
BID FORM
I. 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 in this RFP for the Proposed Price. within the Contract Time and in accordance with the other
terms and conditions of the RFP Package. .
2. Respondent accepts all of the terms and conditions of the 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 of the Proposal Opening.
Respondent agrees to sign and submit the Contract. if not already submitted. the Bonds. required
insurance documents. and other documents required by the 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 of the following Addenda. if any
(receipt of all which is hereby 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 himself with the nature and extent of the Contract Documents. the
proposed work. site. locality. and all local conditions and laws and regulations that in any manner
may affect cost. progress. performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this RFP. the Respondent represents that:
i. Respondent has studied carefully all reports and drawings. if applicable. of subsurface
conditions and drawings of physical conditions.
d. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations. investigations. explorations. tests and studies in addition
to or to supplement those referred to in this paragraph which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost. progress. performance. or the
furnishing of the Work at the Contract Price. within the Contract Time and in accordance with
the other terms and conditions of the Contract Documents. The Respondent hereby
acknowledges that no additional examinations. investigations. explorations. tests. reports or
similar information or data are. or will. be required by Respondent for any reason in connection
with the Proposal. The failure of the Respondent to request a pre-bid marking of the
construction site by any or all utility companies shall create an irrefutable presumption that the
Respondent's bid. or proposal price. has taken into consideration all possible underground
conditions and Respondent. if awarded the contract. shall not be entitled to a change order for
any such condition discovered thereafter.
Page II of 71
Thomas F. Pepe 8-26-14
ii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
iii. Respondent has reviewed and checked all information and data shown or indicated in the
RFP Package or in the Contract Documents with respect to existing Underground Facilities
or conditions at or contiguous to the site and assumes responsibility for the accurate
location of all Underground Facilities and conditions that may affect the Work. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect to any Underground Facilities or conditions are, or will be, required by
Respondent in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the
cost of the Work and unless the respondent makes a written request to the City for
additional information prior to submitting the bid or proposal as required in subsection ii
above,
e. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been
found and notice given, the Respondent represents, by submitting its proposal to the City, that
the Respondent has received sufficient notice of the resolution thereof from the City, that such
resolution is acceptable to Respondent and that the Respondent waives any claim regarding the
conflicts, errors or discrepancies.
f. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted pursuant to any agreement or rules of any group,
association, organization, or corporation; Respondent has not directly or indirectly induced or
solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited
or induced any person, firm or corporation to refrain from responding; and Respondent has not
sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or
over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values, if required, is provided for the
purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal
Price of:
LUMP SUM BASE PRICE;
INDICATE
MANUFACTURER
QUOTED:
dollars and
$ 36,980.00
Alternates: #1 Trane
#2
#3
#4
Page 12 of 71
Thomas F. Pepe 8-26-14
cents
#5
#6
#7
#8 --------------------------------
A fee breakdown. if applicable. for each task must be completed in the table shown above. Failure to
complete this information shall render the proposal non-responsive.
5. The ENTIRE WORK shall be completed. in full. within 10 days from the date stipulated in the NOTICE
TO PROCEED. Failure to complete the entire work during the described time period shall result in the
assessment of liquidated damages as set forth in the Contract.
6. Communications concerning this Proposal shall be addressed to:
RESPONDENT: BETTER AIR CONDITIONING, LLC
Address: 16143 SW 107TH PL
MIAMI, FL 33157
Telephone: 786-210-9816
Facsimile: 786-210-9816
Attention: KELLY, CHAD
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents. unless specifically defined in this RFP Package.
SUBMITTED THIS 09 DAY OF SEPTEMBER 20~.
PROPOSAL SUBMITTED BY:
BETTER AIR CONDITIONING, LLC
Company
KELLY, CHAD
Name of Person Authorized to Submit
Proposal
Signature
OWNER
Title
Thomas F. Pepe 8-26-14
786-210-9816
Telephone Number
786-210-9816
Fax Number
betterair@govsalesteam.com
Email Address
END OF SECTION
Page 13 of 71
RESPONDENT QUALIFICATION STATEMENT
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar construction projects completed,
a)
b)
In the past 5 years
In the past 5 years On Schedule
In the past 10 years
In the past 10 years On Schedule
208 Plus
208 Plus
N/A
N/A
2. List the last three (3) completed similar projects.
a)
b)
Thomas F. Pepe 8-26-14
Project Name: Star Marketing
Owner Name: Michael Laslovits
Owner Address: 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:
Original Contract Price:
Actual Final Contract Price:
Project Name:
Owner Name:
Owner Address:
Page 20 of 71
----------------------------------
On Time
$ 52,000.00
$ 52,000.00
Builders Choice
Lee Marrero
Miami, FL
Owner Telephone: (786)356-3651
Original Contract Completion Time
(Days): 1 Day -----------------------------
Original Contract Completion Date: 3/2012
Actual Final Contract Completion
DM~ 1D~ -----------------------------
Original Contract Price: $10,500.00
Actual Final Contract Price $10,500.00
c) Project Name: 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
Page 21 of 71
Thomas F. Pepe 8-26-14
3. Current workload
Broward county Alc John C. Torrenga 954-357-6081 $9,980.00
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart. see attached
b) RESPONDENT's proposed project organizational chart. see attached
c) Resumes of proposed key project personnel, including on-site Superintendent. see attached
5. List and describe any:
a)
b)
c)
Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
NONE
Any arbitration or civil or criminal proceedings, or
NONE
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
against the Respondent in the last five (5) years
NONE
6. Government References:
List other Government Agencies or Quasi-government Agencies for which you have done business within
the past five (5) years.
Name of Agency: Broward county
Page 22 of 71
Thomas F. Pepe 8-26-14
Address: 115 S. Andrews Ave Fort Lauderdale, FL 33301
Telephone No.: 954-357-6081
Contact Person: John C. Torrenga
Type of Project: A/c Replacement
Name of Agency: City of North Miami
Address: 801 Nw 7th Ave 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:
Page 23 of 71
Thomas F. Pepe 8-26-14
(I) u
(I)
E o :c
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
KELLY, CHAD
_______________________ being first duly sworn, deposes and states that:
(I) He/SheIThey is/are the _O_WN_E_R _____ c---c-------, _____________ _
(Owner, Partner, Officer, Representative or Agent) of
BETTER AIR CONDITIONING, LLC the Respondent that has submitted the
attached Proposal;
(2) He/SheIThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from 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, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the 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 on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
By: __________________________ ___
Witness Signature
KELLY, CHAD, OWNER
Witness Print Name and Title
09/09/2014
Date
Page 24 of 71
Thomas F. Pepe 8-26-14
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the 09 day of SEPTEMBER , 20~, before me, the undersigned Notary Public of the State
of Florida':ilersona~~eared (Name(s) of individual(s) who appeared before
notary) K LLY I and whose name(s) is/are Subscribed to the
within instrument, and he/shelthey acknowledge that he/shelthey executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Thomas F. Pepe 8-26-14
Notary Public, State of Florida
(Name of Notary Public: Print, Stamp or type as
commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
Page 25 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 on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity, may not be 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 of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list".
The award of any contract hereunder is subject to the provIsions of Chapter I 12, 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 of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
CITY OF SOUTH MIAMI
by KELL Y, CHAD OWNER
[print name of the public entity]
fgrint individual's name and titlel
for BETTER AIR CONDITIONING, LtC
[print name of entity submitting sworn statement]
whose business address is 16143 SW 107TH PL ---------------------------------------------MIAMI, FL 33157
and (if applicable) its Federal Employer Identification Number (FEIN) is 46-5494902 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
--------------------.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and 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, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
Page 26 of 71
Thomas F. Pepe 8-26-14
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
s. I understand that a "person" as defined in Paragraph 287.133 (I ) (e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for
the provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
_X__ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1,1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
9 [Signature]
Sworn to and subscribed before me this _____ day of __ S_E_P_T_E_M_B_E_R ________ , 20~.
Personally known ____________ _
OR Produced identification ________ _ Notary Public -State of _______ _
My commission expires _______ _
(Type of identification) (Printed, typed or stamped commissioned
Form PUR 7068 (Rev.06/1 1/92) name of notary public)
Page 27 of71
Thomas F. Pepe 8-26-14
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by 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 of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken 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 the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (S) business days
after such conviction.
S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENT's Signature: _______________ _
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
W BETTER AIR CONDITIONING, LL~. e, , tl'Jame of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the project as specified have the sole responsibility for compliance with
all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and
health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all
liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names):
to comply with such act or regulation.
CONTRACTOR
BY: KELLY, CHAD
Name
OWNER
Title
Thomas F. Pepe 8-26-14
Witness
Page 29 of71
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
Landscape NONE
Sodding and Turf Work
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
This list shall be provided to South Miami Bidder
within five (5) business days after Bid Opening.
Page 30 of71
Thomas F. Pepe 8-26-14
RELATED PARTY TRANSACTION VERIFICATION FORM
KELLY, CHAD . d"d II d b h If f BETTER AIR CONDITIONING, LLC ________________ , In IVI ua yan on e a 0 _______________ _
("Firm")have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indire<:t, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (Le., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: ________________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the 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
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
Page 31 of71
Thomas F. Pepe 8-26-14
before any board, commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
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 of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
_______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to 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 that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
_-------------:-------:-_--,--_----,,--___________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: _____________ _
Print Name & Title: KELLY, CHAD OWNER
Date: ___________ _
ATTACHED:
Sec. 8A-1 -Conflict of interest and code of ethics ordinance.
Municode Page 10f4
Page 32 of 71
Thomas F. Pepe 8-26-14
Sec. 8A-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
( I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the 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 to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
Page 33 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)(I) 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 of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this 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)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) 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 of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(I) 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 a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
Page 34 of71
Thomas F. Pepe 8-26-14
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause ..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
Page 35 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 of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
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 that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)(I), (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)( I) 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
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (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 of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two 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)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
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 he or she was substantially involved in the particular subject matter through deciSion, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or 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 or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(l) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-I 680, § 2, 3-2-99)
Editor's note-Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced
them with new §§
8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan. II, 1969.
END OF SECTION
Page 36 of 71
Thomas F. Pepe 8-26-14
NOTICE OF AWARD
The City has considered the Proposal submitted by your firm for the Air Conditioning Unit Installation for
the Gibson-Bethel Community Center in response to its advertisement for Request for Proposal and
Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the Air Conditioning Unit Installation for
the Gibson-Bethel Community Center in the lump sum amount of $ , broken
down as follows:
Base Proposal:
Alternate # I :
Alternate #2:
Alternate #3:
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required Performance Bond, Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day from the date of this notice to you.
If you fail to execute said Contract and to furnish said bonds, insurance endorsements and certificate of insurance
within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal,
revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds
$5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award
and the contract must be approved by the City Commission before it is binding on the City.
BY:
Steven Alexander
City Manager
Dated this __ day of _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by _______________ _
On this the ___ day of __________ , 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
Page 37 of 71
Thomas F. Pepe 8-26-14
CONTRACT
"Air Conditioning Unit Installation for the Gibson-Bethel Community Center"
THIS CONTRACT was made and entered into on this 09 day of SEPTEMBER 14 ,20 __ , by
and between BETTER AIR CONDITIONING, LLC (hereafter referred to as
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City").
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation
and any other items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents, and
hereinafter referred to as the Work.
2. The Contract Documents shall include this Contract, the General Conditions to the Contract, if any, the
drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer and that are used
by the Owner as well as any attachments or exhibits that are made a part of any of the documents
described herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change orders, in lawful money of the United States, the amount of:
Dollars ($ .00->, Lump Sum
("Contract Price").
(Spell Dollar Amount on line above)
S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be
included in the Contract Price. However, nothing contained herein shall authorize work on days and
during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing by the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial
payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work
performed during each calendar month by the Contractor, less the retainage (all as provided for in the
Contract Documents), which is to be withheld by the Owner until completion and acceptance of the
complete project in accordance with this Contract and the other Contract Documents and until such
Work has been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid
in full, and after compliance with the terms for payment provided for in the Contract Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the
Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more
particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at
the rate of $150.00 dollars per day, plus any monies paid by the Owner to the Consultant, if any, for
additional engineering and inspection services, if any, associated with such delay.
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond
("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (S)
business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in
such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event,
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Thomas F. Pepe 8-26-14
no further payment to the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the Work is furnished in the manner and in the form
satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the
work by appropriate action by the City and in accordance with the Contract Documents.
I I. The date that this contract was "made and entered into" is the date that the last party signs this contract. The
Effective Date of this contract is the date it was made and entered into or, if the contract is required to be
approved by resolution of the City Commission, then the Effective Date is 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 signed by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to
their name below and may be signed in one or more counterparts, each of which shall, without proof or
accounting for the other counterpart, be deemed an original Contract.
AUTHENTICATION:
Signature: ___________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution thereof:
Signature: ___________ _
City Attorney
Thomas F. Pepe 8-26-14
CONTRACTOR: BETTER AIR CONDITIONING, LLC
Signature: ______________ _
Name: KELLY, CHAD
Title: OWNER
OWNER: CITY OF SOUTH MIAMI
Signature: _______________ _
Steven Alexander
City Manager
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GENERAL CONDITIONS
ARTICLE I -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms
shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically
refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract
Document. However, when the section of the Contract, where the word to be defined is used, does not
specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall
not apply unless the word or group of words, in the context of it or their use in the Contract Document in
question, is/are ambiguous and open for interpretation. In addition, these definitions shall also not apply to
interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of
these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the
Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT which is to be used by the
CONTRACTOR in requesting progress payments.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and
other terms for the Work to be performed.
Bidder: Any person, firm or corporation submitting a response to the City's solicitation for proposals or
bids for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation
including the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143.
Construction Observer: An authorized representative ofthe CONSULTANT assigned to observe the
Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by
the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this
representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the
CITY'S governing body.
CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as
designated by the CITY in writing and delivered to the CONTRACTOR.
Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be
presumed to be a calendar day unless specifically designated as a business day.
Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
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Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the
Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S
recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City);
substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment;
materials and equipment furnished under the Contract that are not good quality and new unless otherwise
required or permitted by the Contract Documents.
Drawings: The drawings which show the character and scope of the Work to be performed and which
have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract
Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph
10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change
Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in
accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon
compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and
deliver the Contract to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT)
fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to
perform its obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are
prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the
equipment, material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards
by which the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with
any other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the
Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that
the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or
limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification,
the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or
portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is
lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the
fabrication of an item, but who does not perform labor at the site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR
for the full and faithful performance of the Contract and for the payment of all labor, services and materials used
on the project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and
completion of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands,
instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements.
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such
individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address.
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Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered
to the CITY's Manager and the CONSULTANT.
ARTICLE 2 -PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the
CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY
has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which
Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time
prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the
Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within one hundred eighty (180) calendar day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General
Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by
CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract
Document that requires the signature of a party may be executed in counterparts separately by each of the parties
and, in such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid Security/Performance and Payment Bond:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered in such Contract as
well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.S, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) ofthe Contract Sum. The Performance
Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any
patent defective or faulty Work or materials which appear within one year after final completion
of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work
or materials which appear within five year after final completion of the Contract.
2.3.3 Pursuant to the requirements of Section 2SS.0S( I), Florida Statutes, CONTRACTOR shall
ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade
County and provide CITY with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of
Florida as a surety, having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for a least five (S) years.
2.3.S The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular S70, current
2.3.6
2.3.7
revisions.
The CITY will accept a surety bond from a company with a rating A. VII or better.
Failure of the successful Bidder to execute and deliver the Contract and deliver the required
bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to
annul the Notice of Award and declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
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requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre-construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the Project.
Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Oualifications of Subcontractors. Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
ARTICLE 3-CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
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between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the City shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the
CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before
proceeding with construction in the area where the problem limitation exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict
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 is a conflict between or among the Contract
Documents, only the latest version shall apply and the latest version of the Contract Documents. The
CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set
forth below in the order of their precedence so that all the documents listed above a given document
should have precedence over all the documents listed below it.
(a) Amendments and Change Orders
(b) Addenda to Contract
(c) Contract with all Exhibits thereto
(d) Supplementary Conditions
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(e) Special Conditions
(f) General Conditions
(g) Written or figured dimensions
(h) Scaled dimensions
(i) Drawings of a larger scale
(j) Drawings of a smaller scale
(k) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The CITY shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be
done. rights-of-way for access thereto. and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the CITY. unless otherwise specified in the Contract Documents. Other access
to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the
CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will. upon request. furnish to the Bidders. copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work. including but not limited to those bearing upon transportation.
disposal. handling and storage of materials. availability of labor. water. electric power. roads and
uncertainties of weather. river stages. tides. water tables or similar physical conditions at the site. the
conformation and conditions of the ground. the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character. quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site.
including all exploratory work done by the CITY! CONSULTANT on the site or any contiguous site. as
well as from information presented by the Drawings and Specifications made part of this Contract. or any
other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the CITY! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery. and before such conditions are
disturbed. notify the CITY in writing. of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents. and
4.4.2 Unknown physical conditions at the site. of an unusual nature. differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions. and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S
cost of. or the time required for. performance of any part of the Work under this Contract. an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided. however. the time prescribed therefore may be extended by
the CITY. but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.0 Insurance
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A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
5.1 Firm's Insurance Generally
The FIRM shall provide and maintain in force and effect until all the Work to be performed under this
Contract has been completed and accepted by CITY (or for such duration as is otherwise specified
hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
5.1.1 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws.
5.1.2 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile
liability, completed operations and products liability, contractual liability, severability of interest with cross liability
provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per
occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
• Umbrella: $1,000,000 per claim
5.1.3 Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the
same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual
Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
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5.1.4 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
Five Million Dollar ($ 5,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
5.2 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same
insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word SUBCONTRACTOR
for the word FIRM and substituting the word FIRM for CITY where applicable.
5.3 Fire and 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, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Property Insurance on buildings and structures, while in the course of construction, including
foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said
buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is
included in the Contract, or if the machinery is located in a building that is being renovated by reason of
this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the
insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear,
and shall also cover the interests of all Subcontractors performing Work .
. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
5.4 Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract. The CITY shall have the option, but not the duty, to pay any
unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or
liability on the part of the CITY to the FIRM for such cancellation.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated AVII or better per AM. Best's Key Rating GUide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM must provide a "certified copy" of the Policy (as defined in Article I of this document)
which shall include the declaration page and all required endorsements. In addition, the FIRM shall
deliver, at the time of delivery of the insurance certificate, the following endorsements:
(a) an endorsement to the policy stating:
"The City of South Miami is an additional named insured with the right but not the obligation to
pay any unpaid premium and providing that the city does not have any duty or obligation to
provide first notice of claim for any liability it incurs and that arises out of the acts, omissions or
operations of the named insured. The insurer will pay all sums that the City of South Miami
becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or
"personal and advertising injury" and it will provide to the City all of the coverage that is typically
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Thomas F. Pepe 8-26-14
provided under the standard Florida approved forms for commercial general liability coverage A
and coverage B";
(b) an endorsement that states:
'This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or
materially modified without first giving the City of South Miami 10 days advanced written notice of
the intent to materially modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery to the City."
5.5 Indemnification
5.5.1 The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise
during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
5.5.2 The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors
and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or
cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to
and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may
be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates,
employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including
claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a
negligent error, omission, misconduct, or' any gross negligence, intentional act or harmful conduct of the
Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or
assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or
resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
5.5.3 The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection
therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors
and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and
arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or
resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
5.504 The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
5.5.5 The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of
South Miami, which approval will not be unreasonably withheld.
5.5.6 The obligations of the CONTRACTOR under paragraph 5.5 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
5.5.7 All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part.
ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
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Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to
show all changes made during the construction process. These shall be available to the
CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built"
drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop
Drawings with annotations, shall be made available to the City at all times and it shall be
delivered to the CITY upon completion of the Project.
Labor, Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents.
When special makes or grades of material which are normally packaged by the supplier or manufacturer
are specified or approved, such materials shall be delivered to the site in their original packages or
containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
Materials, Equipment. Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within one hundred eighty (180)
calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request
for payment for "or equal" equipment will be approved until this list has been received and approved by
the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or
Specifications by reference to brand name or catalog number, it shall be understood that this is
referenced for the purpose of defining the performance or other salient requirements and that
other products of equal capacities, quality and function shall be considered. The
CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of
equal substance and function for those referred to in the Contract Documents by reference to
brand name or catalog number, and if, in the opinion of the CONSULTANT, such material,
article, or piece of equipment is of equal substance and function to that specified, the
CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental
changes or extra component parts required to accommodate the substitute will be made by the
CONTRACTOR without a change in the Contract Price or the Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work
or materials shall be removed and replaced, together with any Work disarranged by such
alterations, at any time before completion and acceptance of the Project. All such Work shall be
done at the expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
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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 may have reasonable objection. nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT. unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR. nor shall it create any obligation on the part
of CITY or CONSULTANT to payor to see to payment of any persons due subcontractor or other
person or organization. except as may otherwise be required by law. CITY or CONSULTANT may
furnish to any Subcontractor or other person or organization. to the extent practicable. evidence of
amounts paid to the CONTRACTOR on account of specified Work done in accordance with the
schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the CITY.
6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts
relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these
General Conditions and other Contract Documents insofar as applicable to the Work of
Subcontractors. and give the CONTRACTOR the same power as regards to terminating any
subcontract that the CITY may exercise over the CONTRACTOR under any provisions of
the Contract Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT. any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory. they shall be promptly replaced by the
CONTRACTOR if and when directed by the CONSULTANT in writing.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention. design. process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims. damages. losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work. and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials. appliances. articles or systems prior to bidding. However. he shall not be responsible for such
determination on systems which do not involve purchase by them of materials. appliances and articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work. which are
applicable at the time of his Bid.
When such charges are normally made by the CITY and when so stated in the Special Conditions. there
will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR. when necessary.
in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
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Thomas F. Pepe 8-26-14
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.20
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on
or off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the reqUirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
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Thomas F. Pepe 8-26-14
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and
rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.3 I The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
6.32 through 6.34 have been deleted.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions. The CITY will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
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Thomas F. Pepe 8-26-14
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or
public authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently
early in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1
6.37.2
Use Premises:
The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in
every way possible, so that the construction can be completed in the least possible time.
The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea
of misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
CITY as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for
all workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be
furnished in strict accordance with existing governing regulations. Field offices shall include
telephone facilities.
Protection of Existing Property Improvements:
6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall be
restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award
of Contract.
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Thomas F. Pepe 8-26-14
ARTICLE 7 -WORK BY OTHERS
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work
itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the CITY or others will cause the CONTRACTOR additional
expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided
in Articles I I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
ARTICLE 8 -CITY'S RESPONSIBILITIES
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION
City's Representative:
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Thomas F. Pepe 8-26-14
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority ofthe CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and
other matters in question between the CITY and the CONSULTANT arising out of or relating
to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction
within the State of Florida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the
Construction Documents and applicable laws, rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the CITY against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10-CHANGES IN THE WORK
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change Orders.
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Thomas F. Pepe 8-26-14
Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such
Work shall be performed under the applicable conditions of the Contract Documents. If any authorized
written Change Order causes an increase or decrease in the Contract Price or an extension or
shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or
Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates
their agreement to the terms of the Change Order. All Change Orders shall be certified by the
CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change
in the time to complete the Work under the circumstances. The failure to include a time extension in
the Change Order or in the request for a change order shall result in a waiver of any extension of time
due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE II -CHANGE OF CONTRACT PRICE
I 1.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
I 1.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
I 1.2.1 Specifications (including drawings and designs);
I 1.2.2 Method or manner of performance of the Work.
I 1.2.3 CITY-furnished facilities, equipment, materials, services, or site; or
I 1.2.4 Acceleration in the performance of the Work.
I 1.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
I 1.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
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Thomas F. Pepe 8-26-14
Change Order. submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment. time extension
requested and supporting data. In determining the cost of the Change Order. the costs shall be limited to
those listed in section I 1.7 and 11.8.
I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
I 1.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs. the CONTRACT shall provide a list of all costs together with backup documentation
I 1.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY. such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages. plus the costs of fringe benefits which shall include social security
contributions. unemployment. excise and payroll taxes. workers' compensation. health and
retirement benefits. sick leave. vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after
regular working hours. on Sunday or legal holidays shall be included in the above only if
authorized by CITY and provided it was not in any way. whether in whole or in part the result of
the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or
through him or due in whole or in part to Defective Work of the CONTRACTOR.
I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work. including costs of
transportation and storage. and manufacturers' field services required in connection therewith.
The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the
CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that
offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR
fails to timely notify the CITY of the discounts or if the CITY deposits funds with
CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to
the CITY. All trade discounts. rebates and refunds. and all returns from sale of surplus materials
and equipment shall accrue to CITY. and CONTRACTOR shall make provisions so that they
may be obtained.
I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine.
with the advice of the CONSULTANT. which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall
be determined in accordance this section I 1.8 and in such case the word "Subcontractor" shall
be substituted for the word "CONTRACTOR".
I 1.8.4 Rentals of all construction equipment and machinery. except hand tools. and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT. and the costs of transportation. loading.
unloading. installation. dismantling and removal thereof -all in accordance with terms of said
rental agreements. The rental of any such equipment. machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed
by any governmental authority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
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Thomas F. Pepe 8·26·14
I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
lawyers, agents, expediters, timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in its principal or a branch office for general
administration of the Work and not specifically included in the schedule referred to in
Subparagraph I 1.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
I 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
I 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
I 1.9.S Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but
not limited to, the correction of defective work, disposal of materials or equipment wrongly
supplied and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 1.8.
I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
I 1.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a
net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner
as provided in I 1.8. When both additions and credits are involved in anyone change, the net shall be
computed to include overhead and profit, identified separately, for both additions and credit, provided
however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed.
ARTICLE 12 -TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors prevailing
in the locality of the Work. No extension of time shall be granted due conditions that the Contractor
knew of or should have known of before bidding on the project or due to inclement weather, except as
provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages
as specified in the Contract Documents for each calendar day after the scheduled date for completion as
adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability
to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between
the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will
be sustained as a consequence of such delay, and both parties desiring to obviate any question or
dispute concerning the amount of said damages and the cost and effect of the failure of
CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
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Thomas F. Pepe 8-26-14
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for
the Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based.
ARTICLE 13 -GUARANTEE
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent
Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first
observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five
(5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of
Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed
defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to
correct such Defective Work within ten (10) calendar days after having received written notice of the
defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the
corrective work continuously and diligently and in accordance with the Contract Documents, applicable
law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or
in part and cause the Defective Work to be removed or corrected and to complete the Word at the
CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred.
The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section 13.1.
ARTICLE 14 -PAYMENTS AND COMPLETION
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
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Thomas F. Pepe 8-26-14
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons.
If payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by
such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and
equipment as well as certificates of insurance providing coverage for 100% of the value of said material
and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and
flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either
damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after
receipt of each partial payment estimate, either certifying in writing its approval of payment and present
the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR,
indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR
may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within
thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY
shall retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all
Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the
benefit of the CITY.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all
liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as
"Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSUL TNT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced and qualified design professional and on his review of the Application for
Payment and supporting data, that the Work has progressed to the point indicated in the Application for
Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance
with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon
substantial completion as defined in Article I, to the results of any subsequent tests called for in the
Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is
entitled to payment of the amount approved. However, by approving, any such payment the
CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous
on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means,
methods, techniques, sequences and procedures of construction or that he had made any examination to
ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him
on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the
CITY free and clear of any liens.
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Thomas F. Pepe 8-26-14
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a jOint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case
the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent
to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the CITY as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the CITY from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the CITY, with the approval ofthe CONSULTANT, may use any completed or
substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the CITY.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
the City. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file. This card has unique security features, with $0 of available
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form
contained in this RFP or contact the CITY's Finance department at (305) 663-6343 with any questions.
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Thomas F. Pepe 8-26-14
Acceptance of Final Payment as Release
14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed
and unresolved. The waiver shall include all things done or furnished in connection with the Work and
for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment,
however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations
under the Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the CITY from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than one hundred eighty (180) calendar days by notice in writing to the CONTRACTOR and
the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR
shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents, then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and
incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section I 5.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue.
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Thomas F. Pepe 8-26-14
Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the
CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSU L T ANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed
and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective
Work. No payment shall be made for profit for Work which has not been performed.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment
and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and
the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or
supplies. Equipment and supplies shall not be construed to include such items for which the
CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than one
hundred eighty (180) calendar days by the CITY or by order of other public authority, or under an order
of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar
days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the
CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the
CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the
CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty
(20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered
terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application
for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon
ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid
all amounts then due.
Indemnification of Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to
rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR
or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY or the
CONTRACTOR, at the CONSULTANT's request, agree to provide the CONSULTANT with a written
indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before
the CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial
Completion, decertifies Final Completion, certifies an event of default, or approves any action which
requires the approval of the CONSULTANT.
ARTICLE 16 -MISCELLANEOUS
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in
addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by
law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any
error, omission, or act of the other or of any of their employees or agents or others for whose acts they
are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of
the first observance of such injury or damage.
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Thomas F. Pepe 8-26-14
ARTICLE 17 -WAIVER OF IURY TRIAL
17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may
have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit
or counterclaim arising out of the Contract Documents or the performance of the Work thereunder.
ARTICLE 18 -ATTORNEYS FEES IURISDICTION I VENUE I GOVERNING LAW
18.1 The Contract shall be construed in accordance with and governed by the law of the State of
Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings,
the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to,
court costs, and reasonable attorney's fees.
18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the CITY and the CONTRACTOR arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 -PROIECT RECORDS
19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books
and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for
additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the Project.
During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 ACCESS TO PUBLIC RECORDS. CONTRACTOR and all of its subcontractors are required to comply
with public records laws (s.1 19.070 I) and the CONTRACTOR agrees to incorporate this paragraph in all
of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to:
a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency
in order to perform the service.
b. Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all
public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
e. If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY
shall have the right to enforce this contract provision by specific performance and the person who
violates this provision shall be liable to CITY for its costs of enforcing this provision, including
attorney fees incurred in all proceedings, whether administrative .or civil court and in all appellate
proceedings. The City shall also have the right to immediately terminate this Agreement for the
refusal by the Contractor to comply with Chapter 119, Florida Statutes.
f. The Contractor shall retain all records associated with this Agreement for a period of three (3) years
from the date of Termination or as otherwise required by Chapter I 19.
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Thomas F. Pepe 8-26-14
ARTICLE 20 -SEVERABILITY
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 -INDEPENDENT CONTRACTOR
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their
inclusion as part of the Contract Documents on this __ day of , 20 __ ,
WITNESSES: CONTRACTOR:
Signature: ___ ==-=--=-_==-= __ _
Name: KELL Y, CHAD
Title: OWNER
AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI
Signature: ___________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: ___________ _
City Attorney
Thomas F. Pepe 8-26-14
Signature: ______________ _
Steven Alexander.
City Manager
Page 65 of 71
Supplementary Conditions
A. Consultant: The CONSULTANT is defined as set forth in ARTICLE I of the General Conditions;
however, if no consultant is listed below, all references in the Contract Documents to the
CONSULTANT shall mean the City's designee. The name, address, telephone number and facsimile
number of the Consultant, if any, and the City's designee are as follows:
Consultant
Phone
.Fax
City of South Miami
Kelly Barket, Superintendent Public Works
4795 SW 75 Ave 400
Miami, FI. 33155
Phone 305-403-2063
Fax 305-668-7208
B. Supplemental Definition: Work that is unsatisfactory, faulty, or deficient shall mean work that does not
conform to the Contract Documents, or does not meet the requirements of any applicable inspection,
reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior
to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been
assumed in writing by CITY).
C. Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the
CONSULTANT or from substituting another "person" as defined in Article I.
D. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination
for default or convenience, the CONTRACTOR and the City department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney shall rule on the
disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be binding on
both parties.
E. Non-conformance to Contract: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements. Upon written notification
of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own
expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the City shall have the right to dispose of them as its own property and the
CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for
non-conformance or failure to meet delivery schedules may result in the Contract being found in default
F. Default Provision: In case of default by the CONTRACTOR, the City of South Miami may procure the
articles or services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby
G. Indemnification: The CONT ACTOR shall indemnify, save harmless, and defend the City of South Miami,
its officers, agents and employees from and against any claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the
CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of
services pursuant to the Contract and/or from any procurement decision of the CITY including without
limitation, awarding the Contract to the CONTRACTOR.
H. Secondary/Other Contractors: The CITY reserves the right in the event the CONTRACTOR cannot
provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from
other sources and deducting the cost from the Contract Price without violating the intent of the
Contract.
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Thomas F. Pepe 8-26-14
I. Assignment: The CONTRACTOR shall not transfer or assign the performance required by the Contract
without prior written consent of the City Manager. CONTRACTOR shall not assign or transfer its rights
under this Agreement without the express written consent of the City. The CONTRACTOR shall not
assign any of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or
delay its consent to the assignment of the CONTRACTOR's rights. The City may, in its sole discretion,
allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee
meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract
Documents that were required to be executed by the CONTRACTOR and provided the
CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee.
J. Plans for Construction: The successful Bidder will be furnished four sets of Contract Documents without
charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the
reproduction cost.
K. Warranty/Guarantee: CONTRACTOR shall act as agent, on a limited basis for the City, solely for the
follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and
for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their
inclusion as part of the Contract on this _9_ day of SEPTEMBER , 20~,
WITNESSES:
AUTHENTICATION:
Signature: ___________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
Signature: ___________ _
City Attorney
Thomas F. Pepe 8-26-14
CONTRACTOR:
Signature:
Name:
Title:
OWNER:
Signature:
END OF SECTION
Page 67 of 71
KELLY, CHAD
OWNER
CITY OF SOUTH MIAMI
Steven Alexander
City Manager
ISSUED: 07/13/2014
STATE OF FLORIDA
AND
CONSTRUCTION INDUSTRY
# l1407'130002925
Project Name:
RFPNO.
Date:
Sent:
• • rami
THE un OF PUA5ANT LIVING
ADDENDUM No. #1
AC Unit Installation for the Gibson-Bethel Community
Center
PW2014-08
September 5,2014
Fax/E-maillwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All
requirements of the Documents not modified herein shall remain in full force and effect as
originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that
may be issued for a specific solicitation.
Question #1:
Do we bid only Trane, or will other manufacturers be considered?
Answer to Question #1:
The City will accept bids for AC units manufactured by Trane as specified in Exhibit #1 "Scope
of Services," or equivalent models. Bidders may submit multiple equivalent manufacturers to
the Trane model in their proposal.
Question #2:
Does the work site containing the contractor's equipment and materials need to be secured?
Answer to Question #2
Yes, the contractor is responsible to secure the work site at the Community Center during,
before and after the scheduled work hours specified in Exhibit # 1 "Scope of Services" with
either barricades, orange plastic construction fencing, or yellow caution tape.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 ofl
RESOLUTION NO.: _...!.1.;::.3.;::.5_-...:...1 ~4_-.:...1 4.:.;2::.;2::.;9~ __
A Resolution authorizing the City Manager to expend $16,900 with Florida
State Refrigeration, Inc. for necessary repairs to the 40 ton AIC Unit located
at the Community Center.
WHEREAS, the Alc unit is in need of major repairs, including but not limited to Trane
condenser coils, refrigerant recovery, brazing materials, pressure testing, liquid line driers,
evacuation to 500 microns and crane lift services. Includes parts, materials and labor; and
WHEREAS, the system failed and is now 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 is in good condition with
replacement of coils as the only need of immediate attention. A new unit of replacement was
not recommended with an estimated cost in excess of $40,000.00.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to expend $16,900 with Florida State
Refrigeration, Inc. for repairs to 40 ton AIC unit, charged to account number 001-1710-519-
4670, Maintenance & Repair -Grounds & Structures.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this1 5thday of--=-J=u=ly"---_--J. 2014.
ATTEST:
~~
APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Commissioner Welsh: Yea